MINNESOTA BOARD OF NURSING MEETING MINUTES August 6-7, 2015

Transcription

1 Draft MINNESOTA BOARD OF NURSING MEETING MINUTES August 6-7, 2015 Attachment III.A 10/2015 The meeting was called to order at 8:40 a.m., August 6, 2015, in Conference Room A, 2829 University Avenue Southeast, Minneapolis, Minnesota by Deborah Haagenson, president. Members Present Cindy DeJarlais Jeanine Gangeness Becky Gladis Deborah Haagenson Michelle Harker Bradley Haugen June McLachlan Deborah Meyer Robert Muster Christine Norton Jan Rainey Christine Renne (August 6 only) Sheila Robley Sue Sendelbach Steven Strand Natya Stroud (August 6 only) Staff (present at various times) Shirley Brekken Kay Buchanan Rene Cronquist Barbara Damchik-Dykes Becky Elmasry Mariclaire England Marney Halligan Ben Hanson Mary Hoeppner Sarah Larsen Mary Luecke Kimberly Miller Rachel Nitz Daphne Ponds Judy Reeve Julie Sabo Suzanne Segl Barry Smith Legal Counsel (present at various times) Jennifer Coates Nicholas Lienesch Jason Pleggenkuhle Mission Statement M. Harker read the Board mission statement to remind members of the Board s purpose. Mission Statement The mission of the Minnesota Board of Nursing is to protect the public s health and safety through regulation of nursing education, licensure and practice.

2 Approval of Board Meeting Agenda Motion by C. DeJarlais, seconded by C. Norton, to approve the August 6 and 7, 2015 meeting agenda with the removal of III.H Board Member Service. Vote: Yes 16 (DeJarlais, Gangeness, Gladis, Haagenson, Harker, Haugen, McLachlan, Meyer, Muster, Norton, Rainey, Renne, Robley, Sendelbach, Strand, Stroud) No 0; Abstain 0; Absent 0 Acceptance of Responsibility President Haagenson welcomed recently appointed board members Becky Gladis, licensed practical nurse member; Bradley Haugen, registered nurse member; and Robert Muster, registered nurse member and conducted the Acceptance of Responsibility as a Board Member. New members affirmed their recognition of these responsibilities as members of the Board of Nursing and committed to meeting the obligations with integrity and sincerity of purpose. Renewal of Oath of Continuing Members The continuing board members recommitted their Acceptance of Responsibility. President s Report President Haagenson asked board members to reflect on the value of Collaboration, pursuing alliances with internal and external stakeholders during the meeting. Haagenson reported she, on behalf of the National Council of State Boards of Nursing (NCSBN), has been participating in a workgroup sponsored by NCSBN and the American Nurses Association to develop a scope of practice decision making model. Executive Director s Report S. Brekken made the following acknowledgements: M. Harker, board member, has been appointed to the National Council of State Boards of Nursing (NCSBN) Bylaws Committee for a two-year term. K. Miller, nursing practice specialist, has been appointed to NCSBN s NCLEX Examination Committee for a two-year term. B. Damchik-Dykes, discipline coordinator, continues to serve on NCSBN s Commitment to Ongoing Regulatory Excellence (CORE) Committee. 2

