NORTH CAROLINA BOARD OF NURSING REGULAR BOARD MEETING September 20, 2012 MINUTES

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1 Approved as distributed January 10, 2013 NORTH CAROLINA BOARD OF NURSING REGULAR BOARD MEETING September 20, 2012 MINUTES Time and Place of Meeting Presiding Members Present Staff Present Ethics Awareness and Conflict of Interest Consent Agenda Consent Agenda A regular meeting of the North Carolina Board of Nursing was held at the North Carolina Board of Nursing office in Raleigh, North Carolina on May 17, Meeting convened at 8:45 a.m. Sara Griffith, RN (8:30 am 10:00 am) Nancy Bruton-Maree, RN, Chair (10:00 am 3:18 pm) Beverly Davis, RN Beverly Essick, RN James Forte, Public Member Daniel Hudgins, Public Member Deborah Jenkins, LPN Bobby Lowery, RN Cynthia Morgan, Public Member Bob Newsom, LPN Holly Rabinovich, RN Jackie Ring, RN Paul Rusk, LPN Peggy Walters, RN Julia George, RN, Executive Director Jack Nichols, General Counsel Linda Burhans, Associate Executive Director Education/Practice Brenda McDougal, Associate Executive Director - Operations Gayle Bellamy, Director of Finance Angela Ellis, Manager, Executive Office Ethics Awareness and Conflict of Interest Statement was read. No Conflicts of Interest were identified. The Consent Agenda be approved as amended. MOTION: That the Consent Agenda be approved as amended. Rusk/Passed. The following items were accepted/approved by the adoption of the Consent Agenda: Minutes of May 17, 2012 (Board Meeting) Finance Committee (a) Summary of Activities Board Governance Committee (a) Summary of Activities (b) Board Member Education Plan

2 Minutes, Regular Board Meeting, NC Board of Nursing 9/20/2012 Page 2 Education and Practice Committee (a) Education Program Activity (Attachment A) (b) 2012 Second Quarter NCLEX Pass Rates Licensure Review Panels (a) Licensure Review Panel Report (Attachment B) Hearing Committee Report (Attachment C) (a) Settlement Cases Report on Non-Hearing Discipline, Investigation/Monitoring, Practice Matters (Attachment D) (a) Administrative Actions on Non-Hearing Disciplinary Activities (b) Administrative Actions on Non-Hearing Compliance Matters (c) Administrative Actions on Non-Hearing Practice Matters Advisory Committee Drug Monitoring Programs (a) Summary of Activities Meetings/Conferences/Liaison Activities: (a) NCSBN Delegate Assembly (b) CAC Regulatory Management of Chemically Dependent Healthcare Practitioners (c) Nursing Education Research Conference 2012 Innovations in Nursing Education Research (d) Innovation to Transformation 2012 Quality and Safety Education for Nurses (QSEN) National Forum (e) NC Emergency Medical Services Advisory Council Meeting Meeting Agenda The Meeting Agenda be adopted as amended. MOTION: That the Meeting Agenda be adopted as amended. Lowery/Passed. Board Governance Received and reviewed the 2012 Board Assessment Action Plan to include verbal update regarding tentatively scheduled March 21, 2013 Education Session on Strategic Planning (Objective #1) and October 11-12, 2012 Board Retreat on Law/Rules (Objective #3). Received and reviewed proposed appointment of an Ad Hoc Committee to review qualifications and composition of the Board (Attachment E) MOTION: That the Board approve appointment of an Ad Hoc Committee (Profile attached) to review the qualifications and composition of the Board. The composition of the Ad Hoc Committee will include the following: 2 Current Board members Public Member Former Board Member Representative of NC Nurses Association Representative of LPN Association Executive Director of the Board of Nursing Committee Recommendation/Passed. Received and reviewed proposed balanced scorecard from the Performance Measures Task Force. The charge of the Task Force was to identify performance measurements for tracking program performance

3 Minutes, Regular Board Meeting, NC Board of Nursing 9/20/2012 Page 3 and strategic initiatives. MOTION: That the Board approve balanced scorecard to be prepared and presented to the Board annually. Committee Recommendation/Passed. Received verbal update regarding review of Policy B6 Representation at National/Regional Conference Meetings as requested at the May Board meeting. The Committee unanimously voted not to change the policy at this time. Open Comment Period The following individuals addressed the Board during Open Comment Period Ruzica Cvijanovic: Requested the Board consider expungement of public record related to discipline. Diane Nesbaum: Appeared on behalf of Ruzica Cvijanovic in support of request to expunge public records related to discipline. Dawn Moss: Requested reinstatement of her nursing license without restrictions. Presented additional documentation for the Board s consideration. Education & Practice Received update regarding Education and Practice Committee Summary of Activities Received and reviewed recommendation regarding first time NCLEX testing time limit MOTION: That the Board approve the following: 1. No NCLEX Testing Time Limit Rule changes are indicated due to lack of supporting evidence. 2. Revise Policy re: NCLEX Pass Rate Below Standard (Attachment A) effective January 1, 2013 as follows: When the NCLEX pass rate for a program includes results from first time test takers completing program requirements greater than 3 years prior to the current year, the following process will be used to calculate an adjusted pass rate for the purpose of determining program approval status. a. The official NCSBN reported NCLEX pass rate results of all first time test takers will be the official NCLEX pass rate. The official NCLEX pass rate will be reported in all official documents and on the NCBON website. b. The official NCLEX pass rate will be used to determine program approval status if program approval status would not be negatively affected by the first time test takers completing program requirements greater than 3 years prior to the current year. c. The NCLEX pass rate for first time test takers will exclude the NCLEX results for first time test takers completing program requirements greater than 3 years prior to the current year only if the program status would be negatively affected using the official pass rate. The adjusted NCLEX pass rate will be used to

