MINUTES WEST VIRGINIA STATE BOARD OF EXAMINERS FOR LICENSED PRACTICAL NURSES BOARD MEETING FEBRUARY 17, 2005

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1 WEST VIRGINIA STATE BOARD OF EXAMINERS FOR LICENSED PRACTICAL NURSES MINUTES BOARD MEETING FEBRUARY 17, :30 a.m. DISCIPLINARY REVIEW COMMITTEE MEETING (Committee Members Only) 10:00 a.m. REGULAR MEETING (Open to the Public) 1 CALL TO ORDER: Meeting was called to order by Vice-Chairperson, Gregory Chiartas, at 10:15 a.m. 2 INTRO OF Members, guests and staff introduced themselves. MEMBERS, GUESTS AND STAFF Members Present - Gregory B. Chiartas Joan Smith Vickie Bennett Catherine Vance Joseph Kessel Duane Napier Members Absent - Jean Yates Suzannah Higgins Mark Stephens Staff Present - Lanette Anderson Tammy Crookshanks Elsie Patterson Guests Present: Sandra Thompson Tina Hawley Cynthia Watkins Don Johnson

2 MINUTES-BOARD MEETING-FEBRUARY 17, 2005 PAGE 2 Rita Harber Francine Kirby Edna Croston Amie Thomas Becky Davis Cyndy Sunstrom Marty Alston 3 PROPOSED AGENDA 4 MINUTES OF PREVIOUS MEETING By acclamation, the members approved the proposed agenda as presented. By acclamation, the members approved minutes of the October 14, 2004 Board Meeting as presented and circulated. 5A DISCIPLINARY Disciplinary Cases resolved since October 2004 Board Meeting: REVIEW COMMITTEE Consent Agreements Executed: 1. Cynthia A. Greenfield, License No ; BPN05-27 Reprimand per false documentation October 5, Pamela M. Martin, License No ; BPN05-08 Monetary penalty per worked on lapsed license October 5, Michelle L. Ortiz, License No ; BPN05-33 Reprimand per removed orders from medical record October 13, Susan E. Shuck, License No ; BPN05-11 Reprimand per alleged false documentation October 18, Linda J. Berisford, License No ; BPN05-19 $200 per worked on lapsed license October 18, Angela D. Poling, License No ; BPN05-28 Reprimand per false documentation October 21, 2004

3 MINUTES-BOARD MEETING-FEBRUARY 17, 2005 PAGE 3 7. Kathrine Soulsby, License No ; BPN05-62 Reprimand per practice issue November 5, Jennifer L. Board, License No ; BPN year probation per medication errors November 10, Deborah J. Shreve, License No ; BPN year probation per practice error November 10, Kristy L. Preece, License No ; BPN years probation per narcotics diversion November 10, Sharon G. Pilachowski, License No ; BPN05-39 Reprimand per discipline in another state November 17, Gloria S. Fannin, License No ; BPN05-41 Reprimand per medication error November 30, Michael McLaughlin, License No ; BPN05-31 Probation 1 year per impairment November 30, Sheila Y. Mayhew, License No ; BPN05-68 Reprimand per practice errors November 30, Ronnie Smith, License No ; BPN year probation per false documentation December 1, Amanda L. Tolley, License No ; BPN Reprimand per verbal abuse December 1, 2004

4 MINUTES-BOARD MEETING-FEBRUARY 17, 2005 PAGE Janice M. Sigmon, License No ; BPN05-61 Probation 1 year per practice errors December 7, Debra L. Ritchie, License No ; BPN05-76 Education requirements & fine for audit failure December 8, Christine E. Doss, Exam Applicant; BPN05-78 Reprimand per false information on application December 13, Rebecca M. Riffle, License No ; BPN Probation 1 year per practice errors December 13, Kami L. Burchell, License No ; BPN05-65 Probation 1 year per positive drug screen December 13, Lorena E. Bowyer, License No ; BPN05-72 Failed to comply with terms of Limited license December 20, Kelly J. Kirby, Exam Applicant; BPN05-74 Reprimand per false information on application December 20, Angela C. Casto, License No ; BPN05-70 Reprimand per practice errors December 20, Melissa A. Ball, License No ; BPN years Probation for medication errors December 28, Jodie L. Kimball, License No ; BPN year Probation per medication errors December 28, 2004

