MINUTES REGULAR MEETING. June 10, 2013

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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 Mark Laney, V.P. Maria Balint, Member Doyle Boatwright, Member Dan Stamo, Member Thomas Iozzo, Member Fred Randolph, Member Web Site: MINUTES REGULAR MEETING June 10, 2013 I. CALL TO ORDER Vice President Laney called the meeting to order at a.m. II. ROLL CALL Present: Absent: Attendance: Maria Balint, Doyle Boatwright, Mark Laney, Fred Randolph, Dan Stamo, Thomas Iozzo Ken Kidder Allen Imig, ED, Phil Smyth, Investigator, Peggy Wilkinson, Licensing Coordinator, Elizabeth Campbell, AAG, Christopher Munns, Solicitor General III. CALL TO THE PUBLIC No one wished to speak. IV. APPROVAL OF MINUTES 1. May 13, 2013 Regular Board Meeting Minutes Member Randolph made a motion that was seconded by Member Boatwright to approve the May 13, 2013 regular meeting minutes. The motion passed 6 0. V. FORMAL HEARING A. The Board will consider and may act on a consent agreement presented to the Board for resolution of the case. 2. Patrick Kinney 13-62

2 June 10, 2013 NCIA Board Meeting Minutes Page 2 of 9 Member Randolph recused himself. Mr. Kinney and his attorney David Cohen were present. Executive Director Imig summarized for the Board the settlement conference and proposed consent agreement which Mr. Kinney had signed. Member Boatwright made a motion that was seconded by Member Balint that the Board accepts the consent agreement as settlement of the complaint. A roll call vote passed 5 0. B. Individual formal hearings by the Board 3. Louise Heard Vice President Laney conducted the hearing. Elizabeth Campbell, Assistant Attorney General, was present and represented the state. Ms. Campbell made a motion to deem the allegations in the Complaint admitted, because Ms. Heard did not respond to the Complaint and Notice of Hearing as required per ARS (O). Louise Heard was not present for the hearing. Christopher Munns, Assistant Attorney General from the Solicitor General s Office was present to advise the Board. Member Randolph made a motion that was seconded by Member Iozzo 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 Boatwright made a motion that was seconded by Member Stamo to adopt the Factual Allegations and the Allegations of Unprofessional Conduct from the Complaint and Notice of Hearing as the Board s Findings of Fact and Conclusions of Law. The motion passed unanimously, 6 0. Ms. Campbell made a brief closing argument. After the Board deliberated, Member Iozzo made a motion that was seconded by Member Boatwright to revoke the manager certificate of Louise Heard. A roll call vote passed, 6 0. The hearing was concluded. 4. Rossana Bayani Vice President Laney conducted the hearing. Elizabeth Campbell, Assistant Attorney General, was present and represented the state. Ms. Campbell made a motion to deem the allegations in the Complaint admitted, because Ms. Bayani did not respond to the Complaint and Notice of Hearing as required per ARS (O). Rossana Bayani was not present for the hearing.

3 June 10, 2013 NCIA Board Meeting Minutes Page 3 of 9 Christopher Munns, Assistant Attorney General from the Solicitor General s Office was present to advise the Board. Member Boatwright made a motion that was seconded by Member Stamo 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 Laney made a motion that was seconded by Member Iozzo to adopt the Factual Allegations and the Allegations of Unprofessional Conduct from the Complaint and Notice of Hearing as the Board s Findings of Fact and Conclusions of Law. The motion passed unanimously, 6 0. Ms. Campbell made a brief closing argument. After the Board deliberated, Member Boatwright made a motion that was seconded by Member Balint to revoke the manager certificate of Rossana Bayani. A roll call vote passed, 6 0. The hearing was concluded. VI. CONSENT AGREEMENT / PROBATION TERMINATION A. Consent agenda to terminate probation as the terms were met: Wint, Victoria Manager 12/21/ Butler, Irma Manager 02/08/ Stansbarger, Evelyn Manager 11/14/11 Member Laney made a motion that was seconded by Member Randolph to combine items A-5 through A-7 as a consent agenda. The motion passed 6 0. Member Randolph made a motion that was seconded by Member Balint to terminate the probation of those managers listed under agenda A-5 through A-7, as the conditions were met. The motion passed 6 0. VII. COMPLAINT CASE A. Board Individual Review, Consideration and Action regarding new complaints: 8. Complaint # Allan, Lourdes Manager Open Date: 05/03/13 Investigator Smyth summarized the complaint for the Board. Board staff received a letter of complaint from Alan Hoffmann a RN with Hospice of the West. Mr. Hoffmann had concerns about two residents one at Better Living Care Home, located at 9321 E. Carmel Ave., Mesa and 1895 S. Silver Dr., Apache Junction. Mr. Hoffmann alleged: Resident lying in a urine soaked bed Bruising on resident Medication orders not followed Blood sugar test not performed Hot water heater off resulting in cold showers