4 Minutes, Regular Board Meeting, NC Board of Nursing 9/20/2012 Page 4 determine program approval status. The adjusted NCLEX pass rate will not be considered an official pass rate, will be used solely to determine program approval status during the time period affected by the pass rate, and will not replace the official NCLEX pass rate in any official document or on the NCBON website. Committee Recommendation/Passed. Received and reviewed report regarding Reexamination: Time and/or Frequency Limit. MOTION: That the Board make no changes to the Reexamination Rule or Policy due to the lack of supporting evidence. Committee Recommendation/Passed. Received and reviewed report regarding NCLEX-PN Testing and Licensure by Applicants Unsuccessful on the NCLEX-RN MOTION: That the Board approve the following: 1. No NCLEX Testing Requirement Rule or Policy changes are indicated due to the lack of supporting evidence. 2. Official NCBON communication to unsuccessful NCLEX-RN candidates will include a recommendation that the NCBON online course Understanding the Scope of Practice and the Role of the LPN be completed prior to taking the NCLEX-PN examination. This course is available free of charge. Committee Recommendation/Passed. 1/Opposed. Received and reviewed Education Consultant s report regarding Edgecombe Community College LPN Program Approval Status. MOTION: That the LPN program at Edgecombe Community College be found in compliance with Law and Rules, removed from Initial Approval status, assigned Full Approval Status, and be resurveyed in eight years. Davis/Passed. Received and reviewed Education Consultant s report regarding Halifax Community College LPN Program Approval Status MOTION: That the LPN program at Halifax Community College be found in compliance with Law and Rules, removed from Initial Approval status, assigned Full Approval Status, and be resurveyed in eight years. Morgan/Passed. Received and reviewed Education Consultant s report regarding Nash Community College LPN Program Approval Status MOTION: That the LPN program at Nash Community College be found in compliance with Law and Rules, removed from Initial Approval status, assigned Full Approval Status, and be resurveyed in eight years. Jenkins/Passed. Received and reviewed Education Consultant s report regarding Wilson Community College LPN Program Approval Status MOTION: That the LPN program at Wilson Community College be found in compliance with Law and Rules, removed from Initial Approval status, assigned Full Approval Status, and be resurveyed in eight years. Davis/Passed. Received and reviewed summary of data related to continuing competence. Effective January 1, 2013, the Board will increase the

5 Minutes, Regular Board Meeting, NC Board of Nursing 9/20/2012 Page 5 percentage of random audited licensees from 1% to 2%. Received and reviewed PSYCHOTHERAPY - AN ADVANCED PRACTICE NURSING INTERVENTION: Position Statement for Advanced Practice Registered Nurse Finance Committee Received and reviewed the Financial Statements for the Years Ended June 30, 2012 and 2011 as presented by Boyce Furr and Company, LLP. MOTION: That the Board accept the Financial Statements for the Years Ended June 30, 2012 and 2011 as presented by Boyce Furr and Company, LLP. Committee Recommendation/Passed Received and reviewed proposed revisions to F11 Fixed Assets (Attachment F) MOTION: That the Board approve revisions to F11 Fixed Assets in order to establish a threshold for reporting software purchased or developed for internal use and to increase the capitalization threshold for all other fixed assets from $3,000 to $5,000. Committee Recommendation/Passed. Meetings/ Conferences/ Liaison Activities Slate of Candidates for Board Office Executive Director Received, reviewed and discussed conference report of the NC Electronic Death Registration Business Partners Advisory Group meeting as presented by Eileen Kugler. Cindy Morgan, RN, presented the slate of candidates for the Chair and Vice- Chair positions for Candidates for Chair: Paul Rusk, LPN and Peggy Walters, RN. Candidates for Vice-Chair: Sara Griffith, RN. Jackie Ring, RN nominated from the floor as candidate for Vice-Chair. MOTION: That the slate of candidates for Chair and Vice-Chair be accepted as amended. Morgan/Passed. Received updates as follows: Provided update on NCSBN initiatives to include approval of Model Act and Rules and NCLEX-RN format. Julie George was re-elected to the Board of Directors as Treasurer. The following Board members and staff serve on NCSBN Committees: o Bobby Lowery Chair, Distance Learning Education Committee o Peggy Walters appointed to Education Committee o Dan Hudgins current member Finance Committee o Brenda McDougal re-elected Leadership Succession Committee o Jennifer Lewis appointed to NCLEX Item Review Committee o Eileen Kugler appointed to APRN Committee Provided update on the Employment Notification System (ENS) as well as LiveScan. Received and reviewed 2012 Strategic Plan Roadmap. Highlighted several of the activities under the Strategic Initiatives. Provided update on Coordinating Council for Future of Nursing Action Coalition.

6 Minutes, Regular Board Meeting, NC Board of Nursing 9/20/2012 Page 6 Provided update regarding collaboration with NCSBN and SHEPS center to provide workforce data. Received and reviewed Office of the Inspector General (OIG) Exclusion List and Refresher Students. Effective immediately: 1. Licensees whose names appear on the OIG Exclusion Database must initiate a request for early removal from the database prior to beginning a Board approved refresher program. 2. Evidence of removal from the OIG Exclusion Database must be provided to the Board prior to beginning a Board approved refresher course. 3. A letter will be sent to all Nurse Refresher Program Coordinators. Joint Sub Committee Received brief verbal report. Bobby Lowery new Chair for Joint Sub. Received and reviewed Nurse Practitioner Compliance Report. Hearing Committee Received and reviewed recommended decision and order regarding Elizabeth McDaniels, LPN. MOTION: Based on the foregoing Findings of Fact and Conclusions Of Law, it is Recommended that the LPN license of Elizabeth Gibson McDaniels be SUSPENDED for one (1) year and if until she meets the following requirements as identified in the Guidelines for Reinstatement following Voluntary Surrender- Drugs. At the time of request for reinstatement of the license, Ms. McDaniels must appear before the Licensure Review Panel to present the required evidence and to show that she is safe and competent to re-enter practice. Committee Recommendation/Passed. Received and reviewed recommended decision and order regarding Crystal Williams, RN MOTION: Based on the foregoing Findings of Fact and Conclusions of Law, it is Recommended that Crystal Councilman Williams be issued a probationary license. The probationary conditions will remain in effect for one (1) year and until Ms. Williams appears before the Licensure Review Panel of the Board. Ms. Williams will be expected to appear before the Licensure Review Panel of the Board within forty-five (45) days after the final adjudication of the pending DWI charge. Failure to appear will result in the probationary conditions being suspended until her appearance before the Licensure Review Panel. Additionally, within forty-five (45) days of this order, Ms. Williams must have an evaluation by a Board approved Addictionologist to determine her propensity for alcohol dependence/abuse. Ms. Williams will be expected to follow all recommendations of the Addictionologist. If Ms. Williams is diagnosed with alcohol dependence, she must enter the Chemical Dependency Discipline Program (CDDP). Failure to enter the program will result in suspension of the probationary conditions and the license will remain suspended for a minimum of one (1) year. Committee Recommendation/Passed. Received and reviewed recommended decision and order regarding Terry Ann Wells, RN

