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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 Robin Burr, Member Dan Stamo, Member Thomas Iozzo, Member Fred Randolph, Member Web Site: MINUTES REGULAR MEETING September 12, 2011 I. CALL TO ORDER President Kidder called the meeting to order at 9:08 a.m. II. ROLL CALL Present: Absent: Attendance: Ken Kidder, Maria Balint, Vicki McAllister, Kristie Larsen, Dan Stamo, Thomas Iozzo, Fred Randolph Doyle Boatwright, Mark Laney, Robin Burr Allen Imig, ED, Phil Smyth, Investigator, Peggy Wilkinson, Licensing Coordinator, Keely Verstegen, AAG, Christopher Munns, Solicitor General III. CALL TO THE PUBLIC No one wished to speak IV. APPROVAL OF MINUTES 1. August 8, 2011 Regular Board Meeting Minutes 2. August 8, 2011 Executive Session Minutes Member McAllister made a motion that was seconded by Member Randolph to approve the August 8, 2011 regular and executive meeting minutes. The motion passed unanimously, 7 0.

2 September 12, 2011 NCIA Board Meeting Minutes Page 2 of 9 V. FORMAL HEARING A. Consideration and action on the States motion for default admission for failing to respond to the Complaint and Notice of Hearing and 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, and Revoke manager certificates. The Board may consider the items together on a consent agenda or consider matters individually Zagrean, Lydia Manager Lee, Melissa Manager Ruiz, Steven Manager Fuchila, Elena Manager Mihai, Rozica Manager Chandler, Kelsie 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, for agenda items 3 through 8, because there was no response to the Complaint and Notice of Hearing as required per ARS (O). Christopher Munns, Assistant Attorney General from the Solicitor Generals Office was present to advise the Board. Member Randolph made a motion that was seconded by Member Kidder to grant the State s motion and deem the allegations in the Complaint and Notice of Hearing as admitted for agenda items 3 through 8. The motion passed unanimously, 7 0. Member McAllister made a motion that was seconded by Member Larsen 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 for agenda items 3 through 8. The motion passed unanimously, 7 0. After the Board deliberated, Member Kidder made a motion that was seconded by Member McAllister to revoke the manager certificates of the managers listed under agenda items 3 through 8. A roll call vote passed unanimously, 7 0. Following the hearing the Board heard from Lydia Zagrean who was present and wished to address the Board. The Board took no further action after hearing from Ms. Zagrean. B. Individual formal hearings by the Board Roberts, Linda Manager President Kidder conducted the hearing. Ms. Verstegen, Assistant Attorney General, was present and represented the state. Ms Roberts was not present Mr. Smyth, Board Investigator was sworn in as the states witness and testified.

3 September 12, 2011 NCIA Board Meeting Minutes Page 3 of 9 Ms. Verstegen offered the following exhibits into evidence Exhibits admitted: 1. Investigative report 2. Response from Ms. Roberts Ms. Verstegen made a brief closing argument and recommended revocation of Ms. Roberts certificate. Member McAllister made a motion that was seconded by Member Balint that the State had demonstrated by a preponderance of the evidence the factual allegations in the Complaint and that the Board adopts these allegations as the Board s Findings of Fact. The motion passed unanimously, 7 0. Member McAllister made a motion that was seconded by Member Randolph that Board finds that the Findings of Fact constitute a violation of the statutes set forth in the Complaint and that the Board adopt those alleged violations as the Conclusions of Law. The motion passed unanimously, 7 0. Member Iozzo made a motion that was seconded by Member McAllister to revoke the manager certificate of Linda Roberts. A roll call vote passed unanimously, 7 0. The hearing was concluded. VI. COMPLAINT CASE A. Board Review, Consideration and Action to close complaint. 10. Complaint # Garrett, Justin Manager Open Date: 05/13/11 Investigator Smyth recommended that the Board close the case as Mr. Garrett s manger certificate was already revoked. Member Kidder made a motion that was seconded by Member McAllister to close the complaint and revisit if Mr. Garrett should apply again for a managers certificate. The motion passed unanimously, 7 0. B. Board Review, Consideration and Action on whether to open a complaint investigation 11. Timmons, William Administrator Hacienda De Los Angeles Investigator Smyth summarized for the Board the issue regarding an anonymous complaint that DHS received. The Board recommended that no action be taken at this time. 12. Moldovan, Adina Manager Elite Quality Care Home Investigator Smyth summarized for the Board a letter received from Ray Torres. The Board recommended that no action be taken as there is not enough evidence that there was unprofessional Conduct, on behalf of the manager.

