IDAHO BOARD OF EXAMINERS OF RESIDENTIAL CARE FACILITY ADMINISTRATORS

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Board Meeting Minutes of 1/7/2010

 

 

BOARD MEMBERS PRESENT:  Shirlie Meyer - Chair

                                                             Dale Eaton

                                                             Vicky Goettsche

                                                             Linda L. Simon

 

BOARD MEMBERS ABSENT:     Pat Gooding            

 

BUREAU STAFF:                           Tana Cory, Bureau Chief

                                                            Dawn Hall, Administrative Support Manager

                                                            Lori Peel, Investigative Unit Manager

                                                            Karl Klein, Administrative Attorney

                                                            Marilyn London, Technical Records Specialist I

 

OTHERS PRESENT:                     Geraldine Stanfield

                                                            Jamie Simpson, Health and Welfare

                                   

The meeting was called to order at 9:00 AM MST by Shirlie Meyer.

 

 APPROVAL OF MINUTES

 

A motion was made by Ms. Goettsche to accept the November 3, 2009 minutes as written. Seconded by Mr. Eaton, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Cory introduced Lori Peel as the new Investigative Unit Manager replacing Budd Hetrick. Ms. Cory informed the Board that the proposed laws and rules are posted on the Board’s website. She explained that when the bills come up for review that the members will be notified by e-mail. Ms. Meyer stated that she prefers to be notified by phone.

 

FINANCIAL REPORT

 

Ms. Hall presented the financial report to the members of the Board. The current cash balance as of December 31, 2009 is $4,463.99.

 

FINDINGS OF FACT, CONCLUSION OF LAW AND FINAL ORDER

 

Ms. Peel presented case RCA-2010-5 for Board review. The Chair recused herself from discussion. Following discussion, a motion was made by Mr. Eaton to approve the Findings of Fact, Conclusion of Law and Final Order for case RCA-2010-5 as written and authorize Ms. Goettsche to sign on behalf of the Board. Seconded by Ms. Goettsche, motion carried.

 

CONTINUING EDUCATION SETTLEMENT ORDER

 

Ms. Peel presented case RCA-2010-2 for Board review. Following discussion, a motion was made by Ms. Goettsche to approve the Continuing Education Settlement Order for case RCA-2010-2. Seconded by Mr. Eaton, motion carried.

 

INVESTIGATIVE REPORT

 

Ms. Peel presented the investigative report to the members of the Board.

 

The Board members discussed concerns regarding the increase in complaints from the past two years and the possible reasons for the increase. Ms. Peel will research and report to the Board at its next meeting the complaint origins and types, so the Board will have a clearer picture of what kind of training is needed to help administrators.

 

For Board Determination:

 

I-RCA-2010-6  C alleged R is practicing as a RCA without being licensed.  In particular, C provided a copy of a newsletter that stated, "Congratulations to [R], the new Administrator for [name of facility]." Bureau records show that R was previously licensed but his license expired in 2003 and was not renewed.  On 9/9/09 R submitted an application for licensure to the Board.  The newsletter that is the subject of the complaint is dated November 2009.  In response to the complaint, R stated that someone placed the information in the newsletter without his knowledge and that they "jumped the gun."  R stated that he has completed his open book exam and, after the test is reviewed, he will sign up for the national exam at the earliest date.  R stated that the facility at which he works has identified a licensed RCA to provide additional oversight of the facility while he assists with day-to-day operations, that the RCA is available for questions as well as onsite coverage, that the facility will ensure that the licensed RCA be within 25 miles of the facility, and that additional resources will be provided as needed from within the facility's corporate structure.    IBOL recommends that the Board authorize closure.  It was moved by Mr. Eaton that the Board authorize closure. Seconded by Ms. Goettsche, motion carried.

