MINUTES REGULAR MEETING. March 10, 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 Web Site: MINUTES REGULAR MEETING March 10, 2014 I. CALL TO ORDER President Kidder called the meeting to order at 9:05 a.m. II. ROLL CALL Present: Absent: Attendance: Ken Kidder, Fred Randolph, Melanie Seamans, Lisa Krohn, David Hasseltine, Vicki McAllister Pauline Campbell Allen Imig, ED, Phil Smyth, Investigator, Peggy Wilkinson, Licensing Coordinator, Bridget Harrington, AAG III. CALL TO THE PUBLIC No one wished to speak IV. APPROVAL OF MINUTES 1. February 10, 2014 Regular Board Meeting Minutes Member Kidder made a motion that was seconded by Member Hasseltine to approve the February 10, 2014 regular meeting minutes. The motion passed 6 0. V. CONSENT AGREEMENT / PROBATION TERMINATION A. Consent agenda to terminate probation as the terms were met: 2. Stone, Brian 13-93

2 March 10, 2014 NCIA Board Meeting Minutes Page 2 of 10 Member Randolph made a motion that was seconded by Member Seamans to terminate the probation of Brian Stone, in complaint 13-93, as the conditions were met. The motion passed 5 1 with member Hasseltine voting nay. VI. COMPLAINT CASE A. Board Individual Review, Consideration and Action regarding new complaints: 3. Complaint # McKenna, Timothy Manager Open Date: 01/27/14 Investigator Smyth summarized the complaint for the Board. DHS conducted a complaint investigation at Saguaro Acres Assisted Living, located at S. Placita Octubre, Green Valley and identified one deficiency in the area of resident rights by exploiting a resident. Mr. McKenna was not present. Member Kidder made a motion that was seconded by Member Randolph that based upon the ARS (B)(3) as defined by ARS (9)(a) for unprofessional conduct and AAC R (B)(1), in complaint number involving manager Timothy McKenna and proceed to formal hearing. And combine complaint if consent agreement is not signed. A roll call vote passed Complaint # Duffy, Ann Manager Open Date: 01/30/14 Investigator Smyth summarized the complaint for the Board. DHS conducted a complaint investigation at Broadway Proper Retirement Community, located at 400 S. Broadway Pl., Tucson and identified one deficiency in the area of personal care services. This included: Retained resident that was above the level of care for which the facility was licensed. Ms. Duffy was present and answered the Board s questions regarding the complaint. After the Board heard from Ms. Duffy, Member Kidder made a motion that was seconded by Member Randolph to dismiss complaint against Ann Duffy, for insufficient evidence of a violation. The motion passed Complaint # Woodford, Catharine Manager Open Date: 01/30/14 Investigator Smyth summarized the complaint for the Board. DHS conducted a complaint investigation at Asterion Acres, located at 7102 N. Asterion Ln. Tucson and identified two deficiencies in two different areas. The deficiencies included: Licensee did not ensure a resident was protected from physical abuse Skin maintenance requirement was not met. Ms. Woodford was present and answered the Board s questions.

