Bureau of Occupational Licenses
1109 Main Street, Suite 220
Boise, ID 83702-5642
Linda L. Simon
BOARD MEMBERS ABSENT: Pat Gooding
Lori Peel, Investigative Unit Manager
Karl Klein, Administrative Attorney
Marilyn London, Technical Records Specialist I
OTHERS PRESENT: Geraldine Stanfield
Jamie Simpson, Health and Welfare
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.
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.
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.
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
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.
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.
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.
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.
The Board scheduled it’s
next meeting for
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