3 Executive Director s Report (cont d) D. Meyer, board member, and M. England, nursing practice specialist, continue to serve on the NCSBN Item Review Subcommittee. New board members have been participating in orientation. Orientation has been expanded and divided into sessions on three days. A six month follow-up training will be held to determine further learning needs. The Journal of Nursing Regulation will be distributed at board meetings instead of mailed out to individual board members. Internal Operating Policies and Procedures The Board reviews its internal operating policies every three years, or as needed, for relevance and possible revision. The Executive Committee recommended the following revisions for Agency Management: Policy Signature Authority Performance-based Payments Eligibility Performance-based Payments Criteria Action Insert: Sign and issue Insert: Issue notices of conference, subpoenas pursuant to Minnesota Statute Sections , subdivision 2 and , subdivision 3, orders for examination or evaluation pursuant to Minnesota Statute Section , subdivision 5, notices and orders for hearing, notices of removal of stays, rules documents and requests for administrative law judges, and other official documents on behalf of the Board. Delete: Assess and collect administrative penalty fees pursuant to Minnesota Statute section (e). Delete: 5. Issue notices of conference, subpoenas pursuant to Minnesota Statute Sections , subdivision 2 and , subdivision 3, orders for examination or evaluation pursuant to Minnesota Statute Section , subdivision 5, notices and orders for hearing, notices of removal of stays, rules documents and requests for administrative law judges, and other official documents on behalf of the Board. Insert: 5. Sign and issue the necessary orders to suspend a nurse s professional and/or practical nursing license(s) upon receipt of notification that the nurse has been appointed a guardian or committed by order of a court under chapter 253B; or determined to be mentally incompetent, mentally ill, chemically dependent, or a person dangerous to the public by a court of competent jurisdiction. Delete: 4. Assess and collect administrative penalty fees pursuant to Minnesota Statute section (e). Delete: (Office Manager) and (Executive Director) Delete: (for the Office Manager) The Executive Committee recommended the following revisions for Program Approval: Policy Nursing Program Reports Action Insert: Board staff shall collect an annual affidavit of compliance with all applicable rules from the directors of all approved nursing programs and shall make the affidavit available upon request. (MN Rule Subpart 3 C). 3

4 Insert: regarding advanced standing Delete: 1. Number of licensed practical nurses who applied for advanced standing (MH2) Delete: Board staff shall collect an annual affidavit of compliance with all applicable rules from the directors of all approved nursing programs and shall make the affidavit available upon request. (MN Rule Subpart 3C) Motion by J. Gangeness, seconded by C. Norton, to approve the revised policies as edited for Agency Management and Program Approval; and reaffirm the Licensure policy with no revisions. Vote: Yes 16 (DeJarlais, Gangeness, Gladis, Haagenson, Harker, Haugen, McLachlan, Meyer, Muster, Norton, Rainey, Renne, Robley, Sendelbach, Strand, Stroud) No 0; Abstain 0; Absent 0 Attachments II.A II.C North Carolina Dental Board Supreme Court Decision Jason Pleggenkuhle, manager of the Health Licensing Division of the Attorney General s Office, reviewed the Supreme Court decision North Carolina State Board of Dental Examiners v. Federal Trade Commission, No He reported the US Supreme Court held that a state licensing board was not immune to antitrust regulation. A board should not engage in any protectionism; and the mission of a state board is to act in the public s interest, within statutory authority. Proposed 2016 Board Calendar The following dates were proposed for Calendar Year 2016 Board of Nursing meetings: January 7, 4:30 p.m. February 4-5, 8:30 a.m. March 3, 7:30 a.m. April 7-8, 8:30 a.m. May 5, 4:30 p.m. June 2-3, 8:30 a.m. July 7, 7:30 a.m. August 4-5, 8:30 a.m. September 1, 4:30 p.m. October 6-7, 8:30 a.m. November 3, 7:30 a.m. December 1-2, 8:30 a.m. 4

5 Proposed 2016 Board Calendar (cont d) Motion by M. Harker, seconded by C. DeJarlais, to approve the proposed 2016 Calendar of Board Meetings. Vote: Yes 16 (DeJarlais, Gangeness, Gladis, Haagenson, Harker, Haugen, McLachlan, Meyer, Muster, Norton, Rainey, Renne, Robley, Sendelbach, Strand, Stroud) No 0; Abstain 0; Absent 0 Attachment II.D HPSP Annual Report Monica Feider, program manager for the Health Professionals Services Program (HPSP), presented the HPSP Annual Report for Fiscal Year 2015 and an overview of the HPSP program. She provided background information and reported on the areas of illnesses, diversion, referrals, discharges and public protection. Report to the Board: Rasmussen College Practical Nursing Program MR Subp.3. C. requires a program director to annually affirm compliance with program approval rules, including licensure status of faculty and clinical requirements. MR Subp.8 requires that a survey of the program be conducted if there is a reason to believe there is a lack of compliance with the rules. On August 5, 2015, the Review Panel, comprised of June McLachlan, board member, and Mary Hoeppner, nursing education specialist, provided the Board the Report to the Board with Consent of Program (Report) in the matter of Rasmussen College Practical Nursing Program (Program). The Report, signed by the program director Dr. Joan Rich, documents an agreement between the Review Panel and the Program that the Program was unable to demonstrate compliance with Minnesota Rules subp.3 (d) (1) for students enrolled in PN 130 Maternal Child on the Eagan campus in Winter Quarter Motion by C. DeJarlais, seconded by J. Gangeness, that the Board determine that at this time the Program is in compliance with all applicable program approval rules, but issue a reprimand effective August 6, 2015 for the failure of Rasmussen College Practical Nursing Program to provide students required clinical learning experiences in Winter Quarter, Vote: Yes 12 (DeJarlais, Gangeness, Gladis, Haagenson, Harker, Haugen, McLachlan, Meyer, Norton, Renne, Robley, Stroud) No 1 (Strand); Abstain 2 (Rainey, Muster); Absent 1 (Sendelbach) 5 Attachment IV.D