3 March 10, 2014 NCIA Board Meeting Minutes Page 3 of 10 Ms. Woodford was notified by the owner that something had happened but the owner did not explain what took place. Ms. Woodford finally found out that there was a video taken by the resident s family that displayed abuse of a resident by two caregivers. When Ms. Woodford found out she notified the proper authorities and made sure the caregivers no longer entered the building and later their employment was terminated. After the Board heard from Ms. Woodford, Member Randolph made a motion that was seconded by Member Kidder to dismiss complaint against Catharine Woodford, for insufficient evidence of a violation. The motion passed Complaint # Ratachie, Randall Manager Open Date: 02/05/14 Investigator Smyth summarized the complaint for the Board. DHS conducted a compliance inspection at Desert Oasis at Pampa Assisted Living, located at 9909 E. Pampa Ave, Mesa and identified 14 deficiencies in 12 different areas. Some of the deficiencies included: DHS was not allowed in one area of the facility Employee file not maintained on the premises Personnel schedule requirement not met Residency agreement requirement not met Medication administration record not initialed by employee who provided the service Fire and building code requirements not met Mr. Ratachie was present and answered the Board s questions. After the Board heard from Mr. Ratachie, Member Kidder made a motion that was seconded by Member McAllister 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, ARS (B)(8) and AAC R (B)(1), in complaint number involving manager Randall Ratachie and proceed to formal hearing. Also, should Mr. Ratachie not complete the terms of the current consent agreement that it then be combined with in the formal hearing for violation of ARS (A)(9) and R (B)(13) for failing to comply with a Board Order. A roll call vote passed Complaint # Noriega, Imelda Manager Open Date: 02/05/14 Investigator Smyth summarized the complaint for the Board. DHS conducted a compliance inspection at San Judas Group Home, located at 7603 S. 13 th Pl., Phoenix and identified 19 deficiencies in 11 different areas. Some of the deficiencies included: Resident TB test requirement not met Employee TB test requirement not met Personnel requirement not met Service plan requirement not met Imelda Noriega was present and answered the Board s questions

4 March 10, 2014 NCIA Board Meeting Minutes Page 4 of 10 Member Randolph made a motion that was seconded by Member Kidder that based upon the ARS (B)(3) as defined by ARS (9)(a) for unprofessional conduct and AAC R (B)(1), in complaint number involving manager Imelda Noriega 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) $ reimbursement of investigative costs b) 3 hours of Board approved continuing education in medication administration c) 3 hours of Board approved continuing education in record keeping d) 3 hours of Board approved continuing education in service plans e) Any costs of the probation are those of the certificate holder f) Manager must request in writing termination of probation A roll call vote was taken and passed Complaint # Drake, Eula Manager Open Date: Licensing that Ms. Drake s fingerprint clearance card expired on July 19, Ms. Drake responded and advised she got a valid card issued on June 26, DPS advised the card was issued on June 26, 2013, but in August DPS sent her a letter informing her, the fingerprint clearance card was suspended. The DPS database shows the card as invalid. Ms. Drake not present at the meeting. Member Kidder made a motion that was seconded by Member McAllister that based upon the ARS (B)(3) as defined by ARS (9)(a) for unprofessional conduct and AAC R (A), in complaint number involving manager Eula Drake and proceed to formal hearing Member Kidder and Member McAllister rescinded the previous motion. Member Kidder made a new motion that was seconded by Member McAllister that based upon the ARS (D) manager must maintain a valid fingerprint clearance card and AAC R , in complaint number involving manager Eula Drake proceed to formal hearing Roll call vote passed 6 0. Staff was directed to notify the Department of Health Services of Ms. Drake s invalid fingerprint clearance card. 9. Complaint # Farias, Sara Manager Open Date: 02/06/14 Licensing that Ms. Farias fingerprint clearance card expired on July 18, In Ms. Farias response she admitted failing to get a new fingerprint clearance card but applied for a new card on February 14, 2014.

