Board of examiners of nursing care institution administrators and

BOARD OF EXAMINERS OF NURSING CARE INSTITUTION ADMINISTRATORS AND
ASSISTED LIVING FACILITY MANAGERS
1400 West Washington, Suite B-8, Phoenix, Arizona 85007 Janice K. Brewer
(602) 364-2273 phone • (602) 542-8316 fax Allen Imig
Governor
Executive Director
Board Members
Deborah Buie R.N., President Ken Kidder, Vice President Richard Morse,, Member Lynda Kaser, Member Heather Krzmarzick, Member Ann Breen, Member Olivia Paulesc-Pastean, Member Fred Randolph, Member David Hasseltine, Member CALL TO ORDER President Buie called the meeting to order at 9:05 a.m. Ken Kidder, Ann Breen, Fred Randolph, Deborah Buie, Lynda Kaser, David Hasseltine, Olivia Paulesc-Pastean Heather Baier, Richard Morse, David Hasseltine Allen Imig, ED, Phil Smyth, Investigator, Peggy Wilkinson, Licensing Coordinator, Keely Verstegen, AAG. CALL TO THE PUBLIC No one wished to speak April 13, 2009 Regular Board Meeting Minutes April 13,, 2009 Executive Session Minutes Member Kaser made a motion that was seconded by Member Randolph to approve the April 13, 2009, regular and executive session meeting minutes. The motion passed unanimously, 6 – 0. May 11, 2009 NCIA Board Meeting Minutes Page 2 of 12 The Board will review, consider and take action on a sponsor of continuing education application Executive Director Imig summarized for the Board that the continuing education material submitted by Mr. Laurente was identical to that of Emma Hayes and it was not known if the material was proprietary or not. Also, there was a question as to whether the material was sufficient enough to equate to the number of hours requested. There was also a question were the teaching material was assembled from. Mr. Laurente was present and addressed the Board. After discussing the issues Member Kidder made a motion that was seconded by Member Buie to make a substantive request for Mr. Laurente to provide: 1. Entire curriculum that will be taught including handouts, videos or other teaching aids. Bibliography referencing all sources of the teaching material. Approval to use proprietary or copyrighted material which will be used in the teaching of the 13 classes. Curriculum vitae on all instructors including those who will be assisting in the training. Exams related to each course that show proficiency in what the students learned. Executive Director Imig summarized for the Board that the continuing education material submitted by Ms. Hayes was identical to that of Mr. Laurente and it was not known if the material was proprietary or not. Also, there was a question as to whether the material was sufficient enough to equate to the number of hours requested. There was also a question were the teaching material was assembled from. Ms. Hayes was present and addressed the Board. After discussing the issues Member Buie made a motion that was seconded by Member Randolph to make a substantive request for Ms. Hayes to provide: 1. Entire curriculum that will be taught including handouts, videos or other teaching aids. Bibliography referencing all sources of the teaching material. Approval to use proprietary or copyrighted material which will be used in the teaching of all classes. CONSENT AGREEMENT / PROBATION TERMINATION Consent agenda to terminate probation as the terms were met: Member Randolph made a motion that was seconded by Member Kaser to terminate the probation of those listed at agenda item 4 and 5, as their conditions were met. The motion passed unanimously, 6 – 0. May 11, 2009 NCIA Board Meeting Minutes Page 3 of 12 Consent Agenda to Dismiss Complaints for lack Jurisdiction or Insufficient Evidence. Investigator Smyth summarized the complaint for the Board. DHS conducted a change of ownership survey. The investigation determined that Mr. Garrett was not the manager at the time of the survey and in fact there was no manager. Member Randolph made a motion that was seconded by Member Kaser to dismiss compliant 09-88 against Mr. Garret for lack of jurisdiction. The motion passed unanimously, 6 – 0. Investigator Smyth summarized the complaint for the Board. Board staff received a letter of complaint from Patricia Ritchey, the daughter of A.F. a prior resident at Acacia Cove Assisted Living, located at 5964 West Bluefield Ave., Glendale. Ms. Richey alleged Mr. Gocan failed to provide a refund as required and failed to respond to resolve the matter. Since filing the complaint the matter was resolved and Ms. Richey no longer wished to pursue the complaint. Mr. Gocan was present and answered the Board’s questions. He said he provided a refund on March 20, 2009. And that he was dealing with the family member who signed the admission agreement and not Ms. Richey. Member Buie made a motion that was seconded by Member Pastean to dismiss complaint number 09-109 against Mr. Gocan for insufficient evidence of a violation. The motion passed unanimously, 6 – 0. 