PUBLIC MEETING MINUTES: Delaware Board of Nursing s1

CANNON BUILDING STATE OF DELAWARE TELEPHONE: (302) 744-4500 861 SILVER LAKE BLVD., SUITE 203 DEPARTMENT OF STATE FAX: (302) 739-2712 DOVER, DELAWARE 19904-2467 WEBSITE: WWW.DPR.DELAWARE.GOV DIVISION OF PROFESSIONAL REGULATION

PUBLIC MEETING MINUTES: Delaware Board of Nursing

MEETING DATE AND TIME: Wednesday, March 14, 2007

PLACE: 861 Silver Lake Boulevard, Cannon Building, Conference Room A Dover, Delaware

MINUTES APPROVED:

MEMBERS PRESENT Lucille Gambardella, President, APN Member Pam Zickafoose, Vice President, RN Member Wanda Cohee, LPN Member Robert Draine, Public Member Joyce Edwards, Public Member Martha Hopkins, Public Member Margaret Ingram, LPN Member David Mangler, RN Member Cheryl Richter, RN Member James Vanderwall, Public Member Rebecca Walker, RN Member Irene Washabau, LPN Member

DIVISION STAFF/DEPUTY ATTORNEY GENERAL PRESENT

Allison Reardon, Deputy Attorney General Iva Boardman, Executive Director Debbie Heinsch, Administrative Specialist II James Collins, Director, Division of Professional Regulation Sam Nickerson, Investigative Supervisor, Division of Professional Regulation MEMBERS ABSENT Carolyn Hill, RN Member Evelyn Nicholson, Public Member Delaware Board of Nursing Minutes March 14, 2007 Page 2

ALSO PRESENT

Maureen Adair, Beebe School of Nursing Student Theresa Baer, Beebe School of Nursing Student Joann Baker – Delaware Technical and Community College, Terry Campus Fallon Bays, Nursing Student Daryl Berryman, Delaware Technical & Community College, Owens Campus Connie Bushey – Beebe School of Nursing Virginia Davis Kathleen Euils, Beebe School of Nursing Student Felicia Haskins Kathy Janvier – Delaware Technical & Community College, Stanton Campus Alana King, Wesley College Moonyeen Klopfenstein-Delaware Organization of Nurse Executives Karen Knox, Beebe School of Nursing Student Tamara Lewis, Wesley College Kelsey Marvel Donna Massey, Nursing Student Virginia Neely Suzanne Raab-Long Saheed Rufai Chrissa Soroweie, Nursing Student Melissa Taylor, Beebe School of Nursing Student Francis Tormen Aisha Walters, Beebe School of Nursing Student Deborah Yutzy

CALL TO ORDER- RULES AND REGULATIONS HEARING- SECTION 15

Dr. Gambardella called the hearing to order at 9:07 a.m. and announced that the purpose of the hearing was to receive public comments on the proposed changes to the Board’s Rules and Regulations, Section 15, Offenses substantially related to the Practice of Nursing. (Attachment A) Kim Hurley was the Court Reporter in attendance. This was the second of two public hearings, with the first held on February 21, 2007. Dr. Gambardella announced that the February hearing notice and proposed changes were published in the January 1, 2007 State Register of Regulations with no written comments received. The March hearing notice was placed on the calendar in the March 1, 2007 State Register of Regulations and published in the Delaware State News and the News Journal on February 22, 2007 with no written comments received. Dr. Gambardella called for public comments with none given. The public hearing was closed at 9:10 a.m.

DISCUSSION AND ACTION Members discussed the comment at the February public hearing regarding background checks which is not addressed in the proposed revisions and will be studied separately. Dr. Zickafoose made a motion, seconded by Mr. Mangler, to proceed with the proposed revisions as written. Following signing of the Decision and Order at the April 18, 2007 Delaware Board of Nursing March 14, 2007 Page 3 meeting, the changes will be published in the May 1st publication of the State Register of Regulations and in the absence of comments, become final regulations on May 11th.

Dr. Gambardella called the business meeting to order at 9:12 a.m.

STRATEGIC PLANNING AND INVESTIGATIVE UPDATES PRESENTION – JAMES COLLINS & SAM NICKERSON – Mr. Collins presented basic information on the planning process, the strategic plan in place for the division and an invitation to all boards to engage in strategic planning. The purpose of strategic planning is to determine where a group wants to be in three years. Mr. Collins advocated that the Board determine its goals, objectives, strategies, and performance measures. This is done by adding the goals and objectives as standing agenda items, establishing committees to explore items, reviewing the plan every quarter to monitor progress and establishing a new plan every two years or upon completion of all goals, whichever occurs first. Mr. Nickerson reported on the investigative unit’s statistics. Last year 349 complaints were received of which 138 were rejected. Of the 73 complaints received for nursing, 67 were accepted with 6 rejected.

