Ok St Bd of Examiners for Long Term Care Adms., 2-25-09

OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS., 2-25-09

MINUTES

The Regular Meeting of the Oklahoma State Board of Examiners for Long Term Care Administrators (OSBELTCA) was held February 25, 2009, in the Activity Center at the Shepherd Mall Office Complex, 2401 NW 23rd, Ste 40B, Oklahoma City, Oklahoma with Dr. Tom O’Connor, Chair, presiding.

MEMBERS PRESENT

Dr. J. T. (Tom) O’Connor, Jr., Chair, Marietta Ms. Peggy Wiebener, Vice-Chair, Thomas Ms. Jeannie Gault, Sec-Treasurer, Lawton Mr. Marc Edwards, OK City Mr. Jim Jakubovitz, Tulsa Dr. Maurice Payne, Checotah Mr. Bill Weaver, OK City Ms. Nancy Pfeifer, Tulsa Mr. Terry Williams, OK City Ms. Stella Church, OK City Ms. Nancy Atkinson, OK City

MEMBERS ABSENT

Ms. Emma Jordan, Alva

OTHERS PRESENT

Dr. Roger Lanier, Executive Director Mr. Phil Forslund, Deputy Director Ms. Brinda White, Assistant Attorney General Mr. Richard Mildren, Prosecuting Attorney Ms. Pam Duren, Secretary Ms. Mary Brinkley Ms. Esther Houser Mr. Chris Kmet Mr. Roy Bentley Ms. Gloria Ogle Ms. Dianne Elaine Bennett Mr. & Mrs. Erik Stumpff Ms. Ricki Jo Agent Ms. Linda Brannon Ms. Terry Nicely Ms. Bonnie Perkins Ms. Lisa Calvin Ms. Pam Humphreys Mr. Ed Hendrix

1 OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS., 2-25-09

Ms. Tami Lindsey Ms. Mia Smith Ms. Whitney Montgomery Mr. Tom Leatherman Ms. Phyllis Carson Ms. Cheri Hare Ms. Brenda Bartel Ms. Barbie Harter Ms. Connie Miller Mr. David Stedman Ms. Stacie Cloud Mr. Danny Nevitt Mr. Steve Cox

Dr. Tom O’Connor, Chair, called the meeting to order at 9:00 a.m.

Dr. O’Connor requested that Ms. Pam Duren, Secretary, call roll for recording of members present and absent. Present were Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. There was a quorum.

Dr. O’Connor, on behalf of the Board, offered Mr. Ed Hendrix sincere condolences for the loss of his wife.

Dr. O’Connor stated, for those of you not on the Board, that one of our Board members had passed away. Ms. Terry Clark may have left us an empty seat but not an empty heart. She did an exemplary job working with our Board and helping us with the business that we do. This is something we all need to think about - her consistent clearness of thought, the kindness that she showed and the respect she gave all of us and all of you. These are things that we can take away and hold from now on. I hope that we can all, in our own way, take a moment of silence here and thank Terry for the gifts she gave us. Moment of silence.

Terry is one of those irreplaceable people in life, not just on our Board and it was such a privilege to have known her.

Dr. O’Connor asked if every one had reviewed the minutes and that we needed a motion to approve them.

Motion was made by Mr. Bill Weaver, seconded by Mr. Terry Williams, that the minutes be approved as submitted. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer.

Dr. Tom O’Connor welcomed everyone to the meeting and asked all guests to introduce themselves to the Board members.

Mr. Jim Jakubovitz, Chair of the Education Committee, turned the review, discussion and possible action over to Dr. Roger Lanier, Executive Director regarding the new potential licensees.

Dr. Lanier reported that Ms. Ricki Jo Agent met the requirements for original licensure as an Oklahoma Long Term Care Administrator. Details related to her criminal background check were reviewed.

Motion was made by Mr. Bill Weaver, seconded by Mr. Jim Jakubovitz, to approve Ms. Ricki Jo Agent as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – Ms. Nancy Atkinson.

Dr. Lanier reported that Ms. Dianne Elaine Bennett met the requirements for original licensure as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Bill Weaver, seconded by Mr. Jim Jakubovitz, to approve Ms. Dianne Elaine Bennett as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.

