How To Get A Nursing License In Indiana
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1 MINUTES INDIANA STATE BOARD OF NURSING December 11, 2008 I. CALL TO ORDER & ESTABLISHMENT OF QUORUM Ms. Slagle called the meeting to order at 8:35 a.m. in the Auditorium of the Indiana Government Center South Building, 302 West Washington Street, Indianapolis, Indiana and declared a quorum, in accordance with IC (b). Board Members Present: Carolyn Slagle, R.N., C.N.S., President Jerry Burghduff, L.P.N., Secretary Lynda Narwold, R.N., Member Connie McIntosh, R.N.,Member Marcia Laux, R.N., Member Laurel Valentino, R.N., Vice-President Anne Ogle, Consumer Member Scott Johns, R.N., Member Board Members Absent: Stacy Henderson, L.P.N., Member State Officials Present: Sean Gorman, Board Director, Indiana Professional Licensing Agency Michelle Hines, Assistant Board Director, Indiana Professional Licensing Agency Lisa Chapman, Litigation Specialist, Indiana Professional Licensing Agency Gordon White, Commission Advisory Counsel, Office of the Attorney General II. ADOPTION OF THE AGENDA A motion was made and seconded to adopt the agenda, as amended. SLAGLE/BURGHDUFF III. ADOPTION OF THE MINUTES FROM THE NOVEMBER 20, 2008 MEETING OF THE BOARD A motion was made and seconded to adopt the minutes from the November 20, 2008 meeting of the Board. SLAGLE/BURGHDUFF Motion carried 5-0-3, and abstained. IV. INDIANA STATE NURSES ASSISTANCE PROGRAM (ISNAP) REPORT Charles Lindquist, ISNAP Program Director, presented the monthly report to the Board. Mr. Lindquist informed the Board that ISNAP has, as of November 2008, 523 active clients, 15 new intakes, 60 intakes in process and 21 RMA s returned. Mr. Lindquist informed the Board that ISNAP staff met on November 15, 2008 to review those who have applied for the Needs Assistance Fund. They reviewed six applications and five qualified for assistance and vouchers were mailed out. Mr. Lindquist informed the Board that ISNAP s Annual Workshop on October 3, 2008 netted over $4, dollars for the Needs Assistance Fund. Mr. Lindquist informed the Board that ISNAP is preparing for the contract renewal application process. V. EDUCATION 1. Marian College Request to Extend their Accreditation to Include Online Delivery Model for Accelerated Baccalaureate Degree Program 1
2 Karen Hardin appeared on behalf of Marian College. Marian College is requesting to extend their accreditation to include online delivery model for their accelerated Baccalaureate Degree Program. The goal is to increase the number of BSN prepared nurses by reaching a population of potential students who may not be able to complete a generic accelerated degree program due to time constraints of traditional classroom courses. Ms. Hardin informed the Board that the clinical component will be taught with full-time and adjunct faculty. They would like to begin in 2009 with a cohort of twenty students. Board Action: A motion was made and seconded to accept Marian College s request. LAUX/NARWOLD 2. Indiana State University Change in College Structure Esther Acree and Dr. Miller appeared on behalf of Indiana State University. They presented to the Board a new organizational structure, which proposed three departments of nursing. They have appointed the following positions: Marcia Miller, Associate Dean for Academics, Gloria Plascak, Chair of Baccalareaute Nursing Department and Debra Mallory, Chair for APN Department. Board Action: A motion was made and seconded to approve Indiana State University s change in college structure. NARWOLD/LAUX 3. Ivy Tech Community College, Lafayette Request for Approval for an Off-Site Offering of Some of the Nursing Curriculum Classes Karen Dolk appeared on behalf of Ivy Tech Community College. The intent is to have ten students from a cohort for the 2009 fall classes to take classes, campus lab and clinical experiences at the new Ivy Tech Lafayette instructional site in Monticello. Ms. Dolk informed the Board that it is not a new program, only the opportunity to expand their approved ASN Program to offer classes at the Monticello site. Board Action: A motion was made and seconded to approve Ivy Tech Community College s request. NARWOLD/LAUX 4. Chamberlain College Intent to Offer MSN and BSN, Which Includes the RN-BSN Degree Completion Option Programs via Online to IN Residents Beginning March The RN-BSN completion option and MSN program do not lead to licensure according to the correspondence received from Chamberlain College. The Board has some serious concerns in regards to their program, specifically, the eighty hours to be transferred and the further education of already licensed practitioners. Board Action: A motion was made and seconded to table Chamberlain College s intent and request a representative to appear on their behalf. SLAGLE/NARWOLD 5. ITT Technical Institute Resignation of Program Chair FYI for the Board. Marilyn Chestnut resigned as program chair. Ms. Donna Austgen has been appointed as acting program chair. 