5 MINUTES-BOARD MEETING-FEBRUARY 17, 2005 PAGE Melisa M. Skeens, License No ; BPN05-86 Reprimand per practice issue January 12, Tessa L. Quinn, License No ; BPN05-82 Reprimand per misdemeanor conviction January 12, Rita L. Daniel, License No ; BPN05-90 Monetary Penalty and CE per failed audit January 19, Lisa B. Beck, License No ; BPN05-59 Monetary Penalty per worked on lapsed license January 19, Jennie M. Jones, License No ; BPN05-97 Monetary Penalty $700 per worked on lapsed license January 21, Elizabeth S. Greene, License No ; BPN Reprimand per practice error January 25, Ronna L. Bennett, License No ; BPN05-95 Reprimand per practice error January 28, Helen Renee Miller, License No ; BPN05-55 Reprimand per practice error January 31, Barbara King, License No ; BPN05-87 Probation 1 yr. per falsification of CE January 31, Dawn King, License No ; BPN05-84 Suspended 30 days; Probation 1 yr. per false CE January 31, 2005

6 MINUTES-BOARD MEETING-FEBRUARY 17, 2005 PAGE Barbara A. Ney, License No ; BPN Probation 1 yr. per practice issue February 8, Sabrina L. Fowler, License No ; BPN Probation 1 yr. per medication issues February 8, 2005 Reinstatements: 39. Cemonet Williams, License No ; BPN From 2 years Probation to Full Status November 15, Christina L. Rosenblum, License No ; BPN99-01 From 1 year Probation to Full Status November 19, Tiffany M. Jacobs, License No ; BPN04-34 From 1 yr. Probation to Full Status December 14, Jeffrey K. Edwards, License No ; BPN00-32 From 1 year Probation to Full Status December 17, Amy N. Neff, License No ; BPN03-81 From 1 year Probation to Full Status January 18, 2005 No Action: 44. BPN05-67 Alleged neglect; no action per no evidence November 5, BPN05-24 Incorrect information on application; no action November 29, 2004

7 MINUTES-BOARD MEETING-FEBRUARY 17, 2005 PAGE BPN05-91 Alleged drug abuse; No action per no evidence December 10, BPN04-74 Alleged patient abuse December 17, BPN04-75 Alleged patient abuse December 17, BPN05-79 Alleged patient abuse; no action per no evidence December 27, BPN05-81 Alleged professional misconduct; no action January 5, BPN05-42 Alleged professional misconduct; no action per no evidence January 19, BPN05-54 Alleged practice error; no action per no evidence January 19, BPN05-98 Alleged verbal abuse; no action per no evidence January 19, BPN05-60 Alleged practice error; no action January 25, A EXPENDITURES Executive Director reported that expenditures for the first half of FY 2005 were FIRST HALF $181, Balance at the end of the first half was $181, The account FY2005 balance December 31, 2004 was $555, Total appropriations for FY 2005 are $

