MINUTES OF THE MEETING of the NEBRASKA BOARD OF NURSING CALL TO ORDER The meeting of the Nebraska was called to order by Maxine Guy, Board President, at 8:33 a.m.,, at the Gold s Building, Room 534, 1033 O St, Lincoln, Nebraska. Copies of the agenda were mailed in advance to the Board members, emailed to interested parties, posted outside the Licensure Unit within the Nebraska State Office Building, and posted on the Department of Health & Human Services website. Guy announced the location of an available copy of the Open Meetings Act within the room. ROLL CALL The following board members were present to answer roll call: Janet Andrew, LPN Maxine Guy, LPN, Board President Wendy Kallhoff, RN Louise LaFramboise, RN Anthony LaRiche, Public Member, Secretary Kathleen Pepin, RN Kristene Perrin, RN The following board member was not present during roll call: Karen Weidner, RN (arrived at 8:34 a.m.) The following board members were absent: Jane Carmody, RN, Kelley Hasenauer, APRN-NP, Vice- President, Dawn Straub, RN, and Rita Thalken. The following staff members from the Department and the Attorney s General Office were also present: Becky Wisell, Administrator, Licensure Unit Laura Weber, Interim Practice Consultant, Investigator Sherri Joyner, Health Licensing Coordinator Karen McGann, Health Licensing Specialist Anna Harrison, RN, Compliance Monitor Matt Gelvin, Program Manager Teresa Hampton, Attorney Christopher C.J. Roberts, Attorney Lisa Anderson, Assistant Attorney General Ami Huff, Assistant Attorney General Mindy Lester, Assistant Attorney General Peggy Persell, Investigations Unit Program Manager (arrived at 1:00 p.m.) Jessica Bowman, Investigator (arrived at 1:00 p.m.) Sharon Fitts, Investigator (arrived at 1:00 p.m.) Pat Lemke, Investigator (arrived at 1:00 p.m.) A quorum was present, and the meeting convened. ADOPTION OF THE AGENDA MOTION: Kallhoff made the motion, seconded by Andrew, to approve the revised agenda of the Nebraska State for. These minutes were approved by the on February 18, 2016.
P a g e 2 APPROVAL OF THE CONSENT AGENDA MOTION: LaFramboise made the motion, seconded by Weidner, to approve the consent agenda with changes as discussed. COMMUNICATION Staff Updates Wisell announced that the top candidate for the Executive Director position has been selected and forwarded to the DHHS Human Resources office. Because they would like the Executive Director to play a role in selecting the new Education Consultant and Practice Consultant, they will begin the selection process for those positions when the Executive Director is hired. Wisell said Weber is doing an excellent job as Interim Practice Consultant and thanked her for her work. Nursing News Joyner said that for the next edition of the newsletter she was preparing articles about nurse licensing for new graduates, how to apply for board vacancies, a report on the Board s 2013-15 Strategic Plan, and the Nebraska Center for Nursing. Weidner suggested including articles submitted by LaFramboise, Pepin, and Perrin, as these Board members have not yet been featured in the newsletter. Nebraska Nurses Association Newsletter Members referred to a letter from the Nebraska Nurses Association (NNA) inviting the Board to submit articles to the joint NNA/Nebraska Nurses Foundation newsletter. Perrin suggested submitting an article about the criminal background check requirement for initial nurse licensure. Wisell suggested an article about the Licensure Unit s involvement in the Process Improvement Program. LaRiche asked about the Nebraska Nurses Foundation and its function. Wisell said she would try to obtain more information. Legislative Updates Wisell spoke about LB 859, a proposal to have the Department, rather than boards, issue cease and desist orders, although the Department would first obtain a recommendation from the relevant board. Perrin said she thought the proposal was a good idea. LaRiche said that because the has not issued many cease and desist orders, he did not think the Board needed to issue a letter of support for the bill. Wisell also mentioned LB 708, which would create an endorsement for facilities that provide memory care, and LB 722, which would establish protocols for treating stroke patients. LB 471 has been carried over from the previous session. LB 471 would change Nebraska s prescription monitoring program, including adding a requirement that all controlled substance prescriptions be entered into the system, and would also create a veterinary prescription monitoring task force. Wisell reported that Nebraska recently received a $3,000,000 grant to strengthen its prescription monitoring program.
