MINUTES OF THE MEETING NEBRASKA BOARD OF NURSING AUGUST 8, 2013 CALL TO ORDER The meeting of the Nebraska Board of Nursing was called to order by Crystal Higgins, Board President, at 8:30 a.m.,, at the Gold s Building, 1033 O Street, Room 531, Lincoln, Nebraska. Copies of the agenda were mailed in advance to the Board members, news media, and other interested parties in accordance with the Open Meetings Act. Higgins announced the location of an available copy of the Open Meetings Act. ROLL CALL The following Board members were present to answer roll call: Crystal Higgins, RN, Board President Janet Andrew, LPN Jane Carmody, RN Maxine Guy, LPN Anthony LaRiche, Public Member Linda Lazure, RN Karen Weidner, RN Kathryn Yost, RN, Board Secretary The following Board members were absent during roll call: Kelley Hasenauer, APRN-NP Lori Loomis, RN, Board Vice President Wendy McCarty, Public Member (arrived at 8:32 a.m.) Mary (Francie) McNeil, RN A quorum was present and the meeting convened. The following staff members from the Department and the Attorney General s Office were also present: Karen Bowen, RN, Executive Director Niki Eisenmann, RN, Practice Consultant Ruth Schuldt, RN, Compliance Monitor Shane Bailey, Health Licensing Coordinator Lisa Anderson, Assistant Attorney General Teresa Hampton, Attorney (arrived at 12:18 p.m.) Michael Grutsch, PA, Program Manager Janeen Berg, RN, Investigator Kristi Chapman, RN, Investigator Pat Lemke, RN, Investigator Peggy Persell, RN, Investigator Sue Rydberg, RN, Investigator ADOPTION OF THE AGENDA Bowen announced to the Board that Kaplan University Omaha had requested to withdraw their current RN-1 application for a BSN program, and therefore the approval of Kaplan s application needed to be removed from the agenda. LaRiche stated the agenda needed a number of corrections, among which were corrections to a few of the course titles of education programs scheduled for approval, plus the inclusion of the quarterly NCLEX-PN and NCLEX-RN reports as part of the consent agenda. MOTION: Weidner made the motion, seconded by Lazure, to approve the agenda with modifications. These minutes were approved by the Board of Nursing.
P a g e 2 ADOPTION OF THE CONSENT AGENDA LaRiche and Higgins asked for corrections to be made to the minutes of the July 10, 2013 meetings of the Education Committee and Practice Committee, plus the July 11, 2013 Board of Nursing meeting. The quarterly NCLEX-PN and NCLEX-RN reports were briefly considered. LaRiche expressed approval in how the NCLEX report information was conveyed in a cover letter Bailey had sent to the Board. Carmody and Lazure expressed their disappointment in the lower NCLEX pass rates of the April 1 st to June 30 th quarter. MOTION: Guy made the motion, seconded by Andrew, to approve the following consent agenda with corrections: a) Minutes of the July 10, 2013 Education Committee meeting b) Minutes of the July 10, 2013 Practice Committee meeting c) Minutes of the July 11, 2013 Board of Nursing meeting d) Quarterly NCLEX-PN and NCLEX-RN reports MOTION TO CONTINUE BOARD HEARING On August 7, 2013, Tami Bertrand, LPN, filed a Motion to Continue her hearing due to an out-of-state family emergency. Lisa Anderson, Assistant Attorney General, informed the Board that the Department did not object to the Motion. The Board granted the continuance. CLOSED SESSION MOTION: Lazure made the motion, seconded by Weidner, for the Board to go into closed session for the purpose of reviewing investigative reports, initial applications and reinstatement applications, and to prevent needless injury to the reputation of individuals. 8:49 a.m. The Board went into closed session. 9:03 a.m. Carmody left the meeting. 9:14 a.m. Carmody returned to the meeting. 9:42 a.m. The meeting recessed. 9:57 a.m. The meeting reconvened and Carmody left the meeting. 9:59 a.m. Carmody returned to the meeting. 10:04 a.m. Higgins left the meeting. 10:09 a.m. Higgins returned to the meeting. 10:33 a.m. Carmody left the meeting. 10:37 a.m. Carmody returned to the meeting. 11:24 a.m. Lazure left the meeting. 11:27 a.m. Lazure returned to the meeting as Andrew left the meeting. 11:30 a.m. Andrew returned to the meeting. 12:18 p.m. The meeting recessed as Hampton arrived to the meeting. 12:30 p.m. The meeting reconvened in closed session. 12:30 p.m. Anderson left the meeting. 12:41 p.m. The Board came out of closed session.