6 Security Training B. Smith, MN.IT Services, conducted the annual Information Technology (IT) Security training. IT Security is addressed on an annual basis to emphasize the importance of information security. The training goal is to protect information in any form. Learning objectives from the security training included: empower board members with knowledge; develop awareness of the Health Licensing Board security policy, IT threats and risks; facilitate employees and agencies compliance with state policy; establish guidelines and expectations; and limit agency liability. Consent Agenda Agenda Item Board Meeting Minutes: June 4, 2015 Board Meeting Minutes: July 2, 2015 Financial Report: June 30, 2015 Licensure Statistics: FY 2015 Disposition of Complaints: FY 2015 Education Committee Minutes: May 18, 2015 Executive Committee Minutes: April 1, 2015 Board Member Service Health Professional Services Program (HPSP) FY 2015 Report Attachment III.A III.B III.C III.D III.E III.F III.G III.H III.I Motion by C. Norton, seconded by B. Gladis, to approve the Consent Agenda with the removal of III.H, Board Member Service, which was deferred to the October 1, 2015 meeting. Vote: Yes 16 (DeJarlais, Gangeness, Gladis, Haagenson, Harker, Haugen, McLachlan, Meyer, Muster, Norton, Rainey, Renne, Robley, Sendelbach, Strand, Stroud) No 0; Abstain 0; Absent 0 Report of Temporary Suspension Effectiveness D. Ponds reported on the timeliness of the Minnesota Board of Nursing complaint resolution process in relationship to complaints that resulted in temporary suspension of advanced practice, professional, and practical nursing licenses in Fiscal Year Attachment IV.A

7 Summary of 2014 Plans of Corrective Action for Below Minimum Standard NCLEX Success Rates M. Hoeppner reported on the Summary of 2014 Plans of Corrective Action for Below Minimum Standard NCLEX Success Rates. If success rates are 75 percent or less for one calendar year, the Board requires the school s program director to identify factors that are potentially affecting the low success rate on licensure examinations. The program director is required to submit a plan of corrective action. If in the following year the success rate is above 75 percent, no action by the Board is required. Seven programs were required to submit plans of corrective action for having below standard pass rates for one year: Practical Nursing Programs: Fond du Lac Tribal and Community College Mesabi Range Community and Technical College Northwest Technical College Bemidji Baccalaureate Nursing Programs: College of St. Benedict/St. John s University Crown College Herzing University Presentation College Common factors for low success rates fell into the main areas rigor of admission and progression policies for students; faculty development; curriculum; and evaluation. The program directors submitted plans including strategies to address these issues. M. Hoeppner further reported if success rates are 75 percent or less for any two consecutive calendar years, the Board is required to notify the program s director of an on-site survey to identify additional factors affecting the low success rate and review progress on the plan of corrective action submitted the previous year Three site surveys were conducted in 2015: South Central College Practical Nursing Program South Central College Associate Degree Nursing Program Pine Technical College Associate Degree Nursing Program If success rates are 75 percent or less for any three consecutive years, the Board requires the director and another institutional administrative academic representative to meet with a committee of board members and a board staff for an on-site survey for compliance with all applicable rules and for the implementation of the plan of corrective action submitted the previous year. 7