7 Minutes, Regular Board Meeting, NC Board of Nursing 9/20/2012 Page 7 Drug Monitoring Programs Advisory Committee Drug Monitoring Programs MOTION: Based on the foregoing Findings of Fact and Conclusions of Law, it is Recommended that the Registered Nurse license of Terry Ann Wells be suspended for a period of one (1) year or Ms. Wells may choose to enter the Chemical Dependency Discipline Program. If Ms. Wells chooses to surrender her license for one (1) year, she will have to meet the Reinstatement Requirements Following Voluntary Surrender- Drugs to be considered for reinstatement of the license. At the time that she meets those guidelines, she will have to appear before the Licensure Review Panel of the Board to seek reinstatement of her license and to show that she is safe and competent to reenter practice. Committee Recommendation/Passed. Received and reviewed recommended decision and order regarding Karen Aristide, RN. MOTION: Based on the foregoing Findings of Fact and Conclusions of Law, the Board upholds the Order of Summary Suspension of the Registered Nurse license of Kareen Aristide. Committee Recommendation/Passed. Received and reviewed overview of 2010 CAC Recommendations Received and reviewed program statistics to include two non-published programs - the Alternative Program (AP) and the Intervention Program (IP) - and two disciplinary published programs - Chemical Dependency Discipline Program (CDDP) and Intervention Discipline Sanction (IDS). Received and reviewed NCSBN Substance Use Disorder Guidelines MOTION: That the Board adopt NCSBN Substance Use Disorder Guideline which requires attendance at a minimum of three (3) 12-step or other approved self-help meetings per week (not including Aftercare, relapse preventions, nurse support) for the duration of the contract. Committee Recommendation/Passed. Received and reviewed Advisory Committee for Drug Monitoring Programs Membership MOTION: That the Board approve the appointment of Gary Leonhardt, MD to fill the position of Addictionologist on the Advisory Committee for Drug Monitoring Programs for the term from January 1, 2013 until December 31, Committee Recommendation/Passed. Executive Session MOTION: 12:30 pm Executive Session for discussion of legal matters. Jenkins/Passed Open Session MOTION: 12:50 pm Open Session Walters/Passed Public Hearing A Public Hearing was held to receive comments regarding proposed revisions to the following Rules: 21 NCAC Prescribing Authority (Attachment G)

8 Minutes, Regular Board Meeting, NC Board of Nursing 9/20/2012 Page 8 LRP Appeal Gwendolyn Gillins Fennell Wimes, RN, appeared with her attorney, John Kirby Executive Director (continued) Received update on the NCSBN Transition to Practice Project from Ashley Trantham, State Coordinator. Received preview of re-designed Board website from Gary Potts with Cornerstone. Results of Election of Officers Presentation of Resolutions and Plaques Cindy Morgan announced the results of the Chair/Vice-Chair election for the year 2013 as follows: Chair: Peggy Walters, RN Vice-Chair: Sara Griffith, RN Julie George presented Resolutions (Attachment H) and plaques to Nancy Bruton-Maree, RN; Beverly Davis, RN; Dan Hudgins, Public Member; Cindy Morgan, Public Member; and, Holly Rabinovich, RN. Further, plaques were presented to Nancy Bruton-Maree, RN and Sara Griffith, RN recognizing their service in 2012 as Chair and Vice-Chair respectively. Executive Session MOTION: 2:25 pm Executive Session for discussion of LRP Appeal and Legal Matters Jenkins/Passed Open Session MOTION: 3:10 pm Open Session Griffith/Passed LRP Appeal MOTION: In the matter involving Gwendolyn Gillins Fennell Wimes, the Board orders that the decision of the Licensure Review Panel be upheld. Contingent upon successful completion of a Board approved Refresher Course, Ms. Wimes license will be reinstated with the following probationary conditions: 1. Must comply with the Board s Probation Program. Licensee shall fully comply with the terms and conditions of the Probation Program established by the Board and cooperate with representatives of the Board in its monitoring and investigation of the licensee s compliance with the Program. 2. Must notify the Board, in writing within five (5) days of any change in address or employer. This includes new employment or probation, suspension, termination/resignation from employment. 3. Must have quarterly written performance reports submitted to the Board from all employers. The quarterly reports must involved three (3) consecutive months of employment in the same facility and must show an average of sixty four (64) hours worked per month. 4. Must continue to perform duties in a safe and competent manner, satisfactory to the Board. 5. Must notify the Board in writing, within five (5) days of any DUI, misdemeanor/felony charges. Following final disposition of the

