MINUTES REGULAR MEETING. July 14, 2014

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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 Fred Randolph, Vice President Melanie Seamans, Member Lisa Krohn, Member Vicki McAllister, Member David Hasseltine, Member Pauline Campbell, Member Laura Olson, Member Web Site: I. CALL TO ORDER MINUTES REGULAR MEETING July 14, 2014 President Kidder called the meeting to order at 9:07 a.m. II. ROLL CALL Present: Absent: Attendance: Ken Kidder, Fred Randolph, David Hasseltine, Vicki McAllister (left the meeting at 1:25 p.m.), Pauline Campbell, Laura Olson. Lisa Krohn, Melanie Seamans Allen Imig, ED, Phil Smyth, Investigator, Peggy Wilkinson, Licensing Coordinator, Bridget Harrington, AAG, Diana Day, Solicitor General III. CALL TO THE PUBLIC No one wished to speak IV. APPROVAL OF MINUTES 1. June 9, 2014 Regular Board Meeting Minutes 2. June 9, 2014 Executive Session Minutes Member Randolph made a motion that was seconded by Member McAllister to approve the June 9, 2014 regular and executive session meeting minutes. The motion passed 6 0. V. FORMAL HEARING A. Consideration and action on applicants appeal of denial of manager certificate. 3. Petruce-Garcia, Cheryl Applicant

2 July 14, 2014 NCIA Board Meeting Minutes Page 2 of 9 President Kidder conducted the hearing. Bridget Harrington, Assistant Attorney General, was present and represented the state. Cheryl Petruce-Garcia was present for the hearing. Diana Day, Assistant Attorney General from the Solicitor General s Office was present to advise the Board. Ms. Petruce-Garcia made an opening statement and later testified on her own behalf. She also presented a witness, Dr. Jarvis Tzeng, her current employer who testified. Ms. Petruce-Garcia presented three exhibits that were entered into evidence. Exhibit 4 Letter dated June 23, 2014 from Dr. Jarvis Tzeng Exhibit 5 Letter dated June 2, 2014 from William and Evelyn Buck Exhibit 6 from Tracy Marshall dated May 7, 2014 Ms. Harrington made an opening statement and later called Peggy Wilkinson, the Board s licensing specialist, as a witness to testify on the states behalf. Ms. Harrington introduced three exhibits which were entered into evidence. Exhibit 1 Ms. Petruce-Garcia s application Exhibit 2 Citation and conviction records for Ms. Petruce-Garcia Exhibit 3 Board denial letter to Ms. Petruce-Garcia dated May 13, 2014 Closing arguments were made by both parties. The Board discussed the evidence and consideration of granting a certificate with probationary conditions. Member Kidder made a motion that was seconded Member Randolph that based on the testimony and letters of reference that the Board finds the applicant demonstrated she is qualified to hold an assisted living manager certificate and grant the certificate and concurrently place her certificate on probation for a period of two years with the following conditions. A. Ongoing counseling at no less than quarterly, with a progress reports provided to the Board. The counselor shall be agreed upon between Ms. Petruce-Garcia and the Board s Executive Director. B. A copy of all investigation or inspection reports made to or issued by a required reporting agency shall be provided to the Executive Director. C. Applicant shall be restricted to serving as the manager of record for no more than one (1) assisted living facility. Any employment change must be reported to the Board through the Executive Director prior to becoming the manager of record. D. Any costs associated with complying with the probation shall be paid by Cheryl Petruce- Garcia. E. Cheryl Petruce-Garcia must request termination of probation in writing. A roll call vote passed 5 1 with Member Hasseltine voting nay. The hearing was concluded.