P a g e 3 12:42 p.m. Anderson returned to the meeting and the Board recessed for lunch 1:06 p.m. The meeting reconvened in open session. LICENSURE RECOMMENDATIONS JESSICA BANGERT RN APPLICANT MOTION: Yost made the motion, seconded by Carmody, that the Board recommend issuance of an initial RN license on probation for five years to Jessica Bangert. The terms of probation shall include: abstain from alcohol, abstain from controlled substances and other prescription medication unless prescribed by a treating practitioner, submit verification from treating practitioner of all prescription medications, report all prescription medications taken, submit to random body fluid screens, advise the Department of any professional counseling and submit reports, comply with treatment recommendations, and actively practice nursing for 3,120 hours during the five-year period, along with the usual terms and conditions. The recommendation is based upon an alcohol dependency diagnosis and misdemeanor convictions. AJAY BERTSCHINGER LPN APPLICANT MOTION: Andrew made the motion, seconded by Guy, that the Board recommend issuance of an initial LPN license on probation for three years to Ajay Bertschinger. The terms of probation shall include: abstain from alcohol, abstain from controlled substances and other prescription medication unless prescribed by a treating practitioner, submit verification from treating practitioner of all prescription medications, report all prescription medications taken, submit to random body fluid screens, advise the Department of any professional counseling and submit reports, comply with treatment recommendations, and actively practice nursing for 3,120 hours during the three-year period, along with the usual terms and conditions. The recommendation is based upon an alcohol abuse diagnosis and misdemeanor and felony convictions. LACEY SWANSON RN APPLICANT MOTION: Weidner made the motion, seconded by Lazure, that the Board recommend a pre-licensure investigation to make a more informed decision. CHASSI WILLIAMS RN APPLICANT MOTION: Carmody made the motion, seconded by LaRiche, that the Board recommend a pre-licensure investigation to make a more informed decision.
P a g e 4 MARY ZACH RN APPLICANT MOTION: Guy made the motion, seconded by Andrew, that the Board recommend a pre-licensure investigation to make a more informed decision. Voting Yes: Andrew, Carmody, Guy, LaRiche, McCarty, Weidner, and Yost. Voting No: None. Abstain: Higgins and Lazure. Absent: Hasenauer, Loomis, and McNeil. Motion carried. AMY ROHLOFF LPN & LPN-C APPLICANT MOTION: McCarty made the motion, seconded by Andrew, that the Board recommend reinstating the LPN license and LPN-C license of Amy Rohloff. This recommendation is based upon positive employer reports during the probationary period, negative body fluid screens, and completion of 1,640 practice hours during the past five-and-a-half years. EDUCATION COMMITTEE MOTION: The Education Committee made the motion for the Board to approve, with inclusion of the suggestions made, ADNR 2112 Care of the Older Adult for the AD program at Western Nebraska Community College. MOTION: The Education Committee made the motion for the Board to approve the revised conceptual framework and curriculum definitions as submitted by Southeast Community College s AD program. MOTION: The Education Committee made the motion for the Board to approve the NUR 110 Practical Nurse Caring with Adults I as submitted by the Clarkson College PN program. MOTION: The Education Committee made the motion for the Board to approve the three courses (NURS 383 Mental Health; NURS 312 Pathophysiology II; and NURS 322 Medical-Surgical II) for the BSN program at Union College.
P a g e 5 MOTION: The Education Committee made the motion for the Board to approve the NS 474 Pharmacology III for the Clarkson College RN program. Weidner reminded the Board of how the RN-1 application submitted by Kaplan University--Omaha was withdrawn by request of Kaplan University. MOTION: The Education Committee made the motion for the Board to approve the application for a Dedicated Education Unit as submitted by the Creighton University BSN program to include the timeline as submitted as a part of the application and including the evaluation of the project to be presented to the Board of Nursing s Education Committee. Voting Yes: Andrew, Carmody, Guy, LaRiche, McCarty, Weidner, and Yost. Voting No: None. Abstain: Higgins and Lazure. Absent: Hasenauer, Loomis, and McNeil. Motion carried. Weidner briefly referred the Board to look at Title 97, Chapter 97-019.03B, regulations pertaining to a nursing program submitting an RN-1 application for approval. MOTION: The Education Committee made the motion for the Board to approve the RN-1 application as submitted by Nebraska Wesleyan University with the requirements that 1) a letter from the head of the governing body of the controlling institution be submitted, showing support of the application, and 2) a copy of the articles of incorporation and of the resolution of its governing body authorizing it to establish a basic RN program be submitted to the Board at the same time as the RN-1 application, and, as part of the approval, a site visit to Nebraska Wesleyan University be completed. PRACTICE COMMITTEE MOTION: The Practice Committee made the motion for the Board to approve the advisory opinion Vascular Closure Devices. MOTION: The Practice Committee made the motion for the Board to approve the advisory opinion Delegation of Vagal Nerve Stimulator Magnets. CENTER FOR NURSING FOUNDATION LaRiche informed the Board of how the Center for Nursing Foundation met on July 22, 2013. It was the final Foundation meeting for Sheila Exstrom, former Nursing Education Consultant of the Department. The Foundation is expecting to receive a $25,000 grant from Union Pacific Railroad to help support the