REVIEW OF MINUTES

The Board reviewed the minutes of the meeting held on February 21, 2007. Dr. Zickafoose made a motion, seconded by Ms. Edwards, to approve the minutes as corrected. Mr. Draine, Ms. Edwards, Dr. Gambardella, Ms. Hopkins, Ms. Ingram, Ms. Richter, Dr. Vanderwall, Ms. Walker, Ms. Washabau, and Dr. Zickafoose voted in favor. Ms. Cohee and Mr. Mangler abstained. The motion was carried.

The Board reviewed the minutes of the hearing held for Shawn Hines on February 21, 2007. Ms. Hopkins made a motion, seconded by Mr. Mangler, to approve the minutes. Mr. Draine, Ms. Edwards, Dr. Gambardella, Ms. Hopkins, Ms. Ingram, Mr. Mangler, Ms. Richter, Dr. Vanderwall, Ms. Washabau, Ms. Walker, and Dr. Zickafoose voted in favor. Ms. Cohee abstained. The motion was carried.

The Board reviewed the minutes of the hearing held for Hannah Draper on February 21, 2007. Dr. Vanderwall made a motion, seconded by Dr. Zickafoose, to approve the minutes. Mr. Draine, Ms. Edwards, Dr. Gambardella, Ms. Hopkins, Ms. Ingram, Mr. Mangler, Ms. Richter, Dr. Vanderwall, Ms. Walker, and Dr. Zickafoose voted in favor. Ms. Cohee and Ms. Washabau abstained. The motion was carried.

The Board reviewed the minutes of the hearing held for Donna Hall on February 21, 2007. Dr. Zickafoose made a motion, seconded by Ms. Richter, to approve the minutes. Mr. Draine, Ms. Edwards, Dr. Gambardella, Ms. Hopkins, Ms. Ingram, Mr. Mangler, Ms. Richter, Dr. Vanderwall, Ms. Walker, and Dr. Zickafoose voted in favor. Ms. Cohee and Ms. Washabau abstained. The motion was carried. Delaware Board of Nursing March 14, 2007 Page 4

The Board reviewed the minutes of the hearing held for Amanda Ferenc on February 21, 2007. Mr. Mangler made a motion, seconded by Ms. Hopkins, to approve the minutes. Mr. Draine, Ms. Edwards, Dr. Gambardella, Ms. Hopkins, Ms. Ingram, Mr. Mangler, Ms. Richter, Dr. Vanderwall, Ms. Walker, and Dr. Zickafoose voted in favor. Ms. Cohee and Ms. Washabau abstained. The motion was carried.

The Board reviewed the minutes of the hearing held for Yoruba Lott on February 21, 2007. Ms. Richter made a motion, seconded by Mr. Mangler, to approve the minutes. Mr. Draine, Ms. Edwards, Dr. Gambardella, Ms. Hopkins, Ms. Ingram, Mr. Mangler, Ms. Richter, Dr. Vanderwall, and Ms. Walker voted in favor. Ms. Cohee and Ms. Washabau, and Dr. Zickafoose abstained. The motion was carried.

The Board reviewed the minutes of the hearing held for Doreen Mufor on February 21, 2007. Dr. Vanderwall made a motion, seconded by Ms. Hopkins, to approve the minutes. Mr. Draine, Ms. Edwards, Dr. Gambardella, Ms. Hopkins, Ms. Ingram, Mr. Mangler, Ms. Richter, Dr. Vanderwall, Ms. Walker, and Dr. Zickafoose voted in favor. Ms. Cohee and Ms. Washabau abstained. The motion was carried.

The Board reviewed the minutes of the hearing held for William Fretz on February 21, 2007. Ms. Washabau made a motion, seconded by Dr. Zickafoose, to approve the minutes. Mr. Draine, Ms. Edwards, Dr. Gambardella, Ms. Hopkins, Ms. Ingram, Mr. Mangler, Ms. Richter, Dr. Vanderwall, Ms. Walker, and Dr. Zickafoose voted in favor. Ms. Cohee and Ms. Washabau abstained. The motion was carried.

ADOPTION OF THE AGENDA

Dr. Zickafoose made a motion, seconded by Ms. Cohee, to adopt the agenda as presented. The motion was unanimously carried.

ACTIVITIES REPORT

The report was reviewed without action.