8. Members Kaser, Kidder, Breen and Randolph disclosed they were acquainted with Mr. Calderon, but it would not affect their judgment. Investigator Smyth summarized the complaint for the Board. Board staff received a letter of complaint from Lee Gagner that was forwarded from the Attorney General’s Office. During the investigation Mr. Gagner was contacted and said the matter was resolved and he did not wish to pursue the complaint. Mr. Calderon was present and answered the Board’s questions regarding the steps he took related to the complaint. Member Kidder made a motion that was seconded by Member Buie to dismiss complaint 09-110 against Mr. Calderon, for insufficient evidence of a violation. The motion passed unanimously, 6 – 0. Board Review, Consideration and Action on Previous Board Action Investigator Smyth summarized the previous Board action of forwarding the complaint to formal hearing. He also summarized the circumstances regarding compliance that was learned after the Board action on April 13, 2009. May 11, 2009 NCIA Board Meeting Minutes Page 4 of 12 Member Kidder made a motion that was seconded by Member Randolph to rescind the previous motion to go to formal hearing and dismiss case 09-94 against Ms. Devries as she was in substantial compliance of the consent agreement 07-115. The motion passed unanimously, 6 – 0. Board Review, Consideration and Action on Consent Agreement Revision Investigator Smyth summarized the revised consent agreement in that Ms. Caltabiano wished to surrender her assisted living facility manger certificate, in lieu of complying with the previous consent agreement. Ms. Caltabiano was not present. Member Randolph made a motion that was seconded by Member Buie to accept the consent agreement to surrender Ms. Caltabiano’s certificate in lieu of complying with 09-58. The motion passed unanimously, 6 – 0. Board Individual Review, Consideration and Action regarding new complaints: Investigator Smyth summarized the complaint for the Board. Board staff received a letter of complaint from Sherry Klusman, the daughter of M.N., a previous resident at The Place at Glendale, located at 6735 W. Hillcrest Blvd., Glendale. Some of Ms. Klusman allegations included: 1. M.N. did not receive adequate Health related services Sufficient time was not given to find other accommodations. Ms. Brender was present and answered the Board’s questions that related to the complaint. Member Kidder made a motion that was seconded by Member Pastean to dismiss complaint 09-49 against Kathleen Brender, for insufficient evidence of a violation. The motion passed, 6 – 0. 12. Investigator Smyth summarized the complaint for the Board. Board staff received a letter of complaint from Greg Dodd, husband of L.D., a previous resident at The Place at Glendale, located at 6735 W. Hillcrest Blvd., Glendale. Some of Mr. Dodds’ allegations included: 1. L.D. was evicted from the facility without being given prior notice Mr. Dodd questioned why his wife was given the medication Seroquel. L.D. was not treated with dignity by facility staff. Member Kidder made a motion that was seconded by Member Breen to dismiss complaint 09-107 against Ms. Brender, for insufficient evidence of a violation. Members Kidder, Randolph, and Breen voted aye, Member’s Pastean, Kaser, and Buie voted nay. Motion fails due to lack of a majority. May 11, 2009 NCIA Board Meeting Minutes Page 5 of 12 There was further discussion regarding the concerns that were raised. Member Randolph, made a motion that was seconded by Member Buie to dismiss and issue a letter of concern. The concern was Ms. Brender’s need to improve communication and documentation in contentious relationships even if they have to go to third party mediation to be resolved. The motion passed unanimously, 6 – 0 13. Investigator Smyth summarized the complaint for the Board. Board staff received a letter of complaint from Patricia Woessner, concerning Miguel Soto, who was alleged to be acting as the manager of record for Silver Springs Assisted Living, located at 500 W. Camino Encanto, Green Valley. Karen Valliere was present and answered the Board’s questions. Member Kaser made a motion that was seconded by Member Pastean to dismiss complaint 09-64 against Ms. Valliere, for insufficient evidence of a violation. The motion passed unanimously, 6 – 0. 