5 March 10, 2014 NCIA Board Meeting Minutes Page 5 of 10 Ms. Farias was not present. Member Kidder made a motion that was seconded by Member McAllister that based upon the ARS (D) manager must maintain a valid fingerprint clearance card and AAC R , in complaint number involving manager Sara Farias and proceed to formal hearing. Roll call vote passed 6 0. Staff was directed to notify the Department of Health Services of Ms. Farias expired fingerprint clearance card. 10. Complaint # Byron, Lani Manager Open Date: 02/06/14 Licensing that Lani Byron s fingerprint clearance card expired on September 10, Ms. Byron was present and answered the Board s questions. She applied for a new clearance card on February 11, 2013 and it has not been issued yet. Member Kidder made a motion that was seconded by Member McAllister that based upon the ARS (D) and AAC R for failing to maintain a valid fingerprint clearance card in complaint number involving manager Lani Byron and to offer her a consent agreement to be signed within 10 days or the matter will proceed to formal hearing. The terms shall include the following: 1. Suspend certificate until a valid fingerprint clearance card is provided showing evidence of compliance: 2. Probation for 2 months after suspension is lifted. a) Civil money penalty in the amount of $500 payable within the probationary period. Roll call vote passed Complaint # Kone, Issouf Manager Open Date: 02/07/14 Licensing that Issouf Kone s fingerprint clearance card expired on November 6, Mr. Kone did not provide a written response and currently does not have a valid clearance card. Mr. Kone was not present. Member Kidder made a new motion that was seconded by Member McAllister that based upon the ARS (D) manager must maintain a valid fingerprint clearance card and AAC R , in complaint number involving manager Issouf Kone and proceed to formal hearing. Roll call vote passed 6 0. Staff was directed to notify the Department of Health Services of Mr. Kone s expired fingerprint clearance card.

6 March 10, 2014 NCIA Board Meeting Minutes Page 6 of Complaint # Burns, Stephanie Manager Open Date: 02/07/14 Licensing that Stephanie Burns fingerprint clearance card expired on November 9, Ms. Burns applied for a new clearance card on February 13, Ms. Burns also has another manager covering for her until she gets the new clearance card. Member McAllister made a motion that was seconded by Member Seamans that based upon the ARS (D) and AAC R for failing to maintain a valid fingerprint clearance card in complaint number involving manager Stephanie Burns and to offer her a consent agreement to be signed within 10 days or the matter will proceed to formal hearing. The terms shall include the following: 1. Suspend certificate until a valid fingerprint clearance card is provided showing evidence of compliance: Roll call vote passed Complaint # Curtis, Victoria Manager Open Date: 02/07/14 Licensing that Victoria Curtis fingerprint clearance card expired on October 19, Ms. Curtis submitted an application for a new clearance card on October 10, 2013, but due to DPS delay because of poor quality of prints submitted, the card was not issued until February 10, Ms. Curtis was not present. Member Kidder made a motion that was seconded by Member Randolph to issue a letter of concern. The concern was failure to maintain a valid fingerprint clearance card and failure to provide the Board with a copy of fingerprint clearance card per AAC R The motion passed Complaint # Castro, Marilyn Manager Open Date: 02/06/14 Licensing that Ms. Castro s fingerprint clearance card expired on October 12, As of February 11, 2013, the DPS database still showed the clearance card expired. Ms. Castro responded and advised she had received a new fingerprint clearance card on September 18, 2013 and faxed the Board a copy. Member Kidder made a motion that was seconded by Member Randolph to issue a letter of concern. The concern was for failing to provide the Board with a copy of the new fingerprint clearance card per AAC R The motion passed 6 0.

7 March 10, 2014 NCIA Board Meeting Minutes Page 7 of Complaint # Hoard, Sherrill Manager Open Date: 02/07/14 Licensing that Ms. Hoard s fingerprint clearance card expired on November 5, In August 2013 Board staff advised Ms. Hoard by mail that her clearance card was going to expire. Ms. Hoard responded and admitted she did not provide the Board with a copy of the new fingerprint clearance card and that it was issued on October 7, 2013 under a new number. On February 11, 2014, Ms. Hoard provided the Board with a copy of the new clearance card. Member Randolph made a motion that was seconded by Member Krohn to issue a letter of concern. The concern was for failing to provide the Board with a copy of the new fingerprint clearance card per AAC R The motion passed 6 0. VII. 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 Finney, Theresa Permanent Administrator Licenses Yocum, Kurtis Furst, Victoria Dalton, Jess Taylor, Lance Temporary Manager Certificates Winter, Melissa Permanent Manager Certificates Garcia, Analyn Olcan, Gabrijela Wycoff, Jake Augustine, Nsenga Quijada, Maria Wood-Poole, Holly Moore, Lisa Bomesberger, Christie Winter, Melissa Svetnicky, Chrisi Member Kidder advised he knows of Kurtis Yocum but it will not influence his decision. Member Seamans knows Victoria Furst but it would not influence her decision. Member Kidder made a motion that was seconded by Member McAllister 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 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. Krebs, Michele Permanent administrator licensure Licensing Coordinator Wilkinson outlined for the Board the criminal issue related to the applicant. Applicant Michele Krebs was present and answered the Board s questions.