8 Summary of 2014 Plans of Corrective Action for Below Minimum Standard NCLEX Success Rates (cont d) Three such meetings and surveys were conducted in 2015: National American University Baccalaureate Nursing Program (Bloomington) conducted March 13, 2015; Lake Superior College Associate Degree Nursing Program (Duluth) conducted April 21, 2015; and Riverland Community College Associate Degree Nursing Program (Austin) conducted April 24, Report to the Board: National American University On February 5, 2015, the Board directed that an on-site survey be conducted of the National American University Baccalaureate Nursing Program (Program) due to three consecutive years of below 75% first-time success rates on the National Council Licensure Examination for Registered Nurses (NCLEX-RN ). The on-site survey of the Program conducted on March 13, 2015 identified that the Program was not in compliance with all program approval rules. Following the on-site survey, the Program submitted evidence that it has initiated actions to address areas of non-compliance, as outlined in the Report. On June 12, 2015 the Review Panel reviewed the evidence provided and determined that the Program has taken actions to address areas of non-compliance, but remains not fully compliant with all program approval rules. On August 5, 2015 the Review Panel, comprised of Jeanine Gangeness, board member and Mary Hoeppner, nursing education specialist, provided the Board the Report to the Board with Consent of Program (Report) in the matter of National American University Baccalaureate Nursing Program (Program). The Report, signed by the program director Kathleen Doeschot, documents an agreement between the Review Panel and the Program that the Program is not in compliance with Minnesota Rules , subp. D and E, and , subps. 1.(B)., 3(.B)., 3(.I)(1), 3(.I).(2), 3(.I.)(3), 3(.I).(6), and 3(J). The Report identifies specific conditions the Program must address to retain approval by the Board. Motion by J. Gangeness, seconded by C. DeJarlais, that the Board issue an Order of Corrections to National American University Baccalaureate Nursing Program consistent with the Conditions as presented in the Report to the Board, and change the status of the Program from Approved to Approved with Conditions effective August 6, Vote: Yes 14 (DeJarlais, Gangeness, Gladis, Haagenson, Harker, Haugen, McLachlan, Meyer, Norton, Rainey, Renne, Robley, Strand, Stroud) No 0; Abstain 1 (Muster); Absent 1 (Sendelbach) Attachment IV.B 8

9 Report to the Board: Riverland Community College Associate Degree Nursing Program On February 5, 2015, the Board directed that an on-site survey be conducted of the Riverland Community College Associate Degree Nursing Program (Program) due to three consecutive years of below 75% first-time success rates on the National Council Licensure Examination for Registered Nurses (NCLEX-RN ). The on-site survey of the Program conducted on April 24, 2015 identified that the Program was not in compliance all program approval rules. Following the on-site survey, the Program submitted evidence that it has initiated actions to address areas of non-compliance, as outlined in the Report. On June 12, 2015 the Review Panel reviewed the evidence provided and determined that the Program has taken actions to address areas of non-compliance, but remains not fully compliant with all program approval rules. On August 5, 2015 the Review Panel, comprised of Jeanine Gangeness, board member and Mary Hoeppner, nursing education specialist, provided the Board the Report to the Board with Consent of Program (Report) in the matter of National American University Baccalaureate Nursing Program (Program). The Report, signed by the program director Nancy Genelin, documents an agreement between the Review Panel and the Program that the Program is not in compliance with Minnesota Rules , subp. G, and , subps. 1(B), 3(B), (C), (D)(2), (I)(2), and (J). The Report identifies specific conditions the Program must address to retain approval by the Board. Motion by J. Gangeness, seconded by M. Harker, that the Board issue an Order of Corrections to Riverland Community College Associate Degree Nursing Program consistent with the Conditions as presented in the Report to the Board, and change the status of the Program from Approved to Approved with Conditions effective August 6, Vote: Yes 15 (DeJarlais, Gangeness, Gladis, Haagenson, Harker, Haugen, McLachlan, Meyer, Muster, Norton, Rainey, Renne, Robley, Strand, Stroud) No 0; Abstain 0; Absent 1 (Sendelbach) Attachment IV.C Executive Committee President Haagenson presented an update on the status of the Strategic Initiatives. Haagenson reported: The Executive Committee has reviewed the Office of the Legislative Auditor (OLA) report and considered how future Strategic Initiatives could address OLA recommendations. 9