9 Minutes, Regular Board Meeting, NC Board of Nursing 9/20/2012 Page 9 charges, notify the Board, in writing, within three (3) days of the outcome. 6. During the period of probation shall appear in person at interview/meetings as directed by the Board. 7. All conditions of this probationary license shall be completed within twenty-four (24) months or this license shall become void unless modified by the Board. 8. Shall work for at least twelve (12) months under the direction of an onsite RN. 9. Shall not work for a nurse staffing agency; home health agency; private duty or home hospice. 10. Must submit to random drug screens showing chain of custody 11. Must remain alcohol/drug free 12. Must submit within five (5) days healthcare provider medication reports to the Board when prescription medications are ordered or refilled. 13. Must submit a statement to the Board in writing within three (3) days when takes an over the counter antihistamine, decongestant, or cough syrup. All probationary conditions will remain in effect for twelve (12) months and until the licensee has successfully complied with the Board s conditions. If Ms. Wimes fails to meet the requirements of this Order, his/her license to practice will be suspended and he/she must meet the criteria for a minimum of one (1) year sobriety prior to consideration for reinstatement and reappear before the Licensure Review Panel. Failure to submit the reports within the prescribed period of time may be grounds for suspension or revocation of the license and the Executive Director of the Board is authorized to suspend or revoke the license at her discretion after investigation of the failure to submit the reports and the reason for such failure. Lowery/Passed. Adjournment MOTION: 3:18 pm Meeting be adjourned. Morgan/Passed. Minutes respectfully submitted by: 9/26/12 Date Submitted Angela Ellis, Manager, Executive Office 1/13/13 Date Approved Julia L. George, RN, MSN, FRE Executive Director

10 Minutes, Regular Board Meeting, NC Board of Nursing 9/20/2012 Page 10 ATTACHMENT A TOOK THE FOLLOWING ACTIONS REGARDING EDUCATION MATTERS BY THE ADOPTION OF THE CONSENT AGENDA EDUCATION PROGRAM ACTIVITY Ratification of Full Approval Status Montgomery Community College, Troy PNE FYI Accreditation Decisions by CCNE (Initial or Continuing Next Visit) UNC-Chapel Hill, Chapel Hill BSN Continuing accreditation and next evaluation visit in Fall 2021 FYI Accreditation Decisions by NLNAC Mercy School of Nursing, Charlotte Hospital Diploma Continuing accreditation and next evaluation visit in Fall 2019 Rowan-Cabarrus Community College, Kannapolis ADN Continuing accreditation and next evaluation visit in Spring 2020 Rowan-Cabarrus Community College, Kannapolis PNE Initial accreditation and next evaluation visit in Spring 2017 Watts School of Nursing, Durham Hospital Diploma Continuing accreditation and next evaluation visit in Fall 2019 Ratification to Approve the Following Expansions in Enrollment Carolinas College of Health Sciences, Charlotte ADN Increase of 20 students for a total of 270 effective January 1, 2013

11 Minutes, Regular Board Meeting, NC Board of Nursing 9/20/2012 Page 11 ATTACHMENT B The Licensure Review Panel met on May 10, 2012 and submits the following report regarding actions taken: Reviewed 3 candidates for reinstatement Reviewed 1 candidate request for extension of probationary conditions Reviewed 1 candidate for endorsement Mary Glenn, RN# : Reinstate with Letter of Concern. ACCEPTED Kathy Ostertag, RN# : Reinstate with probationary conditions for 1 year after successful completion of Legal Scope of Practice Course - ACCEPTED Damon Arrington, RN# NP: Reinstate RN with probationary conditions for two (2) years unless he is approved by Board approved psychologist to independently provide care for female patients following a formal assessment in 1 year. No NP approval for the duration of probationary license. Continue in therapy. Suspended for 5 years if fails to comply. ACCEPTED Mary Kay Andrews, RN# : Granted 12 months extension. ACCEPTED Nina Grantham, LPN Endorsement: Probationary conditions for 1 year. ACCEPTED The Licensure Review Panel met on June 14, 2012 and submits the following report regarding actions taken: Reviewed 2 candidates for reinstatement Reviewed 4 candidate request for extension of probationary conditions Reviewed 1 candidate for endorsement Johnna Massey, LPN: Reinstate with probationary conditions for 6 months contingent upon declaration of NC as her primary state of residence. ACCEPTED Jodi Hill, LPN Reinstate without conditions. ACCEPTED Sandra Ayesh, RN: Granted 6 month extension. No additional extensions will be granted. License will be suspended for 1 year if she does not comply ACCEPTED Patricia Blakley, RN : Granted 12 month extension to complete. ACCEPTED Isabella Cradle, LPN Extension of probationary conditions denied. Neuro-psychiatric evaluation to assess fitness for duty with evaluation of medications; must follow recommendations of neuro-psychiatrist and return to LRP for reinstatement. ACCEPTED /Recusal -Jenkins Kasey Midgette, LPN: Extend probationary conditions for 12 months. ACCEPTED Brandance Blankenship, Endorsement Applicant Offered CDDP participation. ACCEPTED

