Bureau of Occupational Licenses
700 West State Street, P.O. Box 83720
Boise, ID 83720-0063
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† †Dale Eaton
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† †Vicky Goettsche
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† †Linda L. Simon
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† †Lori Peel, Investigative Unit Manager
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† †Karl Klein, Administrative Attorney
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† †Janice Wiedrick, Technical Records Specialist
OTHERS PRESENT:†††††††††††††††††††† Jamie Simpson, Facility Standards, Health and Welfare
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Kathy Brink, Administrator
APPROVAL OF MINUTES
Ms. Simon moved to approve the minutes of September 21, 2010.† Mr. Eaton seconded, motion carried.
Ms. Hall reported that the Boardís proposed legislation will be presented soon.† Ms. Hall asked if the Board would like the routing slip posted on the web site when it is available.† The Board said yes.
Ms. Hall presented the financial report showing a positive balance of $12,724.01.
I-RCA-2009-9† C alleged R allowed her residents to be treated in a manner inconsistent with the health and safety of residents as follows:† failed to fix the brakes on a residentís wheelchair in a timely manner; failed to keep the facility properly clean; failed to keep toilets clean and in working order; failed to fix buckling carpeting; failed to offer activities; failed to maintain appropriate food; failed to prepare food for residents with special dietary needs; and failed to ensure personal grooming and dress of residents.† Facility Standards records show that in 9/06 a survey found the facility to be providing a safe environment for its residents and had non-core issues on a punch list (which were resolved); in 5/08 a complaint investigation determined the allegation that the facility was retaining a resident above the level of care was unsubstantiated; and in 5/08 a survey found that the facility was providing a safe environment for its residents and had non-core issues on a punch list (which were resolved).† As to Cís allegations, R stated that her husband attempted to fix the brakes on the wheelchair and then she contacted Norco to fix it; she always made sure the facility was clean and if she found something that was not clean she made sure it was cleaned; she told maintenance several times about the toilet and maintenance eventually fixed it; she informed the owners of the building several times about the carpet buckling and, when the owners refused to fix it, had the survey crew contact the owners about it and it was fixed; she created an activity schedule once a month; she made sure there was appropriate food and went shopping at least twice a month; she made sure that everyoneís diet was taken into consideration when she went shopping; and she always made sure she and the staff assisted with personal cares.† R left the facility in 7/08, her license expired in 8/09, and R informed the investigator that she has no intention of returning to the residential care profession.† The investigation did not reveal any evidence to support an allegation that R acted in a ďwillful or repeatedĒ manner inconsistent with the health and safety of patients; therefore, IBOL recommends that the Board authorize closure.
Ms. Simon moved that the Board authorize closure.† Ms. Goettsche seconded, motion carried.
I-RCA-2010-18† C, the owner of a facility, alleged that R removed prescription medications from the facility and participated in theft of funds from the facility.† Investigation did not reveal any evidence to support the allegations.† In addition, C contacted local law enforcement and law enforcement declined to bring charges against R.† Therefore, IBOL recommends that the Board authorize closure.
Ms. Simon moved to authorize closure.† Mr. Eaton seconded, motion carried.
I-RCA-2010-19† C alleged R failed to notify R of a patientís death for 3 days and failed to follow the patientís final wishes.† Investigation revealed that C was the emergency contact for the patient, and that C had been appointed approximately 3 months prior to the patientís passing.† When the patient passed away, staff members called C but received no answer and finally left a message on Cís home phone.† Staff members then located a local family member to work with.† Investigation also revealed that C was on vacation when staff members attempted to contact C and that the only number for C in the patientís file was the home number.† The social worker who worked with the patient informed the investigator that the cover sheet for the patientís file had been updated at one time to include Cís cell phone number, but the updated cover sheet was missing from the file.† The social workerís supervisor informed the investigator that the facility has found that outside providers, such as physicians and drivers, remove the cover sheet to have information on patients, and it appears that is what occurred in this case.† The supervisor stated that there are now several cover sheets for the provider and one copy is marked as the original and not to be removed from the file.† It does not appear that R ďwillfully or repeatedlyĒ acted in a manner inconsistent with the health and safety of the patients; therefore, IBOL recommends that the Board authorize closure.
Ms. Goettsche moved to authorize closure.† Ms. Simon seconded, motion carried.