10 Executive Committee (cont d) The Committee has reviewed the results of the Board Self-Assessment survey and will report at the October board meeting. Core Value Reflection Recess President Haagenson led the board members in a reflection on the core value of Collaboration, pursuing alliances with internal and external stakeholders, to identify how the Board has demonstrated this value in its deliberation and decision making. President Haagenson declared a recess at 12:50 p.m. Closed Session President Haagenson reconvened the meeting in closed session at 1:55 p.m., and declared a quorum present: The Stipulation and Consent Order Consent Agenda included the following cases: 1. Floyd Ace IV, RN # Suspension; 2. Matthew Amundson, RN # Suspension; 3. Garrett Coats, LPN # Suspension; 4. Paul Dittmer, RN # Suspension; 5. Jackie Ferdig, RN # , LPN # Stayed Suspension, Limitations, Conditions; 6. Clare Gargano, RN # Voluntary Surrender; 7. Karrie Gibson, RN # Suspension; 8. Joyce Hoff, LPN # Civil Penalty, Suspension; 9. Celestina Landis, LPN # Reprimand, Conditions; 10. Annorah Mathys, RN # Suspension; 11. Mary Roda, RN # , LPN # Voluntary Surrender; 12. Kimberly Solheid, RN # Suspension; 13. Kendra Staten, LPN # Suspension; 14. Catherine Stuempges, RN # Suspension; 15. Traci Waldman, RN # Suspension; 16. Wendy Wegleitner, RN # Suspension; Motion by J. Rainey, seconded by J. Gangeness, that the Board adopt the Stipulation and Consent Order Agenda and issue the Orders effective August 6,

11 The Stipulation and Consent Order Consent Agenda (cont d) Vote: Yes 16 (DeJarlais, Gangeness, Gladis, Haagenson, Harker, Haugen, McLachlan Meyer, Muster, Norton, Rainey, Renne, Robley, Sendelbach, Strand, Stroud) No 0; Abstain 0; Absent 0 Janis Beyer, RN , LPN Janis Beyer attended a conference with the Board of Nursing Review Panel on April 29, 2015, the Panel including Deborah Haagenson, Board member. The Board reviewed the resulting proposed stipulation and consent order to suspend Ms. Beyer s registered and practical nurse licenses and stay the suspension based on Ms. Beyer s compliance with the Order. Motion by C. Norton, seconded by J. Gangeness, that the Board adopt the Stipulation and Consent Order as proposed and issue the Order effective August 6, Vote: Yes 15 (DeJarlais, Gangeness, Gladis, Haagenson, Harker, Haugen, Meyer, Muster, Norton, Rainey, Renne, Robley, Sendelbach, Strand, Stroud) No 0; Abstain 1 (McLachlan); Absent 0 Jennifer Murphy Warnke, RN Jennifer Murphy Warnke attended a conference with the Board of Nursing Review Panel on July 10, 2015, the Panel including Cindy DeJarlais, Board member. The Board reviewed the resulting proposed stipulation and consent order to place conditions on Ms. Murphy Warnke s registered nurse license and assess a $1,500 civil penalty. Motion by S. Strand, seconded by C. Norton, that the Board adopt the Stipulation and Consent Order as proposed and issue the Order effective August 6, Vote: Yes 16 (DeJarlais, Gangeness, Gladis, Haagenson, Harker, Haugen, McLachlan Meyer, Muster, Norton, Rainey, Renne, Robley, Sendelbach, Strand, Stroud) No 0; Abstain 0; Absent 0 Wonle Queeglay, LPN Wonle Queeglay attended a conference with the Board of Nursing Review Panel on June 22, 2015, the Panel including Jeanine Gangeness, Board member. The Board reviewed the resulting proposed stipulation and consent order to suspend Ms. Queeglay s practical nurse license and stay the suspension based on Ms. Queeglay s compliance with the Order and place limitations and conditions on the license. 11

