MINUTES REGULAR MEETING. January 10, 2011

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1 BOARD OF EXAMINERS OF NURSING CARE INSTITUTION ADMINISTRATORS AND ASSISTED LIVING FACILITY MANAGERS 1400 West Washington, Suite B-8, Phoenix, Arizona Janice K. Brewer (602) phone (602) fax Allen Imig Governor Executive Director Board Members Ken Kidder, President Vicki McAllister, V.P. Maria Balint, Member Doyle Boatwright, Member Mark Laney, Member Kristie Larsen, Member Nadine Isom, Member Robin Burr, Member Dan Stamo, Member Thomas Iozzo, Member Web Site: MINUTES REGULAR MEETING January 10, 2011 I. CALL TO ORDER President Kidder called the meeting to order at 9:09 a.m. II. ROLL CALL Present: Absent: Attendance: Ken Kidder, Maria Balint, Doyle Boatwright, Vicki McAllister, Kristie Larsen, Nadine Isom, Robin Burr, Dan Stamo, Thomas Iozzo Mark Laney Allen Imig, ED, Phil Smyth, Investigator, Peggy Wilkinson, Licensing Coordinator, Keely Verstegen, AAG III. CALL TO THE PUBLIC No one wished to speak IV. APPROVAL OF MINUTES 1. December 13, 2010 Regular Board Meeting Minutes Member McAllister made a motion that was seconded by Member Boatwright to approve the December 13, 2010 regular meeting minutes as amended. The motion passed unanimously, 9 0.

2 January 10, 2011 NCIA Board Meeting Minutes Page 2 of 9 V. FORMAL HEARING A. Individual formal hearings by the Board 2. Joanne Corrigan Manager President Kidder conducted the hearing. Ms. Verstegen, Assistant Attorney General, was present and represented the state. Ms. Verstegen made a motion to deem the allegations in the Complaint admitted, because Ms. Corrigan did not respond to the Complaint and Notice of Hearing as required per ARS (O). Joanne Corrigan was not present for the hearing. Christopher Munns, Assistant Attorney General from the Solicitor Generals Office was available by telephone to advise the Board. Member Iozzo made a motion that was seconded by Member Burr to grant the State s motion and deem the allegations in the Complaint and Notice of Hearing as admitted. The motion passed unanimously, 9 0. Member McAllister made a motion that was seconded by Member Stamo to adopt the Factual Allegations and the Allegations of Unprofessional Conduct from the Complaint and Notice of Hearing as Findings of Fact and Conclusions of Law. The motion passed unanimously, 9 0. After the Board deliberated, Member Burr made a motion that was seconded by Member Boatwright to revoke the manager certificate of Joanne Corrigan. A roll call vote passed unanimously, 9 0. The hearing was concluded. 3. Maria Roxas Manager President Kidder conducted the hearing. Ms. Verstegen, Assistant Attorney General, was present and represented the state. Ms. Verstegen made a motion to deem the allegations in the Complaint admitted, because Ms. Roxas did not respond to the Complaint and Notice of Hearing as required per ARS (O). Ms. Roxas was not present for the hearing. Christopher Munns, Assistant Attorney General from the Solicitor Generals Office was available by telephone to advise the Board. Member Isom made a motion that was seconded by Member Larsen to grant the State s motion and deem the allegations in the Complaint and Notice of Hearing as admitted. The motion passed unanimously, 9 0. Member McAllister made a motion that was seconded by Member Boatwright to adopt the Factual Allegations and the Allegations of Unprofessional Conduct from the Complaint and Notice of Hearing as Findings of Fact and Conclusions of Law. The motion passed unanimously, 9 0.

