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BOARD OF NURSING Professional and Vocational Licensing Division Department of Commerce and Consumer Affairs State of Hawaii MINUTES OF MEETING The agenda for this meeting was filed with the Office of the Lieutenant Governor as required by Section 92-7(b), Hawaii Revised Statutes (“HRS”). Date: Thursday, July 11, 2019 Time: 9:00 a.m. Place: Queen Liliuokalani Conference Room King Kalakaua Building 335 Merchant Street, 1st Floor Honolulu, Hawaii 96813 Members Present: Thomas Joslyn, MS, CRNA, Chair Olivia Kim, BSN, BS, RN, LPN, NHA, Vice Chair Katharyn Daub, MNEd, EdD, RN Jomel Duldulao, Public Member Judy Kodama, MSN, MBA, RN, CNML Carrie Oliveira, Public Member Amy Stone Murai, APRN Members Excused: Karen Boyer, MS, RN, FNP Tammie Napoleon, DNP, APRN, PPCNP-BC Staff Present: Lee Ann Teshima, Executive Officer (“EO”) Shari Wong, Deputy Attorney General (“DAG”) Nohelani Jackson, Secretary Guests: Kate Blissard, DEA Alex Nikoloudakis, DEA Cris Vida, DEA Dean Yamamoto, NED Brooke Zarriello, NED Linda Beechinor, Hawaii-American Nurses Association Amanda Valenzuela, Student, University of Phoenix J.P. Moses Gary Whisenand, DEA Kyle Hoppel, DEA Rhoberta Haley, Chaminade University Susie Lidge, University of Phoenix Ellen Hansen, Applicant Board of Nursing Minutes of July 11, 2019 Meeting Page 2 Call to Order: The Chair called the meeting to order at 8:31 a.m. at which time quorum was established. Chair’s Report: Announcements/Introductions The Chair excused Ms. Boyer and Dr. Napoleon and asked the audience to introduce themselves. The Chair stated that he wanted to start working on a project for the Board to issue position statements on some nursing scope of practice issues and will be working with the EO and may also call upon some members to help him do research. Approval of the Previous Minutes – June 6, 2019 The Chair called for a motion in regard to the minutes of the June 6, 2019 meeting. Upon a motion by Ms. Kodama, seconded by Ms. Daub, it was voted on and unanimously carried to approve the minutes of the June 6, 2019 meeting as circulated. Executive Officer’s Conferences/Seminars/Meetings Report: 2019 Discipline Case Management Conference, June 10-12, 2019, Memphis, Tennessee – The EO asked the DAG to provide a brief report on her attendance at the conference. The DAG reported on the following: • Unseen Forces Driving Opioid Addiction Nationwide • The Use of Administrative Law Judges • Barriers to Adverse Event Reporting • Top Regulatory Cases- What Did the Courts Say? (Important Cases and the outcomes that followed) • Sexual Abuse: Achieving Zero Tolerance • How to Survive the Resolution of a High-Risk Investigation • Due Process Considerations in Simultaneous Regulatory & Criminal Investigations • The Compact and Reciprocal Discipline – Including the Collateral Impact of Disciplinary Action in Compact States. 2019 NCSBN Annual Meeting, August 21-23, 2019, Chicago, Illinois – The Vice Chair and Mr. Duldulao Attending The EO reminded the members to forward any recommendations on the following issues to her that will be discussed at the annual meeting so that she can consolidate and send to the Vice Chair and Mr. Duldulao: i. Summary of Recommendations to the 2019 Delegate Assembly Board of Nursing Minutes of July 11, 2019 Meeting Page 3 ii. NCSBN Strategic Plan – Proposed iii. Advanced Practice Registered Nurse Compact – Revisions iv. NCSBN Associate Member Application – Puerto RICO v. NCSBN Associate Member Application – Spanish General Council of Nursing vi. 2020 NCLEX-PN Test Plan vii. 2019 Slate of Candidates 2019 NCLEX Conference, September 9, 2019, Phoenix, Arizona – Ms. Boyer Attending Boards and Commissions Member Orientation, October 11, 2019, 8:30 – 12:00, State Capitol Auditorium – The EO stated that this orientation is open to all new and existing members, regardless if you previously attended but would like a refresher. Ms. Oliveira and Ms. Kodama stated that they would attend. 2019 Legislative Session The EO gave the following report on the following bills: APRN Reimbursement SB 25, SD2, HD1, CD1 Relating to Insurance – This bill was approved by the Governor on 6/7/2019, Act 70 APRN Related HB 658, HD1, SD1, Relating to Health – This bill establishes the advanced practice registered nurse medical leadership working group chaired by the Department of Health to research and make recommendations regarding advanced practice registered nurses' eligibility for medical leadership positions. (SD1) The House originally disagreed with the Senate’s amendments ( (1) Include a purpose section; (2) Establish the advanced practice registered nurse medical leadership working group (“working group”) to be convened by the Department of Health and chaired by the Director of Health; (3) Specify that the working group is to research and make recommendations regarding APRNs' eligibility for medical leadership positions and identify any circumstances where that eligibility may be inappropriate; (4) Require the working group to report its findings and any proposed legislation to the Legislature prior to the 2020 Regular Session; and (5) Change