BOARD OF EXAMINERS OF NURSING CARE INSTITUTION ADMINISTRATORS AND ASSISTED LIVING FACILITY MANAGERS 1400 West Washington, Suite B-8, Phoenix, Arizona 85007 Douglas A. Ducey (602) 364-2273 phone (602) 542-8316 fax Allen Imig Governor Email: information@aznciaboard.us Executive Director Board Members Fred Randolph, President Ken Kidder, Vice President Melanie Seamans, Member David Hasseltine, Member Pauline Campbell, Member Laura Olson, Member Web Site: www.aznciaboard.us I. CALL TO ORDER MINUTES REGULAR MEETING December 14, 2015 President Randolph called the meeting to order at 9:18 a.m. II. ROLL CALL Present: Absent: Attendance: Ken Kidder, Fred Randolph, Melanie Seamans, David Hasseltine, Laura Olson Pauline Campbell Allen Imig, ED, Phil Smyth, Investigator, Zakiya Mallas, Licensing Specialist, Bridget Harrington, AAG, Christopher Munns, Solicitor General III. CALL TO THE PUBLIC No one wished to speak. IV. APPROVAL OF MINUTES 1. November 9, 2015 Regular Board Meeting Minutes Member Kidder made a motion that was seconded by Member Hasseltine to approve the November 9, 2015 regular meeting minutes. The motion passed 5 0. V. FORMAL HEARING A. Individual formal hearings by the Board, appeal of certificate denial 2. Nicaj, Tommy Case# 16-26 Applicant Vice President Kidder conducted the hearing. Mr. Nicaj was not present.
December 14, 2015 NCIA Board Meeting Minutes Page 2 of 8 Bridget Harrington, AAG, represented the State. Christopher Munns was present to provide legal advice to the Board. Ms. Harrington requested that since Mr. Nicaj was not present and it is his burden of proof to show he is qualified for an assisted living facility manager certificate, that the Board affirms their denial. Member Kidder made a motion that was seconded by Member Randolph to affirm the denial of certification to Tommy Nicaj. A roll call vote passed 5 0. The hearing was concluded VI. CONSENT AGREEMENT / PROBATION TERMINATION A. Consent agenda to terminate probation as the terms were met: 3. 15-64 Garcia, Evelyn E. Manager 4. 16-03 Gutzman, Laurie Manager 5. 15-01 Platinum Training Services ALMTP - 0006 Member Kidder made a motion that was seconded by Member Seamans to approve the three terminations of probation requests as their terms were met. The motion passed 5 0. VII. COMPLAINT CASE A. Board review, consideration and action on prior Board action on a consent agreement. 6. 16-27 Burleigh, J. Edward Administrator Investigator Smyth summarized the circumstances for the Board that Mr. Burleigh did receive his fingerprint clearance card a couple of days after the meeting and the consent agreement to suspend his license until a valid card was obtained was not relevant. Member Kidder made a motion that was seconded by Member Seamans to rescind the previous motion regarding Mr. Burleigh and that the Board finds insufficient evidence of a violation but issue a letter of concern for failing to maintain a valid fingerprint clearance card. The motion passed 5 0. B. Board individual review, consideration and action regarding new complaints: 7. Complaint # 16-31 Bestic, Sandra Administrator Open Date: 10/29/15 from Katherine Benner the wife of a former resident at Phoenix Mountain Nursing Center, located at 13232 N. Tatum Blvd., Phoenix. The occurrence happened 18 months ago and per ARS 36-446.07(K) a complaint must be filed within one year of the incident. Member Kidder made a motion that was seconded by Member Randolph to dismiss complaint 16-31 against Sandra Bestic, for lack of jurisdiction per ARS 36-446.07(K). The motion passed 5 0.