 

I-RCA-2010-14  The Dept. of Health & Welfare asked IBOL to look into a situation where an RCA supervised a facility in Boise from the RCA's other facility in Portland from 8/24/09 until a new administrator was hired for the facility on 11/16/09.  INV revealed that in August 2009 R delegated the facility's office manager to act on R's behalf in R's absence.  R stated that the office manager knew the emergency procedures and the location and operations of emergency equipment, and that the office manager knew how to get in touch with R in the event of an emergency.  R stated that the new administrator arrived on 9/2/09 and obtained his provisional license on 11/16/09.  R stated that during the time in question R was in regular contact with the facility, speaking with the office manager and the to-be administrator, but also with the dietary director, the nurse and several health service staff.  R stated that if there were family or resident concerns R was made aware and action was taken where needed, that R was aware of staff concerns and was well aware of any equipment, machine disruptions or failures and took actions to resolve them as needed.  R stated that she was well informed of what was happening in the facility and could be in Boise by plane in one hour if needed.  IBOL notes that I.C. 54-4203 states that an RCA facility must be "under the supervision" of a licensed RCA.  "Supervision" is not defined by the Board's laws or rules; however, the Dept. of Health and Welfare's rules for RCA facilities states:  "The facility's administrator must be on site sufficiently to provide for safe and adequate care of the residents to meet the terms in the Negotiated Service Agreement.  The facility's administrator or his designee must be available to be on-site at the facility within two (2) hours."  IDAPA 16.03.22.215.02.  IBOL requests guidance from the Board regarding whether an RCA who is an hour away from the facility by plane is sufficiently supervising the facility.  IBOL also requests direction from the Board regarding whether this case should be closed, R should be issued an advisory letter, or any other action that the Board directs. Board noted that it was unlikely that R could be at the facility within two hours and that it is not consistent with patient safety to supervise a Boise facility from Portland. In addition, the Board believes that contact by phone is not sufficient supervision. It was moved by Mr. Eaton that the Board write an advisory letter to the respondent stating the Board’s position and authorize closure. Seconded by Ms. Goettsche, motion carried.

 

Linda Simon arrived at the Board meeting at 9:55 AM.

 

REVIEWING LAWS AND RULES

 

The Board discussed the need for the rules to define appropriate supervision. Ms. Simon and Ms. Goettsche will schedule a time to meet with Mr. Klein to review the laws and rules for possible changes. They will also include the review of the provisional permit law and rule.

 

NEW BUSINESS

 

CE COURSES

 

Ms. Stanfield presented information to the Board on a continuing education course for which she is requesting approval of continuing education credit. The Board will review the material and curriculum and make a decision at its next meeting. Ms. Stanfield was invited to attend the meeting.

 

The Board reviewed a continuing education course from Craig Boyes for Assisted Living Concepts Residence Director Training. A motion was made by Ms. Simon to deny the course for continuing education because the course is not relevant to residential care. The course is in-house orientation training. Seconded by Mr. Eaton, motion carried.

 

CONTINUING EDUCATION AUDIT

 

The Board reviewed a letter submitted from Susan Wessels regarding the Board’s denial of her continuing education course from the last audit period. After discussion, it was moved by Mr. Eaton that the Board give Ms. Wessels credit for 3 hours of the 16 hours and write her a letter stating she has 30 days to complete the additional continuing education and provide copies to the Board. These hours cannot be used toward the next renewal period. Seconded by Ms. Goettsche, motion carried.

 

EXECUTIVE SESSION

 

A motion was made by Ms. Goettsche that the Board enter executive session, under Idaho Code 67-2345(1)(d), to consider records that are exempt from disclosure under the Idaho Public Records Law. The purpose of the executive session will be to consider license application material. Seconded by Ms. Simon, motion carried. Individual votes for this motion were: Ms. Simon, aye; Ms. Meyer, aye; Ms. Goettsche, aye; and Mr. Eaton, aye.

 

A motion was made by Mr. Eaton to come out of executive session. Seconded by Ms. Simon, motion carried. Individual votes for this motion were: Ms. Simon, aye; Ms. Meyer, aye; Ms. Goettsche, aye; and Mr. Eaton, aye.

 

APPLICATIONS

 

A motion was made by Mr. Eaton that the Board deny the application of Josh Dollins. He may reapply after the completion of his misdemeanor probation period and provide records showing the completion. The Board also wants a new background check and letters of recommendation. Seconded by Ms. Goettsche, motion carried.

 

NEXT MEETING

 

The Board scheduled it’s next meeting for April 15, 2010 at 9:00 AM MST.

 

ADJOURNMENT

 

A motion was made by Ms. Simon to adjourn the meeting at 12:12 PM MST. Seconded by Ms. Goettsche, motion carried.

_________________________________      _________________________________

Shirlie Meyer, Chair                                          Dale Eaton

_________________________________      _________________________________

Vicky Goettsche                                               Linda L. Simon

_________________________________      _________________________________

Pat Gooding                                                     Tana Cory, Bureau Chief