its effective date to upon approval.), however, the House reconsidered and agreed with the Senate draft. This bill was approved by the Governor on 7/2/2019, Act 205. Other SB 1404, SD2, HD1,CD1 Relating to Loan Repayment for Health Care Professionals – This bill appropriates funds for the Health Care Provider Loan Repayment Program administered through the John A. Burns School of Medicine of the University of Hawaii at Manoa; provided that the funds are matched on a Board of Nursing Minutes of July 11, 2019 Meeting Page 4 dollar-for-dollar basis by a private or another public source. This bill was approved by the Governor on 7/5/2019, Act 262. SB 385, SD1, HD2, CD1, Relating to Professional and Vocational Licensing – This bill repeals defaults on student loans, student loan repayment contracts, and scholarship contracts as grounds for sanctioning professional and vocational licensees. This bill was enrolled to the Governor on 5/6/2019. Working Solutions – June 2019 A copy was distributed to the Board members as information only. 2019 Renewal Statistics The EO provided the following statistics as of July 1, 2019: • APRNs – 1,743 eligible to renew, 1,548 renewed • LPNs – 2,865 eligible to renew, 1,841 renewed • RNs – 29, 668 eligible to renew, 23,130 renewed Continuing Competency The EO reported that once the hard copy renewal applications are processed, she will request a list of nurses randomly selected. The nurses selected will be sent a letter informing them they were randomly selected and to submit proof of compliance with the continuing competency requirement. She stated that the Board previously determined that 5% of the total number of nurses was sufficient and that this list would also be posted on the Board’s web page. The nurses selected for audit will have 60 days to respond and submit proof of the continued competency requirement. Once received, the Board will begin reviewing the documents submitted and determine whether to delegate to the EO to approve the continued competency submittals with the exceptions of any questionable learning activity options. The EO stated that if a nurse fails to respond to the request, he/she will be referred to the Regulated Industries Complaints Office (RICO) for investigation for failure to comply with the continuing competency requirement and for failing to respond to a request from the Board. Criminal History Background Check The EO reported that in addition to the continuing competency requirement, approximately 8,000 plus nurses were randomly selected to get fingerprinted for a criminal records history check for the 2019 renewal. This will require that staff check the name of each nurse on the list with the Hawaii Criminal Justice Data Center (“HCJDC”) to see if the nurse’s name appears and if not, the nurse either did not get fingerprinted or may not have used the correct code. The nurse will be notified that we were unable to retrieve any results. Board of Nursing Minutes of July 11, 2019 Meeting Page 5 If the nurse’s name on the HCJDC indicates a prior conviction, the EO stated that she will have to literally search the nurse’s file to see if he/she previously disclosed the information and that if the nurse did not, the nurse will be referred for investigation by RICO. The EO stated that she would keep the Board apprised each step of the way. Correspondence: NCSBN Legislative Updates The Board noted the following bills introduced or new laws enacted in other states: 5/31/2019 Enacted AL H 245 SUMMARY: Provides for direct reimbursement for the services of a certified registered nurse anesthetist by insurers. CO S 227 SUMMARY: Authorizes schools to obtain a supply of opiate antagonists. CO S 228 SUMMARY: Requires APRNs and other prescribers to complete substance use disorder training; prohibits APRNs and other prescribers from accepting benefits for prescribing specific medications; requires opioid prescriptions to bear warning labels. OK H 2341 SUMMARY: Broadens practitioners who may make referrals by including APRNs. OK S 85 SUMMARY: Authorizes any school nurse, public health nurse, licensed practitioner of the healing arts, nurses working under contract with a school district, or any person designated by the school administration to administer an opiate antagonist in the event of a suspected overdose. SC H 3821 SUMMARY: Allows APRNs to sign death certificates. Enrolled to Governor NJ S 954 SUMMARY: Enters State into the enhanced Multistate Nurse Licensure Compact. TX H 1342 SUMMARY: Relates to the consequences of a criminal conviction on a person eligibility for an occupational license; provides for various license restrictions. Board of Nursing Minutes of July 11, 2019 Meeting Page 6 TX H 1401 SUMMARY: Provides for the use of money from the permanent fund for health-related programs to provide grants to nursing education programs. TX S 37 SUMMARY: Prohibits on the use of student loan default or breach of a student loan repayment or scholarship contract as a ground for refusal to grant or renew an occupational license or other disciplinary action in relation to an occupational license.
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