4 June 10, 2013 NCIA Board Meeting Minutes Page 4 of 9 Ms. Lourdes was present and answered the Board s questions regarding the complaint. The complainant, Alan Hoffmann was present and is a medical regional manager for Hospice of the West. Mr. Hoffman discussed with the Board the issues in his complaint. Allissa Miramon a case manager for Hospice of the West had direct dealings with the resident and answered the Board s questions regarding items of complaint. After the Board heard from all parties, Member Balint 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 Lourdes Allan 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. $ civil money penalty payable within 30 days 2. Probation for 6 months that includes: a) 3 hours of Board approved continuing education in medication administration b) 3 hours of Board approved continuing education in service plans 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 A roll call vote was taken and passed Complaint # Russ, Charles Manager Open Date: 04/29/13 Investigator Smyth summarized the complaint for the Board. DHS conducted a complaint investigation at Desert Foothills Adult Care Home 4, located at 4644 E. Lavender Ln., Phoenix and identified 13 deficiencies in 8 different areas. Some of the deficiencies included: Fire code compliance not met Physical neglect of a resident Service plan requirement not met Medications not stored in locked container Treatment records not maintained Treatment not received as ordered Mr. Russ was present and answered the Board s questions regarding the complaint. Member Boatwright made a motion that was seconded by Member Iozzo 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 Charles Russ and proceed to formal hearing. The motion passed Complaint # Datingaling, Paulino Manager Open Date: 05/01/13 Member Laney was not present for this case. Member Randolph presided on this matter. Investigator Smyth summarized the complaint for the Board. Investigations received notice from DHS that Paulino Datingaling s fingerprint clearance card was suspended. On March 27, 2012 Glendale PD arrested Mr. Datingaling for assault.

5 June 10, 2013 NCIA Board Meeting Minutes Page 5 of 9 Mr. Datingaling was present and answered the Board s questions. Mr. Datingaling did not disclose to the Board either the arrest or the fact that DPS suspended his fingerprint clearance card. During that time he had been managing two facilities. The Board learned during the discussion with Mr. Datingaling that a caregiver who was working for him received money from a resident. After the Board heard from Mr. Datingaling, Member Balint made a motion that was seconded by Member Iozzo that based upon the information contained in the investigation report, the Board finds sufficient evidence of a violation of ARS (D) and AAC R for failing to maintain a valid fingerprint clearance card in complaint number involving manager Paulino Datingaling and to offer him 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. $ civil money penalty to be paid within 30 days. The motion passed 5 0. The Board directed staff to open a complaint on Mr. Datingaling for not reporting to DHS and APS about exploitation of resident by a caregiver. The caregiver received $ from a resident Also the caregiver was receiving $40.00 a month to pay their telephone bill. 11. Complaint # Wasilowiez, Emil Manager Open Date: 05/03/13 Investigator Smyth summarized the complaint for the Board. Investigations initiated a complaint investigation after Mr. Wasilowiez self-reported that DPS suspended his fingerprint clearance card as a result of an arrest by Phoenix PD for Assault / Domestic Violence on April 28, Mr. Wasilowiez was present and answered the Board s questions. Member Stamo made a motion that was seconded by Member Boatwright that based upon the information contained in the investigation report, the Board finds sufficient evidence of a violation of ARS (D) and AAC R for failing to maintain a valid fingerprint clearance card in complaint number involving manager Emil Wasilowiez and to offer him 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: The motion 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.