12 Minutes, Regular Board Meeting, NC Board of Nursing 9/20/2012 Page 12 The Licensure Review Panel met on July 12, 2012 and submits the following report regarding actions taken: Reviewed 8 candidates for reinstatement Reviewed 1 candidate request for extension of probationary conditions Reviewed 1 candidate for endorsement Reviewed 1 candidate request for removal of probationary conditions Judy Bullis, RN: Reinstate following successful completion of refresher course, with probationary conditions for 1 year. ACCEPTED Cassandra Williams, RN: Reinstate with probationary conditions for 1 year. ACCEPTED Mary Wells, LPN: Reinstate with probationary conditions for 1 year minimum or longer to complete court probation; required psychological evaluation. ACCEPTED Donna Reynolds, LPN: Reinstate without conditions. ACCEPTED Amy Stroupe: Reinstate with pobationary conditions for 1 year and 2 required remedial courses within 3 months ACCEPTED Michelle Brinkley, RN: Offered participation in CDDP. ACCEPTED Merriam Burke, RN: Offered participation in CDDP. ACCEPTED Jeannie Berry, RN: Reinstate with probationary conditions for 1 year; Addictionologist eval within 3 months. ACCEPTED Angela Whittaker, RN: Extension granted for 1 year. ACCEPTED Theresa Horton: Initial licensure granted with probationary conditions for 12 months.pl 1-7, 8e, and two (2) required courses ACCEPTED Paulette Hillis: Reinstate without conditions ACCEPTED The Licensure Review Panel met on August 9, 2012 and submits the following report regarding actions taken: Reviewed 4 candidates for reinstatement Reviewed 3 candidates request for extension of probationary conditions Kay Brown Caban (Miller), RN: Offered participation in CDDP. ACCEPTED Gwendolyn Gillins-Wimes, LPN: Reinstate following successful completion of Refresher Course with probationary conditions for 1 year. DECLINED Shannon Jewell, RN: Reinstate without conditions. ACCEPTED Rebecca Gwyn Swan, RN: Offered participation in CDDP following completion of Refresher Course. ACCEPTED Angela Iyere, LPN: Granted 6 month extension; remove on-site RN and home health. ACCEPTED Joanna Gedraitis, RN: Extend 1 year; remove drug screening; add therapist reports. ACCEPTED Lindsay Vaux, RN: Granted 12 month extension remove RN on-site; no

13 Minutes, Regular Board Meeting, NC Board of Nursing 9/20/2012 Page 13 Reviewed 2 candidates for endorsement Reviewed 1 exam candidate for initial licensure screening. ACCEPTED Cathy Chapin, LPN Endorsement: Granted initial licensure with Reprimand - **single state license** - ACCEPTED Lisa Manning, LPN Endorsement: Granted initial licensure with no conditions. ACCEPTED Grant Visbeen, Initial Licensure: Granted initial licensure with requirement to notify BON of outcome of 8/20/2012 Superior Court case. ACCEPTED

14 Minutes, Regular Board Meeting, NC Board of Nursing 9/20/2012 Page 14 ATTACHMENT C The Hearing Committee met on August 17, 2012 and submits the following report: Reviewed 1 case for Settlement Andrea Nance, RN, NP: Ms. Nance s NP approval will be suspended for one (1) year. However the Board will Stay the Suspension and Ms. Nance will be issued an Approval to Practice with probationary conditions. All probationary conditions will remain in effect for twelve (12) months and until the licensee has successfully complied with the Board s conditions. In addition, she must successfully complete a Board approved Ethical Legal Decision Making Course with an emphasis on pharmacology and appropriate prescribing of controlled substances. The course must be completed within three (3) months of signing this Order or the approval to practice will be suspended and Ms. Nance will have to appear before the Joint-Sub Committee to seek reinstatement of the approval to practice. [Accepted]

15 Minutes, Regular Board Meeting, NC Board of Nursing 9/20/2012 Page 15 ATTACHMENT D TOOK THE FOLLOWING ACTIONS REGARDING NON-HEARING ACTIVITIES BY THE ADOPTION OF THE CONSENT AGENDA Ratified Absolutions as follows: Linda Hancock Hicks, RN (Hampton, VA) Rhonda Jean Lewallen, RN (Asheboro) Ratified Voluntary Surrender of Privilege to Practice as follows: Linda A. Keen, Compact RN (Nelson, VA) diversion of drugs; controlled substances Ratified the Issuance of Reprimands as follows: Michael Alan Caine, RN (Fayetteville) breach of patient confidentiality Kelly Ann Curtis, LPN (North Syracuse, NY) fraud; falsification of application seeking licensure William Alan Fields, RN (Jacksonville, FL) impaired on duty; alcohol Yolanda D. Jemison, LPN (Charlotte) fraud; falsification of application seeking licensure Marissa Johnson, LPN (Raleigh) fraud; falsification of application seeking licensure Kathryn Irene Jones, RN (Weaverville) fraud; falsification of application seeking licensure Rose Marie Lowe, LPN (Charlotte) fraud; falsification of application seeking licensure Kim L. Malachi, LPN (Greensboro) fraud; falsification of application seeking licensure Tracy Lynn Rice, LPN (Murphy) fraud; falsification of application seeking licensure Elham Shafie, RN (Raleigh) fraud; falsification of application seeking licensure Dina Marie Sorensen, RN (Arden) fraud; falsification of application seeking licensure Alyson Beech Taylor, RN (San Diego, CA) fraud; falsification of application seeking licensure Debra Ann Turner, RN (Charlotte) fraud; falsification of application seeking licensure Caroline Merrick Williams, LPN (Arden) fraud; falsification of application seeking licensure Ratified the Issuance of Reprimand with Conditions as follows: Billie Solomon Biddy, RN (Thomasville) exceeding scope Vonetta Estelle Buie, LPN (Roseboro) failure to maintain licensure; practicing without a license Angela M. Carter, RN (Fayetteville) breach of patient confidentiality Marianne Thomas Cayruth, RN (Charlotte) documentation errors; discrepancies in documentation of controlled substances Catherine Michelle Hahn, RN (Denver) failure to maintain licensure; practicing without a license James Timothy Johnson, LPN (Atkinson) exceeding scope Susan Hunt Johnson, RN (Pittsboro) documentation errors; failure to maintain an accurate medical record Lauren Marie Leviner, RN (Cordova) action in another jurisdiction Cynthia Carol Moses, RN (Salisbury) failure to adequately supervise; false claims Lisa Dawn Nikaeen, LPN (Middlesex) failure to maintain licensure; failure to comply with Continuing Competency Amber Grace Peterson, LPN (Asheville) neglect; failure to assess/evaluate Kristen Marie Phillips, Rn (Wade) documentation errors; discrepancies in documentation of controlled substances Rhonda Michelle Rowe, LPN (Tarboro) withholding crucial information; practicing beyond scope Patricia Ann Trempus, LPN (Wendell) failure to maintain licensure; practicing without a license Ratified Evaluation with Conditions Denise Fossett Cavileer, RN (Rocky Point) court convictions Ratified Issuance of Probation with Conditions as follows: Shay Babb Futrell, LPN (Seaboard) court conviction; criminal charges nolo contendere plea Donna Seay Hankins, LPN (Gastonia) court conviction; criminal charges nolo contendere plea Mitchell Craig Moehring, RN (Hillsborough) neglect; failure to perform prescribed treatments Kashaun Muhammad, LPN (Greensboro) court conviction; criminal charges nolo contendere plea Rebecca Louise Torres, RN (Indianapolis, IN) court conviction; DWI