14. Investigator Smyth summarized the complaint for the Board. Board staff received a letter of complaint from Barbara Dutrow, the daughter of W.D., a prior resident at Cave Creek Assisted Living, located at 1640 E. Runion Dr., Phoenix. Ms. Dutrow alleged: 1. Improper administration of W.D’s medication Caregiver did not speak English very well Increased rent contrary to the residency agreement Ms. Nowak was not present and did not provide a response to the complaint. Member Buie made a motion that was seconded by Member Randolph that based upon the information contained in the investigation report, the Board finds sufficient evidence of a violation of ARS 36-446.07(B)(3) as defined by ARS 36-446 (9)(a) for unprofessional conduct in complaint number 09-72 involving manager Nina Nowak proceed to formal hearing. The motion passed unanimously, 6 – 0. Investigator Smyth summarized the complaint for the Board. Ms. Nowak failed to comply with consent agreement 09-19, by not taking a Board approved manager training course and passing the manager examination within six months. Ms. Nowak was not present. Member Buie made a motion that was seconded by Member Kidder that the Board finds sufficient evidence of a violation of ARS 36-446.07(B)(8) and AAC R4-33-407(B)(13) and to combine the two cases 09-72 and 09-124 and offer Ms. Nowak a consent agreement to allow her to surrender her license within 10 days or the cases would be forwarded to formal hearing. The motion passed unanimously, 6 – 0 May 11, 2009 NCIA Board Meeting Minutes Page 6 of 12 Investigator Smyth summarized the complaint for the Board. Board received a letter of complaint from Daniel Miramon, son of C.M., a prior resident at Cameron House, located at 244 N. Extension Rd., Mesa. Mr. Miramon alleged: 1. Mr. Miramon was present and answered the Board’s questions. Mr. Miramon told the Board he was not the POA of is mother and that his brother Freddie Miramon was. Mr. Gerardo was present and answered the Board’s questions. After hearing from all parties, Member Buie made a motion that was seconded by Member Randolph to dismiss complaint 09-108 against Mr. Gerardo, for insufficient evidence of a violation. The motion passed unanimously, 6 – 0. 17. Investigator Smyth summarized the complaint for the Board. DHS conducted a recertification survey at Osborn Health and Rehabilitation, located at 3333 N. Civic Center Plaza, Scottsdale and identified 21 deficiencies in 18 different areas. Some of the deficiencies included: 1. Facility failed to notify responsible party and physician following a facility transport van accident that injured a resident Assessments that included accurate activity involvement of residents Failure to develop appropriate care plan DHS took enforcement action on six violations and assessed a civil money penalty of $4,750.00. Mr. Muir was present and answered the Board’s questions. Mr. Muir’s attorney Ms. Wittekind was also present. The discussion covered the survey and the circumstances that were present at that time along with corrections. Member Pastean made a motion that was seconded by Member Kidder to dismiss complaint 09-69 against Mr. Muir, for insufficient evidence of a violation. The motion passed unanimously, 6 – 0. 18. Investigator Smyth summarized the complaint for the Board. DHS conducted a change of ownership survey at Desert Breeze Assisted Living Home, located at 4124 W. Bart Dr., Chandler, and identified 34 deficiencies in 12 different areas. Some of the deficiencies included: 1. Lorna Into was not present and did not respond to the complaint. May 11, 2009 NCIA Board Meeting Minutes Page 7 of 12 DHS took enforcement action and assessed a civil money penalty of $3,100.00. Member Randolph made a motion that was seconded by Member Kidder that based upon the information contained in the investigation report, the Board finds sufficient evidence of a violation of ARS 36-446.07(B)(3) as defined by ARS 36-446 (9)(a) for unprofessional conduct in complaint number 09-80 involving manager Lorna Into and to offer Her a consent agreement to be signed within 10 days or the matter will proceed to formal hearing. The terms shall include the following: A roll call vote was taken and passed unanimously, 6 – 0. 19. Investigator Smyth summarized the complaint for the Board. DHS conducted a compliance inspection at Greenfields Assisted Living Community, located at 723 E. 3rd Ave., Mesa and identified 49 deficiencies in 17 different areas. Some of the deficiencies included: 1. Medication administration requirement not met Employee records did not document required training Mr. Gurrieri was present and answered the Board’s questions. At the time of the survey, Mr. Gurrieri had been the manager at the facility for one and a half weeks. Since becoming manager at the facility Mr. Gurrieri has worked on correcting the deficiencies. DHS issued a provisional license but did not take other enforcement action. Member Buie made a motion that was seconded by Member Randolph to dismiss complaint 09-91 against Mr. Gurrieri, for insufficient evidence of a violation. The motion passed unanimously, 6 – 0. 