UNFINISHED BUSINESS

Closed Complaints

11-66-06 David Mangler Contact Person 11-04-07 David Mangler Contact Person 11-05-07 David Mangler Contact Person

Dr. Vanderwall made a motion, seconded by Ms. Hopkins, to accept the closed complaints. Delaware Board of Nursing March 14, 2007 Page 5

Licensee Applicant Reviews – Shannon Butler – RN applicant with previous convictions, including Assault Third Degree and Possession of Drug Paraphernalia, seeks licensure. The latter is not on the list of offenses related to the practice of nursing listed in Section 15 of the Board’s Rules. Dr. Zickafoose made a motion, seconded by Ms. Hopkins, to propose to deny licensure because Assault Third Degree is listed in Section 15 with the applicant’s right to request a hearing. The motion was unanimously carried.

Practice Issues – AWSAM Training Course Pilot in Assisted Living – Tabled

COMMITTEE REPORTS

Joint Practice Committee - Ms. Boardman reported that the committee met on February 27, 2007 and reviewed four applicants, all of whom were approved for prescriptive authority. The names were forwarded to the Board of Medical Practice for final approval at their March 6, 2007 meeting.

PRESIDENT’S REPORT No Report

EXECUTIVE DIRECTOR’S REPORT Ms. Boardman referred to her written report.

NEW BUSINESS BEFORE THE BOARD

Licensee Applicant Reviews By Examination Audrey Brackett – LPN applicant with previous convictions in 1997 for theft by false pretense and issuing bad checks, seeks licensure. Dr. Zickafoose made a motion, seconded by Ms. Cohee, to propose to deny licensure with the applicant’s right to request a hearing. The applicant must provide information on those crimes that were listed as “disposition unattainable”. The motion was unanimously carried.

Walanda Brice – LPN applicant, who graduated in June 1993, asks for a waiver of Section 6.3.6 of the Board’s Rules and Regulations. Ms. Brice has completed the review course that the Board previously required. Dr. Zickafoose made a motion, seconded by Ms. Washabau, to approve the applicant to take NCLEX-PN, one time only. The motion was unanimously carried.

Fernando Calalin – RN applicant, who graduated in March 2003, asks for a waiver of Section 6.3.6 of the Board’s Rules and Regulations. Dr. Zickafoose made a motion, seconded by Ms. Ingram, to grant approval for the applicant to take NCLEX-RN. The motion was unanimously carried. Delaware board of Nursing March 14, 2007 Page 6

Billie Jo Hrupsa – RN applicant, who graduated in May 2004, asks for a waiver of Section 6.3.6 of the Board’s Rules and Regulations. Ms. Ingram made a motion, seconded by Ms. Cohee, to grant approval for the applicant to take NCLEX-RN upon completion of a review course. Ms. Cohee, Mr. Draine, Ms. Edwards, Ms. Hopkins, Ms. Ingram, Mr. Mangler Ms. Richter, Dr. Vanderwall, Ms. Walker, Ms. Washabau, and Dr. Zickafoose voted in favor. Dr. Gambardella abstained. The motion was carried.

Shamieka Mentore – LPN applicant, who graduated in June 2004, asks for a waiver of Section 6.3.6 of the Board’s Rules and Regulations. Ms. Washabau made a motion, seconded by Ms. Cohee, to grant approval for the applicant to take NCLEX-RN upon completion of a review course. The motion was unanimously carried.

By Endorsement Memuna Dash – PN applicant, who does not meet the practice requirement, seeks licensure. Dr. Zickafoose made a motion, seconded by Ms. Washabau, to require a supervised practice plan. The motion was unanimously carried.

By Reinstatement James Patterson - RN applicant with a reference from his most recent employer that recommends that he take a medication administration course, seeks licensure reinstatement. Ms. Boardman verified that both she and the applicant have asked the employer to elaborate on the recommendation without success. Tabled, pending receipt of a statement from the applicant detailing the medication errors that he made at the facility. Members will then evaluate whether a medication administration course be required prior to license approval.

Ratification of Assignments

11-13-07 Martha Hopkins Contact Person 11-14-07 Irene Washabau Contact Person 11-15-07 Wanda Cohee Contact Person 11-16-07 Irene Washabau Contact Person 11-17-07 Rebecca Walker Contact Person 11-18-07 Margaret Ingram Contact Person

Dr. Vanderwall made a motion, seconded by Ms. Washabau, to ratify the above assignments. The motion was unanimously carried. Delaware Board of Nursing March 14, 2007 Page 7

Hearings/Consent Agreements

David Saddler March 14, 2007 10:30 a.m. Patricia Gunter March 14, 2007 10:45 a.m. Jo Ellen Brenegan March 14, 2007 11:15 a.m. Marilyn West Consent Agreement Martha Hopkins Debra Wildman Consent Agreement Carolyn Hill Edwin Hertzler Consent Agreement Irene Washabau Kristina Crain April 18, 2007 1:00 p.m. Yoruba Lott Decision and Order Amanda Ferenc Decision and Order Hannah Draper Decision and Order Donna Hall Decision and Order Shawn Hines Decision and Order

Ms. Washabau made a motion, seconded by Dr. Zickafoose, to accept the consent agreement for Marilyn West. The motion was unanimously carried.