3 July 14, 2014 NCIA Board Meeting Minutes Page 3 of 9 B. Consideration and action on the States motion for default admission for failing to respond to the Complaint and Notice of Hearing and adopt the Factual Allegations and the Allegations of Unprofessional Conduct from the Complaint and Notice of Hearing as Findings of Fact and Conclusions of Law, and Revoke manager certificate. 4. Stone, Brian Manager President Kidder conducted the hearing. Bridget Harrington, Assistant Attorney General, was present and represented the state. Ms. Harrington made a motion to deem the allegations in the Complaint admitted, because Brian Stone did not respond to the Complaint and Notice of Hearing as required per ARS (O). Ms. Harrington requested the Board grant the motion to deem and recommended revocation of Mr. Stone s manager certificate. Brian Stone was present for the hearing and admitted he only read the first page of the Complaint and Notice of Hearing and did not read the part that required him to respond. Diana Day, Assistant Attorney General from the Solicitor General s Office was present to advise the Board. Member Kidder made a motion that was seconded by Member Randolph to grant the State s motion and deem the allegations in the Complaint and Notice of Hearing as admitted. The motion passed unanimously, 6 0. Member Randolph made a motion that was seconded by Member McAllister to adopt the Factual Allegations and the Allegations of Unprofessional Conduct from the Complaint and Notice of Hearing as Findings of Fact and Conclusions of Law. The motion passed unanimously, 6 0. After the Board deliberated, Member Kidder made a motion that was seconded by Member Randolph to revoke the manager certificate of Brian Stone. A roll call vote passed 4 2, with Members Hasseltine and Campbell voting nay. The hearing was concluded. VI. CONSENT AGREEMENT / PROBATION TERMINATION A. Consent agenda to terminate probation as the terms were met: Yeneza, Karreen Manager 08/16/ Sollano, Thelma Manager 10/24/ Noriega, Imelda Manager 02/05/14 Member Kidder made a motion that was seconded by Member McAllister to terminate the probation of those managers listed under agenda item 5, 6, and 7, as the conditions were met. The motion passed with a vote of 6 0.

4 July 14, 2014 NCIA Board Meeting Minutes Page 4 of 9 VII. COMPLAINT CASE C. Board Individual Review, Consideration and Action regarding new complaints: 8. Complaint # Gibson, Holly Administrator Open Date: 05/09/14 Investigator Smyth summarized the complaint for the Board. DHS conducted a re-certification survey at Ridgecrest Healthcare, located at N. 38 th St., Phoenix and identified 8 deficiencies in 8 different areas. Some of the deficiencies included: Facility failed to ensure a resident was given medication as ordered Physician orders for dialysis treatment was obtained Failure to provide supervision for a resident with a history of physical aggression Ms. Gibson was present and explained that the incident involved a behavioral resident that had an altercation with another resident. After hearing from Ms. Gibson, Member Kidder made a motion that was seconded by Member McAllister to dismiss complaint against Holly Gibson, for insufficient evidence of a violation. The motion passed Complaint # Cowen, Timothy Manager Open Date: 05/21/14 Investigator Smyth summarized the complaint for the Board. Board staff received a letter of complaint from Karen Morrisey the daughter of a resident at Belmont Village, located at N. Frank Lloyd Wright Blvd., Scottsdale. Ms. Morrisey alleged: Mr. Cowen permitted a Doctor to commit Medicare Fraud Facility is understaffed Facility did not provide a safe environment Mr. Cowen was present and answered the Board s questions regarding the complaint. Ms. Morrisey was present and addressed the Board about her complaint, focusing on the Medicare fraud which is a federal matter. After the Board heard from both Mr. Cowen and Ms. Morrisey, Member Kidder made a motion that was seconded by Member Randolph to dismiss complaint against Timothy Cowen, for insufficient evidence of a violation. The motion passed 4 1 with Member Campbell voting nay. 10. Complaint # Blair, Linda Manager Open Date: 03/04/14 Investigator Smyth summarized the complaint for the Board. Board staff received a letter of complaint from Cathy Kennedy a former caregiver at Arcadia Assisted Living., located at 4132 E. Camelback Rd., Phoenix. Ms. Kennedy alleged: Ms. Blair allowed an IRS form 1099-Misc. to be included as part of her income Ms. Blair failed to assist in resolving the error Ms. Blair was present and answered the Board s questions. Ms. Blair advised she was not part of the corporation and did not have access to the accounting or checking. Ms. Kennedy was present and answered the Board s questions regarding her complaint.

