PUBLIC MEETING MINUTES: Delaware Board of Nursing

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

MEETING DATE AND TIME: Wednesday, March 12, 2008 9:00 a.m.

PLACE: 861 Silver Lake Boulevard, Second Floor – Conference Room A Dover, DE 19904 MINUTES APPROVED: April 9, 2009

MEMBERS PRESENT Pam Zickafoose, President, RN Member Rebecca Walker, Vice-President, RN Member Wanda Cohee, LPN Member Robert Draine, Public Member Joyce Edwards, Public Member Carolyn Hill, RN Member Gwelliam Hines, RN Member Martha Hopkins, Public Member Margaret Ingram, LPN Member Barbara Peterson, RN Member Delphos Price, APN Member Bonnie Ullman, LPN Member James Van der Wall, Public Member Irene Washabau, LPN Member

DIVISION STAFF/DEPUTY ATTORNEY GENERAL PRESENT

David Mangler, Executive Director Allison Reardon, Deputy Attorney General Debbie Heinsch, Administrative Specialist II

MEMBERS ABSENT Evelyn Nicholson, Public Member

Delaware Board of Nursing Minutes March 12, 2008 Page 2

ALSO PRESENT

Joann Baker, Delaware Technical & Community College, Terry Campus Patrice Ballard, Beebe School of Nursing Nancy Bastholm, Beebe School of Nursing Darryl Berryman, Delaware Technical & Community College, Owens Campus Jaime Busby, Beebe School of Nursing Barbara Gadbois, Department of Justice Kaylynn Gland, Beebe School of Nursing Kathy Janvier, Delaware Technical & Community College, Stanton Campus Lori Kashner, Student, Wesley College Moonyeen Klopfenstein – Delaware Organization of Nurse Executives Victoria Lord, Beebe School of Nursing Nicole Lytle, Beebe School of Nursing Lisa Morrissey, Beebe School of Nursing Heather ODay, Beebe School of Nursing April Todd, Student, Wesley College

Dr. Zickafoose called the meeting to order at 9:04 a.m.

Ms. Hill made a motion, seconded by Dr. Van Der Wall to enter into executive session according to Delaware Code 29, Section 1004(b)(6) to review a medical record which is excluded as a public record according to Delaware Code Section 1002(g)(1). The motion was unanimously carried. The Board entered into executive session at 9:05 a.m. During executive session the Board reviewed and discussed the medical record in order to evaluate whether to reconsider the proposed consent order. The Board took no action in executive session. The executive session ended at 9:15 a.m.

REVIEW OF MINUTES

The Board reviewed the minutes of the meeting held on February 13, 2008. Dr. Zickafoose indicated that on page 8, the 4th line should read “involve” and not “involved”. Dr. Peterson made a motion, seconded by Ms. Ullman to approve the minutes as corrected. Ms. Cohee, Mr. Draine, Ms. Edwards, Ms. Hopkins, Ms. Ingram, Dr. Peterson, Mr. Price, Ms. Ullman, Dr. Van der Wall, and Dr. Zickafoose voted in favor. Ms. Hill, Ms. Hines, Ms. Walker, and Ms. Washabau abstained. The motion was carried. Dr. Peterson would like to commend Ms. Heinsch for a job well done.

The Board reviewed the minutes of the hearing for Barbara Kepner held on February 13, 2008. Ms. Ingram made a motion, seconded by Mr. Price to approve the minutes as presented. Ms. Cohee, Mr. Draine, Ms. Edwards, Ms. Hopkins, Ms. Ingram, Dr. Peterson, Mr. Price, Ms. Ullman, Dr. Van der Wall, and Dr. Zickafoose voted in favor. Ms. Hill, Ms. Hines, Ms. Walker, and Ms. Washabau abstained. The motion was carried.

The Board reviewed the minutes of the hearing for Wanda Whitman held on February 13, 2008. Ms. Cohee made a motion, seconded by Ms. Edwards to approve the minutes as presented. Ms. Cohee, Mr. Draine, Ms. Edwards, Ms. Hopkins, Ms. Ingram, Dr. Delaware Board of Nursing Minutes March 12, 2008 Page 3

Peterson, Mr. Price, Ms. Ullman, Dr. Van der Wall, and Dr. Zickafoose voted in favor. Ms. Hill, Ms. Hines, Ms. Walker, and Ms. Washabau abstained. The motion was carried.