Dr. Lanier reported that Ms. Lisa Calvin met the requirements for original licensure as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Bill Weaver, seconded by Mr. Terry Williams, to approve Ms. Lisa Calvin as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.

Dr. Lanier reported that Ms. Debra Kirk met the requirements for original licensure as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Bill Weaver, seconded by Mr. Jim Jakubovitz, to approve Ms. Debra Kirk as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Marc Edwards,

Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None. Dr. Lanier reported that Mr. Tom Leatherman met the requirements for original licensure as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Bill Weaver, seconded by Mr. Terry Williams, to approve Mr. Tom Leatherman as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – Ms. Nancy Atkinson.

Dr. Lanier reported that Ms. Tami Lindsey met the requirements for original licensure as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Bill Weaver, seconded by Mr. Terry Williams, to approve Ms. Tami Lindsey as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.

Dr. Lanier reported that Ms. Connie Miller met the requirements for original licensure as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Bill Weaver, seconded by Mr. Jim Jakubovitz, to approve Ms. Connie Miller as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.

Dr. Lanier reported that Ms. Whitney Montgomery met the requirements for original licensure as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Bill Weaver, seconded by Mr. Terry Williams, to approve Ms. Whitney Montgomery as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.

Dr. Lanier reported that Mr. Joshua Wood met the requirements for original licensure as an Oklahoma Long Term Care Administrator.

Motion was made by Mr. Bill Weaver, seconded by Mr. Jim Jakubovitz, to approve Mr. Joshua Wood as an Oklahoma Long Term Care Administrator. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.

Dr. Lanier led the review, discussion and possible action on the Provisional License requests.

Dr. Lanier reported that the Provisional License request of Ms. Jennifer Braun had been withdrawn.

Dr. Lanier reported that Ms. Elizabeth Hampton met the requirements for a Provisional License.

Motion was made by Mr. Bill Weaver, seconded by Ms. Nancy Pfeifer, to approve Ms. Elizabeth Hampton’s request of a Provisional License for Thomas Nursing Center, Thomas, Oklahoma for a period of six months effective February 25, 2009 and ending August 26, 2009. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – Ms. Peggy Wiebener.

Dr. Lanier reported that Ms. Gloria Ogle met the requirements for a Provisional License.

Motion was made by Mr. Bill Weaver, seconded by Ms. Jeannie Gault, to approve Ms. Gloria Ogle’s request of a Provisional License for Creek Place, Seminole Place, Third Place, Alcis Place, Beverly Place and Country Place for a period of six months effective February 25, 2009 and ending August 26, 2009. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.

Dr. Lanier led the discussion, review and possible action regarding the requests of the Assistant Administrator, Unlicensed.

Dr. Lanier reported that Ms. Brenda Bartel met the requirements for an Assistant Administrator, Unlicensed.

Motion was made by Mr. Bill Weaver, seconded by Mr. Terry Williams, to approve Ms. Brenda Bartel as an Assistant Administrator, Unlicensed. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Marc Edwards,

Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.

Dr. Lanier reported that Ms. Terry Nicely met the requirements for an Assistant Administrator, Unlicensed.

Motion was made by Mr. Bill Weaver, seconded by Mr. Jim Jakubovitz, to approve Ms. Terry Nicely as an Assistant Administrator, Unlicensed. Motion carried with voting as follows: Affirmative – Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – Ms. Nancy Atkinson.

Mr. Jim Jakubovitz, Chair of the Education Committee, led the review, discussion and possible action regarding the requests of the continuing education programs for Long Term Care Administrators:

OSBELTCA-Preceptor Training January 19, 2009 Shepherd Mall Office Complex, Ste 40B OK City, OK Requesting 6 hrs of CE

Motion was made by Mr. Bill Weaver, seconded by Mr. Terry Williams, to approve the aforementioned program for 6 hours of continuing education for Long Term Care Administrators. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.

OSDHS, DDSD- Gov’s Conference for 2009 March 2-3, 2009 Renaissance Hotel & Conv Center Tulsa, OK Requesting total of 11 hrs of CE (6 hrs - lst day, 5 hrs – 2nd day)

Motion was made by Mr. Bill Weaver, seconded by Mr. Terry Williams, to approve the aforementioned program for 11 hours of continuing education for Long Term Care Administrators. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.