8 MINUTES-BOARD MEETING-FEBRUARY 17, 2005 PAGE 8 6B REPORT OF PURCHASE CARD EXPENDITURES Executive Director reported that as of November 1, 2001, the Auditor s Office requires that a report of all purchasing card expenditures be provided to board members at regular scheduled meetings. The information was provided to the Board members. 7 NCLEX PN RESULTS Executive Director reported that the passing average for WV for the quarter ending September 20, 2004 is 92.89%. The national passing average for that quarter is 91.23%.The passing rate for West Virginia candidates for the quarter ending December 31, 2004 is 95.62%. The national passing average for the quarter ending December 31, 2004 is 86.46%. The total passing average for the entire 2004 year is 92.44%. The national average for 2004 year was 89.36%. 8 NEW LPN Executive Director reported that The Fayette Plateau Technology Center in Oak Hill, PROGRAM WV was granted temporary approval to plan for an LPN program in February REQUEST The program has named a Coordinator who has developed the complete program materials. Board Members were provided with the materials for review. The community remains supportive of the program, and interest has been high from potential students. A motion was made by Duane Napier that the program be granted Tentative State Accreditation, which would permit the program to begin operation. In accordance with the Board s Legislative Rules, Series 1, the program would be visited by Board Staff approximately six (6) months after beginning operation, and would be reviewed by the Board for consideration of Full State Accreditation following completion of the first class. Motion was seconded by Vickie Bennett. Motion carried. 9 SCHOOLS OF PRACTICAL NURSING 9A PUTNAM CO CAREER & TECHNOLOGY CENTER 9B NEW RIVER COMMUNITY & TECHNICAL COLLEGE Executive Director reported that the Putnam County Career & Technology Center began their first class in the Fall of Lanette Anderson, Tammy Crookshanks. and Becky Davis from the State Department of Education visited this program on February 7, Board Members were provided a verbal report of this program. Executive Director reported that this program began its second class in September The NCLEX passing rate for the first class which graduated last summer was 83.33%. Two of the three individuals who originally failed the exam have retested and passed; the third has not yet retested.

9 MINUTES-BOARD MEETING-FEBRUARY 17, 2005 PAGE 9 9C LOGAN-MINGO SCHOOL OF PRACTICAL NURSING Executive Director reported that this program experienced an unusually high failure rate on the NCLEX-PN exam from its 2003 graduating class. A new Coordinator has since been hired after the previous Coordinator took a position with another LPN program. Information provided by the Coordinator was provided to Board Members for their review. The NCLEX pass rate for the 2004 class was 94.12%. 9D RANDOLPH Lanette Anderson and Becky Davis visited this program on January 4, After COUNTY discussions of the findings resulting from this visit, a motion was made by Vickie SCHOOL OF Bennett that the Randolph County School of Practical Nursing be reinstated from PRACTICAL Provisional to Full State Accreditation for a period of three years, ending February 28, NURSING Motion was seconded by Joan Smith. Motion carried. 10 NCSBN 10A COMMITMENT Lanette Anderson serves as a member of the CORE Advisory Panel, and attended TO ONGOING meetings at National Council offices in Chicago on December 14 & 15, 2004 REGULATORY Another meeting is scheduled for late February. Data from Board and stakeholders EXCELLENCE will be done again in the Summer of (CORE) 10B NURSYS Executive Director reported that as of this date, Thirty (30) Boards of Nursing participate in this project with several more in the process of beginning participation. NURSYS is designed to create an unduplicated data base of all licensed nurses in the US and territories. NURSYS provides a method of verification of licensure for individuals who are endorsing a license from one state to another. Rather than go through the State Board of Nursing, the individual submits a form and fee for NURSYS verification to National Council. NURSYS is also a resource used by Boards to determine whether the individual has had disciplinary action taken against his/her license. The IT Director of the National Council and our computer programmer spent the day on January 6, 2005, reviewing our data and making final preparations for us to submit our data to NURSYS. It is anticipated that the LPN Board will begin supplying licensure data to NURSYS in coming weeks. 10C PN FOCUS GROUP Executive Director provided a detailed report to the Board members of the work of this group to date. Any other additional information will be provided to members as it becomes available.