P a g e 3 NCSBN Mid-Year Meeting Guy, Pepin, and Perrin are interested in attending the NCSBN Mid-Year Meeting. The NCSBN will reimburse the costs for two Board members or Board staff to attend. Joyner will ask NCSBN for funding of a third member. Arrangements will also be made so that the new Executive Director or Becky Wisell can attend. CENTER FOR NURSING FOUNDATION UPDATE LaRiche said that if any other Board members had a strong interest in fundraising, he would encourage them to apply for a position on the Foundation. Members referred to an email from Cindy Hadenfeldt, a Center for Nursing (CFN) Board representative on the Foundation Board. One of the concerns expressed in the email is whether the Foundation has adequate membership. Wisell said many CFN Board members seem to have limited knowledge on the origins of the Foundation. Additional information is needed before any decisions are made about the Foundation s future. Weidner noted that there seems to be a lot of nursing-related foundations, and that perhaps they could work more collaboratively. EDUCATION COMMITTEE Motion: The Education Committee made the motion for the to approve the MSN waiver for Ashley Parcel for clinical faculty for the Northeast Community College PN and ADN programs. Voting Yes: Andrew, Guy, Kallhoff, LaFramboise, LaRiche, Pepin, and Perrin. Voting No: None. Abstain: Weidner. Absent: Carmody, Hasenauer, Straub, and Thalken. Motion carried. Motion: The Education Committee made the motion for the to approve the ITT/Breckinridge ADN Program course NU 1220, Medical Terminology/Dosage Calculations. LATERAL VIOLENCE CONTINUING EDUCATION COURSE The Board reviewed information about two continuing education courses on the topic of lateral violence. Anderson noted that when coursework on a particular topic is required as a component of disciplinary action, the order does not mention a specific course number or provider, but it does require that person complete a course on the topic that has been approved by the Board. MOTION: Weidner made the motion, seconded by Perrin, that the approve the Elite Continuing Education course Horizontal Violence in Health Care Organizations: Why Peers Bully Peers. LPN-C STATUTES The Board would like to eliminate the LPN-C statutes by integrating intravenous therapy into the Nurse Practice Active. Gelvin advised that this would represent a change in the LPN scope of practice, and thus, a 407 Credentialing Review process would likely be required. Gelvin said the boards are allowed to initiate credentialing review. To begin the process, a representative needs to submit a letter of intent (including
P a g e 4 the name of a contact person) via Gelvin to the DHHS CEO, Courtney Phillips. After obtaining CEO approval, Gelvin would work with the contact person to help them through the 407 Review process. He said that the process generally take 6-8 months. REVIEW OF DRAFT NURSING REGULATIONS The Board reviewed proposed revisions to the Regulations Governing the Practice of Nursing (172 NAC 101). Members also reviewed a handout listing the continuing education requirements for nurses in the other twenty-four states that belong to the Nurse Licensure Compact. Joyner noted that she could not find any instances where other Nurse Licensure Compact states used the term peer-reviewed in their continuing education requirements. [Discussion continued after the hearing. See below for details.] 9:45 a.m. Meeting went into recess. 10:00 a.m Meeting reconvened. BOARD HEARING STEPHANIE BLOME-WEIBEL, RN The reinstatement hearing requested by Stephanie Blome-Weibel, RN, convened at 10:00 a.m. Teresa Hampton, Department Attorney, served as the hearing officer. The Department was represented by Lisa Anderson, Assistant Attorney General. A court reporter was present. Evidence was presented, and Ms. Blome-Weibel provided testimony. MOTION: Kallhoff made the motion, seconded by Andrew, to go into closed session for the Board to deliberate upon the hearing of Stephanie Blome-Weibel, RN. 10:40 a.m. The meeting went into Closed Session. Blome-Weibel, Anderson, Huff, Lester, Pepin, and Weidner left the meeting. 10:50 a.m. The meeting returned to Open Session. Anderson, Huff, Lester, Pepin, and Weidner returned to the meeting. The hearing officer announced that the hearing will be rescheduled because a quorum of eligible voting board members was not present. REVIEW OF DRAFT NURSING REGULATIONS CONT D Members discussed the draft s definition of peer-reviewed and approved. Pepin noted that the term peerreviewed continuing education is a source of confusion, and it might be best to stop using the term. Perrin suggested replacing peer-reviewed and approved with a definition for approved provider based on Delaware s definition. Members agreed to delete the definition of peer-reviewed and approved, and to add the following definition: Approved provider means an entity that is one of the following: A nationally accredited provider of nursing related continuing education; or an organization or agency that is approved as a provider or has programs that are approved by a nationally accredited approver of nursing related continuing education; or a approved school of nursing; or an organization approved as a provider by a of another U.S. jurisdiction or territory and which is a member of the National Council of State Boards of Nursing.