OK ST Dept of Health MDS Automation & Quality Indicator/Quality Measure Workshop April 30, 2009 Shawnee, OK

Requesting 6 hrs of CE

Motion was made by Mr. Bill Weaver, seconded by Mr. Terry Williams, to approve the aforementioned program for 6 hours of continuing education for Long Term Care Administrators. Motion carried with voting as follows: Affirmative – Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – Ms. Nancy Atkinson.

Sojourn Care Understanding & Implementing Medicare’s New Rules: Developing Quality Relationships Between Nursing Facilities & Hospice March 24, 2009 & repeated on March 25, 2009 (Adms may attend only one 2 hr session) Sojourn Care Office, Tulsa, OK Requesting 2 hrs of CE

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Terry Williams, to table the aforementioned program for additional sponsorship information that could possibly be received this afternoon. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – Mr. Bill Weaver. Abstaining – None.

Dr. O’Connor led the discussion regarding the request from Ms. Pam Humphreys of the waiver of her AIT program and State Standards Examination. It was decided that the Board would discuss the request in two parts – one being the waiver of the AIT program and the other being the waiver of the State Standards examination. After discussion regarding the waiver of the AIT program, Mr. Bill Weaver made the following motion.

Motion was made by Mr. Bill Weaver seconded by Ms. Jeannie Gault to approve the wavier request of her AIT program since she had previously completed an AIT program. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – Ms. Peggy Wiebener.

Ms. Pam Humphreys informed the Board that she had taken and passed the State Standards examination in 2001. After discussion, the Board members decided that the rules did not allow for a waiver of the State Standards examination. Ms. Humphreys would be required to take the State Standards examination again prior to original licensure as a Long Term Care Administrator.

Mr. Jim Jakubovitz led the discussion and possible action regarding the administrators who failed to renew by December 31, 2008. These administrators had to

7 OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS., 2-25-09 verify that they had twenty-four hours of continuing education for Calendar Year 2008. It was decided that the administrators would pay the renewal fee of $200.00 and a late fee of $100 and then they could renew their Long Term Care Administrator’s license.

Mr. Jakubovitz informed the Board that the following administrators were requesting active status of their Long Term Care Administrator’s license:

Steve Cox Don Greiner Cheri Hare Barbie Harter Chris Kmet Danny Nevitt Mia Smith Erik Stumpff

Motion was made by Mr. Jim Jakubovitz, seconded by Mr. Bill Weaver, to approve the request of the aforementioned administrators to renew their Long Term Care Administrator’s license for CY 2009. Each administrator had to verify their continuing education for CY 2008 and will be required to pay the $100.00 late fee. Motion carried with voting as follows: Affirmative - Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.

Mr. Jakubovitz informed the Board that Mr. Joe Kip Cummins has requested renewal of his Inactive Status license because he did not renew timely by December 31, 2008.

Motion was made by Mr. Bill Weaver, seconded by Mr. Jim Jakubovitz, to approve the request of Mr. Joe Kip Cummins to renew his Inactive State license for CY 2009. Mr. Cummins had to verify his continuing education for CY 2008 and will be required to pay the $100.00 late fee. Motion carried with voting as follows: Affirmative - Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – Ms. Jeannie Gault.

Dr. Tom O’Connor led the discussion and possible action regarding the Active administrators listed below who did not renew their Long Term Care Administrator’s license for CY 2009: ACTIVE ARMSTRONG, DIANA BETHELL, ROBERT CHAPMAN, SHEILA CLAPP, WILMA COFFMAN, CLEETA CRAIGHEAD, ODALEE

CRAWFORD, BETTY DODSON, JENNIFER EDMUNDS, BARBARA FULLER, SUE FUNDARO, LEO GARY, GENEVIEVE GOODWIN, BRENT GRAHAM, ANDREW HOOVER, DIANNA JEFFERS, BETTYE RUTH KACKMEISTER, RICHARD LACLAIR, DANIELLE LASYONE, CYNTHIA LEE, KATHRYN LEGRANT, PATRICIA MARTENS, ADAM MCBRIDE, SCOTT MCDANIEL, PAMELA MCMURRIAN, JENNIFER MERRIFIELD, VERNON MITCHELL, OLETA MOORE, BARBARA NACHIMSON, YVONNE O’CONNOR, ROBERT PEYOK, DAVID POPLIN, SHANNIN ROBINSON, CHARLENE SEATON, ILA SHAWN, WILLIAM STILWELL, JANE TOMPKINS, TOM WEBB, DWAIN WEBB, APRIL WEEKS, ROBERT WEST, RENITA WHITLEY, BRENDA