12 Wonle Queeglay, LPN (cont d) Motion by S. Strand, seconded by C. Norton, that the Board adopt the Stipulation and Consent Order as proposed and issue the Order effective August 6, Vote: Yes 15 (DeJarlais, Gangeness, Gladis, Haagenson, Harker, Haugen, McLachlan, Meyer, Norton, Rainey, Renne, Robley, Sendelbach, Strand, Stroud) No 0; Abstain 1 (Muster); Absent 0 Faiso Aden, RN The Board reviewed a proposed stipulation and consent order to reprimand Faiso Aden and assess a $ civil penalty. Ms. Aden was represented by Marit Sivertson. Michelle Harker was the consulted Board member. The matter was resolved without a conference. Motion by C. DeJarlais, seconded by J. Rainey, that the Board adopt the Stipulation and Consent Order as proposed and issue the Order effective August 6, Vote: Yes 15 (DeJarlais, Gangeness, Gladis, Haagenson, Harker, Haugen, McLachlan, Meyer, Muster, Norton, Rainey, Renne, Robley, Strand, Stroud) No 0; Abstain 1 (Sendelbach); Absent 0 Tara Irwin, LPN Tara Irwin and her attorney, Barbara Forshier, attended a conference with the Board of Nursing Review Panel on May 27, 2015, the Panel including Christine Norton, Board member. The Board reviewed the resulting proposed stipulation and consent order to place limitations and conditions on Ms. Irwin s practical nurse license. Motion by B. Haugen, seconded by C. DeJarlais, that the Board adopt the Stipulation and Consent Order as proposed and issue the Order effective August 6, Vote: Yes 15 (DeJarlais, Gangeness, Gladis, Haagenson, Harker, Haugen, McLachlan, Meyer, Muster, Norton, Renne, Robley, Sendelbach, Strand, Stroud) No 1 (Rainey); Abstain 0; Absent 0 12

13 Leila Grant, RN Leila Grant attended a conference with the Board of Nursing Review Panel on June 29, 2015, the Panel including Cindy DeJarlais, Board member. The Board reviewed the resulting proposed stipulation and consent order to suspend Ms. Grant s registered nurse license. Motion by S. Sendelbach, seconded by J. Rainey, that the Board adopt the Stipulation and Consent Order as proposed and issue the Order effective August 6, Vote: Yes 16 (DeJarlais, Gangeness, Gladis, Haagenson, Harker, Haugen, McLachlan Meyer, Muster, Norton, Rainey, Renne, Robley, Sendelbach, Strand, Stroud) No 0; Abstain 0; Absent 0 Julie Carter, LPN A Notice of Removal of Stay of Suspension, Imposition of Suspension and Hearing was served to Julie Carter on June 18, 2015, scheduling a conference on June 30, 2015, and a hearing before the Board on August 6, Ms. Carter attended the conference and the hearing. Assistant Attorney General Jennifer Coates presented oral argument on behalf of the Review Panel. Ms. Carter made a statement and answered questions from Board members. The Board reviewed the proposed findings of fact, conclusions and final order from the Review Panel. June McLachlan and Steven Strand, Board members on the Review Panel, and Assistant Attorney Jennifer Coates were excused and did not participate in the deliberation or voting. Assistant Attorney General Jason Pleggenkuhle advised the Board. Motion by J. Gangeness, seconded by C. DeJarlais, that the Board authorize Jason Pleggenkuhle to make editorial revisions in the proposed Order, accept the Findings of Fact, Conclusions and Final Order, as revised, and issue the Order suspending Ms. Carter s practical nurse license effective the date of service (September 1, 2015). Vote: Yes 14 (DeJarlais, Gangeness, Gladis, Haagenson, Harker, Haugen, Meyer, Muster, Norton, Rainey, Renne, Robley, Sendelbach, Stroud) No 0; Abstain 0; Absent 2 (McLachlan, Strand); Michelle Mamula, RN A Notice of Removal of Stay of Suspension, Imposition of Suspension and Hearing was served to Michelle Mamula on June 10, 2015, scheduling a conference on July 13, 2015, and a hearing before the Board on August 6, Ms. Mamula and her attorney Melissa Golke attended the conference and the hearing. Ms. Mamula s attorney Melissa Staudinger did not attend the conference but did attend the hearing. Assistant Attorney General Jennifer Coates presented oral argument on behalf of the Review Panel. Ms. 13