The Board reviewed the minutes of the hearing for Jane Wydila held on February 13, 2008. Ms. Cohee made a motion, seconded by Ms. Hopkins to approve the minutes as presented. Ms. Cohee, Mr. Draine, Ms. Edwards, Ms. Hopkins, Ms. Ingram, Dr. Peterson, Mr. Price, Ms. Ullman, Dr. Van der Wall, and Dr. Zickafoose voted in favor. Ms. Hill, Ms. Hines, Ms. Walker, and Ms. Washabau abstained. The motion was carried.

The Board reviewed the minutes of the hearing for Cotina Butts held on February 13, 2008. Dr. Van der wall made a motion, seconded by Ms. Hopkins to approve the minutes as presented. Ms. Cohee, Mr. Draine, Ms. Edwards, Ms. Hopkins, Ms. Ingram, Dr. Peterson, Mr. Price, Ms. Ullman, Dr. Van der Wall, and Dr. Zickafoose voted in favor. Ms. Hill, Ms. Hines, Ms. Walker, and Ms. Washabau abstained. The motion was carried.

The Board reviewed the minutes of the hearing for Linda Hill held on February 13, 2008. Dr. Van der wall made a motion, seconded by Ms. Hopkins to approve the minutes as presented. Ms. Cohee, Mr. Draine, Ms. Edwards, Ms. Hopkins, Ms. Ingram, Dr. Peterson, Mr. Price, Ms. Ullman, Dr. Van der Wall, and Dr. Zickafoose voted in favor. Ms. Hill, Ms. Hines, Ms. Walker, and Ms. Washabau abstained. The motion was carried.

The Board reviewed the minutes of the hearing for Anita Tyndall held on February 13, 2008. Ms. Ingram made a motion, seconded by Ms. Hopkins to approve the minutes as presented. Ms. Cohee, Mr. Draine, Ms. Edwards, Ms. Hopkins, Ms. Ingram, Dr. Peterson, Mr. Price, Ms. Ullman, Dr. Van der Wall, and Dr. Zickafoose voted in favor. Ms. Hill, Ms. Hines, Ms. Walker, and Ms. Washabau abstained. The motion was carried.

The Board reviewed the minutes of the hearing for Daniel Burfeind held on February 13, 2008. Dr. Van der wall made a motion, seconded by Ms. Hopkins to approve the minutes as presented. Ms. Cohee, Mr. Draine, Ms. Edwards, Ms. Hopkins, Ms. Ingram, Dr. Peterson, Mr. Price, Ms. Ullman, Dr. Van der Wall, and Dr. Zickafoose voted in favor. Ms. Hill, Ms. Hines, Ms. Walker, and Ms. Washabau abstained. The motion was carried.

ADOPTION OF THE AGENDA

Ms. Cohee made a motion, seconded by Ms. Hines, to amend the agenda to include two additional consent agreements. The motion was unanimously carried.

ACTIVITIES REPORT

The report was reviewed without action. Mr. Mangler reported that approximately 400 LPN’s did not renew their license. This is a normal attrition rate as some have furthered their education and are now licensed as RN’s.

UNFINISHED BUSINESS

Final Denials (Proposed to Deny – No Hearing Requested) – Nancy Ford – The Board reviewed the original proposal to deny from the January 9, 2008 meeting. Mr. Price Delaware Board of Nursing Minutes March 12, 2008 Page 4 made a motion, seconded by Ms. Hill to deny the applicant’s request for licensure. The motion was unanimously carried.

COMMITTEE REPORTS

Joint Practice Committee - The committee met on February 26, 2008. Four of five applicants reviewed were approved; one was conditionally approved pending receipt of additional documents. Their names were forwarded to the Board of Medical Practice for final approval at their March 2008 meeting. PRESIDENT’S REPORT – Dr. Zickafoose reported that last week both she and Mr. Mangler attended the NCSBN Mid-Year Meeting in Chicago. The first day was a leadership session titled Crucial Conversations, discussing how to conduct conversations, especially when the stakes are high and emotions are close to the surface. The second day consisted of numerous business meetings regarding continued competence. Members are considering numerous mechanisms to evaluate competence. One mechanism discussed was re-testing of all nurses to verify that they continue to be competent. A model will be presented at the annual meeting for final approval. The third day topic was international regulation, which involved presentations from regulatory representatives of other countries. The annual meeting will be held in Nashville, Tennessee in August. Dr. Zickafoose also reported that NCSBN has an online e-learning website available. It was highly recommended that Board members view some of the content as part of their education as Board members. Dr. Zickafoose suggested Board members contact Mr. Mangler for access. Dr. Zickafoose would like to schedule a board retreat and look at strategic initiatives. Dr. Zickafoose and Mr. Mangler will secure an offsite retreat that would include more information for new Board members. She will be returning to Chicago on March 26, 2008 for a meeting on the nursing shortage.