P a g e 5 Members agreed to replace the term peer reviewed and approved nursing continuing education in section 101-005.04A with acceptable nursing continuing education. Members agreed to replace the term formally peer reviewed and approved for nursing in section 101-005.04D with from an approved provider for nursing. Staff will look for any other occurrences of peer reviewed in the draft and make appropriate changes. Members discussed sections of the draft regulations pertaining to graduates of foreign nursing schools. Members agreed to retain the draft s inclusion of specific passing scores for English-language proficiency exams. LaFramboise pointed out that some states do not require foreign-educated nurses to have their education evaluated by the Commission on Graduates of Foreign Nursing Schools (CGFNS), McGann asked if the regulations should specify that that foreign-educated nurses applying by endorsement are required to submit a CGFNS credentials evaluation report. The discussion of CGFNS credentials evaluation led in to a discussion of transcript evaluation in general. Anderson reported that she had discussed the issue with Karen Bowen, the former Executive Director. Bowen s position, according to Anderson, was that in cases where the applicant graduated from a U.S. nursing school, evidence of having been issued a license by another state is sufficient verification that the applicant graduated from an approved program. Weber mentioned that she recently received a call from someone who had obtained a California LVN license without going to nursing school, leaving open the possibility that a nurse licensed in another state might not have graduated from an approved nursing program. On the topic of temporary licenses for nurses currently licensed in another state, members asked that requirements listed in the draft be renumbered and reworded to clarify that in order to issue the temporary license, only one of the following items can be missing: official transcripts, or official certification of licensure, or criminal history record information if the applicant s fingerprints have been submitted to the Nebraska State Patrol. According to the regulations, a temporary license can be issued prior to receipt of official certification of licensure, but documentation of current licensure is required. Weidner noted that the difference between official certification of licensure and documentation of current licensure is confusing. Those present discussed whether to keep in the draft the section consisting of the Nurse Licensure Compact (NLC) s Model Rules. Roberts said he would review the NLC section. LaRiche asked Wisell if she could contact Karen Bowen to find out the rationale for adding the section to the draft. Weidner asked if Board members wanted to establish committees regarding two potential legislative initiatives: 1) incorporating LPN-C duties into the Nurse Practice Act and 2) adoption of the Enhanced Nurse Licensure Compact. Hampton said that a Board or another group could introduce legislation. Wisell said the Department is usually asked in May or June if it is interested in introducing any legislative proposals. At that time, they can also decide to reach out to outside organizations that might be interested in sponsoring legislation. Further discussion of the draft regulations, including requirements for graduates of foreign programs, will occur at the Board s February meeting. 12:15 p.m. Meeting went into recess. 1:05 p.m. Meeting reconvened. MOTION: Andrew made the motion, seconded by Kallhoff, for the Board to go into closed session for the purpose of reviewing and discussing investigative reports, licensure applications, and other confidential information, and for the prevention of needless injury to the reputation of the individuals.
P a g e 6 CLOSED SESSION 1:10 p.m. Meeting went into closed session. Anderson, Huff, and Lester left meeting. 1:20 p.m.. Anderson, Huff, and Lester returned to meeting. Hampton and Roberts left meeting. 2:05 p.m. Pepin left meeting. 2:24 p.m. Pepin returned to meeting. Weidner left meeting. 2:40 p.m. Weidner returned to meeting. 3:20 p.m. The meeting returned to Open Session. LICENSURE RECOMMENDATIONS VANESSA M. BARDALES LPN REINSTATEMENT FOLLOWING DISCIPLINARY ACTION MOTION: Andrew made the motion, seconded by Kallhoff, to deny early termination of probation of Bardales s LPN license based on: the probationary period has not been completed; there is no due cause for early termination of probation; and there is insufficient evidence presented to substantiate a change in circumstances. CEANNA L. SCHROEDER RN REINSTATEMENT FOLLOWING DISCIPLINARY ACTION MOTION: Weidner made the motion, seconded by LaRiche, to deny early termination of probation of Schroeder s RN license based on: the probationary period has not been completed; there is no due cause for early termination of probation; and there is insufficient evidence presented to substantiate a change in circumstances. KATHERINE A. EGGERS RN APPLICATION MOTION: Pepin made the motion, seconded by Kallhoff, to issue Eggers an unrestricted RN license. DEBRA A. KROMIS RN APPLICATION MOTION: LaRiche made the motion, seconded by Perrin, to issue a temporary license to Debra Kromis, RN, to complete a Board-approved refresher course within 18 months, and after successful completion of the refresher course, to issue an unrestricted RN license. Voting Yes: Andrew, Guy, Kallhoff, LaFramboise, LaRiche, Pepin, and Perrin. Voting No: Weidner. Abstain: None. Absent: Carmody, Hasenauer, Straub, and Thalken. Motion carried.
P a g e 7 VICTORIA A. ODETTE RN APPLICATION MOTION: Kallhoff made the motion, seconded by Weidner, to deny Odette s application for a RN license on the basis of misdemeanor convictions and a diagnosis of alcohol abuse. CASSAUNDRA M. SLAYTON LPN APPLICATION MOTION: Weidner made the motion, seconded by Perrin, to deny Slayton s application for a LPN license on the basis of prior misdemeanor convictions. Voting Yes: Andrew, Guy, Kallhoff, LaFramboise, LaRiche, Perrin, and Weidner. Voting No: None. Abstain: Pepin. Absent: Carmody, Hasenauer, Straub, and Thalken. Motion carried. REBECCA L WILLITS LPN APPLICATION MOTION: Andrew made the motion, seconded by Kallhoff, to request a pre-licensure investigation in order to make a more informed decision. JOELLE M. RICHARDSON RN NON-DISCIPLINARY REINSTATEMENT MOTION: LaRiche made the motion, seconded by Weidner, to request a pre-reinstatement investigation in order to make a more informed decision. CONCLUSION AND ADJOURNMENT There being no further business, the meeting adjourned at 3:30 p.m. Respectfully submitted, Sherri Joyner Health Licensing Coordinator