16 Minutes, Regular Board Meeting, NC Board of Nursing 9/20/2012 Page 16 Ratified Probation with Drug Screening: Jacqueline Ann Clemmons, LPN (Williamston) documentation errors; falsification of medical records Jennifer Bormann Ladele, RN (Concord) impaired on duty; drugs Michelle Rae Peterson, RN (Mooresville) court conviction; DWI Carolyn Parsley Starnes, RN (Denver) impaired on duty Heidi Jane Stebbins, RN (Marshall) documentation errors; discrepancies in documentation of controlled substances Sharon Benton Wilkinson, RN (Raleigh) exceeding scope Ratified Suspension of Probationary License as follows: CDDP: Angela Ray Bunton, RN (Hamptonville) Deborah Garner Dillard, RN (Pfafftown) Jason Brannon Frye, RN (Rockingham) Joanne Collins Hatcher, RN (Laurinburg) Laura Lee Peterson, RN (New Bern) Illicit Drug and Alcohol/Intervention Program: Catherine Ewing Barger, RN (Wilmington) Jonathan Allen Boger, RN (Wilmington) JlieElizabeth Couch, RN (Raleigh) Kenya Nicole Edwards, LPN (Greenville) Sherry Ann Little, LPN (Wingate) Andrew Mokoko Mokeba, LPN (Asheboro) Cynthia Ann Tessin, LPN (Oxford) Probationary Licenses Drug Screening: Wanda Denise Foushee, RN (Fayetteville) Jennifer Lee Spender, LPN (Mt. Airy) Deborah Wilson Thomas, RN (Vanceboro) Karen Rickman Woodall, RN (Monroe) Ratified CDDP Reinstatements: Deborah Honeycutt Beaver, RN (Landis) Michelle Ann Binkley, RN (Gilroy, CA) Brandance Blankenship, RN (Durham) Merriam Lavon Burke, RN (Charlotte) Kaye Brown Caban, RN (Vanceboro) Deborah Dillard, RN (Pfafftown) Christopher James Graham, RN (Greensboro) Nancy R. Rhodes, RN (Asheville) Thomas Joseph Rinkacs, RN (Laurinburg) Beverly Wells Storck, RN (Greenville) Tamara Lacy Stroud, RN (Carolina Beach) Ratified Staff Reinstatements as follows: Susan Crouch, RN (Durham) Carroll Steve Deberry, LPN (Morven) Lora Farley Grimmett, LPN (Stoney Point) Accepted the Voluntary Surrender as follows: Elizabeth Laprade Anderson, RN (Durham) diversion of drugs; prescription forgery/fraud Marie E. Baum, LPN (Morganton) positive drug screen Jennifer Addison Boyd, LPN (Marion) positive drug screen Latonya Janelle Brailsford, Compact RN (Dalzell, SC) diversion of drugs; controlled substances Michael Eric Burke, RN (Charlotte) diversion of drugs; controlled substances

17 Minutes, Regular Board Meeting, NC Board of Nursing 9/20/2012 Page 17 Berkley Lyn Croft, LPN (Winnabow) theft; patient property Sylvia Addy Frazier, RN (Tryon) impaired on duty Lori Hicks Greenhill, RN (Durham) diversion of drugs; controlled substances Melissa Burnett Guarisco, RN (New Bern) impaired on duty; drugs Lauren Ashley Harold, RN (Raleigh) diversion of drugs; controlled substances Tammy Syrell Hollar, LPN (Lenoir) impaired on duty; drugs Lynne McGee Ingle, RN (Charlotte) diversion of drugs; controlled substances Kelly Draughn Johnston, RN (Graham) diversion of drugs; prescription forgery/fraud Melisa Ann Lamberth, RN (Salisbury) impaired on duty; drugs Lori Chappell Lynch-Senter, RN (Lenoir) impaired on duty; drugs Amanda Nicole Macdougall, RN (Cornelius) diversion of drugs; controlled substances Willie Shannon Miller, RN (Denton) diversion of drugs; controlled substances Wendy Harrell Mundy, LPN (Winston-Salem) diversion of drugs; prescription forgery/fraud Shannon Reeves Richey, RN (Winston-Salem) diversion of drugs; controlled substances Marissa Gayle Rose, Compact RN (Stanton, KY) diversion of drugs; controlled substances Lu Cinda Sealey, LPN (Sunset Beach) diversion of drugs Anastasia Shinas, RN (Charlotte) diversion of drugs; controlled substances Angela Christine Stevens, RN (Wendell) diversion of drugs; controlled substances Anthony Daniel Toler, RN (Clemmons) diversion of drugs; controlled substances Terri Grady Winder, RN (Kannapolis) positive drug screen Christina Suzanne Winstead, RN (Kenly) impaired on duty; drugs Ratified acceptance of Voluntary Surrender for failure to comply with Alternative Program as follows: Mona Camp Bechtel, RN (Sanford) Betsy Wright Buchanan, RN (Gastonia) Marlene Dawn Carlton, RN (Hickory) Daryl Lou Clark, LPN (Cullowhee) Rochelle Mazur Copeland, RN (Hertford) Michelle Soloranzo Deak, RN (Fayetteville) Melissa D. Dye, LPN (Bladenboro) Tiffany Smith Ellis, RN (Henderson) Rebecca Parker Greene, RN (Thomasville) Helen Topper Horne, RN (Fayetteville) Wendy Gilmore James, RN (Monroe) Maureen Herr Marks, RN (Durham) Sarah Ann Pace, RN (Knightdale) Laura Marie Rivenbark, RN (Leland) Cortney Ann Strickland, RN (Clinton) Cheryl Ann Turner, RN (Monroe) Ratified Suspension as follows: Susan Renee Barrett, LPN (Charlotte violating conditions imposed by the Board Jennifer Inman Ferster, LPN (Sunset Beach) violating conditions imposed by the Board Wendy Summerlin Hammonds, RN (Whiteville) violating conditions imposed by the Board Labritta Lynn Rule, LPN (Youngsville) violating conditions imposed by the Board Amy Pressley Stroupe, RN (Wadesboro) violating conditions imposed by the Board Ratified Suspension with Conditions as follows: Teresa Bumgarner Eaton, RN (Mocksville) neglect; failure to make home visits Allison Wright-Greer, RN (Topton) neglect; falsification of patient medical records Ratified Suspension with Stay and Conditions as follows: Denise Cloninger Brissie, RN (Charlotte) neglect; sleeping on duty Lesa Maney Childress, LPN (Greensboro) neglect; failure to assess/evaluate Carolyn S. Costner, RN (Shelby) unsafe practice; medication/treatment/care errors