14 Michelle Mamula, RN (cont d) Golke presented oral argument on behalf of Ms. Mamula. Ms. Mamula made a statement to the Board and answered questions. Ms. Mamula, Ms. Golke, Ms. Staudinger and Cindy DeJarlais and Christine Renne, Board members on the Review Panel, and Assistant Attorney Jennifer Coates were excused and did not participate in the deliberation or voting. Assistant Attorney General Jason Pleggenkuhle advised the Board. Motion by J. Gangeness, seconded by C. Norton, that the Board authorize Jason Pleggenkuhle to revised the proposed six month suspension to a suspension for three months, to make editorial revisions in the proposed Order, accept the Fact, Conclusions and Final Order of the Review Panel, as revised, and issue the Order suspending Ms. Mamula s registered nurse license. Vote: Yes 5 (Gangeness, Meyer, Norton, Robley, Sendelbach) No 9 (Gladis, Haagenson, Harker, Haugen, McLachlan, Muster, Rainey, Strand, Stroud) Abstain 0; Absent 2 (DeJarlais, Renne); Motion Failed Motion by B. Haugen, seconded by M. Harker, that the Board authorize Jason Pleggenkuhle to make editorial revisions in the proposed Order, accept the Findings of Fact, Conclusions and Final Order of the Review Panel, as revised, and issue the Order suspending Ms. Mamula s registered nurse license effective the date of service (August 31, 2015). Vote: Yes 8 (Gladis, Harker, Haugen, Meyer, McLachlan, Norton, Robley, Sendelbach) No 6 (Gangeness, Haagenson, Muster, Rainey, Strand, Stroud) Abstain 0; Absent 2 (DeJarlais, Renne); Mary Desmond, RN A Notice of and Order for Prehearing Conference and Hearing was served to Mary Desmond and her attorney, Kelly Moore, on September 5, 2014, scheduling a prehearing conference on October 6, Ms. Moore attended the conference and the hearing on behalf of Ms. Desmond. Assistant Attorney General Nicholas Lienesch requested to remove the chemical evaluation requirement in the proposed Findings of Fact, Conclusions and Final Order and presented oral argument on behalf of the Review Panel. Ms. Moore presented oral argument on behalf of Ms. Desmond. Ms. Moore and Jeanine Gangeness and Michelle Harker, Board members on the Review Panel, and Assistant Attorney General Nicholas Lienesch were excused and did not participate in the 14

15 Mary Desmond, RN (cont d) deliberation or voting. Assistant Attorney General Jason Pleggenkuhle advised the Board. Motion by C. Norton, seconded by N. Stroud, that the Board authorize Jason Pleggenkuhle to make editorial revisions in the proposed Order, accept the Findings of Fact, Conclusions and Final Order of the Review Panel, as revised, and issue the Order suspending Ms. Desmond s registered nurse license. Vote: Yes 12 (DeJarlais, Gladis, Haugen, McLachlan, Meyer, Muster, Norton, Rainey, Renne, Robley, Strand, Stroud) No 2 (Haagenson, Sendelbach); Absent 2 (Gangeness, Harker); Motion by S. Strand, seconded by C. DeJalais, that the Board authorize Jason Pleggenkuhle to remove all chemical dependency references, to reduce the costs from $28, to $5,574.56, to make editorial revisions in the proposed Order, accept the Findings of Fact, Conclusions and Final Order of the Review Panel, as revised, and issue the Order suspending Ms. Desmond s registered nurse license, effective the date of service (September 1, 2015). Vote: Yes 14 (DeJarlais, Gladis, Haagenson, Haugen, McLachlan, Meyer, Muster, Norton, Rainey, Renne, Robley, Sendelbach, Strand, Stroud) No 0; Abstain 0; Absent 2 (Gangeness, Harker); The Board considered the following Hearing Consent Agenda: 1. Esther Baker, LPN # Suspension (Deborah Haagenson; Michelle Harker); 2. Kristi Bowman, RN # , LPN # Suspension (Michelle Harker, Diane Scott); 3. Macaulay Iginiamre RN # , LPN # Suspension (Deborah Meyer; Christine Norton); Motion by J. Gangeness, seconded by C. Norton, that the Board adopt the Hearing Consent Agenda and authorize Assistant Attorney General Jason Pleggenkuhle, to make nonsubstantive, editorial revisions as needed. 15