December 14, 2015 NCIA Board Meeting Minutes Page 3 of 8 8 Complaint # 16-24 Fischbeck, Courtney Administrator Open Date: 09/28/15 from Lisa Montano a friend of a resident at South Mountain Post Acute, located at 8008 S. Jesse Owens Parkway, Phoenix. Ms. Montano alleged: Resident suffered neglect and abuse Failure to fulfill caretaking responsibilities Resident developed bedsores Mr. Fischbeck was present and answered the Board s questions regarding the complaint. None of the charge nurses in the facility had received a complaint regarding Ms. Montano s allegations. Ms. Montano was caught by staff interfering with resident care. The resident s POA requested that Ms. Montano be barred from seeing the resident. Ms. Montano was present and answered the Board s questions regarding her complaint. There were discrepancies in what Ms. Montano s said and what Mr. Fischbeck relayed and what the medical records indicated. After hearing from both parties, Member Kidder made a motion that was seconded by Member Olson to dismiss complaint 16-24 against Courtney Fishbeck, for insufficient evidence of a violation. The motion passed 4 1 with Member Hasseltine voting nay. 9. Complaint # 16-18 Belisle, Daniel Administrator Open Date: 9/21/15 Investigator Smyth summarized the complaint for the Board. DHS conducted a re-certification survey in conjunction with 16 complaint investigations at Westchester Care Center, located at 6100 S. Rural Rd., Tempe and identified 13 deficiencies in 13 different areas. Some of the deficiencies included: Failure to ensure a resident was not sexually abused by another resident Failure to ensure a thorough investigation was conducted Medications not given as ordered Failure to maintain resident hydration Failure to maintain accurate clinical records Mr. Belisle was present and answered the Board s questions regarding a DHS survey. 14 of the 16 complaints were self-reported to DHS. All of the deficiencies were corrected either before the surveyor left or shortly afterwards. Member Seamans made a motion that was seconded by Member Kidder to dismiss complaint 16-18 against Daniel Belisle, for insufficient evidence of a violation. The motion passed 5 0. 10. Complaint # 16-30 Davis, Laurie Administrator Open Date: 10/23/15 from Debbie Bonifasi the daughter of a resident at Good Samaritan Society, Prescott Valley, located at 3880 N. Windsong Dr., Prescott Valley. Ms. Bonifasi alleged: ER found high level of Oxycodone was found in the residents system Resident was not prescribed Oxycodone Facility and ER blame each other for administering the Oxycodone
December 14, 2015 NCIA Board Meeting Minutes Page 4 of 8 Ms. Davis was present and answered the Board s questions regarding the complaint. Ms. Davis said all of their narcotics were accounted for including the e-cart. Ms. Davis had no idea what occurred after the resident was transferred to the ER. Ms. Bonifasi was not present at the meeting. Member Kidder made a motion that was seconded by Member Randolph to dismiss complaint 16-30 against Laurie Davis, for insufficient evidence of a violation. The motion passed 5 0. 11. Complaint # 16-21 Reed, Keitha Administrator Open Date: 9/22/15 Investigator Smyth summarized the complaint for the Board. DHS conducted a re-certification survey in conjunction with five complaint investigations at Estrella Center, located at 350 E. La Canada, Avondale and identified 19 deficiencies in 19 different areas. Some of the deficiencies included: Family not notified of a resident hospital admission Abuse investigation not filed timely Residents not provided care and services to prevent of pressure ulcers Medication administration requirements not met Inadequate catheter care for a resident Infection control protocols not followed Ms. Reed was not present at the meeting. She had been subpoenaed to attend but the subpoena was returned unclaimed. Member Kidder made a motion that was seconded by Member Randolph that based upon the information contained in the investigation report, the Board finds sufficient evidence of a violation of ARS 36-446.07(A)(3) as defined by ARS 36-446 (10)(a) for unprofessional conduct and AAC R4-33- 208(A), in complaint number 16-21 involving administrator Keitha Reed and to offer a consent agreement to be signed within 30 days or the matter will proceed to formal hearing. The terms shall include the following: 1. Suspension of certificate but stay the suspension as long as terms of the consent agreement are met. 2. Probation for 6 months that includes: a) $500.00 reimbursement of investigative costs b) 3 hours of Board approved continuing education in medication administration c) 3 hours of Board approved continuing education in ethics d) 3 hours of Board approved continuing education in abuse prevention e) 3 hours of Board approved continuing education in infection control f) 3 hours of Board approved continuing education in resident rights g) All continuing education classes must be pre-approved by the Board s Executive Director h) Any costs of the probation are those of the certificate holder i) Manager must request in writing termination of probation A roll call vote passed 5 0. 12. Complaint # 16-25 Pointer, Maria Manager Open Date: 9/28/15 from Lynae Cole the daughter and POA of a former resident at Because We Care, located at 8802 W. Puget Ave, Peoria. Ms. Cole alleged numerous allegations some of which were:
December 14, 2015 NCIA Board Meeting Minutes Page 5 of 8 Failure to provide adequate healthcare services to resident A sever communication problem with the manager Ms. Cole provided two sets of different allegations to the Board of which a verity of these complaints were reported to DHS and the Board of Nursing. DHS was unable to substantiate the allegations. The Board of Nursing has not completed their investigation. Ms. Pointer was present and represented by Counsel, Alexandria Rubin. Ms. Rubin summarized that the voluminous materials provided by Ms. Cole are basically made up by accusations and there is no evidence that there has been any misconduct or any failure to provide adequate care. Ms. Pointer said she did not stop any mediation s prior to receiving a doctor s order. After the DC order came from the doctor the resident then started exhibiting behaviors that were a health a safety issue for the resident and other residents. After talking to the doctor s nurse practitioner the medication was reinstated. When Ms. Cole found out she was upset the wanted it stopped. On two occasions the resident tuned off the oxygen concentrator of another resident. Ms. Pointer then terminated the residency agreement. Ms. Cole was present and answered the Board s questions regarding her complaint. Ms. Cole had previously worked with Ms. Pointer at St. Joseph s Hospital. Ms. Cole had a disagreement with Ms. Pointer over the medication her mother was being given. On one occasion a hospice representative was meeting with Ms. Pointer and Ms. Cole regarding the resident when Ms. Pointer left the meeting commenting that Ms. Cole was doing the resident a disservice. Ms. Cole felt that Ms. Pointer was resistant from then on to work with the hospice. During the Board discussion the issues appeared to be a communication problem and a relationship problem. The complaint to DHS included almost all of the elements that Ms. Cole communicated to the Board and DHS was on scene, in the building, in the medical records and interacting with staff and residents and did not substantiate any of the allegations. After the Board heard from both parties, Member Kidder made a motion that was seconded by Member Randolph to dismiss complaint 16-25 against Maria Pointer, for insufficient evidence of a violation. The motion passed 5 0. 13. Complaint # 16-29 Wallace, Marilyn Manager Open Date: 10/13/15 from Coleen Kelly the daughter and POA of a former resident at Adagio Gardens, located at 3429 E. Cholla St., Phoenix. Ms. Kelly alleged: Facility ran out of residents medication Narcotic medication missing Medication sheet was missing from HOA notebook Ms. Wallace was present and answered the Board s questions. Ms. Kelly brought the Tylenol with Codeine into the facility for her mother and there was not a doctor s order for that medication. Ms. Kelly also switched Hospice services without informing staff. Ms. Wallace also addressed the other allegations. Ms. Kelly was not present at the meeting.
December 14, 2015 NCIA Board Meeting Minutes Page 6 of 8 After hearing from Ms. Wallace, Member Kidder made a motion that was seconded by Member Randolph to dismiss complaint 16-29 against Marilyn Wallace, for insufficient evidence of a violation. The motion passed 5 0. VIII. ADMINISTRATOR LICENSURE AND MANAGER CERTIFICATION A. Consent Agenda to approve temporary administrator licenses, permanent administrator licenses, temporary manager certificates, permanent manager certificates, pending passing all required examinations within the substantive time frame or the license or certificate will be denied. 14. Temporary Administrator Licenses Eze, Ezedube Permanent Administrator Licenses Wagner, Carl Molaro, Katie Onwuchekwa, Kelechi Kuczynski, Kathleen Okeke, Patrick Eze, Ezedube Temporary Manager Certificates Spingola, Sueann Brooks, Brent Ernst, Elizabeth McGhee, Mia Sagmit, Welhelmina Permanent Manager Certificates Burningham, Jonathan Spingola, Sueann Hafemeister, Christine Brooks, Brent Tanglao, Lemuel Ernst, Elizabeth Salagean, Georgiana McGhee, Mia Gavrilas, Alin Gonzales- Herrera, Vivianne Sagmit, Welhelmina Member Hasseltine made a motion that was seconded by Member Kidder to approve the temporary and permanent administrator licenses, the temporary and permanent manager certificates, pending passing all required examinations within the substantive time frame or the license or certificate will be denied. The motion passed 5 0. B. Individual Board Review, Consideration and Action on Applicants Temporary and/or Permanent Administrator License or Manager Certificate. If approved, pending passing all required examinations within the substantive time frame or the license or certificate will be denied. 15. Coles, David Permanent and temporary administrator license Zakiya Mallas, Licensing Specialist summarized for the Board the issues related to the applicant which included a prior disciplinary action in another state. Applicant David Coles was present and answered the Board s questions regarding the matter. Member Kidder made a motion that was seconded by member Randolph to approve the temporary and permanent manager certificate, pending passing all required examinations within the substantive time frame or the certificate will be denied. The motion passed 5 0.