6. Purdue University, West Lafayette New Director of Undergraduate Program FYI for the Board. Dr. Melanie Braswell is the new Director of Undergraduate Program. VI. BOARD DIRECTOR REPORT Mr. Gorman informed the Board that an audit of Advanced Practice Nurses with Prescriptive Authority is to be initiated prior to the end of the calendar year. Pursuant to regulations, APNs are required to complete 30 contact hours of continuing education for nurses, 8 of which are to be in the area of pharmacology, every 2 years prior to renewal of prescriptive authority. APNs are required to provide a 2
3 sworn statement at renewal of prescriptive authority that the APN has fulfilled the requirement. They are also required to retain proof of completing the CE requirement for 3 years from the end of the licensing period in which they were earned. Every 2 years, the Board is required to randomly audit between 1 and 10% of APNs with prescriptive authority to ensure that the requirements have been met. After Board discussion, a motion was made and seconded to randomly audit 5% of APNs with prescriptive authority and who renewed that authority in LAUX/VALENTINO Mr. Gorman presented the Board with the Advanced Practice Nurse Subcommittee s recommendations to the Board. Board discussion centered on the effect of accepting the recommendations and the process for implementing an administrative rulemaking to affect rule changes the Subcommittee had suggested. The Board s acceptance of the recommendations is not binding in regards to any particular language proposed or subsequent changes the Board may seek. The Board also discussed concerns about the implications of proposed changes to the rules describing the competent practice of clinical nurse specialists and how that practice is distinguished from that of nurse practitioners. The Board discussed concern over acceptance of the Subcommittee s recommendation that the Board license or register all Advanced Practice Nurses. Following Board discussion, a motion was made and seconded to accept the Advanced Practice Nurse Subcommittee s recommendations, with changes to suggested language regarding diagnostic test results in item number 6 and to proceed with the initiation of an administrative rulemaking. Mr. Gorman informed the Board that Michelle Hines, Assistant Director for the Indiana State Board of Nursing, has resigned from her position effective December 19, She served in State Government for 10 years and has worked for the Board since Ms. Hines has accepted a position as clinical coordinator for MedTech College. On behalf of the Board, Mr. Gorman acknowledged Ms. Hines hard work and dedication to her job, thanked her for her exemplary performance and service to the Board, and congratulated her on her new position. VII. PERSONAL APPEARANCES A motion was made and seconded to affirm the recommendations of Jerry Burghduff for the Board on the personal appearances conducted at the December 10, 2008 Indiana State Board of Nursing Administrative Law Judge Meeting. Motion carried 7-0-1, abstained. A motion was made and seconded to affirm the recommendations of Jerry Burghduff for the Board on the personal appearances as follows: LAUX/VALENTINO Motion carried 4-0-1, abstained. A. Appearances by Applicants for Licensure 1. Gail Jones Endorsement Ms. Jones did not appear before the Board regarding her license by endorsement application. Ms. Jones was originally licensed in Texas, where she petitioned and was permitted to sit for the state board s exam despite not having officially graduated from the nursing school she attended. recommended denial of Ms. Jones license application. 2. Chaney Jeffries Endorsement Ms. Jeffries has withdrawn her application for licensure. B. Appearances by Applicants for Renewal 1. Derena Wyland Ms. Wyland appeared before the Board regarding the positive response on her license renewal application. Ms Wyland reported having been disciplined at work for calling in a personal prescription 3
