Other Committee Agenda Report For May 9, 2018

Transcription

1 For May 9, 2018 Committee: Agency Performance and Meeting Date: May, Subcommittee: Time: 01:30 PM Branch: Location: 432A 1. Call to Order 2. Roll Call 3. Appointment of Secretary for the purpose of keeping minutes 4. Approval of Minutes (we will discuss why we will not be able to approve minutes from last meeting.) 5. Review of the effect of the recent legislative session on APAC's work 6. Change in Speaker's Office support staff 7. Discussion and approval of Pathways Consulting relationship 8. Vendor Bids a. Selection of Bid Evaluation Committee b. Non-Disclosure Agreements by Bid Evaluation Committee members c. Report from Robert Goad on the five bidders who responded d. Establishment of a timetable for evaluation of bids and awarding contract(s) 9. Discussion of when Education should be audited and how/when that might be funded 10. Confirmation of next meeting date, currently scheduled for May 31, Adjournment Agenda Page 1

2 Committee: Capitol Improvement Authority (OMES) Meeting Date: May, Subcommittee: Time: Branch: Location: Cancelled Agenda Page 2

3 Committee: Medical Licensure Meeting Date: May, Subcommittee: Time: 09:00 AM Branch: Location: 101 NE 51st Street, OKC Regular Meeeting Agenda Meeting called to order Opening remarks - Lyle Kelsey, Executive Director Alternate Board Advisor Comments - The Hon. Emilykaye Lonian Review, discussion and possible action - Minutes of March 8-9, 2018 Meeting Review, discussion and possible action - Request of Tahlequah Medical Group - Northeastern Health System - Internal Medicine Residency Program for Declaratory Ruling regarding Allopathic Accreditation Review, discussion and possible action - Request of DONALD F. HASLAM, MD, to supervise more than two full-time Advanced Practice Registered Nurses Review, discussion and possible action - Request of SCOTT TURNER, MD, to supervise more than two full-time Advanced Practice Registered Nurses PROBATIONARY MATTERS ANOOP SANGHA, MD - Defendant's Motion to Terminate Probation and Staff's Motion for Agreement DAVID L. GRAHAM, MD - Defendant's Motion to Modify Terms of Voluntary Submittal to Jurisdiction PATRICK HORN, MD - Final Probation Review ERIC WEST, MD - Final Probation Review BRYAN SWIETEK, OTA - Final Probation Review APPLICATIONS MICHAEL ALLEN MEYERSON, applicant, full medical license KRISHNA KANTH LINGALA, applicant, full medical license AMIT KUMAR, applicant, full medical license PRESENTATION Presentation and discussion Board Certification Equivalency (Okla. Admin. Code 435:10-7-2) - American Board of Medical Specialties (ABMS) DISCIPLINARY MATTERS Page 3