20. Investigator Smyth summarized the complaint for the Board. DHS conducted a complaint investigation at Gentlemen’s Inn II, located at 7931 E. 2nd St., Tucson and identified one deficiency in the area of resident rights, which included exploitation. Ms. Arellano wrote $6,100 worth of checks for her personal gain from a residents account. Tucson PD is investigating and is expecting charges to be filed by the AG’s office. Ms. Arellano also admitted this occurred to APS and DHS. Ms. Arellano was not present. Member Kidder made a motion that was seconded by Member Randolph that based upon the information contained in the investigation report, the Board finds sufficient evidence of a violation of ARS 36-446.07(B)(3) as defined by ARS 36-446 (9)(a) for unprofessional conduct in complaint number 09-101 involving manager Ms. Rosa and to offer her a consent agreement to be signed within 10 days or the matter will proceed to formal hearing. The terms shall include the following: A roll call vote was taken and passed unanimously, 6 – 0. May 11, 2009 NCIA Board Meeting Minutes Page 8 of 12 Member Pastean recused herself. The case was tabled until the next meeting for lack of a quorum. 22. Investigator Smyth summarized the complaint for the Board. DHS conducted a complaint investigation at Carra Adult Care Home, located at 8443 W. Shaw Butte Dr., Peoria and identified deficiencies in three different areas. Some of the deficiencies included: 1. Service plans were not updated as required DHS took enforcement action on one violation and assessed a civil money penalty of $500.00. Ms. Johnson was present and answered the Board’s questions regarding the survey. Member Kaser made a motion that was seconded by Member Kidder that based upon the information contained in the investigation report, the Board finds sufficient evidence of a violation of ARS 36-446.07(B)(3) as defined by ARS 36-446 (9)(a) for unprofessional conduct in complaint number 09-105 involving manager Elisabeta Johnson and to offer her a consent agreement to be signed within 30 days or the matter will proceed to formal hearing. The terms shall include the following: 1. Probation for 6 months that includes: a) $500.00 civil money penalty payable within 6 months b) 3 hours of Board approved continuing education in administration c) 3 hours of Board approved continuing education in service plans d) 3 hours of Board approved continuing education in personnel requirements e) Any costs of the probation are those of the certificate holder f) Request in writing termination of probation A roll call vote was taken and passed unanimously, 6 – 0. 23. Investigator Smyth summarized the complaint for the Board. The Board’s licensing division informed Investigations by memo that Mr. Alba was denied a fingerprint clearance card, he appealed to the Board of Fingerprinting and was denied on his appeal. Mr. Alba does not have a fingerprint clearance card as required to be certified as a manager. Also, Mr. Alba did not disclose on previous renewals, of the criminal convictions. Mr. Alba was present and answered the Board’s questions. Member Buie made a motion that was seconded by Member Pastean that based upon the information contained in the investigation report, the Board finds sufficient evidence of a violation of ARS 36-446.04(D) AAC R4-33-109, and AAC R4-33-109(1)(2) in complaint number 09-122 involving manager Mr. Alba and to offer him a consent agreement to be signed within 10 days or the matter will proceed to formal hearing. The terms shall include the following: May 11, 2009 NCIA Board Meeting Minutes Page 9 of 12 A roll call vote was taken and passed unanimously, 6 – 0. 24. Investigator Smyth summarized the complaint for the Board. Ms. Jones Frinkle signed a consent agreement covering two cases, 08-24 and 08-29. Ms. Jones Frinkle did not comply with any of the terms of the consent agreement during the six month probation. Member Kidder made a motion that was seconded by Member Buie that based upon the information contained in the investigation report, the Board finds sufficient evidence of a violation of ARS 36-446.07(B)(8) and AAC R4-33-407(B)(13) in complaint number 09-113 involving manager Ms. Jones-Frinkle and to offer her a consent agreement to be signed within 10 days or the matter will proceed to formal hearing. The terms shall include the following: A roll call vote was taken and passed unanimously, 6 – 0. 25. Investigator Smyth summarized the complaint for the Board. Mr. Herran signed a consent agreement for case number 08-86. Mr. Herran did not comply with any of the terms of the consent agreement during the six month probation period. Mr. Herran was not present and did not respond to the complaint. Member Kidder made a motion that was seconded by Member Buie that based upon the information contained in the investigation report, the Board finds sufficient evidence of a violation of ARS 36-446.07(B)(8) and AAC R4-33-407(B)(13) in complaint number 09-115 involving manager Mr. Herran and to offer him a consent agreement to be signed within 10 days or the matter will proceed to formal hearing: A roll call vote was taken and passed unanimously, 6 – 0. 