4 under a coworker s name. She is participating in ISNAP and is currently compliant with the terms of her RMA. recommended that Ms. Wyland s license be issued free and clear. 2. Nikki John Smith Ms. Smith appeared before the Board regarding the positive response on her license renewal application. Ms. Smith reported a DUI conviction in August of She has no previous convictions. recommended that Ms. Smith s license be issued free and clear, but that she contact ISNAP and sign an RMA if eligible for participation. 3. Laura Michelle VanCleave Ms. VanCleave appeared before the Board regarding the positive response on her license renewal application. Ms. VanCleave reported a federal felony conviction for conspiracy to possess and distribute methamphetamine. is concerned that this situation falls under IC and recommended that this renewal application be denied. 4. Christina Vitaioli Ms. Vitaioli will be rescheduled for a future Board Meeting. 5. Margreta Harkenrider Ms. Harkenrider has withdrawn her application for licensure. 6. Joan Dyben Ms. Dyben appeared before the Board regarding the positive response on her license renewal application. Ms. Dyben reported a felony prescription fraud conviction for which she is on criminal probation until May recommended Ms. Dyben be issued a probationary license and be required to contact ISNAP and sign an RMA if eligible. She may petition to have that probationary status withdrawn upon a showing of 6 months of full compliance with her ISNAP RMA. C. Appearances by Applicants for Renewal - More Than Three Years 1. Sharon Deardorff Ms. Deardorff submitted proof of completion of 24 contact hours of continuing education for nurses prior to the scheduled personal appearance and was renewed. 2. Elisabeth Wilson Ms. Wilson did not appear before the Board regarding her application for renewal of her lapsed Ms. Wilson s license expired in recommended that Ms. Wilson s application for renewal be denied. 3. Jody Riddle Ms. Riddle will be rescheduled for a future Board Meeting. 4. Frances Robison Ms. Robinson did not appear before the Board regarding her application for renewal of her lapsed Ms. Robison s license expired in recommended that Ms. Robinson be rescheduled for the January meeting. 5. Joseph Michael Rice Mr. Rice did not appear before the Board regarding his application for renewal of his lapsed Mr. Rice s license expired in recommended that Mr. Rice s application for renewal be denied. 6. Marina Mills Ms. Mills did not appear before the Board regarding her application for renewal of her lapsed Ms. Mills license expired in recommended that Ms. Mills application for renewal be denied. 7. Sue Morey Ms. Morey has withdrawn her application for licensure. 8. June Moss Ms. Moss appeared before the Board regarding her application for license renewal. Her license expired in She is seeking licensure to teach nursing courses. recommended that Ms. Moss complete 24 contact hours of continuing education, 6 hours each in the following areas: Documentation, Assessment, Pharmacology, and Legal/Ethics prior to renewal. 9. Erica Atisso 4
5 Ms. Atisso has withdrawn her application for licensure. VIII. ADMINISTRATIVE HEARINGS State of Indiana v. Rob Eugene Kelsheimer, L.P.N., License No A Administrative Cause No NB 0078 Respondent did not appear and was not represented by counsel. Case Summary: Respondent appeared before the Board at the November 2008 Board Meeting on his Request to Withdraw Probation. The hearing was tabled upon receipt of a copy of his original order signed by his employer and employer reports. Respondent provided copies of the required documents prior to the hearing. Board Action: A motion was made and seconded to withdraw the probation from the Respondent s VALENTINO/SLAGLE Motion carried 5-1-2, opposed; and abstained. A. The following hearings were continued: 1. State of Indiana v. Paul Rex Thornton, R.N., License No A Administrative Cause No NB 060 Re: Preliminary & Disciplinary Hearing 2. State of Indiana v. Terri Lynn Brooks a/k/a Terri Lynn Gee, L.P.N., License No A Administrative Cause No. 96 NB 030 Re: Request to Reinstate 3. State of Indiana v. Marlene E. Craig, R.N., License No A Administrative Cause No NB State of Indiana v. Lisa Pasch-Fornshil, L.P.N., License Nos A Administrative Cause No NB State of Indiana v. Blanche Mae Markey, L.P.N., License No A Administrative Cause No NB 038 Re: Request to Reinstate 6. State of Indiana v. Shannon Rayford, L.P.N., License No A Administrative Cause No NB State of Indiana v. Dianne Gill, R.N., License No A Administrative Cause No. 96 NB 029 Re: Request to Reinstate B. State of Indiana v. Dara Elizabeth Wilson, R.N., License No A Administrative Cause No NB