16 The Board considered the following Hearing Consent Agenda (cont d) Roll Call Vote: Board Member YES NO ABSTAINED FROM ABSENT Cindy DeJarlais X Jeanine Gangeness X Becky Gladis X Deborah Haagenson X Esther Baker Michelle Harker X Esther Baker, Kristi Bowman Bradley Haugen X Esther Baker June McLachlan X Deborah Meyer X Macaulay Iginiamre Robert Muster X Christine Norton X Macaulay Iginiamre Jan Rainey X Christine Renne X Sheila Robley X Sue Sendelbach X Steven Strand X Natya Stroud X Secretary, D. Meyer, assumed the chair Timothy Agrimson, RN A Notice and Order for Hearing on Temporary Suspension was served to Timothy Agrimson on June 25, 2015, scheduling a prehearing conference on July 6, Mr. Agrimson did not attend the conference or hearing. Assistant Attorney General Jennifer Coates presented oral argument on behalf of the Review Panel. Ms. Coates, and Deborah Haagenson and Sue Sendelbach, Board members on the Review Panel, and Assistant Attorney Jennifer Coates were excused and did not participate in the deliberation or voting. Assistant Attorney General Jason Pleggenkuhle advised the Board. Motion by C. Norton, seconded by B. Gladis, that the Board authorize Jason Pleggenkuhle to make editorial revisions, and to accept the Findings of Fact, Conclusions and Final Order of the Review Panel as revised, and issue the Order revoking Mr. Agrimson s registered nurse license, effective the date of service (September 1, 2015). 16

17 Timothy Agrimson, RN (cont d) Vote: Yes 14 (DeJarlais, Gangeness, Gladis, Harker, Haugen, McLachlan, Meyer, Muster, Norton, Rainey, Renne, Robley, Strand, Stroud) No 0; Abstain 0; Absent 2 (Haagenson, Sendelbach); President, D. Haagenson, resumed the chair Kristi Simmons, RN Examination Applicant Kristi Simmons attended a conference with a Board of Nursing Review Panel on July 2, 2015, the Panel including June McLachlan, Board member. The Board reviewed the resulting proposed stipulation and consent order to grant Ms. Simmons a registered nurse license, and to place limitations and conditions on the license. Ms. Simmons attended via telephone, made a statement to the Board and responded to questions. Motion by C. Norton, seconded by D. Meyer, that the Board adopt the Stipulation and Consent Order as proposed and issue the Order effective August 6, Vote: Yes 16 (DeJarlais, Gangeness, Gladis, Haagenson, Harker, Haugen, McLachlan Meyer, Muster, Norton, Rainey, Renne, Robley, Sendelbach, Strand, Stroud) No 0; Abstain 0; Absent 0 The Petition Consent Agenda included the following cases: Petition for Reinstatement: 1. Amy Anderson, RN # Stipulation and Consent Order for Reinstatement (Civil Penalty, Stayed Suspension, Limitations, Conditions); Petition for Unconditional License: 1. Margaret Davies, RN # , LPN # Remove the Limitations and Conditions from the registered and practical nurse licenses and issue an Unconditional License effective August 6, Motion by S. Sendelbach, seconded by C. Norton, that the Board adopt the Petition Consent Agenda and issue the Orders effective August 6,

18 The Petition Consent Agenda (cont d) Vote: Yes 16 (DeJarlais, Gangeness, Gladis, Haagenson, Harker, Haugen, McLachlan Meyer, Muster, Norton, Rainey, Renne, Robley, Sendelbach, Strand, Stroud) No 0; Abstain 0; Absent 0 Recess Reconvene President Haagenson declared a recess at 5:40 p.m. President Haagenson reconvened the meeting in open session on Friday, June 3, 2015 at 8:30 a.m. Board Governance and Strategic Planning S. Sendelbach, vice-president, conducted a presentation on Board governance. Board members reviewed the recommendations of the Office of Legislative Auditor Minnesota Board of Nursing: Complaint Resolution Process (March 2015) considering impact and priority. They also considered whether implementation could be accomplished by policy or practice or whether legislation would be required. Based on these factors, the Board identified an action decision for each recommendation: adopt, adapt, or abandon. Board members developed strategic initiatives for FY incorporating recommendations adopted. Adjourn The meeting adjourned at 12:00 p.m. Recorder: Shirley A. Brekken Executive Director Attest: Deborah Meyer Secretary 18