EXECUTIVE DIRECTOR’S REPORT – Mr. Mangler reported that he met with the 23 Compact Administrators while in Chicago. The majority of the meeting was about alternative to discipline programs which is the equivalent to our voluntary treatment program in Delaware. Two key items were discussed relative to inconsistencies in the application of compact requirements. VTO contract language is being reviewed in Delaware as a result. He reported that last month at the board meeting approval was given permitting Board staff to issue licenses on “clean” applications; we have now issued licenses within as little as 8 days of receipt of the applications. Occasionally applicants are requesting refunds for temporary permits that are not issued before their license is processed. The Division is discussing how refunds are managed. Mr. Price would like to compliment the board on doing this. Mr. Mangler reported that the Division of Professional Regulation is pilot testing an online application status tracking tool with nursing licensure applicants.

Delaware Board of Nursing Minutes March 12, 2008 Page 5

NEW BUSINESS BEFORE THE BOARD

Licensee Applicant Reviews

By Examination

Marilyn Chea- LPN applicant, who graduated in September 2007, asks for a waiver of Section 6.1.5 of the Board’s Rules and Regulations. Ms. Cohee made a motion, seconded by Ms. Washabau to approve the applicant to take NCLEX-LPN. The motion was unanimously carried.

Nicole Malatesta- LPN applicant, who graduated in September 2007, asks for a waiver of Section 6.1.5 of the Board’s Rules and Regulations. Ms. Cohee made a motion, seconded by Ms. Ullman to approve the applicant to take NCLEX-LPN. Ms. Cohee, Mr. Draine, Ms. Edwards, Ms. Hill, Ms. Hines, Ms. Hopkins, Ms. Ingram, Dr. Peterson, Mr. Price, Ms. Ullman, Dr. Van der Wall, Ms. Walker, and Ms. Washabau voted in favor. Dr. Zickafoose abstained. The motion was carried.

Nwadinwa Wogu- LPN applicant, who graduated in September 2007, asks for a waiver of Section 6.1.5 of the Board’s Rules and Regulations. Ms. Washabau made a motion, seconded by Ms. Hopkins to approve the applicant to take NCLEX-LPN. The motion was unanimously carried.

Brent Gehman – RN applicant, who graduated in December 2004, asks for a waiver of Section 6.3.6 of the Board’s Rules and Regulations. Applicant has had three unsuccessful attempts with the NCLEX-RN. Ms. Washabau made a motion, seconded by Ms. Edwards to approve the applicant to take NCLEX-RN. Ms. Cohee, Mr. Draine, Ms. Edwards, Ms. Hill, Ms. Hines, Ms. Hopkins, Ms. Ingram, Ms. Ullman, Dr. Van der Wall, Ms. Walker, Ms. Washabau, and Dr. Zickafoose voted in favor. Dr. Peterson voted against and Mr. Price abstained. The motion was carried.

By Endorsement

Paula Lowe – RN applicant that is unable to provide a copy of a current license in another jurisdiction for licensure, which is a requirement under the Statute, seeks licensure approval. Ms. Lowe has completed a refresher course to satisfy the practice requirement. However her primary state of residence was Maine, which is a compact state. Therefore, she would be required to move back to Maine for the sole purpose of reactivating that license. Dr. Peterson made a motion, seconded by Ms. Hopkins to propose to deny licensure with the right of the applicant to request a hearing. In the letter to the applicant the Board would like clarification on what license she practiced at the Medical Center, or did she practice without licensure. The motion was unanimously carried. Delaware Board of Nursing Minutes March 12, 2008 Page 6 By Reinstatement

Suzanne Dyal – RN applicant, with previous conviction in January 1977 for theft, seeks reinstatement of license. Mr. Price made a motion, seconded by Ms. Edwards, to propose to deny licensure with the right of the applicant to request a hearing. Ms. Cohee, Mr. Draine, Ms. Edwards, Ms. Hill, Ms. Hines, Ms. Hopkins, Ms. Ingram, Dr. Peterson, Mr. Price, Ms. Ullman, Dr. Van der Wall, Ms. Washabau, and Dr. Zickafoose voted in favor. Ms. Walker abstained. The motion was carried.

Kathleen Baker – RN applicant, with previous conviction of obtaining controlled substances by misrepresentation, seeks reinstatement of license. Mr. Price made a motion, seconded by Ms. Washabau to propose to deny licensure with the right of the applicant to request a hearing. The motion was unanimously carried. Advanced Practice Nurses Renewals

Kimberly Apostolico – LPN applicant is requesting her renewal application be withdrawn. Ms. Cohee made a motion, seconded by Ms. Washabau to approve withdrawal of her application. The motion was unanimously carried.