5 July 14, 2014 NCIA Board Meeting Minutes Page 5 of 9 After the Board heard from both parties, Member Randolph made a motion that was seconded by Member McAllister to dismiss complaint against Linda Blair, for insufficient evidence of a violation. The motion passed 4 2 with Member Hasseltine and Campbell voting nay. 11. Complaint # Balint, Mia Manager Open Date: 05/19/14 Investigator Smyth summarized the complaint for the Board. Board staff received a letter of complaint from Sonia Karnes the daughter of a prior resident at Five Roses Adult Care Home III, located at N. 67 th Ave., Glendale. Ms. Karnes alleged: Failure to provide security deposit refund Ms. Balint changed the facility s visiting hours Failure to provide appropriate care Ms. Balint was present and answered the Board s questions. Ms. Balint confirmed the court did not find in her favor regarding the deposit refund issue. The resident agreement clearly stated that a 30 day notice must be given. Ms. Karnes was present and addressed the Board regarding her complaint. Ms. Karnes and Ms. Balint s views differed over some of the complaint issues. After the Board heard from Ms. Balint and Ms. Karnes, Member Kidder made a motion that was seconded by Member Randolph to dismiss complaint against Mia Balint, for insufficient evidence of a violation. The motion passed 4 2 with Members Campbell and Olson voting nay. 12. Complaint # Datingaling-Panaligan, Andrea Manager Open Date: 05/01/14 Investigator Smyth summarized the complaint for the Board. Investigations initiated the complaint after learning from DHS that a photocopy of Ms. Datingalin-Panaligan manager certificate was displayed at Ahwatukee Adult Care III, located at 5135 E. Half Moon Dr., Phoenix. Ms. Datingaling-Panaligan was present and answered the Board s questions regarding the photocopied certificate. Ms. Datingalin-Panaligan has an original which is now in the facility. Member Kidder made a motion that was seconded by Member Hasseltine to issue a letter of concern. The Board s concern was posting a copy of an original certificate and not an original. The motion passed Complaint # Tabamo, Marissa Manager Open Date: 05/19/14 Investigator Smyth summarized the complaint for the Board. DHS conducted a complaint investigation at Greenhaven Assisted Living, located at 9417 N. 17 th Pl., Phoenix and identified five deficiencies in three different areas. Some of the deficiencies included: Manager acting as a resident representative Resident rights not provided at admission Resident emergency contact information not maintained Ms. Tabamo was present and answered the Board s questions. Ms. Tabamo admitted she did act as a resident representative because the resident did not have anyone else to do it.

6 July 14, 2014 NCIA Board Meeting Minutes Page 6 of 9 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 (B)(3) as defined by ARS (9)(a) for unprofessional conduct and AAC R (B), in complaint number involving manager Marissa Tabamo 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 3 months that includes: a) Reimbursement of investigative costs in the amount of $ b) 3 hours of Board approved continuing education in ethics c) All continuing education classes must be pre-approved by the Board s Executive Director d) Retake the manager training course that is approved by the Board e) Manager must request in writing termination of probation A roll call vote was taken and passed Complaint # Santiago, Thelma Manager Open Date: 06/05/14 Investigator Smyth summarized the complaint for the Board. Ms. Santiago was under a consent agreement, Ms. Santiago failed to comply by May 20, 2014, with any of the terms of probation. Ms. Santiago was not present. 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 (B)(3) as defined by ARS (9)(a) for unprofessional conduct and AAC R (A), in complaint number involving manager Thelma Santiago and to offer a consent agreement to be signed within 14 days or the matter will proceed to formal hearing. The terms shall include the following: 1. Surrender of certificate. 15. Complaint # Sullivan, Robins Manager Open Date: 06/06/14 Investigator Smyth summarized the complaint for the Board. Ms. Sullivan failed to comply with all the terms of consent agreement by passing the manager examination by May 19, Ms. Sullivan did pass the manager exam on July 3, Ms. Sullivan was not present at the meeting. Member Campbell made a motion that was seconded by Member Hasseltine 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 and AAC R (B)(1) and (B)(13), in complaint number involving manager Robins Sullivan 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.

