Bureau of Occupational Licenses

700 West State Street, P.O. Box 83720

Boise, ID 83720-0063 


Board Meeting Minutes of 9/21/2010


BOARD MEMBERS PRESENT:  Shirlie Meyer - Chair

                                                             Vicky Goettsche

                                                             Linda L. Simon



                                                            Dale Eaton


BUREAU STAFF:                           Dawn Hall, Administrative Support Manager

                                                            Lori Peel, Investigative Unit Manager

                                                            Karl Klein, Administrative Attorney

                                                            Cherie Simpson, Management Assistant

                                                            Janice Wiedrick, Technical Records Specialist

Nita Metro, Office Specialist II


OTHERS PRESENT:                     Robert Vande Merwe, IHCA/ICAL

                                                            Paul Dorrance, Head Masters

                                                            Jamie Simpson, Health and Welfare

Kathy Brink, Administrator

Tim Pape, Applicant

Kris Ellis, IHCA/ICAL


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




Ms. Simon moved to approve the amended minutes of July 15, 2010.  Ms. Goettsche seconded, motion carried.




Ms. Peel presented the financial report showing a positive balance of $8166.61.




Ms. Peel presented the contract addendum for the year 2011 to the Board.  Ms. Goettsche moved to approve the addendum and have Chair Meyer sign it on behalf of the Board.  Ms. Simon seconded, motion carried.




Ms. Peel reported that the Attorney General’s Office is no longer working on the prosecutions for the Board.  Roger Hales will be the prosecuting attorney for the RCA Board.


I-RCA-2010-15 - C alleged R practiced in a manner that was inconsistent with the health and safety of clients.  Investigation revealed that R was the facility administrator from 7/08 to 7/09.  After R left, another administrator took over for 6 weeks, then C took over the facility.  C alleged that while R was the administrator, nursing was out of compliance, NSAs were not in place, and morphine was not documented.  Health and Welfare informed the investigator that deficiencies noted during a survey in 10/09 and a complaint investigation in 11/09 could not be attributed to R, and the survey did not find any core deficiencies.  R informed the investigator that she became aware that she was an ineffective administrator approximately 60 days before her last day of employment, but was required by contract to give a 30-day notice.  R stated that the owners went around the administrators for employee schedules, tasks, hiring and training.  R stated that all resident cares, complaints, medication issues, etc. were handled by the RN, a GPN (graduate practical nurse, the daughter of the owner), and the owner behind closed doors.  R stated that at no time was a resident’s health or safety placed in a critical situation, to the best of her knowledge all NSAs were complete and up to date, all assessments were to be completed by the facility RN, and that there were some complaint investigations prior to and after R being the administrator but none while she was administrator.  The administrator who was hired after R stated that when she was hired, the facility was in high stress.  The administrator stated that there were long-term operational issues that R was not responsible for, that the owner’s philosophy was to not allow the administrator to succeed, that the owner would constantly undermine the administrator, and that the only driving force at the facility was the marketing and the common phrase used by the owner that “I want butts in the beds.”  The administrator stated that she found no immediate danger for clients but had concerns about the nursing that was in place.  The administrator stated that she brought in a contract RN, and she and the RN resigned at the same time because they were not allowed to run the facility properly and were constantly countermanded on admissions.  A pro review was conducted on the file, and the pro reviewer stated that R was not the administrator at the time of the 10/09 survey and 11/09 complaint investigation; that neither the survey nor the complaint investigation showed evidence of any core issues; that Health and Welfare found the facility to be “providing a safe environment”; that it is apparent that the owner made the administrators feel undermined, belittled and not allowed to do what they felt was in the best interest of the facility; that it is difficult to place the blame on R for NSAs with such a high turnover in administrators and admitted shortcomings in nursing; that it appears that R did her best as administrator under an existing chaotic environment; and that although R should have raised alarm if she felt she was not allowed to do her job, it was not grievous enough to warrant sanctions against R’s license.  Based on the investigation and pro review, IBOL recommends that the Board authorize closure.


Ms. Goettsche moved to accept the recommendation and close the file.  Ms. Simon seconded, motion carried.






Ms. Goettsche moved to accept the settlement and have Chair Meyers sign on behalf of the Board.  Ms. Simon seconded, motion carried.




Ms. Goettsche moved to accept the settlement and have Chair Meyers sign on behalf of the Board.  Ms. Simon seconded, motion carried.




Ms. Peel reported that Idaho does not send the Continuing Education violations to the National Practitioners Data Bank.  Ms. Peel is to send information to the Board members to see if CE’s are related to the delivery of heath care, and must be reported to the Data Bank.  To be discussed further at the next meeting.




Paul Dorrance of Head Masters examination gave a power point presentation of the examination statistics to the Board.  The examination has not been changed.


The pass rate for March through December of 2009 shows 54%.


The pass rate for January through September 2010 shows 39%.


The overall pass rate since the examination started shows a pass rate of 45%.


There will be a workshop this afternoon to go over some of the test questions, and a workshop tomorrow at Health and Welfare to review other questions dealing with its Rules and Regulations.




A course for continuing education credits called: “Basics for Assisted Living Training” was reviewed by the Board.  This course was to be added to the approved coursework “The Role and Responsibilities of Assisted Living Administrators.”   The original course was approved for one year, in July 2010, with a statistical review of the coursework and comments by attendees due in July 2011.  Ms. Simon moved to not approve the ‘Basics” course until the review of the coursework is completed. No changes or additions are to be made until the review in July 2011. Ms. Goettsche seconded, motion carried.




Ms. Goettsche moved for the Board to go into 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 applications, and continuing education for renewal of licenses. Ms. Simon seconded.  Vote:  Ms. Goettsche, aye; Ms. Simon, aye; and Ms. Meyer, aye.  Motion carried. 


Applicant  #901110968 met with the Board during the executive session about the incomplete application for licensure.


Ms. Simon moved to come out of executive session.  Ms. Goettsche seconded.

Vote:  Ms. Goettsche, aye; Ms. Simon, aye; and Ms. Meyer, aye.  Motion carried.




Ms. Goettsche moved to approve Lisa Marie Whalen for the licensure examination.  Ms. Simon seconded, motion carried.


Ms. Simon moved to approve Amy Rackham for the licensure examination.  Ms. Goettsche seconded, motion carried.


Ms. Goettsche moved to hold the application for 901110968 pending further information.  Ms. Simon seconded, motion carried.




The Board reviewed CE for reinstatement and referred those who were not in compliance to investigations.    




Ms. Goettsche moved to send Ms. Simon to the NAB Convention in Chandler, AZ, on November 10-12, 2010, and pay the expenses. Ms. Meyer seconded, motion carried.




January 13, 2011, starting at 9:00 a.m.




Ms. Simon moved to adjourn the meeting at 12:15 p.m.  Ms. Goettsche seconded, motion carried.



_________________________________      _________________________________

Shirlie Meyer, Chair                                          Dale Eaton

_________________________________      _________________________________

Vicky Goettsche                                               Linda L. Simon

_________________________________      _________________________________

Pat Gooding                                                     Tana Cory, Bureau Chief