6 Dara Elizabeth Wilson, Respondent Thomas McGee, Deputy Attorney General for State of Indiana Respondent s Witness: Chuck Lindquist, ISNAP Program Director Case Summary: Respondent s license was placed on Indefinite Probation at the November 13, 2007 Board meeting. The Decision on License Renewal Application was filed on December 21, Board Action: A motion was made and seconded to withdraw the probation on the Respondent s VALENTINO/SLAGLE Motion carried C. State of Indiana v. Lisa N. Smith, R.N., License No A Administrative Cause No NB 004 Lisa N. Smith, Respondent Thomas McGee, Deputy Attorney General for the State of Indiana State s Witness: Chuck Lindquist, ISNAP Program Director Case Summary: Respondent s license was placed on Indefinite Probation at the December 13, 2007 Board meeting. The Decision on License Renewal Application was filed on January 9, Board Action: A motion was made and seconded to withdraw the probation on the Respondent s SLAGLE/JOHNS Motion carried D. State of Indiana v. Brandi Rhoda (Browning), R.N., License No A Administrative Cause No NB 0021 Brandi Rhoda (Browning), Respondent Morgan Wills, Deputy Attorney General for the State of Indiana Respondent s Witness: Chuck Lindquist, ISNAP Program Director 6
7 Case Summary: Respondent s license was placed on Indefinite Probation at the April 20, 2006 Board meeting. The Findings of Fact, Conclusion of Law and Order was filed on May 5, Board Action: A motion was made and seconded to withdraw the probation on the Respondent s SLAGLE/LAUX Motion carried E. State of Indiana v. Jamie Sue Evans, R.N., License No A Administrative Cause No NB 073 Jamie Sue Evans, Respondent Morgan Wills, Deputy Attorney General for the State of Indiana Case Summary: Respondent s license was placed on Indefinite Probation at the June 15, 2006 Board meeting. The Findings of Fact, Conclusion of Law and Order was filed on June 26, Board Action: A motion was made and seconded to withdraw the probation on the Respondent s VALENTINO/JOHNS Motion carried F. State of Indiana v. Kathleen Marie Ross, L.P.N., License No A Administrative Cause No NB 0011 Kathleen Marie Ross, Respondent Heather Kennedy, Deputy Attorney General for the State of Indiana Nr. Johns Case Summary: Respondent s license was placed on Indefinite Probation at the March 18, 2004 Board meeting. The Findings of Fact and Order was filed on April 7,
8 Board Action: A motion was made and seconded to withdraw the probation on the Respondent s Motion carried G. State of Indiana v. Sheila Lavonne Devore, L.P.N., License No A Administrative Cause No NB 0117 Sheila Lavonne Devore, Respondent Heather Kennedy, Deputy Attorney General for the State of Indiana Case Summary: Respondent s license was placed on Indefinite Probation at the December16, 2004 Board meeting. The Findings of Fact and Order was filed on January 13, Board Action: A motion was made and seconded to withdraw the probation on the Respondent s H. State of Indiana v. Jerry Leo Hendricks, L.P.N., License No A Administrative Cause No NB 0065 Re: Request to Reinstate Jerry Leo Hendricks, Respondent Heather Kennedy, Deputy Attorney General for the State of Indiana Case Summary: Respondent s license was placed on Indefinite Suspension at the September 18, 2003 Board meeting. The Findings of Fact, Conclusion of Law and Order was filed on September 26, Board Action: A motion was made and seconded to reinstate Respondent s license on active status upon proof of completion of 24 contact hours of continuing education for nurses, 6 hours each in the areas of assessment, documentation, pharmacology, and legal/ethics. VALENTINO/LAUX Motion carried 7-1-0, opposed. I. State of Indiana v. Julie Vanes, L.P.N., License No A Administrative Cause No NB 0147 Julie Vanes Maddox, Respondent 8