Motion was made by Mr. Bill Weaver, seconded by Ms. Jeannie Gault that the licenses of the aforementioned list of Active administrators are vacated and these administrators are no longer licensed in Oklahoma. Motion carried with voting as follows: Affirmative - Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.

Dr. Tom O’Connor led the discussion and possible action regarding the administrators listed below who did not renew their Inactive license for CY 2009:

INACTIVE BAIRD, TONY

BROOKS, SUSAN EVERS, SUSAN GAYNOR, HEATHER MANOUS, WANDA MEASON, LACEY MILLSPAUGH, LINDA PICKERT, TIMOTHY RHODES, GRANT STUMPFF, STEFANIE TRENT, VICKIE WILLIAMSON, HUGH

Motion was made by Mr. Bill Weaver, seconded by Ms. Nancy Pfeifer, that the aforementioned list of Inactive administrators have vacated their Long Term Care Administrator’s license and are no longer Inactive administrators in Oklahoma. Motion carried with voting as follows: Affirmative - Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.

Dr. Tom O’Connor led the discussion and possible action regarding the Certification/Re-Certification of Preceptors who attended the December 1, 2008 Preceptor Training.

Dr. Lanier explained that the list was broken into two sections which were initial certification and re-certification. Also, the ones with an * were currently administrator of record and the ones with the # had been administrator of record but was not at the present time. Dr. Lanier informed the Board that the administrator of record changed on a daily basis and that this list was current at the time it was developed but could possibly not be current today. He explained that the AIT setup takes a lot of interaction and if a Preceptor was not administrator of record they would not take on an AIT. Discussion followed.

Initial Preceptor Certification:

*Jeannie Gault *Dee Henderson

Preceptor Re-Certification:

*Deborah Ary *Linda Foster *Floyd Autin *Marla Heckman *Joanna Birkenholtz #H. E. (Ed) Hendrix #Scott Brasier *Arrahwanna Leak *Michelle Brown #Marty Machtolff *Danny Eischen *Genia Manion #Sharon Ewing *Michael Miller

*Janis Raab *Mitchell Townsend #Edward Rucker #Bonnie Wells #Wendell Short #Tina Williams *Tess Spears *Angela York *Karen Stanhope

*Currently Administrator of Record #Has been Administrator of Record but not at present time

Motion was made by Dr. Tom O’Connor, seconded by Mr. Jim Jakubovitz, to certify the aforementioned individuals as meeting the requirements of preceptors for the Administrator-In-Training (AIT) training, subject to the rules governing preceptor function at the time they assume their duties. Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener and Ms. Nancy Pfeifer. Negative – Mr. Bill Weaver. Abstaining – Ms. Jeannie Gault.

Dr. Maurice Payne was present at the Board meeting but not present at the time of the motion.

Dr. Tom O’Connor led the discussion and possible action regarding the Certification/Re-Certification of Preceptors who attended the January 19, 2009 Preceptor Training.

Initial Preceptor Certification:

*Peggy Assenzio *Francis Doreen Kelley *David Carey #Angel Loyd *Phyllis Carson *Sheryl McComas *Stacie Cloud #Regeana McCracken *Robert Cree *Terri Rowe *Robert Flocks *Judy Rush *Marsha Huddleston *Linda Smith *Jonnita Johnson *Joanna Talley *Amy Jordan *Mollie Wooldridge *Vicki Keeney

Preceptor Re-Certification:

*Linda Brannon *Glenda Kouba *Mildred Gail Chapa *Julie Kuiper *Jodi Coatney #Keith Long *Mark Erwin *Debbie Sanders *Delbert Gilman *Beverly Schmidt #William Griffin

*Currently Administrator of Record #Has been Administrator of Record but not at present time

Motion was made by Mr. Jim Jakubovitz, seconded by Ms. Nancy Atkinson, to certify the aforementioned individuals as meeting the requirements of preceptors for the Administrator-In-Training (AIT) training, subject to the rules governing preceptor function at the time they assume their duties. Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – Mr. Bill Weaver. Abstaining – None.