3 January 10, 2011 NCIA Board Meeting Minutes Page 3 of 9 After the Board deliberated, Member Balint made a motion that was seconded by Member Burr to revoke the manager certificate of Maria Roxas. A roll call vote passed unanimously, 9 0. The hearing was concluded. VI. CONSENT AGREEMENT / PROBATION TERMINATION A. Individual Board review, Consideration and Action to terminate probation: 4. Garnell, Connie Manager Member Stamo advised he knew Ms. Garnell but it would not influence his decision. Investigator Smyth reviewed the probation termination request with the Board. The reason for the individual review was that Ms. Garnell had been making payments on the civil money penalty and had exceeded the time the Board had set. After hearing from investigator Smyth, Member Kidder made a motion that was seconded by Member McAllister to terminate the probation of Connie Garnell, in complaint 10-19, as the conditions were met. The motion passed unanimously, (a) Carlos, Jose Manager Member Larsen made a motion that was seconded by Member Stamo to terminate the probation of Jose Carlos, in complaint , as the conditions were met. The motion passed unanimously, 9 0. VII. COMPLAINT CASE A. Board Individual Review, Consideration and Action regarding new complaints: 5. Complaint # Marquez, Damacio Administrator Open Date: 10/27/10 Investigator Smyth summarized the complaint for the Board. DHS conducted a re-certification survey at Villa Maria Care Center, located at 4310 E. Grand Rd., Tucson and identified 10 deficiencies in 10 different areas. Some of the deficiencies included: Failure to provide four residents with appropriate liability and or appeal notice when their Medicare benefits were exhausted. Failure to implement policy for conducting a thorough investigation regarding alleged incidents of misappropriation or resident s property. Failure to assess one resident after a fall Failure to provide preventative measures for the development of pressure ulcers for one resident. QA&A committee failed to identify pressure ulcers as an issue that needed corrective action. DHS took enforcement action on one violation and assessed a civil money penalty of $4, Mr. Marquez was present and answered the Board s questions regarding the survey. According to Mr. Marquez, at the time of the survey, the director of nursing was on vacation and apparently identified some issues but did not notify Mr. Marquez prior to leaving. Immediate measures were taken to evaluate resident conditions and procedures to make sure communication of issues are relayed.

4 January 10, 2011 NCIA Board Meeting Minutes Page 4 of 9 Member Kidder made a motion that was seconded by Member Balint to dismiss complaint against Damacio Marquez, for insufficient evidence of a violation. The motion passed 7 2, with Members McAllister and Iozzo voting nay. 6. Complaint # Oppel, Rosario Manager Open Date: 10/13/10 Investigator Smyth summarized the complaint for the Board. Board staff received a letter of complaint from Elizabeth Stevens, regarding Everlasting Guest Home located at 2275 Potter Ave., Kingman. Ms. Stevens alleged: Resident medications not locked Medication records appear not to be maintained Residents not provided outside activities Ms. Oppel was present and answered the Board s questions regarding the complaint. According to Ms. Oppel, in recent surveys DHS had not identified deficiencies as described by Ms. Stevens. Ms. Stevens was not present. After hearing from Ms. Oppel, Member Balint made a motion that was seconded by Member Stamo to dismiss complaint against Rosario Oppel, for insufficient evidence of a violation. The motion passed unanimously, Complaint # Williams, Frances Manager Open Date: 11/01/10 Investigator Smyth summarized the complaint for the Board. Board staff received a letter of complaint from Armando Avalos the nephew of a prior resident at Abundant Living, located at 4336 E. Vineyard Rd., Phoenix. Mr. Avalos alleged: Manager prohibited Mr. Avalos and other family members from visiting Manager did not allow Mr. Avalos to take resident to scheduled doctor s appointment Manager prohibited the resident to talk to family members on the telephone Mr. Williams was present and answered the Board s questions regarding the complaint. DHS also responded to this complaint allegations were unsubstantiated. The same was true with Adult protective services, the Mercy care case manager and others. The resident told Ms. Williams he did not want to go with his nephew. Mr. Avalos is not the residents POA, and the court is in the process of appointing a guardian. Mr. Avalos was present and addressed the Board regarding his complaint. After hearing from Ms. Williams and Mr. Avalos, Member McAllister made a motion that was seconded by Member Boatwright to dismiss complaint against Frances Williams, for insufficient evidence of a violation. The motion passed unanimously, Complaint # Bomongcag, Floida Manager Open Date: 11/2/10 Investigator Smyth summarized the complaint for the Board. Board staff received a letter of complaint from John Williamson the son of a resident at Desert Emerald Assisted Living, located at 4526 N. 82 nd St., Scottsdale. Mr. Williamson alleged: Failure to notify POA of stage 2 wound Stage 2 wound not noticed by facility staff