7 July 14, 2014 NCIA Board Meeting Minutes Page 7 of 9 2. Probation for 3 months that includes: a) $ reimbursement of investigative costs b) Any costs of the probation are those of the certificate holder c) Manager must request in writing termination of probation A roll call vote was taken and passed 6 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. 16. Temporary Administrator Licenses None Permanent Administrator Licenses Taugape, Tomeletso vonpahlen-fedoroff, Timothy Temporary Manager Certificates Gheaburcu, Teodor Musewolff, Debra Permanent Manager Certificates Hayes, Wendi Kamara, Irene Luevan, Victor Bordiciuc, Mihaela Murza, Mariana Edogi, Boston Tomos, Kinga Christian, Jody Talbott, Thomas Oakes, Lisa White Sr., Francis Syckes Jr., Wilton Collazo, Delia Gheaburcu, Teodor Musewolff, Debra Member Kidder made a motion that was seconded by Member Randolph 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. 17. Wilson, Deborah Permanent Administrator Licensure Licensing Coordinator Wilkinson outlined for the Board the criminal issue related to the applicant. Applicant Deborah Wilson was present and answered the Board s questions. Member Randolph made a motion that was seconded by member Campbell to approve the permanent administrator license. The motion passed Manning, Margaret Permanent Manager Certification Licensing Coordinator Wilkinson outlined for the Board the criminal issue related to the applicant. Applicant Margaret Manning was present and answered the Board s questions.

8 July 14, 2014 NCIA Board Meeting Minutes Page 8 of 9 Member Randolph made a motion that was seconded by member Campbell to approve the permanent manager certificate. The motion passed 5 0. IX. ASSISTED LIVING FACILITY TRAINING PROGRAMS A. 19. Consent Agenda to Approve Assisted Living Facility Caregiver Training Program Good Samaritan Society Caregiver Program Academy of Healthcare B. 20. Consent Agenda to Approve Assisted Living Facility Manager Training Program Member Randolph made a motion that was seconded by Member Hasseltine to approve the two assisted living facility caregiver training programs. The motion passed 5 0. None IX. OTHER BUSINESS A. New Business: The Board may Review, Consider and take Action 21. Number of facilities a licensee or certificate holder can oversee. Executive Director Imig discussed with the Board that both our AAG and our rule writer agreed that that the Board had the statutory authority under ARS (A)(B) to write a rule to define supervision and determining the number of facilities an administrator or manager could oversee. The Board discussed different options related to on the number, distance between facilities, time component, and other items. The Board directed staff to develop rule wording to allow an administrator to oversee one facility and up to 90 days at a second facility with the distance between facilities of not more than 25 miles. For managers they could oversee two facilities no more than 25 miles apart. 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. 22. Financial Reports Executive Director Imig gave a financial report to the Board. The Fiscal year 2014 ended on June 30 th. Fund revenues for FY14 were $376,000 expenses were $345,000, leaving a fund balance of $240,000. The Board was under its appropriation mainly due to vacancy savings. However, an administrative assistant III position was just filled. 23. Complaints Status Report Investigator Smyth reported on complaints, advising the Board is up to date on all investigations. There are no hearings set for next month.

9 July 14, 2014 NCIA Board Meeting Minutes Page 9 of Licensing Report Licensing Specialist Wilkinson reported on applicants and testing. Administrator renewals will be finished on July 31, Legislation Update There was none to report. 26. Rules Update Executive Director Imig discussed the need to update R as mentioned in the five year rules review report. The Board directed staff to put it on the next agenda for discussion. 27 Training Program Report Executive Director Imig reported on the training programs. There are now 34 caregiver training programs and seven manager training programs. The average pass rate overall for the caregiver training is 75 percent. The training is approaching the one year mark. 28. Board Meeting Critique There was no critique of the meeting. XI. FUTURE AGENDA ITEMS Rules discussion on amending R XII. ADJOURNMENT Member Randolph made a motion that was seconded by Member Hasseltine to adjourn the meeting. The motion passed 5 0. The meeting was adjourned at 2:15 p.m. The next regular meeting of the Board will be held on Monday, August 11, 2014 at 1400 W. Washington, Conference Room B-1, Phoenix, Arizona, at 9:00 a.m.