Dr. Vanderwall made a motion, seconded by Ms. Hopkins, to accept the consent agreement for Debra Wildman. The motion was unanimously carried.

Ms. Cohee made a motion, seconded by Ms. Hopkins, to accept the consent agreement for Edwin Hertzler. The motion was unanimously carried.

CLOSED COMPLAINTS

11-13-05 Pam Zickafoose Contact Person 11-46-05 Irene Washabau Contact Person 11-40-06 Wanda Cohee Contact Person 11-48-06 Wanda Cohee Contact Person 11-54-06 David Mangler Contact Person 11-01-07 David Mangler Contact Person 11-13-07 Martha Hopkins Contact Person

Ms. Hopkins made a motion, seconded by Dr. Zickafoose, to close the above complaints, with the exception of 11-13-05. The motion was unanimously carried. Mr. Mangler would like it noted that the pattern among the complaints he has been assigned is that family members are complaining that the licensee is rude.

REVIEW OF COMPLIANCE

George Ferguson- RN licensee who requests review of compliance of the terms and conditions required by the Board in his consent agreement and petitions for licensure without probation. Members reviewed the required information. Dr. Vanderwall made a motion, seconded by Ms. Hopkins, to issue licensure without Delaware Board of Nursing March 14, 2007 Page 8

probation. Ms. Cohee, Mr. Draine, Ms. Edwards, Dr. Gambardella, Ms. Hopkins, Ms. Ingram, Mr. Mangler Ms. Richter, Dr. Vanderwall, Ms. Walker, and Ms. Washabau voted in favor. Dr. Zickafoose abstained. The motion was carried.

PRACTICE WITHOUT LICENSURE ISSUES - Ms. Boardman reported that there had been three practice without licensure incidents and that letters were sent to the applicants and the employers.

PRACTICE ISSUES- None

EDUCATIONAL ISSUES Camtech School of Technology – Evening/Weekend Program –Tabled, pending receipt of additional information that provides schedule for faculty members assigned to both programs, calendar of courses with breakdown of didactic and clinical hours, and resumes for faculty members not identified in the initial application.

Delaware Institute of Technology – Change in Program Director – Elsie Hartigan has resigned and Dana Baker is the new program director. Resumes of additional faculty members were received without reference to their assignments. Members determined that a revised organizational chart, summary of faculty members with their specialty education/experience and assignments is needed as well as a general report of progress that includes the number of students enrolled, attrition rate, faculty credentials, curriculum design and use of clinical facilities. This must be received prior to the Board meeting to allow time to review all of the materials. Tabled, pending receipt of the additional information.

LICENSURE ISSUES- None

NATIONAL COUNCIL OF STATE BOARDS OF NURSING, INC. Mid-Year Meeting – April 2-4, 2007 – New Orleans, LA Dr. Gambardella, Dr. Zickafoose, Mr. Mangler and Ms. Boardman will attend.

LICENSEE APPROVAL

Ms. Washabau made a motion, seconded by Dr. Zickafoose, to approve the licensee list as presented. The motion was unanimously carried.

PUBLIC COMMENT Darryl Berryman is looking forward to the meeting at Delaware Technical & Community College, Owens Campus on April 18, 2007.

ADA and Healthy Heart seminars are upcoming. Delaware Board of Nursing March 14, 2007 Page 9

SCHEDULED MEETING – April 18, 2007 at 9:30 a.m. – Delaware Technical & Community College, Owens Campus – Arts & Sciences Building, Theater. Members were asked to notify Ms. Heinsch if they need transportation.

The Division of Professional Regulation will host the annual board member informational seminar on May 21, 2007 at the Embassy Suites in Newark, Delaware. All board members were encouraged to attend.

ADJOURNMENT

There being no further business, Ms. Ingram made a motion, seconded by Ms. Cohee, to adjourn the meeting. The motion was unanimously carried. The meeting adjourned at 10:34 a.m.

Respectfully submitted,

Debbie Heinsch Administrative Specialist II