4 WILLIAM DALE WRIGHT, M.D. - Hearing on Immediate Summary Suspension of Medical License filed herein on March 29, 2018 based on three felony charges being filed in Garvin County, Oklahoma. The charges are: Obtaining CDS by Fraud; Violating the Uniform Controlled Substance Act; and Use of telecommunications device in commission of CDS crime. RICARDO VILLARREAL, PTA - Disciplinary hearing on allegations of dishonorable or immoral conduct that is likely to deceive, defraud, or harm the public; participation in fraud, abuse and/or violation of state or federal laws; violating the Standards of Ethics and Professional Conduct" adopted by the Board; failure to timely make application for license renewal; and violation of any provision of the Physical Therapy Practice Act or the rules and regulations of the Board, or of an action, stipulation, agreement or order of the Board. ALBERT THU NGUYEN, M.D. - Disciplinary hearing on allegations of engaging in dishonorable or immoral conduct which is likely to deceive defraud or harm the public; violating the criminal laws of this State, including 63 O.S. 2013, 2-309, when such act is connected with the physician's practice of medicine; writing false or fictitious prescriptions for any drugs or narcotics declared by the laws of this state to be controlled or narcotic drugs; aiding or abetting the practice of medicine and surgery by an unlicensed person; prescribing or administering a drug or treatment without sufficient examination and the establishment of a valid physician-patient relationship; and indiscriminate or excessive prescribing, dispensing or administering of Controlled or Narcotic drugs; violating any state or federal law or regulation relating to controlled substances GARY LOVELESS, LPED, LPO - Disciplinary hearing on allegations of failure to meet continuing education requirements; falsifying continuing education units; and the commission of any act which is a violation of the criminal laws of any state when such act is connected with the physician's practice of medicine. BRAD ALAN STARKEY, M.D. - Disciplinary hearing based on allegations of the inability to practice medicine with reasonable skill and safety to patients by reason of age, illness, drunkenness, excessive use of drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. In enforcing this subsection the Board may, upon probable cause, request a physician to submit to a mental or physical examination by physicians designated by it; dishonorable or immoral conduct which is likely to deceive, defraud, or harm the public; confession of a crime involving violation of the laws of this state; habitual intemperance or the habitual use of habit-forming drugs; and the habitual or excessive use of any drug which impairs the ability to practice medicine with reasonable skill and safety to the patient. CYNTHIA DIANE GOODMAN, M.D. - Disciplinary hearing on allegations of violation, or attempted violation, direct or indirect, of any of the provisions of the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act, either as principal, accessory or accomplice; receiving disciplinary action from another state or jurisdiction; dishonorable or immoral conduct which is likely to deceive, defraud, or harm the public; the commission of any act which is a violation of the criminal laws of any state when such act is connected with the physician's practice of medicine; aiding or abetting, directly or indirectly, the practice of medicine by any person not duly authorized under the laws of this state; failure to provide a proper and safe medical facility setting and qualified assistive personnel for a recognized medical act, including but not limited to an initial in-person patient examination, office surgery, diagnostic service or any other medical procedure or treatment, and adequate medical records to support diagnosis, procedure, treatment or prescribed medications must be produced and maintained; violating any state or federal law or regulation relating to controlled substances; and failure to provide a proper setting and assistive personnel for medical act, including but not limited to examination, surgery, or other treatment. WALTER JAY EXON, M.D. - Disciplinary hearing on allegations of dishonorable or immoral conduct likely to deceive, defraud, or harm the public; prescribing or administering a drug or treatment without sufficient examination and the establishment of a valid physician-patient relationship; prescribing, dispensing or administering of controlled substances or narcotic drugs in excess of the amount considered good medical practice, or prescribing, dispensing or administering controlled substances or narcotic drugs without medical need in accordance with published standards; failure to maintain an office record for each patient which accurately reflects the evaluation, treatment, and medical necessity of treatment of the patient; failure to provide a proper and safe medical facility setting and qualified assistive personnel for a recognized medical act, including but not limited to an initial in-person patient examination, office surgery, diagnostic service or any other medical procedure or treatment. Adequate medical records to support diagnosis, procedure, treatment or prescribed medications must be produced and maintained; indiscriminate or excessive prescribing, dispensing or administering of controlled or narcotic drugs; dispensing, prescribing or administering a controlled substance or narcotic drug without medical need; except as otherwise permitted by law, prescribing, selling, administering, distributing, ordering or giving a habitue or addict or any person previously drug dependent, any drug legally Page 4

5 classified as a controlled substance or recognized as an addictive or dangerous drug; and improper management of medical records. UNSCHEDULED ITEMS Ratify applications approved by the Secretary/circularization (attached to agenda) Review/action - Ratify/approve Committee recommendations approved on circularization Music Therapy Committee Occupational Therapy Advisory Committee Physician Assistant Advisory Committee Physical Therapy Advisory Committee Respiratory Care Advisory Committee Review/action - Appointment to the Physical Therapy Advisory Committee to fill the seat currently held by David Haynes, AT, PT, which is set to expire on July 1, 2018 Review/action - January and March of 2019 Proposed Board Meeting Dates Executive Director's report to the Board Legislative Update - Luke Martin, Board Liaison Review/action - FY 2019 Budget Report - Federation of State Medical Boards Annual Meeting New Business - any matter not known about or which reasonably could not have been foreseen prior to the required time of posting May 11, 2018: If needed to complete items on Agenda Page 5

6 Committee: Land Office, Commissioners of Meeting Date: May, Subcommittee: Time: 02:00 PM Branch: Location: Governor's Large Conference Regular Meeting Agenda Call to Order Roll Call Declaration of a Quorum 1. Request Approval of Minutes for Regular Meeting Held March 8, 2018 a. Presented by Harry W. Birdwell, Secretary c. Commission action in which the Board may approve, disapprove or table the matter and/or direct staff to take further action. 2. Secretary's Comments a. Distributions to Beneficiaries for the Months of March and April 2018 b. Year to year comparisons (FY 2018 vs. 2017) and plans for the balance of FY 2018 c. FY 2018 Easement Report d. Investment Manager Fee Report e. March 2018 Lease Bonus Auction Report f. Legislative Update 2018 Oklahoma Legislative Session g. Impact of Recent Attorney General Informal Letter Opinion h. Changes in CLO Personnel 1. Resignation of General Counsel 2. Introduction of New Employees: Sara Shepherd & Makila Fields 3. Presentation of March 31, 2018 Quarterly Investment Performance by RVK (Informational Purposes Only) a. Presented by Mark Higgins, RVK 4. Update on Oklahoma Wildfires Impacts on CLO Lands (Informational Purposes Only) Page 6