Ratification of Assignments

11-11-08 Joyce Edwards Contact Person 11-12-08 Joyce Edwards Contact Person 11-13-08 Bonnie Ullman Contact Person 11-14-08 Barbara Peterson Contact Person

Ms. Washabau made a motion, seconded by Mr. Price to approve the above assignments. The motion was unanimously carried.

Hearings/Consent Agreements

Samantha West Consent Agreement Tena Marie Chaivre Consent Agreement Cheryl Robinson Consent Agreement Danielle Hunter Consent Agreement Terry Warfield Consent Agreement Pamela Perkins Hearing 12:30 p.m. Brookie Chance Hearing 1:15 p.m. Linda Collier Hearing 1:30 p.m. Charlotte Harris Hearing 1:45 p.m. Angeleik Ward Hearing 2:00 p.m. Delaware Board of Nursing Minutes March 12, 2008 Page 7

Kimberly Jamison Hearing 2:15 p.m. Leann Phelps Hearing 2:30 p.m. Bonnie Adkins Hearing 2:45 p.m. Kathleen Lopez Hearing 3/19/08 Continued Sonja Ament Hearing 3/19/08 Continued Mary Jane Koronik Casper Consent Agreement

Mr. Price made a motion, seconded by Dr. Peterson to propose to deny the consent agreement for Samantha West. Mr. Price, Dr. Peterson, and Ms. Hines voted in favor. The others opposed. The motion was not carried.

Ms. Walker made a motion, seconded by Ms. Ingram to approve the consent agreement for Samantha West. Ms. Cohee, Mr. Draine, Ms. Edwards, Ms. Hill, Ms. Ingram, Ms. Ullman, Dr. Van der Wall, Ms. Walker, Ms. Washabau, and Dr. Zickafoose voted in favor. Ms. Hines, Dr. Peterson, and Mr. Price opposed. Ms. Hopkins abstained. The motion was carried.

Dr. Van der wall made a motion, seconded by Ms. Walker to approve the consent agreement for Tina Marie Chaivre. Mr. Draine, Ms. Edwards, Ms. Hill, Ms. Hopkins, Ms. Ingram, Mr. Price, Ms. Ullman, Dr. Van der Wall, Ms. Walker, Ms. Washabau, and Dr. Zickafoose voted in favor. Ms. Hines and Dr. Peterson opposed. Ms. Cohee abstained. The motion was carried.

Ms. Walker made a motion, seconded by Ms. Cohee to approve the consent agreement for Cheryl Robinson. Ms. Cohee, Mr. Draine, Ms. Edwards, Ms. Hill, Ms. Hines, Ms. Ingram, Dr. Peterson, Mr. Price, Ms. Ullman, Dr. Van der Wall, Ms. Walker, Ms. Washabau, and Dr. Zickafoose voted in favor. Ms. Hopkins abstained. The motion was carried.

Ms. Washabau made a motion, seconded by Ms. Hines to approve the consent agreement for Danielle Hunter. Ms. Cohee, Mr. Draine, Ms. Edwards, Ms. Hines, Ms. Hopkins, Ms. Ingram, Dr. Peterson, Mr. Price, Ms. Ullman, Dr. Van der Wall, Ms. Walker, Ms. Washabau, and Dr. Zickafoose voted in favor. Ms. Hill abstained. The motion was carried.

Ms. Cohee made a motion, seconded by Ms. Ingram to approve the consent agreement for Terry Warfield. Ms. Cohee, Mr. Draine, Ms. Edwards, Ms. Hill, Ms. Hines, Ms. Hopkins, Ms. Ingram, Dr. Peterson, Mr. Price, Ms. Ullman, Dr. Van der Wall, Ms. Walker, and Dr. Zickafoose voted in favor. Ms. Washabau abstained. The motion was carried.

Dr. Van der wall made a motion, seconded by Ms. Walker to approve the consent agreement for Sandra Edwards. Mr. Draine, Ms. Edwards, Ms. Hill, Ms. Hopkins, Ms. Ingram, Mr. Price, Ms. Ullman, Dr. Van der Wall, Ms. Walker, Ms. Washabau and Dr. Zickafoose voted in favor. Ms. Cohee, Ms. Hines, and Dr. Peterson abstained. The motion was carried. Delaware Board of Nursing Minutes March 12, 2008 Page 8

Ms. Washabau made a motion, seconded by Ms. Ullman to accept the consent agreement for Mary Jane Casper. Mr. Draine, Ms. Edwards, Ms. Hill, Ms. Hines, Ms. Hopkins, Ms. Ingram, Dr. Peterson, Mr. Price, Ms. Ullman, Dr. Van der Wall, Ms. Walker, Ms. Washabau, and Dr. Zickafoose voted in favor. Ms. Cohee abstained. The motion was carried.