10 MINUTES-BOARD MEETING-FEBRUARY 17, 2005 PAGE 10 10D CHANGE IN NCLEX-PN PASSING STANDARD Executive Director reported that notification has been received from NCSBN that the passing standard for the PN exam will be increased effective April 1, This increase is the result of information received from various sources including information discussed in the PN Focus Group meeting. 10E REGULATORY Lanette Anderson presented a free CE offering on November 19, 2004 which EXCELLENCE addressed issues surrounding reporting a nurse to the Board. An additional FELLOWSHIP presentation will be provided at a meeting of long term care nursing administrators PROJECT in April D NCSBN The mid-year meeting of NCSBN will be held in Chicago from March 21-23,2005. MID-YEAR The cost of the meeting will be approximately $ per person. A motion was MEETING made by Joan Smith that the Board authorize Lanette Anderson and Jean Yates to attend the Mid-Year Meeting of the National Council of State Boards of Nursing in Chicago from March 21-23, Motion was seconded by Duane Napier. Motion carried. 11 REPORT OF STATUS OF ONLINE RENEWALS 12 WV CENTER FOR NURSING UPDATE Executive Director reported that the Board staff has been working with the Treasurer s Office concerning online renewal since the October meeting. The renewal form is complete and ready for online access during the first week of March when renewal notification is mailed to licensees. Executive Director reported that notification was received in December that all Board appointments to the Center will be made during the new Manchin administration and hopefully will be confirmed during the 2005 Legislative session. Any other updates received prior to the meeting will be provided to members. 13 REPORT OF Executive Director reported that the task force established at the Joint RN/LPN REVISIONS Board meeting has met on three occasions to date. The task force met on January 27, TO SCOPE & 2005 with representatives of various nursing and health care organizations so their DELEGATION input could be obtained. An additional meeting was held February 10, 2005 to review DOCUMENT this input. Additional revisions to the Delegation Model have been made. It is ( PURPLE anticipated that both the RN and LPN Boards will review the revised document at BOOK ) the Joint RN/LPN Board meeting in June REVIEW OF DISCIPLINARY GUIDELINES Members of the Disciplinary Review Committee have reviewed suggested changes to these guidelines. A motion was make by Joseph Kessel that the Board approve the revised Disciplinary Guidelines as presented. Motion was seconded by Duane Napier. Motion carried.

11 MINUTES-BOARD MEETING-FEBRUARY 17, 2005 PAGE REPORT OF STATUS OF REVIEW FOR REVISIONS TO LEGISLATIVE RULES 10 C.S.R.2 - Licensure - Our rules have never addressed graduates of foreign nursing programs, and like other Boards, we are seeing an increase in calls and applications from individuals educated in countries outside the U.S. Suggested language reflects what is in place in some other states, and also reflects some ideas from a recent National Council document. An additional change would require direct qualified supervision for new graduates working with temporary permits, similar to what is in place for licensees on limited licenses and new RN graduates. Other minor changes to the grounds for disciplinary action are also suggested. Series 3 - Legal Standards of Practice - No suggestions for change. Series 5 - Open Meetings and Bylaws - Editorial changes. Series 6 - Continuing Competence - No suggestions for change. A motion was made by Joan Smith that the Board proceed through the Rule-Making process with the proposed changes. Motion was seconded by Vickie Bennett. Motion carried. 16 REPORT OF STATUS OF REVISIONS TO LEGISLATIVE RULES 10 C.S.R.4 17 OTHER LEGISLATIVE UPDATES 18 IT STRATEGIC PLAN 19 RESULTS OF SURVEY OF UTILIZATION Executive Director is waiting for notification of when these Rules will be on the various legislative committee agendas, and will attend committee meetings to respond to any questions from legislators regarding the $10 fee increase to fund the Center for Nursing. It is anticipated that these Rules will pass during the 2005 session. Additional legislative issues of interest and/or concern introduced to date were provided to the membership. These included bills providing for jury trials in contested cases, permitting unlicensed persons to administer medications in nursing homes, and requiring that annual reports to the Governor from boards be submitted on CD Rom. The Legislative session began this year on February 9, Members were provided a copy of the plan that was forwarded to the Governor s Office of Technology. Executive Director reported that the survey went to nursing employers in WV during the Fall months. It was last completed in Data from the past several years of data collection is included for comparison purposes, and some additional questions