5 January 10, 2011 NCIA Board Meeting Minutes Page 5 of 9 No longer welcome to eat meals with the resident Ms. Bomongcag was present and answered the Board s questions regarding the complaint. Also answering the Board s questions about the complaint was the manager designee, Abigail Plantado. Mr. Williamson was not present. After hearing from Ms. Bomongcag and Ms. Plantado, Member Boatwright made a motion that was seconded by Member McAllister to dismiss complaint against Floida Bomongcag, for insufficient evidence of a violation. The motion passed unanimously, Complaint # Jones, Ricky Manager Open Date: 10/12/10 Investigator Smyth summarized the complaint for the Board. Board staff received a letter of complaint from Elizabeth Stevens the niece of a prior resident at Autumn Seasons Group Home, located at 7943 E. Gazelle, Prescott Valley. Ms. Stevens alleged: Refund of deposit not made as required Refund of prorated rent not made as required. Mr. Jones was present and answered the Board s questions regarding the complaint. Mr. Jones admitted he has not paid Ms. Stevens in full. He ran into financial hardship and has since filed Chapter 13 bankruptcy. Mr. Jones advised that Ms. Stevens will be paid through the bankruptcy trustee. Member McAllister made a motion that was seconded by Member Iozzo that based upon the information contained in the investigation report, the Board finds sufficient evidence of a violation of ARS (B)(3) as defined by ARS (9)(a) for unprofessional conduct in complaint number involving manager Ricky Jones and to offer him 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 12 months that includes: a) $ civil money penalty payable within 12 months b) 3 hours of Board approved continuing education in Ethics c) Any costs of the probation are those of the certificate holder d) Request in writing termination of probation A roll call vote was taken and passed unanimously, Complaint # Go, Jennie Manager Open Date: 11/19/10 Investigator Smyth summarized the complaint for the Board. DHS conducted a complaint investigation at Acoma Home Care, located at 5820 W. Acoma Dr., Glendale and identified six deficiencies in two different areas. Some of the deficiencies included: Facility manager acting as the resident representative Primary care provider not notified as required following an accident, incident, or injury Emergency response team not notified as required. DHS took enforcement action on two violations and assessed a civil money penalty of $1, Ms. Go was present and answered the Board s questions regarding the complaint. Ms. Go admitted she signed the hospital discharge documents for the resident, instead of the POA. Ms. Go also admitted the resident was found on the floor with a bleeding head wound. The resident did not want to

6 January 10, 2011 NCIA Board Meeting Minutes Page 6 of 9 go to the hospital. The POA was notified of the injury and consented to wait until the next scheduled doctor s appointment in six days to have the wound looked at. Member Balint 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 (B)(3) as defined by ARS (9)(a) for unprofessional conduct in complaint number involving manager Jennie Go 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) $ civil money penalty payable within 6 months b) 3 hours of Board approved continuing education in service plans c) 3 hours of Board approved continuing education in directed care, dementia d) 3 hours of Board approved continuing education in incident reporting e) Pass the managers state examination f) Any costs of the probation are those of the certificate holder g) Request in writing termination of probation A roll call vote was taken and passed unanimously, Complaint # Arriola, Luz Manager Open Date: 11/17/10 Investigator Smyth summarized the complaint for the Board. Investigations received a memo from Licensing that Luzviminda Arriola s fingerprint clearance card expired on July 12, Ms. Arriola advised in her response that she is not working at this time but would get a valid card. Ms. Arriola was not present. Member Kidder made a motion that was seconded by Member McAllister that based upon the information contained in the investigation report, the Board finds sufficient evidence of a violation of ARS (D) and AAC R for failing to maintain a valid fingerprint clearance card in complaint number involving manager Luz Arriola 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: 1. Suspend certificate until a valid fingerprint clearance card is provided showing evidence of compliance: 12. Complaint # Dalla-Vicenza, Kim Administrator Open Date: 11/17/10 Member McAllister advised she knows Ms. Dalla-Vicenza, but it would not influence her decision. Investigator Smyth summarized the complaint for the Board. Investigations received a memo from Licensing that Kimberly Dalla-Vicenza s fingerprint clearance card expired on July 23, Ms. Dalla-Vicenza has an inactive administrator license. She was residing in Texas but is now living in Arizona. Ms. Dalla-Vicenza was issued her new clearance card on December 9, 2010 and provided a copy. Ms. Dalla-Vicenza was present and answered the Board s questions about the delay in receiving a new clearance card.