P a g e 6 Passport program. The Foundation should be notified in February 2014 on the status of the grant. LaRiche believes all nursing schools have paid their contribution fees to the Passport program. Lazure suggested to LaRiche to consider adding Exstrom to the Center for Nursing Foundation s board. BOARD BUSINESS Bowen informed the Board that, as part of the Open Meetings Act, they were required to make an annual decision on how they wanted to notify the public of their meetings. Bowen asked whether or not they wanted to continue posting the agenda in the State Office Building and on the DHHS website. MOTION: Weidner made the motion, seconded by Lazure, for the Board to notify the public of the Nebraska Board of Nursing s meetings by posting the notice of the meetings on the DHHS website and in the State Office Building. The Board briefly viewed the updated Strategic Plan and made no further recommendations at the time. Bowen informed the Board of her meeting later this month with the Nebraska State Patrol regarding criminal background checks. If legislation is passed, requiring the Nebraska State Patrol to conduct FBI background checks on RN and LPN applicants, it will be an increase in the workload of the State Patrol. Bowen was asked by the State Patrol to keep this workload increase in mind and for her office to make the process as easy as possible for the State Patrol. Yost asked if each individual applicant undergoing the background check would be required to pay the Nebraska State Patrol s fee. Bowen said yes. Eisenmann stated that at the present time, the fee is approximately $37.00 per applicant. Bowen reminded the Board how Weidner had made the suggestion at July s meeting of forming a work group with the intent of looking at the criminal background check procedure and implementing a process to prepare the Board to introduce new legislation on this matter. Weidner and other Board members expressed interest in having such a group. Higgins asked for volunteers to form the criminal background check task force group. Hampton informed the Board that the work group could not consist of a quorum. Weidner, Lazure, and Andrew volunteered. Bowen reminded the Board of how the FBI criminal background check is a single-purpose check; it is only to be used for that particular license. The process will require the licensure applicant to go to a Nebraska State Patrol office and have a fingerprint scan. The prints will then be sent to the Licensure Unit, Office of Nursing, where they will be securely locked up. After the license has been issued, the prints are shredded under supervision. Eisenmann referred the Board to the Nurse Practice Act online course. Bowen stated that the exam for the online course is a jurisprudence exam. It is the intent of Bowen and Eisenmann to submit the Nurse Practice Act online course to the National Council of State Boards of Nursing (NCSBN) for their approval and posting on their website. MOTION: Carmody made the motion, seconded by LaRiche, for the Board to endorse and approve the Nebraska Nurse Practice Act online course and for it to be sent to the National Council of State Boards of Nursing.
P a g e 7 COMMUNICATION Bowen reminded the Board of the NCSBN Annual Meeting and Delegate Assembly to take place the following week, August 13-16, 2013, in Providence, Rhode Island. Bowen, Eisenmann, Higgins, Hasenauer, Yost, and Andrew will be attending. Bergman-Evans, chair of the Nebraska Board of Advanced Practice Registered Nurses, will be joining the group at the national conference. Bowen stated that Ireland submitted an updated application to become a NCSBN associate member. 2:11 p.m. Andrew left the meeting. 2:14 p.m. Andrew returned to the meeting. Bowen informed the Board how she had met with Deans and Directors regarding changes to the curriculum of practical nursing programs. Higgins explained how they re looking at introducing the LPN-C into the LPN curriculum. Hampton made the suggestion for the Board to submit this plan to the 407 Credentialing Review for input before it gets introduced to the Legislature. Lazure informed the Board that at the invitation of Senator Kathy Campbell, she has joined the LR22 Committee. The general purpose of this legislative committee is to collaborate with other legislative committees, policymakers, insurers, health care organizations, consumers, patients, partner stakeholders, and others to work at controlling health care costs and improving the quality of health care. 2:22 p.m. Higgins left the meeting. 2:23 p.m. McCarty left the meeting. 2:25 p.m. Higgins returned to the meeting. The Board briefly discussed the percentages of NCLEX pass rates. 2:27 p.m. McCarty returned to the meeting as Yost left the meeting. 2:30 p.m. Yost returned to the meeting. In response to general inquiry from the Board, Bowen provided an overview of the license renewal process for nurses and the general steps office staff undertake prior to issuing the license. CONCLUSION AND ADJOURNMENT There being no further business, the meeting adjourned at 2:41 p.m. Respectfully submitted, Shane Bailey Health Licensing Coordinator