12 MINUTES-BOARD MEETING-FEBRUARY 17, 2005 PAGE 12 OF NURSING were asked which more specifically asked what the LPNs in the facilities were doing PERSONNEL BY on their jobs. The return rate on the survey this year was 41.73%, with 357 sent and EMPLOYERS 149 returned. 20 ASSOCIATION OF LICENSING BOARDS Executive Director reported that this group will meet at 101 Dee Drive on Friday, March 11, The Association website is up and running and we are pleased with the response that we have received from Boards and from the public who have accessed the site and called with questions about Boards. The proposed agenda has been mailed to members. 21 PROPOSED (Previously established dates for 2005): FUTURE June 15, Wednesday - Regular Meeting 9:30 a.m. MEETING Joint RN and LPN Board Meeting 1:00 p.m. DATES October 13, Thursday - Regular Meeting 10:00 a.m. Proposed meeting dates for 2006: February 16, Thursday - Regular Meeting 10:00 a.m. June 14, Wednesday - Regular Meeting 10:00 a.m. Joint RN and LPN Board Meeting 1:00 p.m. October 19, Thursday - Regular Meeting 10:00 a.m. A motion was made by Catherine Vance that the proposed Board meeting dates for 2006 be approved as presented. Motion was seconded by Joseph Kessel Motion carried. 22 ELECTION OF OFFICERS Jean Yates - Chairperson Gregory Chiartas - Vice-Chairperson Suzannah Higgins - Secretary A motion was made by Joan Smith that the Board re-elect the above officers. Motion was seconded by Vickie Bennett. Motion carried. Jean Yates - Disciplinary Review Committee Gregory Chiartas - Disciplinary Review Committee Vickie Bennett - Disciplinary Review Committee A motion was made by Joan Smith that the Board re-elect the above committee members. Motion was seconded by Duane Napier. Motion carried.

13 MINUTES-BOARD MEETING-FEBRUARY 17, 2005 PAGE MISCELLANEOUS 23A TRAVEL The mileage for Board Member travel changed from $.37.5 to $.40.5 per mile REGULATIONS effective January 1, B OFFICE HOURS The office hours for the Board have returned to what they were historically, 8-4 rather than 8-5. Many services are available on the Board s website when the office is not open, and the telephone system allows for voice mail service. 23C NATIONAL COUNCIL BOARD OF DIRECTORS RECRUITMENT 23D REQUEST TO TAKE LICENSURE EXAM Executive Director reported that Board of Director positions will be chosen at the Annual Meeting in August. Information received from National Council was provided to members of the Board. Any interested member may apply. Executive Director reported that an individual is requesting to repeat the licensure exam for LPN. This individual graduated in 1997 from a WV program, failed the exam once at that time, and has not retested. A motion was made by Joan Smith that the Board approve the eligibility of this individual to test only after she has completed a course of study and/or testing in an accredited LPN program designed to test her knowledge, skills, and ability to perform at a beginning graduate LPN level. Motion was seconded by Duane Napier. Motion carried. 23E LPN STUDENTS Executive Director reported that the Board has had inquiries from two schools ON METHADONE regarding students who are methadone maintenance for treatment of substance abuse. MAINTENANCE Students are asked to provide the school with information regarding their prior history, length of time they have been on methadone, and obtain information from their treating physician which states they are capable of functioning as an LPN student. After discussion with members, it was determined that some research and a policy needs to be implemented. A report will be given on this matter at the June Board meeting. 24 ADJOURNMENT Gregory Chiartas, Vice-Chairperson, adjourned the meeting at 11:25 a.m. APPROVED BY: Jean H. Yates, Chairperson Date

14 MINUTES-BOARD MEETING-FEBRUARY 17, 2005 PAGE 14 PREPARED BY: Elsie S. Patterson, Adm. Aide Date