Dr. Lanier led the review, discussion and possible action on the consideration of a 60 day extension on the following cases involving Oklahoma Long Term Care Administrators: Case #08-42 (D) Case #08-52 (P) Case #08-54 (P) Case #08-60 (D)

Motion was made by Dr. Maurice Payne, seconded by Ms. Nancy Pfeifer, to approve the consideration of a 60 day extension on the aforementioned cases. Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.

Mr. Phil Forslund led the review, discussion and possible action regarding the revision of the Administrator-In-Training (AIT) program. Mr. Forslund informed the Board that staff was in the process of updating the AIT forms and there was thought as to making them available on the website. The forms could possibly be ready to present to the Board by the April 22, 2009 Board meeting.

Dr. Tom O’Connor led the review, discussion and possible action regarding Senate Bill 479 authored by Senator Lamb.

Dr. Lanier informed the Board that the bill, as it relates to administrators, would basically eliminate the Board licensing ICF/MR administrators. At this time, the Board has taken no position on the Bill. The Board was informed by Esther Houser, State Ombudsman, that the bill was now being authored by Senator Crain from Tulsa. It was decided that the Board opposed this bill as it is presently written. There was much discussion relating to the content of the letter which needs to go the senators and representatives informing them of the Board’s opposition to this bill. It was decided that Dr. Lanier would go to the capitol and distribute the letter to the other senators and representatives and request a meeting to discuss the bill with Senator Crain.

Motion was made by Mr. Bill Weaver, seconded by Mr. Terry Williams, that the letter state that the Board opposed this legislation as it is presently written. Motion carried with voting as follows: Affirmative – Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener and Ms. Nancy Pfeifer. Negative – Ms. Nancy Atkinson, Ms. Stella Church and Dr. Maurice Payne. Abstaining – None.

Motion was made by Dr. Maurice Payne, seconded by Ms. Nancy Atkinson, that the letter state that the Board opposed the bill as written but also offer the suggestion that a system of oversight be developed for the ICF/MR leadership. Motion failed with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Dr. Tom O’Connor, Mr. Marc Edwards and Dr. Maurice Payne. Negative – Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Mr. Terry Williams, Ms. Peggy Wiebener and Ms. Nancy Pfeifer. Abstaining – None.

Dr. O’Connor informed the Board that the letter would be distributed at the Capital and encouraged all the Board members to contact their senators and representatives informing them of the Board’s opposition to this bill as it is presently written.

Dr. Lanier led the review, discussion and possible action regarding the Directors and Officers Insurance deductible change. This is the first time ever that a deductible option has been offered and after surveying the Executive Committee it was agreed that the change of deductible from $150,000 to $25,000 was in order.

Motion was made by Dr. Maurice Payne, seconded by Mr. Bill Weaver, to endorse the aforementioned deductible change from $150,000 to $25,000. Motion carried with voting as follows: Affirmative – Ms. Nancy Atkinson, Ms. Stella Church, Mr. Jim Jakubovitz, Mr. Bill Weaver, Ms. Jeannie Gault, Dr. Tom O’Connor, Mr. Marc Edwards, Mr. Terry Williams, Ms. Peggy Wiebener, Dr. Maurice Payne and Ms. Nancy Pfeifer. Negative – None. Abstaining – None.

Agenda Item #14 was withdrawn from the agenda. It could possibly be an agenda Item for the March 25, 2009 Board meeting.

Mr. Marc Edwards led the review, discussion and possible action regarding the update on the complaint flowchart.

Dr. O’Connor distributed a complaint flowchart that he had developed for the Board’s review. He asked that each member review the chart for any editing.

Mr. Edwards informed the Board that enclosed in their packets was a letter from Mr. Richard Mildren, the Board’s prosecuting attorney, explaining the term “probable cause” and that this definition is the one the Board will be using to determine probable cause.

There is no report regarding the Priority Review Committee.