I-RCA-2011-3† C alleged R failed to respond appropriately after a CNA made a medication error in administering medications to Cís father.† Investigation revealed that C took her father to the hospital on 7/19/10 when he reported fatigue after receiving medications.† Cís father reported to the hospital that one of his medications was different.† R stated that this was investigated and it was found that the patientís 81-mg. aspirin was usually yellow, but the new bottle was orange-flavored so the pill was orange.† On 7/21/10 the CNA administered all of another residentís medications to the patient, realized the mistake, and called 911.† The patient was transported to the hospital and there were no long-term health issues.† According to R, the CNA was not allowed to continue working after the error on 7/21/10 and was fired immediately.† The investigation did not reveal any evidence to support Cís allegation that there was a medication error on 7/19/10 or that R allowed the CNA to continue working after the medication error on 7/21/10.† IBOL recommends that the Board authorize closure.
Ms. Goettsche moved to authorize closure.† Ms. Simon seconded, motion carried.
I-RCA-2011-6† R submitted a renewal application after Rís license expired and was required to submit documentation verifying completion of required CE.† Documentation submitted by R shows that R obtained 11.75 hours in the one-year period before reinstatement, leaving R with a 15-minute deficiency.† IBOL recommends that the Board authorize closure with a warning letter to R advising R that, in the future, she must ensure that she has obtained the full 12 hours before renewal.
Mr. Eaton moved to authorize closure with a warning letter. Ms. Simon seconded, motion carried.
National Practitioners Data Bank (NPDB) Reporting
Ms. Peel discussed NPDB-HIDB (National Practitioner Data Band and Healthcare Integrity Protection Data Bank) reporting with the Board to consider whether continuing education discipline should be reported. Mr. Eaton moved that continuing education discipline is viewed as administrative and not reportable to the National Data Banks. continuing education as an administrative action and not reportable to NPDB.† Ms. Simon seconded, motion carried.
Discussion was held on the number of exam questions. Mr. Dorrance, HeadMasters, suggested the† examination could be shortened to 80 questions without compromising the examination.
Ms. Simon moved to keep the 100 questions on the examination.† Mr. Eaton seconded, motion carried.
Open Book Examination
Discussion was held on raising the passing score on the open book examination.† This would require a rule change and will be discussed further at the April 2011 meeting.†
The Board requested that new versions of the open book examination be developed for use.†
The Board is to review its law and rules to determine if any changes need to be drafted for the 2012 Legislative Session.
A request for an extension of time for paying a fine and implementing a payment plan was reviewed.
Ms. Simon moved that if the licensee chooses to renew the license, then the fine must be paid in a lump sum, and the continuing education documented.† If the licensee does not voluntarily surrender the renewal rights, then the time frame is to be extended for six months.† Mr. Eaton seconded, motion carried.
Ms. Goettsche moved to approve payment of the NAB annual dues.† Mr. Eaton seconded, motion carried.
Mr. Eaton moved to have Chairman Meyer sign, on behalf of the Board, the contract with NAB for January 2, 2011 to January 2, 2012.† Ms. Goettsche seconded, motion carried.
Provisional Permit Requirements
Discussion was held on what requirements are needed to obtain the provisional permit.†
Mr. Eaton moved to enforce the requirements for provisional permit as written in Idaho Code 54-4211 which states: ďProvisional permits. (1) Pending issuance of a license, the board may issue a provisional permit for a period not exceeding three (3) months, without an examination to an applicant who files a written application for a provisional permit and who is otherwise qualified but does not meet the examination requirements and is applying to fill a vacancy on an emergency basis.Ē Ms. Goettsche seconded, motion carried.
When provisional permits are issued, a copy of the permit is to be sent to Facility Standards for tracking purposes.
Safe Haven requested approval for a continuing education course approval for six monthly forums of one hour each for Nursing Home Administrators.† The courses may also relate to residential care administrators.† The Board would like to invite a representative from Safe Haven to attend its next meeting, and would like additional information on the content of the courses named for review.†
Ms. Goettsche moved 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 materials and continuing education for renewals. Ms. Simon seconded.† Vote:† Mr. Eaton, aye; Ms. Simon, aye; Ms. Goettsche, aye; and Ms. Meyer, aye.† Motion carried.
Ms. Simon moved to come out of executive session.† Ms. Goettsche seconded,†
Vote:† Mr. Eaton, aye; Ms. Simon, aye; Ms. Goettsche, aye; and Ms. Meyer, aye.† Motion carried.
Ms. Simon moved to approve the application for licensure for #518965111, pending receipt of a passing score on the final examination.† Mr. Eaton seconded, motion carried.
Ms. Goettsche moved to approve the application for licensure for #541700820 pending receipt of the certificate of completion for the required coursework and successful passing of the open book and final examinations.
Continuing education for renewal of licenses was reviewed.† Those not approved are to be sent to investigations.†
April 14, 2011 at 9:00 a.m. MDT
July 14, 2011 at 9:00 a.m. MDT
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
Tana Cory, Bureau Chief