18 Minutes, Regular Board Meeting, NC Board of Nursing 9/20/2012 Page 18 Susan Elaine Crouch, RN (Durham) action in another jurisdiction Elizabeth Gilliam Brooks, RN (Roxboro) failure to maintain accurate record; withholding crucial patient information Zetta Sechler Earnhardt, RN (China Grove) fraud Carol Ann McCants, LPN (Sanford) neglect; failure to assess/evaluate Mitchell Craig Moehring, RN (Hillsborough) neglect; failure to perform prescribed treatments Mary Jean Smith Poteat, RN (Mills River) neglect; failure to assess/evaluate Shameka Harris Rudd, LPN (Rocky Mount) documentation errors; falsification of medical records Krystle Brooke Shields, RN (Greenville) documentation errors; falsification of medical records Ratified Completion of Probation as follows: Lovie Abdelaal, LPN (Greensboro) Barbara J. Adams, RN (Beaufort) Crystal Baysden, RN (Kinston) Emily Winstead Bradsher, RN (Blanch) Amanda Hardee Brownson, LPN (Morehead City) Kim Tesh Cates, RN (Charlotte) Angela Dalton, LPN (Colfax) Pauline Nesmith Elliott, RN (Fayetteville) Katharine Collins Forney, RN (Hickory) Clara Louisa Gredziuk, RN (Wilmington) Jacqueline Harrell, RN (Charlotte) Carolyn Heatherly, RN (Hendersonville) Paulette V. Hillis, RN (Sanford) Sarah A. Ignoffo, LPN (Concord) Jennifer Jackson, RN (Waxhaw) Carolyn Johnson, LPN (Goldsboro) Mary Keegan, RN (Albemarle) Corrinne Machado, RN (Morrisville) Karrie Ann Moraitis, RN (Conover) Nicole Ebbonie Moss, LPN (Fayetteville) Kristie Nowak, RN (Holly Springs) Michael Irvin Quick, RN (Clayton) Sandra Fleming Richardson, RN (Clinton) Ann Richle, RN (Angier) Jennifer Rodriguez, LPN (Wilmington) Kelli Mathis Russell, RN (Mill Spring) Lisa Scarth, LPN (Pittsboro) Andrea Smith Stallings, RN (Salisbury) Jill Towne-Eklund, RN (Concord) Auderia Ward, LPN (Mt. Olive) Bertha Wilson, RN (Leland)

19 Minutes, Regular Board Meeting, NC Board of Nursing 9/20/2012 Page 19 ATTACHMENT E Committee Title: Authority: Committee Purpose: Size/Composition/Appointment Frequency of Meetings: Duties/Responsibilities: Chairperson: Duties/Responsibilities of Committee Members: Board Composition and Tenure Ad Hoc Committee GS (B)(13) The Ad Hoc Committee brings individuals together to assist the Board in gathering meaningful data to make an informed decision regarding Board composition, leadership and terms The Ad Hoc Committee will be composed of the following membership approved by the Board: North Carolina Nurses Association (NCNA) Representative North Carolina Licensed Practical Nurses Association (NCLPNA) Representative Two (2) currently seated Board members One (1) public member One (1) former Board member North Carolina Board of Nursing Executive Director Recommendations for individual appointees to the committee are submitted by the Board Governance Committee. Each appointment shall be one (1) year or until the charges set forth have been completed. The Committee will hold at least three (3) to four (4) meetings to complete its charges One (1) of the currently seated Board members shall serve as Chair of the Ad Hoc Committee. The Chair is responsible for presiding over the meetings. Chair will set agenda in collaboration with staff member, lead discussion and present reports/recommendations for consideration to full Board. 1. Provide input and information regarding experiences with Board compositions, leadership and terms and, if requested, assist in gathering data for review 2. Review collected data and engage in discussion to reach consensus on Board recommendations 3. Make recommendations to the Board regarding potential Law/Rule changes or implementation of policies related to Board composition, leadership and terms

20 Minutes, Regular Board Meeting, NC Board of Nursing 9/20/2012 Page 20 Committee Reporting Requirements: If other staff participate, Identify who and role of each Board Support: Duties/Responsibilities: Staff Support: Reports directly to the Board Other staff, including legal counsel, may attend/provide input as needed for Committee s work. Manager, Executive Office The Manager, Executive Office is responsible for: 1. assist the Chair and Executive Director, in setting the agenda for meetings; 2. assist with data gathering, distribution of surveys and data compilation; 3. minute taking, record keeping and assistance with presentations to the full Board Administrative Coordinator