Mr. Marc Edwards led the review, discussion and possible action regarding the Probable Cause Committee. Mr. Edwards informed the Board that the committee found probable cause to move forward with complaints on Case 05-32, Case 08-50, Case 07-48, Case 07-66, Case 07-67 and Case 08-63. It was decided to table Case 07-37, Cases 07- 44, 07-62, 07-72, 08-02, 08-03, Case 07-63 and Case 07-64 until the committee could prepare written reports stating why they thought there was no probable cause. This will be on the March 25, 2009 agenda.

There was much discussion among the Board members and comments were received from Esther Houser, State Ombudsman, regarding the number of Board vacancies, the length of time that positions on the Board have been vacant and the resultant impact this has had or may have on the Board when taken in context with the Statutory change that took effect on November 1, 2008.. These vacancies have already caused problems related to the Board’s ability to achieve the quorum necessary to conduct the general business of the Board. Concern was also expressed about the Board’s ability to file complaints or hold hearings under the provisions of the revised Statutes because these actions are tied directly to the Board’s ability to meet the quorum requirements. Dr. O’Connor asked that each Board member submit one name this week to the Governor so that these vacancies may become filled as quickly as possible. If vacancies were filled promptly, there was discussion of a possible Special Meeting to get new members orientated and to jump start Board business. Discussion followed.

There was a break for lunch at 12:30 p.m.

Ms. Nancy Pfeifer, Mr. Jim Jakubovitz and Mr. Marc Edwards left the meeting at 1:05 p.m.

Dr. Tom O’Connor informed the Board that additional information regarding Sojourn Care, Inc. had been received and we could now vote on the following continuing education program:

Sojourn Care Understanding & Implementing Medicare’s New Rules: Developing Quality Relationships Between Nursing Facilities & Hospice March 24, 2009 & repeated on March 25, 2009 (Adms may attend only one 2 hr session) Sojourn Care Office, Tulsa, OK Requesting 2 hrs of CE

Motion was made by Dr. Maurice Payne, seconded by Mr. Bill Weaver, to approve the aforementioned program for 2 hours of continuing education for Oklahoma Long Term Care Administrators. Motion carried with voting as follows: Affirmative – Ms. Stella Church, Ms. Jeannie Gault, Mr. Bill Weaver, Dr. Tom O’Connor, Mr. Terry

Williams, Ms. Peggy Wiebener and Dr. Maurice Payne. Negative – None. Abstaining – Ms. Nancy Atkinson.

Ms. Nancy Atkinson, Chair of the Rules Revision committee, led the review, discussion and possible action of the rules revision. Ms. Atkinson informed the Board members of the major rule changes and asked if there were any questions regarding the changes. Discussion followed. Ms. Atkinson informed the Board that there would be a Public Hearing prior to the March 25, 2009 Board meeting and that the rules would also be voted on at this meeting.

Ms. Jeannie Gault, Sec-Treasurer, led the review and discussion regarding the Finance Committee Report. Ms. Gault went over the November and December 2008 Financial Statement and informed the Board that the January 2009 statement had some reconciliation problems that need to be worked out. Discussion followed.

There was no report regarding the Code of Ethics Committee by Dr. Tom O’Connor.

There was no report regarding the Personnel Committee by Mr. Bill Weaver.

Dr. Roger Lanier, Executive Director, gave his report as follows:

1. Licensee Count. The licensee count as of January 1, 2009 (with 2008 comparison figures) was 697 administrators (713 or a 2.3% decrease), or 686 Active (693 or a 1.1% decrease) and 11 Inactive (20 or an 81.8% decrease). Consequently, the total number of LTC administrators in the State continued to decline at a slightly lower percentage decrease than it has for several years. The decline, however, remains consistent with prior Oklahoma, regional and national trends. The 697 overall licensees in 2009 compares with 713 in 2008, 797 in 2007, and 875 in 2006. The rates of decline were 2.3% in 2009 (16), 11% in 2008 (84), and 9% in 2007 (78). These are below regional and national declines of 30-40%. This isn’t intended to minimize the problem; only to say that Oklahoma has the same recruitment problem as the rest of the nation. Also, please note that these are net decreases after the 30-50 new licensees that are approved each year. 2. Expired Licenses. (Action) All individuals whose licenses expired/lapsed as of the 2009 renewal have been contacted as to their intent to allow their license to lapse. Those that responded are on the agenda for Board consideration. 3. License Renewal Process. The annual license renewal process was completed. Several problems continued and interim meetings with staff from OK.GOV have resolved certain of the problems. The majority initially encountered related to certain changes involving licensee’s work address, and email addresses. There were also some quirks related to inactive licenses as well as with invalid account numbers entered. We will continue to work with OK.GOV to resolve these issues. Staff continue to meet with programmers to: (1) consistently apply the rules in a failsafe manner; (2) eliminate, or minimize insufficient funds issues; and (3) fully