4 September 12, 2011 NCIA Board Meeting Minutes Page 4 of 9 C. Board Individual Review, Consideration and Action regarding new complaints: 13. Complaint # Mleczko, Beata Manager Open Date: 06/11/11 Investigator Smyth summarized the complaint for the Board. Board staff received a letter of complaint from Pam Kelsey the POA of a prior resident at Comfort Givers Assisted Living, located at N. 57 th St., Scottsdale. Ms. Kelsey alleged: Failure to notify POA that resident suffered a stroke Failure to respond to a refund Failure to notify POA that resident was in bed with oxygen Ms. Mleczko was present and answered the Board s questions. Ms. Kelsey was present and answered the Board s questions. After hearing from both parties, Member Kidder made a motion that was seconded by Member Randolph to dismiss complaint against Beata Mleczko, for insufficient evidence of a violation, but issue a letter of concern for failure to document communications with responsible parties. The motion passed unanimously, Complaint # Waldman, Terri Manager Open Date: 07/18/11 Investigator Smyth summarized the complaint for the Board. Board staff received a letter of complaint from Ms. Chiasson the daughter of a former resident at Encore Senior Village, located at 2675 N. Wyatt Dr., Tucson. Ms. Chiasson alleged: Failure to notify family members of bedsores Failure to let family members select wound care nurse Failure to allow nurse of their choosing into the facility Ms. Waldman was present and answered the Board s questions. Ms. Chiasson was present and addressed the Board. After hearing from both parties, Member Kidder made a motion that was seconded by Member Iozzo to dismiss complaint against Terri Waldman, for insufficient evidence of a violation. The motion passed 6 1 with Member McAllister voting nay. 15. Complaint # Dicochea, Yesenia Manager Open Date: 05/18/11 Investigator Smyth summarized the complaint for the Board. DHS conducted a compliance inspection at Hilltop Haven, located at N. Twin Lakes Dr., Tucson and identified eight deficiencies in five different areas. Some of the deficiencies included: Employee TB Testing requirement not met Resident service plan requirement not met Employee fire drill requirements not met Resident bed bound requirement not met

5 September 12, 2011 NCIA Board Meeting Minutes Page 5 of 9 Mr. Smyth advised the Board that Ms. Dicochea had been the manager at the facility for three weeks and the manager at the time of the inspection. However, she was not the manager at the time the incidents occurred. The facility manager at the time of the incidents let her certificate expire on June 30, The Board does not have jurisdiction of the manager whose certificate expired because the complaint was not filed prior to the expiration date. Ms. Dicochea was present and answered the Board s questions. Member McAllister made a motion that was seconded by Member Randolph to dismiss complaint against Yesenia Dicochea, for insufficient evidence of a violation. The motion passed unanimously, Complaint # Borodi, Nadia Manager Open Date: 05/18/11 Investigator Smyth summarized the complaint for the Board. DHS conducted a compliance inspection at Elena s Lovely Adult Care Home, located at 6207 W. Comet Ave., Glendale and identified 11 deficiencies in 7 different areas. Some of the deficiencies included: Documentation regarding incident reporting requirement not met Physical restraints of residents Medication administration requirement not met Facility not free of hazards Resident records not documented with receiving or refusing the pneumonia vaccination DHS took enforcement action on two substantiated violations and assessed a civil money penalty of $2, Ms. Borodi was present and answered the Board s questions regarding the DHS findings. Member McAllister made a motion that was seconded by Member Balint 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 Nadia Borodi 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. $ civil money penalty payable within 6 months 2. Probation for 6 months that includes: a.) 2 hours of Board approved continuing education in medication b.) 2 hours of Board approved continuing education in quality assurance c.) 2 hours of Board approved continuing education in resident rights d.) Any costs of the probation are those of the certificate holder e.) Request in writing termination of probation A roll call vote was taken and passed unanimously, Complaint # Garcia, Benjamin Manager Open Date: 05/18/11 Investigator Smyth summarized the complaint for the Board. DHS conducted a compliance inspection at Sunshine Assisted Living, located at 2502 S. Cathy Ave., Tucson and identified 19 deficiencies in 11 different areas. Some of the deficiencies included: Facility manager designee requirements not met Employee TB testing requirement not met Medication not stored in locked area