21 Minutes, Regular Board Meeting, NC Board of Nursing 9/20/2012 Page 21 POLICY NUMBER: F-11 AREA: Fiscal ATTACHMENT F AUTHORITY: GASB Statement No. 34; GASB Statement No. 51 TOPIC: Fixed Assets PURPOSE: To establish a system to record and depreciate capital assets. DATE APPROVED: May 20, 2011 Policy Statement/Procedure: A capital asset is property, such as land, buildings, furniture and equipment, with a cost equal to or greater than $3,000 $5,000 and a useful life of two or more years. Capital assets are acquired for use in normal operations and are not for resale. These assets are subject to depreciation. All capital assets are entered into the Fixed Asset System. Assets costing below $3,000 $5,000 are expensed; they are not capitalized or depreciated for financial reporting purposes but may be inventoried for insurance purposes. Capital assets containing separate physical parts (i.e. PC, keyboard, and printer) are not considered one asset having one or more component parts. Each separate part is a separate asset and is individually recorded according to the capitalization threshold. According to GASB, capital assets are recorded at historical cost. Cost includes purchase price or cost of construction plus any other charges incurred to place the asset in its intended location and condition for use. Examples of other charges include transportation and set up. Service plans are not capitalized. Depreciation Depreciation is the allocation of the total acquisition cost of a capital asset over the estimated useful life. The straight-line method of depreciation is used with an anticipated salvage value of zero. Software Software purchased or developed for internal use is expensed and not capitalized for financial reporting purposes. Software purchased or developed for internal use is capitalized if cost is equal to or greater than $500,000 and has a useful life extending beyond a single reporting period. Costs to be capitalized include application development and implementation. Modifications to existing software are capitalized only if they increase functionality and extend the useful life. Otherwise modifications are expensed as incurred.

22 Minutes, Regular Board Meeting, NC Board of Nursing 9/20/2012 Page 22 ATTACHMENT G 21 NCAC is proposed to be amended as follows: 21 NCAC PRESCRIBING AUTHORITY (a) The prescribing stipulations contained in this Rule apply to writing prescriptions and ordering the administration of medications. (b) Prescribing and dispensing stipulations are as follows: (1) Drugs and devices that may be prescribed by the nurse practitioner in each practice site shall be included in the collaborative practice agreement as outlined in Rule.0810(b) of this Section. (2) Controlled Substances (Schedules II, IIN, III, IIIN, IV, V) defined by the State and Federal Controlled Substances Acts may be procured, prescribed or ordered as established in the collaborative practice agreement, providing all of the following requirements are met: (A) the nurse practitioner has an assigned DEA number which is entered on each prescription for a controlled substance; (B) dosage units for schedules II, IIN, III, and IIIN are limited to a 30 day supply; and (C) the supervising physician(s) must possess the same schedule(s) of controlled substances as the nurse practitioner's DEA registration. (3) The nurse practitioner may prescribe a drug or device not included in the collaborative practice agreement only as follows: (A) upon a specific written or verbal order obtained from a primary or back-up supervising physician before the prescription or order is issued by the nurse practitioner; and (B) the written or verbal order as described in Part (b)(3)(a) of this Rule shall be entered into the patient record with a notation that it is issued on the specific order of a primary or back-up supervising physician and signed by the nurse practitioner and the physician. (4) Refills may be issued for a period not to exceed one year. (5) Each prescription shall be noted on the patient's chart and include the following information: (A) medication and dosage;

23 Minutes, Regular Board Meeting, NC Board of Nursing 9/20/2012 Page 23 (B) amount prescribed; (C) directions for use; (D) number of refills; and (E) signature of nurse practitioner. (6) Prescription Format: (A) all prescriptions issued by the nurse practitioner shall contain the supervising physician(s) name, the name of the patient, and the nurse practitioner's name, telephone number, and approval number; (B) the nurse practitioner's assigned DEA number shall be written on the prescription form when a controlled substance is prescribed as defined in Subparagraph (b)(2) of this Rule. (7) A nurse practitioner shall not prescribe controlled substances, as defined by the state and Federal Controlled Substances Acts, for the nurse practitioner s own use nor that of a nurse practitioner s supervising physician, nor that of a member of the nurse practitioner s immediate family, which shall mean a spouse, parent, child, sibling, parent-in-law, son or daughter-in-law, brother or sister-in-law, step-parent, step-child, step-siblings, or any other person living in the same residence as the licensee, or anyone with whom the nurse practitioner is having a sexual relationship and/or has a significant emotional relationship. (c) The nurse practitioner may obtain approval to dispense the drugs and devices other than samples included in the collaborative practice agreement for each practice site from the Board of Pharmacy, and dispense in accordance with 21 NCAC , that is hereby incorporated by reference including subsequent amendments of the referenced materials. History Note: Authority G.S ; ; 90-18(14); ; (b)(14); Recodified from 21 NCAC (h) Eff. August 1, 2004; Amended Eff. December 1, 2012; April 1, 2011; November 1, 2008; August 1, 2004.

24 Minutes, Regular Board Meeting, NC Board of Nursing 9/20/2012 Page 24 ATTACHMENT H IN APPRECIATION OF Nancy Bruton-Maree Beverly Davis Holly Rabinovich Daniel Hudgins Cynthia Morgan WHEREAS, WHEREAS, WHEREAS, WHEREAS, RESOLVED, RESOLVED, the North Carolina Board of Nursing is charged with the responsibility of regulating the practice of nursing in order to assure safe nursing care for the public; and membership on the Board reflects a commitment to the public and the profession and a willingness to provide leadership in nursing in North Carolina; and Board activities have required much time and energy from members; and you have willingly and actively participated in numerous activities as a member of the Board; therefore, be it that the North Carolina Board of Nursing recognize and express appreciation for the many contributions made by you and the leadership role you have provided in North Carolina; and be it further that a copy of this resolution be attached to the minutes of this meeting and a copy be given to you.