9 Heather Kennedy, Deputy Attorney General for the State of Indiana Case Summary: Respondent s license was placed on Indefinite Probation at the October 18, 2007 Board meeting. The Decision on License Renewal was filed on October 25, Board Action: A motion was made and seconded to withdraw the probation on the Respondent s J. State of Indiana v. Madeline Riley, R.N., N.P., License Nos A & A Administrative Cause No NB 0010 Madeline Riley, Respondent Mary Pierce, Respondent s Attorney Heather Kennedy, Deputy Attorney General for the State of Indiana Case Summary: Respondent s license was placed on Indefinite Probation pursuant to the Findings of Fact, Ultimate Findings of Fact, Conclusions of Law and Order filed on July 2, Board Action: A motion was made and seconded to withdraw the probation on the Respondent s Motion carried 7-1-0, opposed. K. State of Indiana v. Elizabeth Leon, R.N., License No A Administrative Cause No NB 003 Re: Request to Reinstate Elizabeth Leon, Respondent Morgan Wills, Deputy Attorney General for the State of Indiana 9
10 Case Summary: Respondent s license was placed on Indefinite Suspension at the April 19, 2007 Board meeting. The Findings of Fact and Order was filed on May 15, Board Action: A motion was made and seconded to reinstate the Respondent s license on Indefinite Probation for at least the duration of her Recovery Monitoring Agreement with ISNAP.. L. State of Indiana v. Anthony Otis Winn, R.N., License No A Administrative Cause No NB 0111 Anthony Otis Winn, Respondent John Uskert, Respondent s Attorney Morgan Wills, Deputy Attorney General for the State of Indiana Case Summary: Respondent s license was placed on Indefinite Probation at the October 18, 2007 Board meeting. The Findings of Fact and Order was filed on October 25, Board Action: A motion was made and seconded to withdraw the probation on the Respondent s VALENTINO/BURGHDUFF Motion carried 7-1-0, opposed. A. M. State of Indiana v. Elizabeth Lynn Williams, L.P.N., License No A Administrative Cause No NB 0122 Re: Request to Reinstate Elizabeth Lynn Williams, Respondent Morgan Wills, Deputy Attorney General for the State of Indiana. Respondent s Witness: Chuck Lindquist, ISNAP Program Director Case Summary: Respondent s license was placed on Indefinite Suspension at the October 18, 2007 Board meeting. The Findings of Fact, Conclusions of Law and Order was filed on October 26, Board Action: A motion was made and seconded to reinstate Respondent s license on indefinite probation for at least the length of her Recovery Monitoring Agreement with ISNAP. SLAGLE/BURGHDUFF 10
11 N. State of Indiana v. Jennifer Sue Manor Davison, L.P.N., License No A Administrative Cause No NB 049 Re: Extension of Summary Suspension Respondent did not appear and was not represented by counsel. Morgan Wills, Deputy Attorney General for the State of Indiana Case Summary: Respondent s license was placed on Emergency Suspension at the September 18, 2008 Board Meeting. Board Action: A motion was made and seconded to extend the Emergency Suspension for an additional 90 days. BURGHDUFF/SLAGLE O. State of Indiana v. Dawn Elaine Sparks, L.P.N., License No A Administrative Cause No NB 122 Respondent did not appear and was not represented by counsel. Elizabeth Kiefner Crawford, Deputy Attorney General for the State of Indiana Case Summary: The State of Indiana filed a complaint against Respondent s license on October 9, Board Action: A motion was made and seconded to issue a Notice of Proposed Default Order. P. State of Indiana v. Carrie Normile, L.P.N., License No A Administrative Cause No NB 121 Respondent did not appear and was not represented by counsel. Elizabeth Kiefner Crawford, Deputy Attorney General for the State of Indiana 11
12 Case Summary: The State of Indiana filed a complaint against Respondent s license on October 21, Board Action: A motion was made and seconded to issue a Notice of Proposed Default Order. Q. State of Indiana v. Rhonda Deaton, L.P.N., License No A Administrative Cause No NB 145 Respondent did not appear and was not represented by counsel. Thomas McGee, Deputy Attorney General for the State of Indiana Case Summary: The State of Indiana filed a complaint against Respondent s license on October 29, Board Action: A motion was made and seconded to issue a Notice of Proposed Default Order. R. State of Indiana v. Mark Alan Bertsch, R.N., License No A Administrative Cause No NB 146 Respondent did not appear and was not represented by counsel. Thomas McGee, Deputy Attorney General for the State of Indiana Case Summary: The State of Indiana filed a complaint against Respondent s license on October 29, Board Action: A motion was made and seconded to issue a Notice of Proposed Default Order. IX. PROPOSED SETTLEMENT AGREEMENTS 12
