MINUTES REGULAR MEETING. October 17, 2011

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1 BOARD OF EXAMINERS OF NURSING CARE INSTITUTION ADMINISTRATORS AND ASSISTED LIVING FACILITY MANAGERS 1400 West Washington, Suite B-8, Phoenix, Arizona Janice K. Brewer (602) phone (602) fax Allen Imig Governor Executive Director Board Members Ken Kidder, President Vicki McAllister, V.P. Maria Balint, Member Doyle Boatwright, Member Mark Laney, Member Kristie Larsen, Member Robin Burr, Member Dan Stamo, Member Thomas Iozzo, Member Fred Randolph, Member Web Site: I. CALL TO ORDER MINUTES REGULAR MEETING October 17, 2011 President Kidder called the meeting to order at 9:00 a.m. II. ROLL CALL Present: Absent: Attendance: Ken Kidder, Maria Balint, Doyle Boatwright, Mark Laney, Vicki McAllister, Robin Burr, Dan Stamo, Thomas Iozzo, Fred Randolph Kristie Larsen Allen Imig, ED, Phil Smyth, Investigator, Peggy Wilkinson, Licensing Coordinator III. CALL TO THE PUBLIC No one wished to speak. IV. APPROVAL OF MINUTES 1. September 12, 2011 Regular Board Meeting Minutes Member McAllister made a motion that was seconded by Member Boatwright to approve the September 12, 2011 regular meeting minutes. V. CONSENT AGREEMENT / PROBATION TERMINATION A. Consent agenda to terminate probation as the terms were met: Ene-Neagu, Mihalia Manager 02/16/ White-Cole, Linda Manager 01/20/10

2 October 17, 2011 NCIA Board Meeting Minutes Page 2 of 8 Member McAllister made a motion that was seconded by Member Balint to terminate the probation of Mihalia Ene-Neagu and Linda White-Cole, in complaint and 10-64, as the conditions were met. VI. COMPLAINT CASE A. Board Individual Review, Consideration and Action regarding new complaints: 4. Complaint # Jorgensen, Israel Administrator Open Date: 05/13/11 Investigator Smyth summarized the complaint for the Board. Board staff received a letter of complaint from Rebecca Romero the daughter of a prior resident at Sunset Hills Care & Rehabilitation, located at 1933 W. Pepper Tree Dr., Safford. Ms. Romero alleged: Resident suffered gangrene on her foot Hygiene care was poor Medical needs were not met Resident suffered sores Mr. Jorgensen was present along with the facilities general counsel, David Grant. Mr. Jorgensen answered the Board s questions regarding the complaint. The facility had substantial documentation regarding the care and treatment of the resident. The POA, who was not the complainant, was involved with the facility and doctors regarding the treatment of the resident. The complainant Ms. Romero was present and answered the Board s questions. Ms. Romero admitted she was not the POA and was not on the list to get information about evaluations and treatment. After hearing from Mr. Jorgensen and Ms. Romero, Member Kidder made a motion that was seconded by Member Boatwright to dismiss complaint against Israel Jorgensen, for insufficient evidence of a violation. 5. Complaint # Amoscato, Karen Manager Open Date: 07/18/11 Investigator Smyth summarized the complaint for the Board. Board staff received a letter of complaint from Judith Landers the daughter of a former resident at Wildflower Senior Assisted Living Home, located at 1517 W. Bramble Berry Ln., Phoenix. Ms. Amoscato alleged: Security deposit not refunded in full Documentation not provided regarding rate increase Ms. Amoscato was present and answered the Board s questions regarding the complaint. The complainant Ms. Landers was not present. After hearing from Ms. Amoscato, Member Kidder made a motion that was seconded by Member Laney to dismiss complaint against Karen Amoscato, for insufficient evidence of a violation. 6. Complaint # Grodzicki, Mark Manager Open Date: 09/02/11 Investigator Smyth summarized the complaint for the Board. Board staff received a letter of complaint from Diane Clark the POA of a former resident at Kierland Assisted Living Home, located at N. 68 th Pl, Scottsdale. Ms. Clark alleged:

3 October 17, 2011 NCIA Board Meeting Minutes Page 3 of 8 Failure to provide a menu Failure to provide activities for the residents Bed bugs at the facility Mr. Grodzicki was present and answered the Board s questions regarding the complaint. The complaint Ms. Clark was not present. Member Boatwright made a motion that was seconded by Member McAllister to dismiss complaint against Mark Grodzicki, for insufficient evidence of a violation. The motion passed unanimously, Complaint # Heler, Maria Manager Open Date: 08/15/11 Investigator Smyth summarized the complaint for the Board. Board staff received a letter of complaint from C.E. Cook a former resident at Hayden Villa Assisted Living, located at 7919 E. Cactus Rd., Scottsdale. Mr. Cook alleged: Privacy right were violated Bedroom temperature was hot Dispensing of medications Ms. Heler was present and answered the Board s questions regarding the complaint. The complainant Mr. Cook was not present. Member Balint made a motion that was seconded by Member McAllister to dismiss complaint against Maria Heler, for insufficient evidence of a violation. 8. Complaint # Sales, Ricardo Manager Open Date: 08/26/11 Investigator Smyth summarized the complaint for the Board. DHS conducted a complaint investigation at Happy Valley Assisted Living, located at 6614 W. Honeysuckle Dr., Phoenix and identified four deficiencies in three different areas. Some of the deficiencies included: Manager designee was under 21 Medication administration requirement not met Employee Fingerprint requirement not met Mr. Sales was present and answered the Board s questions regarding the complaint. Member McAllister made a motion that was seconded by Member Stamo that based upon the information contained in the investigation report, the Board finds sufficient evidence of a violation of ARS (B)(3) as defined by ARS (9)(a) for unprofessional conduct in complaint number involving manager Ricardo Sales and to offer him a consent agreement to be signed within 30 days or the matter will proceed to formal hearing. The terms shall include the following: 1. Probation for 6 months that includes: a) $ civil money penalty payable within 6 months b) 3 hours of Board approved continuing education in personnel requirements c) 3 hours of Board approved continuing education in quality assurance d) Any costs of the probation are those of the certificate holder e) Request in writing termination of probation

4 October 17, 2011 NCIA Board Meeting Minutes Page 4 of 8 A roll call vote was taken and passed unanimously Complaint # Jones, Patricia Manager Open Date: 08/26/11 Investigator Smyth summarized the complaint for the Board. DHS conducted a compliance inspection at Jim and Patti Jones, located at 1644 E. Menlo St., Mesa and identified 18 deficiencies in 7 different areas. Some of the deficiencies included: Resident service plan requirement not met Medication administration requirement not met Employee training requirement not met DHS took enforcement action on two violations and assessed a civil money penalty of $1, Ms. Jones was present and answered the Board s questions related to the complaint. Member Balint made a motion that was seconded by Member Laney that based upon the information contained in the investigation report, the Board finds sufficient evidence of a violation of ARS (B)(3) as defined by ARS (9)(a) for unprofessional conduct in complaint number involving manager Patricia Jones and to offer her a consent agreement to be signed within 30 days or the matter will proceed to formal hearing. The terms shall include the following: 1. Probation for 6 months that includes: a.) $ civil money penalty payable within 6 months b.) 3 hours of Board approved continuing education in record keeping c.) 3 hours of Board approved continuing education in personnel requirements d.) Any costs of the probation are those of the certificate holder e.) Request in writing termination of probation A roll call vote was taken and passed unanimously, Complaint # Garrett, Jason Manager Open Date: 08/29/11 Investigator Smyth summarized the complaint for the Board. DHS conducted a complaint investigation at Emily s Place, located at 1271 N. Kingston, Gilbert and identified 10 deficiencies in 4 different areas. Some of the deficiencies included: Facility manager designee requirements not met Resident service plan requirement not met Reporting accident or injury requirement not met Mr. Garrett was not present at the meeting. Member McAllister made a motion that was seconded by Member Burr that based upon the information contained in the investigation report, the Board finds sufficient evidence of a violation of ARS (B)(3) as defined by ARS (9)(a) for unprofessional conduct in complaint number involving manager Jason Garrett and proceed to formal hearing A roll call vote was taken and passed unanimously, 9 0.