26. Investigator Smyth summarized the complaint for the Board. Ms. Grajeda signed a consent agreement for case number 08-125. Ms. Grajeda did not comply with one of the terms of the consent agreement because she did not pass the examination during the six month probation period. Ms. Grajeda was not present. Member Kidder made a motion that was seconded by Member Buie that based upon the information contained in the investigation report, the Board finds sufficient evidence of a violation of ARS 36-446.07(B)(8) and AAC R4-33-407(B)(13) in complaint number 09-116 involving manager Maria Grajeda and to offer her a consent agreement to be signed within 10 days or the matter will proceed to formal hearing. The terms shall include the following: May 11, 2009 NCIA Board Meeting Minutes Page 10 of 12 A roll call vote was taken and passed unanimously, 6 – 0. ADMINISTRATOR LICENSURE AND MANAGER CERTIFICATION Consent Agenda to Approve Temporary Administrator Licenses, Permanent Administrator Licenses, Temporary Manager Certificates and Permanent Manager Certificates, pending passing all required examinations within the substantive time frame or the license or certificate will be denied. 27. Temporary Member Kidder made a motion that was seconded by Member Buie to remove Meri Vejar from the temporary manager certificate consent agenda, and to deny the temporary manager certificate of Meri Vejar because she failed the examination and does not qualify under R4-33-402(A)(4). The motion passed unanimously, 6 – 0 Member Kidder made a motion that was seconded by Member Buie to approve the licenses and certificates of those on the consent agenda, pending passing all required examinations within the substantive time frame or the license or certificate will be denied. Individual Board Review, Consideration and Action on Applicants Temporary and or Permanent Administrator License or Manager Certificate. If approved, pending passing all required examinations within the substantive time frame or the license or certificate will be denied. Temporary and Permanent Manager Certificate Licensing coordinator Wilkinson summarized the criminal issue for the Board. Mr. Badding was present and answered the Board’s questions. Member Kidder made a motion that was seconded by Member Buie to approve the temporary and permanent manager certificate, pending passing the state examination within the substantive time-frame or certification will be denied. The motion passed unanimously, 6 – 0 May 11, 2009 NCIA Board Meeting Minutes Page 11 of 12 Temporary and Permanent Manager Certificate Licensing coordinator Wilkinson summarized the criminal issue for the Board. Mr. Milham was present and answered the Board’s questions. Member Kidder made a motion that was seconded by Member Randolph to approve the temporary and permanent manager certificate, pending passing the state examination within the substantive time-frame or certification will be denied. The motion passed unanimously, 6 – 0 30. Patel, Chaitanbahen Permanent Manager Certificate Licensing coordinator Wilkinson summarized the Board of Nursing disciplinary issue for the Board. Ms. Patel was present and answered the Board’s questions. Member Buie made a motion that was seconded by Member Pastean to approve the permanent manager certificate, pending passing the state examination within the substantive time-frame or certification will be denied. The motion and passed unanimously, 6 – 0. New Business: The Board may Review, Consider and take Action The following items concern administrative matters and are provided for informational purposes only. They are not regulatory or policy matters and they do not require Board action. Executive Director Imig reviewed with the Board the financial reports 33. Investigator Smyth reported to the Board on the complaint status report 34. Licensing Licensing Coordinator Wilkinson, reviewed with the Board the licensing report 35. Legislation Executive Director Imig reported there was no movement on our bill in the Senate nor any other bills. No bills will be heard until after the FY10 budget is approved. There is some concern that no bills will be heard this legislative session. 36. Rules There were no updates. No dockets are open and the only thing pending is the 5 year review report that will be on the GRRC agenda in August. May 11, 2009 NCIA Board Meeting Minutes Page 12 of 12 The Board briefly talked about how the meeting went. Member Buie made a motion that was seconded by Member Kidder to adjourn the meeting. The motion passed 6 – 0. The meeting was adjourned at 1:40 p.m. The next regular meeting of the Board will be held on Monday, June 8, 2009 at 1400 W. Washington, Conference Room B-1, Phoenix, Arizona, at 9:00 a.m.

Source: http://www.aznciaboard.us/5-11-2009Minutes.pdf