13 A. State of Indiana v. Kelly J. Williams, R.N., License No A Administrative Cause No NB 193 Re: Agreement for Summary Suspension Respondent was not present and did not appear by counsel. Heather Kennedy, Deputy Attorney General for the State of Indiana Case Summary: An Agreement was filed December 16, Board Action: A motion was made and seconded to accept the Agreement. B. State of Indiana v. Sandra M. Jones, L.P.N., License No A Administrative Cause No NB 123 Re: Proposed Settlement Agreement Respondent was not present and did not appear by counsel. Heather Kennedy, Deputy Attorney General for the State of Indiana Case Summary: An Agreement was filed December 9, The Respondent s license will be placed on indefinite suspension for at least 6 months of compliance with an ISNAP RMA and until the Board receives certified copies from the Arizona Board of Nursing documenting that Arizona her license has been reinstated. Board Action: A motion was made and seconded to accept the Agreement. VALENTINO/LAUX C. State of Indiana v. Vicki Lynn Ratliff, R.N., License No A Administrative Cause No NB 141 Re: Proposed Settlement Agreement Respondent was not present and did not appear by counsel. Elizabeth Kiefner Crawford, Deputy Attorney General for the State of Indiana 13
14 Case Summary: An Agreement was filed December 8, The Agreement called for a letter of reprimand to be issued against the Respondent s license and for the Respondent to complete 6 contact hours of continuing education for nurses, 3 each for documentation and communication with coworkers within one year of the final order. Board Action: A motion was made and seconded to not approve the Agreement and set for a hearing on the State s complaint. SLAGLE/BURGHDUFF D. State of Indiana v. Tammy Belinda Wright, L.P.N., License No A Administrative Cause No NB 157 Respondent was not present and did not appear by counsel. Elizabeth Kiefner Crawford, Deputy Attorney General for the State of Indiana Case Summary: An Agreement was filed November 10, The Respondent agreed to pay a $250 fine within 90 days of a final order issued in the matter. Board Action: A motion was made and seconded to approve the Agreement. BURGHDUFF/SLAGLE E. State of Indiana v. Jodi Ann Zuber, L.P.N., License No A Administrative Cause No NB 131 Re: Proposed Settlement Agreement Respondent was not present and did not appear by counsel. Heather Kennedy, Deputy Attorney General for the State of Indiana Case Summary: An Agreement was filed December 9, The Respondent agreed to a probationary license for an indefinite length, for at least the duration of her criminal probation. The Respondent also agreed to complete 20 contact hours of continuing education for nurses in ethics/professionalism and in geriatric nursing care within the first 6 months of probation and to pay a $1000 fine. Board Action: A motion was made and seconded to approve the Agreement. 14
15 F. State of Indiana v. Erma J. Lester, L.P.N., License No A Administrative Cause No NB 142 Re: Proposed Settlement Agreement Respondent was not present and did not appear by counsel. Elizabeth Kiefner Crawford, Deputy Attorney General for the State of Indiana Case Summary: An Agreement was filed November 25, The Respondent agreed to pay a $250 fine. Board Action: A motion was made and seconded to approve the Agreement. VALENTINO/BURGHDUFF G. State of Indiana v. Mary Ann Geis, L.P.N., License No A Administrative Cause No NB 143 Respondent was not present and did not appear by counsel. Elizabeth Kiefner Crawford, Deputy Attorney General for the State of Indiana Case Summary: An Agreement was filed November 25, The Respondent agreed a license on indefinite probation for at least one year; she agreed to provide monthly submitted reports to the Board regarding her professional competence, and ability to work with others; she agreed to provide proof of competing 12 hours of continuing education for nurses, and to pay a $1000 fine. Board Action: A motion was made and seconded to approve the Agreement. VALENTINO/BURGHDUFF Motion carried 7-0-1, abstained. 15
16 XI. ADJOURNMENT There being no further business, and having completed its duties, the meeting of the Indiana State Board of Nursing adjourned at 2:20 p.m. Carolyn Slagle, R.N., C.N.S., President Date Jerry Burghduff, L.P.N., Secretary Date 16
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