6 September 12, 2011 NCIA Board Meeting Minutes Page 6 of 9 Facility fire code regulations not met Resident records not documented with receiving or refusing the pneumonia vaccination DHS took enforcement action and assessed a civil money penalty of $1, Mr. Garcia was present and answered the Board s questions regarding the DHS survey findings. Member Kidder made a motion that was seconded by Member Randolph 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 Benjamin Garcia 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.) $ civil money penalty payable within 6 months 2. Probation for 6 months that includes: a.) Retake a manager training course that is approved by the Board b.) Pass the state manager examination 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, 7 0. VII. 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 None Permanent Administrator Licenses Richardson, Peter DeLong, Barbara Beck, Michael Odegaard, Kelly Temporary Manager Certificates Cozens, Barbara Wright, Scott Wolford, Marta Nelson, Lita Permanent Manager Certificates Granna, Danielle Harwood, Deborah Harper, Susan Rideaux, Ishmael Hern, Shawn McInerney, Patsy Datoy, Mae Cozens, Barbara Benson, Margaret Hanc, Pamela Emeka, Charity Stangl, Adam Crisostomo, Marissa Wright, Scott Wolford, Marta Nelson, Lita Ferrer, Arianne Bocchino, Husnul Sachara, Kristine Fernandez, Ma. Grace Corazon Member Kidder recused himself as he knows Michael Beck. Member McAllister made a motion that was seconded by Member Iozzo to approve the permanent administrator license for Michael Beck, pending passing all required examinations within the substantive time frame or the license will be denied. The motion passed unanimously, 6 0.

7 September 12, 2011 NCIA Board Meeting Minutes Page 7 of 9 Member Kidder made a motion that was seconded by Member McAllister to approve the remaining 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, 7 0. B. Individual Board Review, Consideration and Action on applicant s 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. Bisla, Jegdeesh Permanent manager certification Licensing Coordinator Wilkinson outlined for the Board the issues related to the applicant s application. Applicant Jegdeesh Bisla was present and answered the Board s questions. Member McAllister made a motion that was seconded by Member Kidder to approve the permanent manager certificate. The motion passed unanimously, Nordmark, Bryan Permanent manager certification Licensing Coordinator Wilkinson outlined for the Board the prior criminal issue related to the applicant. Applicant Bryan Nordmark was present and answered the Board s questions. Member McAllister made a motion that was seconded by Member Larsen to approve the permanent manager certificate. The motion passed unanimously, Ward, Barbara Permanent manager certification Licensing Coordinator Wilkinson outlined for the Board the criminal issue related to the applicant. Ms. Ward was not present. Member Kidder made a motion that was seconded by Member McAllister to deny permanent manager certificate for not passing the manager exam with the substantive time fame. The motion passed unanimously, Carlos, Ariel Permanent manager certification Licensing Coordinator Wilkinson outlined for the Board the criminal history of the applicant. Applicant Ariel Carlos was present and answered the Board s questions. Member Larsen made a motion that was seconded by Member Stamo to approve the permanent manager certificate. The motion passed unanimously, Hintar, Oana Permanent manager certification Licensing Coordinator Wilkinson outlined for the Board the recent criminal issues related to the applicant.

8 September 12, 2011 NCIA Board Meeting Minutes Page 8 of 9 Applicant Hintar was present and answered the Board s questions related to her recent conviction of extreme DUI and criminal trespass. Member Balint made a motion that was seconded by Member Iozzo to deny Ms. Hintar certification based on ARS (C)(1) being of good character. The motion passed unanimously, 7 0. VIII. OTHER BUSINESS A. New Business: The Board may Review, Consider and take Action 24. NAB conference Member Randolph made a motion that was seconded by Member McAllister to approve sending President Kidder and Executive Director Imig to represent Arizona at the NAB conference in November. The motion passed unanimously, 7 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. 25. Financial Reports Executive Director Imig reviewed the financial reports with the Board. 26. Complaints Status Report Investigator Smyth reviewed the status of pending complaints and completed investigations. 27. Licensing Report Licensing Coordinator Wilkinson reported on statistics related to applicants, licenses and certificates that were issued last month. 28. Legislation Update Nothing reported at this time. The new legislative session opens in January. 29. Rules Update Executive Director Imig reported that the Governor s office had verbally notified the Board that the exception to rule making was approved. The Rules Committee is still reviewing the caregiver standards. 30. Board Meeting Critique The Board briefly critiqued the meeting. XI. FUTURE AGENDA ITEMS None were mentioned.

9 September 12, 2011 NCIA Board Meeting Minutes Page 9 of 9 XII. ADJOURNMENT Member Larsen made a motion that was seconded by Member McAllister to adjourn the meeting. The motion passed unanimously, 7 0. The meeting was adjourned at 12:40 p.m. The next regular meeting of the Board will be held on Monday, October 17, 2011 at 1400 W. Washington, Conference Room B-1, Phoenix, Arizona, at 9:00 a.m.