6 June 10, 2013 NCIA Board Meeting Minutes Page 6 of Temporary Administrator Licenses Gray, Nani Permanent Administrator Licenses Gray, Nani Temporary Manager Certificates Bryant-Montgomery, Sarah Dyer, Michael Uridil, Joseph Permanent Manager Certificates Bialek, Anna Uridil, Joseph Garcia, Renee Santiago, Margarita Sandoval, Michelle Magda, Maria Hoefer, Randine Donnellan, Frances Graf, Dennis Cullumber, Charles Dyer, Michael Greenwalt, Teresa Macias, Esther Lojero, Marilyn Man, Georgel Bryant-Montgomery, Sarah McPherson, Martha Snowden, Cheryl Parsons, Jill Burton-Andrade, Sandra Hopkins, David Goad, Susan Member Randolph made a motion that was seconded by Member Boatwright to combine as a consent agenda, item 12. The motion passed, 6 0. Member Laney 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 unanimously. 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. 13. Levins, Larristine Permanent manager certification Licensing Coordinator Wilkinson outlined for the Board the issues related to the applicant. The applicant has passed the manager examination. Applicant Larristine Levins was present and answered the Board s questions. Member Randolph made a motion that was seconded by Member Balint to approve the permanent manager certificate. The motion passed, Griffiths, Geraldine Permanent manager certification Licensing Coordinator Wilkinson outlined for the Board the issues related to the applicant. The applicant has passed the manager examination. Applicant was present and answered the Board s questions. Member Boatwright made a motion that was seconded by Member Stamo to approve the permanent manager certificate. The motion passed, 6 0.

7 June 10, 2013 NCIA Board Meeting Minutes Page 7 of Romero, Adrian Temporary & Permanent manager certification Licensing Coordinator Wilkinson outlined for the Board the issues related to the applicant. Applicant Adrian Romero was present and answered the Board s questions. Member Laney made a motion that was seconded by Member Stamo to approve the temporary manager certificate, and then approve the permanent manager certificate, pending passing all required examinations within the substantive time frame or the certificate will be denied Woodworth, Thomas Temporary & Permanent manager certification Mr. Woodworth was not present. The Board tabled this item until next meeting. 17. None 18. None 19. Ellis, Darrell Permanent manager certification Licensing Coordinator Wilkinson outlined for the Board the issues related to the applicant. The applicant has passed the manager examination. Applicant Darrell Ellis was present and answered the Board s questions. Mr. Ellis admitted he answered question 9, No and then changed it to Yes when it was brought to his attention. Mr. Ellis had multiple criminal driving convictions for driving while suspended and one for marijuana possession. Member Boatwright made a motion that was seconded by Member Iozzo to deny the permanent manager certificate under (C)(1) is of good character. A roll call vote passed Felix, Mirtha Permanent manager certification Licensing Coordinator Wilkinson outlined for the Board the issues related to the applicant. The applicant has passed the manager examination. Applicant Mirtha Felix was present and answered the Board s questions. Member Stamo made a motion that was seconded by Member Boatwright to approve the permanent manager certificate. The motion passed 6 0. C. Individual Board Review, Consideration and Action on Applicants Temporary manager certificate and to Deny temporary manager certificate for failing manager exam on May 2, A Bialek, Anna Temporary Member Laney made a motion that was seconded by Member Stamo to deny the temporary manager certificate pursuant to ARS (D) for failing the manager examination. A roll call vote passed 6 0.

8 June 10, 2013 NCIA Board Meeting Minutes Page 8 of 9 IX. OTHER BUSINESS A. New Business: The Board may Review, Consider and take Action 21. 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. 22. Financial Reports Executive Director Imig discussed the financial report. Revenues are running about 5% over projections with a fund balance of $116, Expenses are as projected and under our appropriation. 23. Complaints Status Report Investigator Smyth summarized the complaint status report. As of the end of May there were 95 complaints opened so far this fiscal year. 80 are resolved and only 15 remain open. 24. Licensing Report Licensing Coordinator Wilkinson reviewed the licensing report with the Board. Renewals are steadily coming in. There is an increase in the number of manger applications the Board is receiving lately. 25. Legislation Update There was none to report on. 26. Rules Update On June 4, 2013, GRRC approved the final rules for manager and caregiver training programs. These rules will go into effect on August 3, Executive Director Imig advised that the State Procurement Office was assisting in putting together a Request for Proposal for a testing company to proctor the manager and caregiver examination. 27. Service Award Executive Director Imig acknowledged the dedicated service Robin Burr gave to Board as a member for the past three years. 28. Board Meeting Critique The Board briefly critiqued the meeting. XI. FUTURE AGENDA ITEMS The Board wanted an agenda item to discuss what crimes the Board wanted to review related to applicants.

9 June 10, 2013 NCIA Board Meeting Minutes Page 9 of 9 XII. ADJOURNMENT Member Randolph made a motion that was seconded by Member Boatwright to adjourn the meeting. The motion passed 6 0. The meeting was adjourned at 12:48 p.m. The next regular meeting of the Board will be held on Monday, July 8, 2013 at 1400 W. Washington, Conference Room B-1, Phoenix, Arizona, at 9:00 a.m.