December 14, 2015 NCIA Board Meeting Minutes Page 7 of 8 16. Renner, Brandon Permanent manager certificate Zakiya Mallas, Licensing Specialist summarized for the Board the criminal issues related to the applicant. Mr. Renner had a prior felony conviction for stealing narcotic from a hospital where he worked as an RN. Mr. Renner s RN license was revoked. The Federal Health and Human Services, Office of Inspector General also put a five year exclusion on Mr. Renner. Applicant Brando Renner was present and answered the Board s questions regarding the criminal conviction. Member Kidder made a motion that was seconded by member Seamans to deny certification based on ARS 36-446.07(B)(1), conviction of a felony and ARS 36-446.04(C)(1) good character. A roll call vote passed 5 0. The Board directed staff to notify the OIG of Mr. Renner s employment with hospice. C. Individual Board Review, Consideration and Action on Temporary Manager Certificate, to deny for not qualifying due to failing the state examination. 17. Hafemeister, Christine Applicant for Temporary Manager Certificate Zakiya Mallas, Licensing Specialist summarized for the Board that applicant applied for a temporary manager certificate. On December 3, 2015 the applicant failed the manager examination and per ARS 36-446.06(D) did not qualify for the temporary manager certificate. Member Randolph made a motion that was seconded by member Olsen to deny the temporary manager certificate based on ARS 36-446.06(D). A Roll call vote passed 5 0. IX. ASSISTED LIVING FACILITY TRAINING PROGRAMS A. 18. Consent Agenda to Approve Assisted Living Facility Caregiver Training Program Renewal Regional Center for Border Health, Inc. ALCTP - 0024 Senior Care Institute, LLC ALCTP - 0019 The Meadows of Northern Arizona, Inc. ALCTP - 0004 True Joy Healthcare Training Center, LLC ALCTP - 0044 Platinum Training Services ALCTP 0005 Member Kidder made a motion that was seconded by member Seamans to approve the caregiver training program renewals. The motion passed 5 0. B. 19 Consent Agenda to Approve Assisted Living Facility Manager Training Program Renewal Platinum Training Services ALMTP - 0006 Arizona Medical Training Institute ALMTP 0001 Member Kidder made a motion that was seconded by member Seamans to approve the manager training program renewals. The motion passed 5 0.
December 14, 2015 NCIA Board Meeting Minutes Page 8 of 8 IX. OTHER BUSINESS A. New Business: The Board may Review, Consider and take Action 20. None X. ADMINISTRATIVE MATTERS The following items concern administrative matters and are provided for informational purposes only. They are not regulatory or policy matters and they do not require Board action. 21. Financial Reports Executive Director Imig reviewed the financial reports with the Board. As of December 1, 2015 the Board fund was at $291,627.00. 22. Complaints Status Report Investigator Smyth reviewed with the Board the complaint statistics and the number of upcoming cases. 23. Licensing Report Licensing Specialist Zakiya Mallas reported on application and licensing statistics for the previous month and year to date. 24. Legislation Update There was no legislation to update. 25. Rules Update There are no open dockets. The Governor s executive order was still in effect at least until December 31, 2015, unless it is renewed. 26 Training Program Report Executive Director Imig reported that there were now 44 caregiver training programs and 5 manager training programs. First time pass rates continue to increase. 27. Board Meeting Critique There was a brief meeting critique. XI. ADJOURNMENT Member Kidder made motion that was seconded by Member Randolph to adjourn. The meeting was adjourned at 12:48 p.m. The next regular meeting of the Board will be held on Monday, January 11, 2016 at 1400 W. Washington, Conference Room B-1, Phoenix, Arizona, at 9:00 a.m.