MINUTES REGULAR MEETING. December 13, 2010

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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: I. CALL TO ORDER MINUTES REGULAR MEETING December 13, 2010 President Kidder called the meeting to order at 9:08 a.m. II. ROLL CALL Present: Absent: Attendance: Ken Kidder, Maria Balint, Doyle Boatwright, Mark Laney, Vicki McAllister, Kristie Larsen, Nadine Isom, Robin Burr, Dan Stamo, Thomas Iozzo None 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. November 8, 2010 Regular Board Meeting Minutes Member McAllister made a motion that was seconded by Member Boatwright to approve the November 8, 2010 regular meeting minutes. The motion passed unanimously 10 0.

2 December 13, 2010 NCIA Board Meeting Minutes Page 2 of 10 V. FORMAL HEARING A. Individual formal hearings by the Board 2. Trudi Smith 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. Smith did not respond to the Complaint and Notice of Hearing as required per ARS (O). Ms. Smith 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 Boatwright made a motion that was seconded by Member McAllister to grant the State s motion and deem the allegations in the Complaint and Notice of Hearing as admitted. The motion passed unanimously, Member Isom made a motion that was seconded by Member McAllister 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, After the Board deliberated, Member Burr made a motion that was seconded by Member Boatwright to revoke the manager certificate of Trudi Smith. The hearing was concluded. 3. Lidia Portan 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. Portan did not respond to the Complaint and Notice of Hearing as required per ARS (O). Ms. Portan 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 Larsen made a motion that was seconded by Member McAllister to grant the State s motion and deem the allegations in the Complaint and Notice of Hearing as admitted. The motion passed unanimously, Member McAllister made a motion that was seconded by Member Burr 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, 10 0.

3 December 13, 2010 NCIA Board Meeting Minutes Page 3 of 10 After the Board deliberated, Member McAllister made a motion that was seconded by Member Boatwright to revoke the manager certificate of Lidia Portan. The hearing was concluded. VI. CONSENT AGREEMENT / PROBATION TERMINATION A. Consent agenda to terminate probation as the terms were met: Moldovan, Peter Manager 05/15/ Dejbakhsh, A. Manager 03/18/10 Member McAllister made a motion that was seconded by Member Kidder to terminate the probation of Peter Moldovan and A. Dejbakhsh, as the conditions were met. The motion passed unanimously, VII. COMPLAINT CASE A. Board Individual Review, Consideration and Action regarding new complaints: 6. Complaint # Ilea, David Manager Open Date: 08/03/10 Investigator Smyth summarized the complaint for the Board. Board staff received a letter of complaint from Norman Nagel and two previous residents at Solia Elder Care., located at 7848 N. 4 th Pl., Phoenix. Mr. Nagel alleged: Managers wife is accessing resident bank account Facility did not provide 30 day notice to raise rates Failure to provide refund Backyard is unsafe Member Stamo recused himself from the proceedings. Mr. Ilea was present and represented by his attorney James Sullivan. Mr. Negal was present and addressed the Board. He indicated he did not represent the landlord, Connie Garnell, only that she was a friend. Mr. Ilea s attorney presented a document that indicated Mr. Negal was in fact Ms. Garnell s agent. According to Mr. Negal, he did not have first hand knowledge regarding the bank issue, refund, and other items. Attorney Sullivan presented evidence that refuted the complainant allegations. After hearing from Mr. Ilea, Mr. Sullivan and Mr. Negal, Member Balint made a motion that was seconded by Member Laney to dismiss complaint for insufficient evidence of a violation. Motion passed unanimously, Complaint # Barranco, Ruben Manager Open Date: 07/20/10 Investigator Smyth summarized the complaint for the Board. DHS conducted a change of ownership inspection at Scottsdale Manor Assisted Living, located at 5645 E. Nisbet Rd., Scottsdale and identified 33 deficiencies in 13 different areas. Some of the deficiencies included:

4 December 13, 2010 NCIA Board Meeting Minutes Page 4 of 10 Resident TB Testing requirement not met Employee Fingerprint requirement not met Resident primary care provider notification requirement not met Employee TB Testing requirement not met Medication requirement not followed as ordered by Doctor Member Laney recused himself from the case. Mr. Barranco was present and answered the Board s questions. Mr. Barranco said he surrendered his facility license at Scottsdale Manor on October 7, 2010, in lieu of the enforcement action assessed by DHS. Member Iozzo asked Mr. Barranco if he would surrender his certificate. Mr. Barranco advised he would. Member Iozzo 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 (B)(3) as defined by ARS (9)(a) for unprofessional conduct in complaint number involving manager Ruben Barranco and to offer him a consent agreement to be signed within 10 days or the matter will proceed to formal hearing. The terms shall include the following: 1. Voluntary surrender of manager certificate: A roll call vote passed unanimously, Complaint # Gallinaro, Philip Manager Open Date: 08/31/10 Investigator Smyth summarized the complaint for the Board. DHS conducted a compliance inspection at Capable Hands Adult Care Home, located at 9912 N. 87 th Ave., Peoria and identified 22 deficiencies in 9 different areas. Some of the deficiencies included: Resident TB Testing requirement not met Employee Fingerprint requirement not met Resident service plan requirement not met Medication administration requirement not met Employee fire drill requirements not met Mr. Gallinaro was present and answered the Board s questions. Mr. Gallinaro discussed the issue regarding the fingerprint clearance card issue, and thought being fingerprinted for a nursing license would suffice for the manger requirement. He has a current card at this time. Mr. Gallinaro also discussed the other deficiencies. Mr. Gallinaro explained that nursing school took away from his manager oversight. Since graduating, he is spending more time at the facility. Member McAllister made a motion that was seconded by Member Stamo 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 Philip Gallinaro 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 6 months that includes: a) $ civil money penalty payable within 6 months b) 6 hours of Board approved continuing education in quality assurance c) Any costs of the probation are those of the certificate holder d) Request in writing termination of probation

5 December 13, 2010 NCIA Board Meeting Minutes Page 5 of Complaint # Micca, Larry Manager Open Date: 09/03/10 Investigator Smyth summarized the complaint for the Board. DHS conducted a compliance inspection at Global Care, located at 2842 McCulloch Blvd., Lake Havasu City and identified 29 deficiencies in 12 different areas. Some of the deficiencies included: Resident TB Testing requirement not met Facility manager designee requirements not met Employee Fingerprint requirement not met Employee TB Testing requirement not met Resident service plan requirement not met Employee fire drill requirements not met Resident fire drill requirements not met Facility fire code regulations not met Mr. Micca was not present. Member Kidder made a motion that was seconded by Member Burr 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 Larry Micca 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 6 months that includes: a) $ civil money penalty payable within 6 months b) Retake the manager training course that is approved by the Board c) Pass the manager state examination d) 3 hours of Board approved continuing education in personnel requirements e) 3 hours of Board approved continuing education in service plans f) Any costs of the probation are those of the certificate holder g) Request in writing termination of probation 10. Complaint # Martinez, Judy Manager Open Date: 09/07/10 Investigator Smyth summarized the complaint for the Board. Board staff received a letter of complaint from Ted Rank the son of a former resident at Angle Care Home, located at 2231 N. 38 th St., Phoenix. Mr. Rank alleged: Funds not refunded as required Ms. Martinez never responded to the Board as requested regarding the complaint. Ms. Martinez was present and answered the Board s questions. Ms. Martinez admitted she owes the refund and that she did not refund the money as required, and still has not refunded the money. According to the documentation, Mr. Rank requested several times for the refund and finally obtained a small claim judgment against Ms. Martinez for the refund amount.

6 December 13, 2010 NCIA Board Meeting Minutes Page 6 of 10 Member Kidder made a motion that was seconded by Member Isom 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 Judy Martinez 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 6months that includes: a) $ civil money penalty payable within 6 months b) 3 hours of Board approved continuing education in ethics c) 3 hours of Board approved continuing education in Record keeping d) Any costs of the probation are those of the certificate holder e) Request in writing termination of probation A roll call vote passed Complaint # Tipton, Leona Manager Open Date: 09/28/10 Licensing that Leona Tipton s fingerprint clearance card expired on May 12, 2010 and a valid card has not been produced. Ms. Tipton was not present. Member Boatwright 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 (D) and AAC R for failing to maintain a valid fingerprint clearance card in complaint number involving manager Leona Tipton 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: 12. Complaint # Provenzano, Ana Manager Open Date: 09/28/10 Licensing that Ana Provenzano s fingerprint clearance card expired on April 29, 2010 and a valid card has not been produced. Ms. Provenzano was present and answered the Board s questions. She said she applied for the card back in April but had not received it yet. She had not followed up with DPS to find out about the delay. Member Larsen made a motion that was seconded by Member Laney 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 Ana Provenzano 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:

7 December 13, 2010 NCIA Board Meeting Minutes Page 7 of Complaint # Watson, Shawnna Manager Open Date: 09/28/10 Licensing that Shawnna Watson s fingerprint clearance card expired on May 5, 2010 and a valid card has not been produced. Ms. Watson was not present. Member Burr made a motion that was seconded by Member Larsen 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 Shawnna Watson 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: 14. Complaint # Salari, Ana Manager Open Date: 10/01/10 Licensing that Ana Salari s fingerprint clearance card expired on June 1, Ms. Salari provided a valid clearance card that was issued July 16, Member Burr disclosed she knew Ms. Salari, but it would not affect her decision. Ms. Salari was present and answered the Board s questions. Member Kidder made a motion that was seconded by Member Laney to dismiss complaint against Ana Salari, for insufficient evidence of a violation but issue a letter of concern. The concern was not maintaining a valid fingerprint card in a timely manner. The motion passed unanimously Complaint # Garcia, Wanda Manager Open Date: 10/01/10 Licensing that Wanda Garcia s fingerprint clearance card expired on June 14, 2010 and a valid card has not been produced. Ms. Garcia was not present. 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 (D) and AAC R for failing to maintain a valid fingerprint clearance card in complaint number involving manager Wanda Garcia 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:

8 December 13, 2010 NCIA Board Meeting Minutes Page 8 of Complaint # Norton, Sheri Manager Open Date: 10/27/10 Licensing that Sheri Norton s fingerprint clearance card expired on June 25, 2010 and a valid card has not been produced. Ms. Norton was present and answered the Board s questions. Ms. Norton said she applied for a clearance card in June but has not received it yet. As of the meeting, Ms. Norton did not have a valid fingerprint clearance card. Member Laney made a motion that was seconded by Member Stamo 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 Sheri Norton 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: 17. Complaint # Barge, Tamara Manager Open Date: 10/27/10 Licensing that Tamara Barge s fingerprint clearance card expired on July 7, 2010 and a valid card has not been produced. Ms. Barge was present and answered the Board s questions. Ms. Barge has applied for a clearance card but has not received it yet. Member McAllister made a motion that was seconded by Member Stamo 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 Tamara Barge 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:

9 December 13, 2010 NCIA Board Meeting Minutes Page 9 of 10 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. 18. Temporary Administrator Licenses Nawahine, Steven Harvey, Christine Permanent Administrator Licenses Ahmed, Raazia Baughman, Camilla Nawahine, Steven Harvey, Christine Temporary Manager Certificates Link, Amy Dodd, James Elliott, Amber Permanent Manager Certificates Catana, Anna Link, Amy Olar, Simona Tapia, Luz Rios, Jeffery Dobric, Merita Aguilar, Fraya Bradley, Maureen Medina, Annette Kelly, Georgette Gibson, William Burz, Aurel Burz, Nelia Bermudez, Harold Hoopes, Tyler Waweru, Anne Dodd, James Elliott, Amber Sanchez, Elizabeth Member McAllister made a motion that was seconded by Member Kidder 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, 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. 19. Johnson, Louis Permanent Manager Certification Licensing Coordinator Wilkinson outlined for the Board the issues related to Mr. Johnson s application. Applicant Louis Johnson was present and answered the Board s questions regarding not disclosing a prior DUI and driving on a suspended license. Member Kidder made a motion that was seconded by member Boatwright to approve the permanent manager certificate, pending passing all required examinations within the substantive time frame or the certificate will be denied. The motion passed 9 1 with member Iozzo voting nay. IX. OTHER BUSINESS A. New Business: The Board may Review, Consider and take Action 20. None was discussed

10 December 13, 2010 NCIA Board Meeting Minutes Page 10 of 10 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. 21. Financial Reports Executive Director Imig reviewed with the Board the financial reports. Revenue although down a little from projections in November, overall it is above projections. Expenses remain as projected. 22. Complaints Status Report Investigator Smyth reviewed with the Board the investigative report. 23. Licensing Report Licensing Coordinator Wilkinson reviewed with the Board the licensing report. 24. Legislation Update Executive Director Imig advised the Board that the Joint Legislative Committee of Reference had a hearing on December 9 th and they recommended a 10 year continuance for the Board. 25. Rules Update There were no rules to report on. 26. Board Meeting Critique There was no Board critique. XI. XII. FUTURE AGENDA ITEMS ADJOURNMENT Member McAllister made a motion that was seconded by Member Boatwright to adjourn the meeting. The motion passed unanimously, The next regular meeting of the Board will be held on Monday, January 10, 2011 at 1400 W. Washington, Conference Room B-1, Phoenix, Arizona, at 9:00 a.m.

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