reconcile deposits in a timely manner (i.e., also involves the Treasurer’s Office where the current problem appears to be). 4. OK.Gov Complaint Report Change. This change allows any online complaints submitted to go directly by email to Board staff for processing. It also dates arrival times and eliminates anonymous and undated complaints. 5. Directors & Officers Deductible Change. (Action) The deductible change had to be decided between early February and before the Board Meeting date. OSBELTCA had the option to reduce its deductible from $150,000 per occurrence to $25,000 per occurrence for approximately $600 in additional costs per year. The Executive Committee was surveyed and it was the unanimous recommendation to change rates. Endorsement of this decision is on the agenda. 6. Resignation. Sherry Campbell, part-time fiscal secretary submitted her resignation due to personal issues. We attempted to reverse this need and were successful. OSF also contacted us related to a more realistic bid, but for fewer services. 7. HIPDB Reporting. (Action) Fifty-nine (59) historic cases with HIPDB reporting requirements have been submitted to HIPDB. This exhausts all the cases which appear in the minutes from May 2006 forward. Phil Forslund will verify the submission of cases from April 2006 and prior as a final check. 8. State Standards Examinations. The State Standards Examination was administered as scheduled on December 16th to 29 examinees. There was a specially scheduled testing on January 5th for 9 examinees and January 15th for 1 examinee. 9. Tax Commission Report. Each year, Pam has had to extract 12 pieces of information from each licensee’s file and manually insert each of these for each licensee to report to the Oklahoma Tax Commission (OTC). We are working with OK.GOV to automatically convert information housed in the OK.gov website database into the OTC format. It is a one-time fee and is expected to cost between $800 - $900. 10. Tax Commission Outcome. There were 34 non-tax compliant LTC administrators that staff were required to track in October. For the first time in three years, all administrators were able to resolve their tax compliance issues prior to the expiration of his/her license. 11. Administrator University. Spring ’09 Administrator University started January 15, 2009. Currently, there are 20 students with the usual missionary zeal. 12. Legislative Watch. (Action) There has been discussion for some time that ICF-MR administrators felt OSBELTCA licensure standards were inappropriate for their constituents. A bill, SB 479, has been introduced to change this regulatory relationship (see your packet). There are approximately 83 public and private ICF- MR facilities in Oklahoma. The Board should probably adopt some formal stance on this issue. 13. Governor’s Office. The Governor’s Office was contacted several times this month related to appointments to the Board both by staff and Brinda. I emailed each Board Member as to nominations, have contacted several other professional boards with little success. The attached summary sheet tracks the efforts and outcomes. 14. AIT Preceptors. The second Preceptors’ Workshop was held January 19th. For this workshop, 46 registered; 36 had prepaid; and 42 attended (which was a little too

large for the available space and for the inter-active nature of a portion of the program). 15. Rules Revisions. Multiple drafts of rule revisions have been circulated during the last month to Rules Committee Members. 16. “ Abandoned” Applications. (Action) In Board Rules that were adopted and effective on or before July 2007, OAC490:10-3-1, stipulated that “applications” for licensure were effective for a period of one year from date of receipt by the Board. As per this rule, on or after July 2008, several applications were abandoned by the applicant because applicants failed to secure his/her licensure within the one year time limit. These will be purged shortly after the February Meeting.

17. Complaint Statistics. The February updated listings were: pending hearings (1), complaints (33), and 2567s (104). Therefore, there were 138 cases pending. Note that 22 new cases have been received since the last meeting. These were two complaints and 20 new 2567s.

SB 479 had already been discussed so there was no Legislative Committee Report by Mr. Terry Williams.

Meeting adjourned at 3:45 p.m.

JEANNIE GAULT, SEC-TREASURER