5 October 17, 2011 NCIA Board Meeting Minutes Page 5 of Complaint # Ferseta, Maria Manager Open Date: 08/29/11 Investigator Smyth summarized the complaint for the Board. DHS conducted a compliance inspection at Home Safe Home, located at 3135 W. Alta Vista Rd., Phoenix and identified nine deficiencies in seven different areas. Some of the deficiencies included: Facility manager designee requirements not met Employee records requirement not met Resident service plan requirement not met Medication not stored in locked area Manager was POA for resident DHS took enforcement action on three substantiated violations and assessed a civil money penalty of $1, Ms. Ferseta was present and answered the Board s question related to the DHS survey. After hearing from Ms. Ferseta, Member Randolph made a motion that was seconded by Member Boatwright to dismiss complaint against Maria Ferseta, for insufficient evidence of a violation and issue a letter of concern. The Board s concern was becoming a Power Of Attorney for a resident. 12. Complaint # Ciolac, Marian Manager Open Date: 09/02/11 Investigator Smyth summarized the complaint for the Board. DHS conducted a complaint investigation at Best Assisted Living of Surprise, located at W. Crocus Dr., Surprise and identified 11 deficiencies in eight different areas. Some of the deficiencies included: Facility manager designee requirements not met Employee records requirement not met Employee personnel scheduling requirements not met Medication administration requirement not met Deposit not returned as required DHS took enforcement action on one violation and assessed a civil money penalty of $ Mr. Ciolac was present and answered the Board s questions regarding the complaint. After hearing from Mr. Ciolac, Member McAllister made a motion that was seconded by Member Stamo that based upon the information contained in the investigation report, the Board finds sufficient evidence of a violation of ARS (B)(3) as defined by ARS (9)(a) for unprofessional conduct in complaint number involving manager Marian Ciolac and to offer him a consent agreement to be signed within 30 days or the matter will proceed to formal hearing. The terms shall include the following: 1. Probation for 6 months that includes: a.) $ civil money penalty payable within 6 months b.) Retake the manager training course that is approved by the Board c.) Pass the manager state examination d.) Any costs of the probation are those of the certificate holder e.) Request in writing termination of probation A roll call vote was taken and passed unanimously, 9 0.

6 October 17, 2011 NCIA Board Meeting Minutes Page 6 of Complaint # Musgrave, Jennifer Manager Open Date: 09/07/11 Member Randolph recused himself regarding the complaint. Investigator Smyth summarized the complaint for the Board. The Board was notified by DPS that Ms. Musgrave s fingerprint clearance card was suspended on August 26, 2011, due to being charged with Assault. The case was dismissed by the Court on September 7, 2011 and Ms. Musgrave s fingerprint card was reactivated. Ms. Musgrave answered the Board s questions regarding the incident. VII. After hearing from Ms. Musgrave, Member Iozzo made a motion that was seconded by Member McAllister to dismiss complaint against Jennifer Musgrave, for insufficient evidence of a violation. The motion passed unanimously, 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 None Permanent Administrator Licenses Fischbeck, Courtney Temporary Manager Certificates Biralde, Miramar Morgan, Michelle Kiebert, Michael Prieto, Lorena Chivari, Corina Porter, Suzanne Permanent Manager Certificates Garcia, Clara Miloz, Melissa Behrent, Lynn Aldrich, Nathan Giurgiu, Netuta Mehic, Mirnes Babeti, Maria Biralde, Miramar Eschberger, Sherri Dunbar, Laurie Preda, Veronica Morgan, Michelle Parker, Elodie Kiebert, Michael Prieto, Lorena Giurca, Didina Diaconescu, Elisabeta Belei, Claudia Chivari, Corina Porter, Suzanne Member Kidder made a motion that was seconded by Member Burr 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. 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.

7 October 17, 2011 NCIA Board Meeting Minutes Page 7 of Matyas, Reah Permanent manager certification Licensing Coordinator Wilkinson outlined for the Board the criminal issues related to the applicant. Applicant Reah Matyas was present and answered the Board s questions. Member Balint made a motion that was seconded by Member Laney to approve the permanent manager certificate. 16. Orlich, Nicholas Permanent manager certification Licensing Coordinator Wilkinson outlined for the Board the criminal issues related to the applicant. Applicant Nicholas Orlich was present and answered the Board s questions. Member Stamo made a motion that was seconded by Member Balint to approve the permanent manager certificate. The motion passed 5 to 4 with Members Kidder, Burr, McAllister and Iozzo voting nay. VIII. OTHER BUSINESS A. New Business: The Board may Review, Consider and take Action 17. None IX. 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. 18. Financial Reports Executive Director Imig reviewed the financial reports with the Board. 19. Complaints Status Report Investigator Smyth discussed the status of pending complaints. 20. Licensing Report Licensing Coordinator Wilkinson discussed the licensing report with the Board. 21. Legislation Update Executive Director Imig mentioned that the Legislative session will start in January, The only legislation that has been discussed by the Board in the past was Board positions and staggering terms. 22. Rules Update The rules committee is working on the caregiver portion of the rules. The manager training draft was put out to a group of stakeholder for comment. The results will be compiled and reported to the Committee.

8 October 17, 2011 NCIA Board Meeting Minutes Page 8 of Board Meeting Critique There was no critique of the meeting. X. FUTURE AGENDA ITEMS None were mentioned. XI. ADJOURNMENT Member Randolph made a motion that was seconded by Member Burr to adjourn the meeting. The motion passed unanimously, 9 0. The meeting adjourned at 12:55 p.m. The next regular meeting of the Board will be held on Monday, November 7, 2011 at 1400 W. Washington, Conference Room B-1, Phoenix, Arizona, at 9:00 a.m.