7 a. Presented by James Spurgeon, Real Estate Management Director 5. Consideration and Possible Action to Issue Continuous Easements Lease No. Legal Description Easement No Blaine County SE/4 Sec N-12WIM 9816 Blaine County has accepted appraised value of $2,150 for a continuous easement for bridge and public road improvements. Area requested is 1.43 acres, per provided survey. The appraisal was completed by Trent Wildman and approved by James Spurgeon. Lease No. Legal Description Easement No Blaine County SE/4 Sec N-13WIM 9817 Blaine County has accepted appraised value of $525 for a continuous easement for bridge and public road improvements. Area requested is 0.35 acres, per provided survey. The appraisal was completed by Trent Wildman and approved by James Spurgeon. Recommendation: The Director of Real Estate Management recommends approval of the continuous easements. a. Presented by James Spurgeon, Real Estate Management Director c. Commissioners action in which the Board may approve, disapprove or table the matter and/or direct staff to take further action. 6. Consideration and Possible Approval of Appraisal for 36th and Lincoln Property The Commission purchased, through inter-agency agreement with OMES, approximately 10 acres of land located at the Northeast and Northwest corners of NE 36th and Lincoln Blvd., north of the state capitol. The staff has since completed a proposed development plat for a mixed use of office and retail. The Director of Real Estate Management presents the appraisal for approval and authorization to offer the land for public bid. Recommendation: Director of Real Estate Management recommends approval of the appraisal and authorization to offer the land for public bid. a. Presented by James Spurgeon, Director of Real Estate c. Commission action in which the Board may approve, disapprove or table the matter and/or direct staff to take further action 7. Request for Professional Services Contracts Funding Authorization The Commission may discuss and act on a request to authorize a separate contract with Mahaffey & Gore, PC for continuing representation in the Apache royalty recovery matter in the amount of $100,000. Recommendation: Secretary Birdwell recommends approval of the contract with Mahaffey & Gore. Page 7

8 a. Presented by Harry Birdwell, Secretary c. Commission action in which the Board may approve, disapprove or table the matter and/or direct staff to take further action 8. Consent Agenda - Request Approval of February and March 2018 Agency Monthly Division Summary of Activities The Agenda items presented on the Consent Agenda are considered as one item for voting purposes. The Consent Agenda includes items that are statutorily or constitutionally required to be performed by the Commissioners of the Land Office or are administrative in nature, which are done as a routine action by the Commissioners of the Land Office. If any member of the Commission or any member of the public requests a particular item or items to be considered individually, the matter or matters shall be considered individually. a. Presented by Harry W. Birdwell, Secretary c. Commission action in which the Board may approve, disapprove or table the matter and/or direct staff to take further action. Financial Services Division 1. February 2018 a. Claims Paid (routine) 2. March 2018 a. Claims Paid (routine) b. Budget vs. Actual Expenditure Comparison Minerals Management Division 1. February 2018 a. 1/17/2018 Oil and Gas Lease Awards b. Listing of Tracts Offered March 28th, 2018 c. Assignments of Oil and Gas Leases 2. March 2018 a. 3/28/2018 Oil and Gas Lease Sale Tabulation b. Assignments of Oil and Gas Leases Real Estate Management Division 1. February 2018 a. Request and Authorization for Improvements b. February 22, 2018 Sealed Bid Auction Result c. Term Irrigation Permit Issued for a Term Beginning 4/15/2018 Thru 4/14/2019 Page 8

9 d. 20 Year Easements e. Renewed 20 Year Easements f. Assignment of Easements g. Surface Lease Assignments h. Short Term Commercial Lease Renewals 2. March 2018 a. 20 Year Easements b. Assignment of Easements c. Limited Right of Entry Permits d. Surface Lease Assignments e. Short Term Commercial Lease Renewals f. Short Term Commercial Lease Assignments 9. Financial Information Regarding Investments and Monthly Distributions (informational only) Investments a. Market Value Comparison April 2018 Accounting a. March 2018 Distribution by District and Month b. April 2018 Distribution by District and Month 10. Executive Session A. An Executive Session may be convened pursuant to 25 O.S. 307(B)(1) Discussing the employment, hiring, appointment, promotion, demotion, disciplining or resignation of any individual salaried public officer or employee. Discussion may include employing, hiring, appointing, and establishing the salary for the General Counsel of the CLO. a. Presented by Secretary Harry Birdwell b. Vote to Convene Executive Session c. Retire to Executive Session d. Vote to Return to Open Session 11. Consideration and Possible Action on Executive Session Items The Commission may further consider and take action in open session related to the listed Executive Session agenda items in accordance with 25 O.S. 307(E)(3). a. Commission action in which the Board may approve, disapprove or table the matter and/or direct staff to take further action. Page 9

10 12. New Business The Commission may discuss, consider and take possible action regarding new business that could not have been reasonably anticipated or was unknown prior to the regular meeting. Adjourn Page 10