8 March 10, 2014 NCIA Board Meeting Minutes Page 8 of 10 Member Kidder made a motion that was seconded by member Randolph to approve the permanent administrator license pending passing all required examinations within the substantive time frame or the certificate will be denied. The motion passed Matache, Benjamin Permanent manager certification Licensing Coordinator Wilkinson outlined for the Board the Board of Nursing issue related to the applicant. Applicant Benjamin Matache was present and answered the Board s questions. Member Hasseltine made a motion that was seconded by member Randolph to approve the permanent manager certificate. The motion passed Feeley, Michelle Permanent manager certification The Board deferred this matter until the next meeting. 20. Cross, Cathryn Permanent manager certification Licensing Coordinator Wilkinson outlined reason for the applicants request to withdraw her application. Applicant Cathryn Cross was not present. Member Kidder made a motion that was seconded by member Randolph to accept the withdrawal of Ms. Cross application. The motion passed Apodaca Salazar, Yolanda Permanent manager certification Licensing Coordinator Wilkinson advised the Board that Ms. Apodaca Salazar has failed to pass the exam within the substantive time-frame and therefore does not qualify. The Applicant was not present. Member Kidder made a motion that was seconded by member Seaman s to deny manager certification to Yolanda Apodaca Salazar per ARS (C)(3). The motion passed 6 0. VIII. ASSISTED LIVING FACILITY TRAINING PROGRAMS A. 22. Consent Agenda to Approve Assisted Living Facility Caregiver Training Program MedStar Academy Horizon Health Care Institute Pima County JTED Member Randolph made a motion that was seconded by Member Kidder to approve the assisted living facility caregiver training programs. The motion passed 6 0. B. 23. Consent Agenda to Approve Assisted Living Facility Manager Training Program None

9 March 10, 2014 NCIA Board Meeting Minutes Page 9 of 10 IX. OTHER BUSINESS A. New Business: The Board may Review, Consider and take Action 24. 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. 25. Financial Reports Executive Director Imig reviewed the financial reports with the Board. As of March 1, 2014, the fund balance is $226,068 with revenue running about 12 % above projections. Expenses are below what was budget and within the Board s appropriation. The Board was informed that the Department of Administration, General Accounting Office is conducting required periodic internal control audit of the Board which covers such items as financial, travel, assets and other items. 26. Complaints Status Report Investigator Smyth reported on the number of upcoming complaints and that we are as up to date with investigations as possible. 27. Licensing Report Licensing Coordinator Wilkinson reported on licensing. The Board was informed the administrator renewals would be going out around the last week in March. 28. Legislation Update There was nothing to update or report. 29. Rules Update The Board later this year will be completing a five year rules review which is required by statute and goes to GRRC. 30 Training Program Report The caregiver training programs have tested over 400 students with a combined pass rate of 77%. The manager training programs have tested around 30 students with a combined pass rate of about 44%. However, a couple of programs have 70 plus pass rate. 31. Board Meeting Critique The Board briefly critiqued the meeting.

10 March 10, 2014 NCIA Board Meeting Minutes Page 10 of 10 XI. FUTURE AGENDA ITEMS 32. None XII. ADJOURNMENT Member Seamans made a motion that was seconded by Member Krohn to adjourn the meeting. The motion passed 6 0. The meeting was adjourned at 12:25 p.m. The next regular meeting of the Board will be held on Monday, April 14, 2014 at 1400 W. Washington, Conference Room B-1, Phoenix, Arizona, at 9:00 a.m.