Closed Complaints 11-100-07 Gwelliam Hines Contact Person

REVIEW OF COMPLIANCE – None

PRACTICE WITHOUT LICENSURE ISSUES – Mr. Mangler reported that there had been two practice without licensure incidents and that letters were sent to the applicants and the employers. It was noted that one of the instances were greater than 60 days, requiring a complaint to be filed.

EDUCATIONAL ISSUES

Delaware Technical & Community College, Owens Campus – Clinical Site Addition– Dr. Van der wall made a motion, seconded by Mr. Price, that the application for Delaware Veterans Home be approved as a clinical site. The motion was unanimously carried.

Success School of Practical Nursing, Inc. – Letter of Intent – Presented to the Board as information. There is no application from this proposed school.

Patricia Truitt, LPN Refresher Course – The course was reviewed and approved last month for a one time situation. Mr. Mangler reviewed the application received and created a checklist of the course. The items not apparently addressed in the materials or not meeting course requirement criteria include, Course Director with an RN license in Delaware with a minimum of a baccalaureate degree in nursing, faculty list and qualifications. There seems to be a need for additional LPN refresher course resources. The faculty credentials and the need for the Course Director to obtain licensure in Delaware needs to be addressed. Ms. Walker made a motion, seconded by Ms. Washabau to request additional information and communicate the need for Delaware licensure of the Director. The motion was unanimously carried. The checklist was wonderful, thank you Mr. Mangler!

Delaware Technical & Community College – Terry Campus – Action Plan – Dr. Van der wall made a motion, seconded by Ms. Edwards to approve the action plan presented. Ms. Cohee, Mr. Draine, Ms. Edwards, Ms. Hill, Ms. Hines, Ms. Hopkins, Ms. Ingram, Dr. Peterson, Mr. Price, Ms. Ullman, Dr. Van der Wall, Ms. Walker, and Ms. Washabau voted in favor. Dr. Zickafoose abstained. The motion was carried.

LICENSEE APPROVAL

Mr. Price made a motion, seconded by Ms. Hines to ratify the list as presented. The motion was unanimously carried. Delaware Board of Nursing Minutes March 12, 2008 Page 9

PUBLIC COMMENT-

The audience made introductions.

Student at Wesley – regarding proprietary programs – are any of those credits being transferred into a current RN program? Response - Because these are new schools they have not been accredited yet. Mr. Mangler suggests to individuals inquiring about being able to transfer credits that they check with schools to determine requirements for transfer credits in. Joanne Baker – If the programs don’t have college courses attached to them they would have to fulfill them at DTCC Terry Campus Darryle Berryman – this would include additional courses

Wesley student – this is very interesting and a lot of work for you.

Darryl Berryman would like to clarify that they have had several students being referred by the BON to take a NCLEX review course there. DTCC-Owens offers a refresher course vs a review course. The campus is looking forward to hosting the board next month. Mr. Mangler reported that individuals inquiring about what is offered at DTCC-Owens are advised that the refresher course is there and not the review course

Beebe School of Nursing Representative - the checklist is going to be very helpful. Mr. Mangler– it is the application that stimulates the availability of the online status tool.

Nancy Bastain- Beebe School of nursing – can only the applicant access that information? Response – yes, access is for the applicant.

Obembwa – Would like to renew his license and wants to explain the situation – Allison – the board has not had an opportunity to review the application and will most likely be on the agenda next month. The board can not hear from him outside the hearing process.

Dr. Zickafoose thanked everyone for attending.

Ms. Hill – If the meeting is at the Owens campus, are the hearings being held in Dover in the afternoon? Response – Hearings will be conducted at the Division of Professional Regulation location in Dover.

Student - How are you put on the Board of Nursing? Response – the Governor appoints members, the form is available on the website Delaware Board of Nursing Minutes March 12, 2008 Page 10

Transportation for Board members will be provided from Dover to Georgetown. If anyone else is interested contact D. Heinsch as soon as possible.

SCHEDULED MEETING – The next meeting will be held on April 9, 2008 at 9:30 a.m., Delaware Technical & Community College – Owens Campus, Georgetown, Delaware

ADJOURNMENT

There being no further business, Mr. Draine made a motion, seconded by Ms. Edwards, to adjourn the meeting. The motion was unanimously carried. The meeting adjourned at 10:47 a.m.

Respectfully submitted,

Debbie Heinsch Administrative Specialist II