7 January 10, 2011 NCIA Board Meeting Minutes Page 7 of 9 Member Larsen made a motion that was seconded by Member Kidder to dismiss complaint against Kim Dalla-Vicenza, for insufficient evidence of a violation. The motion passed unanimously Complaint # Cole, Gladys Manager Open Date: 12/01/10 Investigator Smyth summarized the complaint for the Board. Investigations received a memo from Licensing that Gladys Cole s fingerprint clearance card expired on August 3, Ms. Cole has not responded to the notice of complaint nor provided evidence of compliance. Ms. Cole was not present. Member McAllister made a motion that was seconded by Member Boatwright that based upon the information contained in the investigation report, the Board finds sufficient evidence of a violation of ARS (D) and AAC R for failing to maintain a valid fingerprint clearance card in complaint number involving manager Gladys Cole 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: 1. Suspend certificate until a valid fingerprint clearance card is provided showing evidence of compliance: The motion passed unanimously 9 0. VIII. ADMINISTRATOR LICENSURE AND MANAGER CERTIFICATION A. Consent Agenda to approve temporary administrator licenses, permanent administrator licenses, temporary manager certificates, permanent manager certificates, pending passing all required examinations within the substantive time frame or the license or certificate will be denied. 14. Temporary Administrator Licenses None Permanent Administrator Licenses None Temporary Manager Certificates Cassiba, Joseph Biron, Susan Permanent Manager Certificates Cassiba, Joseph Palmer, Arcelia Tena, Filiberto Marshall, Gail Basha, Shelly Farmer, Janice Nedelcu, Violet Biron, Susan Member Kidder made a motion that was seconded by Member Iozzo to approve the temporary and permanent administrator licenses, the temporary and permanent manager certificates, pending passing all required examinations within the substantive time frame or the license or certificate will be denied. The motion passed unanimously, 9 0.

8 January 10, 2011 NCIA Board Meeting Minutes Page 8 of 9 B. 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. 15. Watkins, Milissa Permanent Administrator License Licensing Coordinator Wilkinson outlined for the Board the issues related to the applicant s application. Applicant Watkins was not present. The Board deferred the matter until the February Board meeting so Ms. Watkins can attend. 16. Hoppe, Joseph Permanent Manager Certificate Licensing Coordinator Wilkinson outlined for the Board the issues related to the applicant s application. The applicant had failed the examination in October and failed to come to October Board meeting as requested. Mr. Hoppe did not attempt to take the exam again. The substantive time frame was about to expire at which time the Board had to either approve or deny the manger certificate. Applicant Joseph Hoppe was present and answered the Board s questions. Mr. Hoppe told the Board that he was pre-occupied with other things and had not taken the exam again. Member Kidder made a motion that was seconded by member Isom to deny the permanent manager certificate, for failing to pass the examination within the substantive time frame. The motion passed unanimously, 9 0. IX. OTHER BUSINESS A. New Business: The Board may Review, Consider and take Action 17. Election of Board officers, President and Vice President for 2011 Member Balint made a motion nominating Member Kidder for President. It was seconded by Member Larsen. The motion passed unanimously 9 0. Member Iozzo made a motion nominating Member McAllister for Vice President. It was seconded by Member Balint. The motion passed unanimously 9 0. X. ADMINISTRATIVE MATTERS 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. 18. Financial Reports Executive Director Imig reviewed the financial report with the Board. 19. Complaints Status Report Investigator Smyth reviewed the complaint report with the Board.

9 January 10, 2011 NCIA Board Meeting Minutes Page 9 of Licensing Report Licensing Coordinator Wilkinson reviewed with the Board, the report covering licensing, applicants and exams. 21. Legislation Update Executive Director Imig advised SB1043, the Boards continuation bill was scheduled to be heard in the Senate Health committee on January 12, 2010 at 2:00 p.m. Also scheduled for that day was SB1038, which moved to the Board, approving, setting standards and regulation for the assisted living training programs from DHS and PPS. 22. Rules Update There are no pending rules 23. Board Meeting Critique There was no Board critique. XI. FUTURE AGENDA ITEMS None were mentioned. XII. ADJOURNMENT Member Burr made a motion that was seconded by Member McAllister to adjourn the meeting. The motion passed unanimously, 9 0. The meeting was adjourned at 12:53 p.m. The next regular meeting of the Board will be held at 9:00 a.m. on Monday, February 14, 2011, at 1400 W. Washington, Conference Room B-1, Phoenix, Arizona.