MINUTES REGULAR MEETING. November 4, 2013

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1 BOARD OF EXAMINERS OF NURSING CARE INSTITUTION ADMINISTRATORS AND ASSISTED LIVING FACILITY MANAGERS 1400 West Washington, Suite B-8, Phoenix, Arizona Janice K. Brewer (602) phone (602) fax Allen Imig Governor Executive Director Board Members Ken Kidder, President Fred Randolph, Vice President Melanie Seamans, Member Geolene Kaml, Member Lisa Krohn, Member Deborah Buie, Member David Hasseltine, Member Doyle Boatwright, Member Web Site: MINUTES REGULAR MEETING November 4, 2013 I. CALL TO ORDER President Kidder called the meeting to order at 9:10 a.m. II. ROLL CALL Present: Absent: Attendance: Ken Kidder, Doyle Boatwright, Fred Randolph, Melanie Seamans, Geolene Kaml, Lisa Krohn, Deborah Buie, David Hasseltine None Allen Imig, ED, Phil Smyth, Investigator, Peggy Wilkinson, Licensing Coordinator, Elizabeth Campbell, AAG, Christopher Munns, Solicitor General was available by telephone. III. CALL TO THE PUBLIC No one wished to speak. IV. APPROVAL OF MINUTES 1. October 7, 2013 Regular Board Meeting Minutes Member Randolph made a motion that was seconded by Member Boatwright to approve the October 7, 2013 regular meeting minutes as amended. The motion passed 8 0.

2 November 4, 2013 NCIA Board Meeting Minutes Page 2 of 9 V. CONSENT AGREEMENT / PROBATION TERMINATION A. Consent agenda to terminate probation as the terms were met: Tejada, Benjamin Manager 01/14/ Chu, Winsome H. Manager 05/31/ Ardelean, Lucia Manager 05/30/ Chun, Thomas Manager 06/03/13 Member Kidder made a motion that was seconded by Member Randolph to terminate the probation of those managers listed under agenda item 2 through 5 as the conditions were met. The motion passed 8 0. VI. COMPLAINT CASE A. Board review, Consideration and Action Complaint to be revisited Lawrence, Mark W. Manager 01/11/13 Elizabeth Campbell, AAG presented the Board with a Request for Consideration to rehear the case outside of a formal hearing. Member Boatwright made a motion that was seconded by Member Randolph to rescind the vote to formal hearing and proceed with the reconsideration. The motion passed 8 0. Mr. Lawrence was present and testified regarding the complaint. The resident was at their facility for about a year. During the time the daughter and son were both POA s. From January to June or July his dealings were with the daughter. After that Mr. Lawrence made sure both were notified on everything. There was discussion regarding the schedule change for staff to accommodate the resident as requested. Also discussed was the issue of transfer, and assist. Scott Anderson was present and addressed the Board regarding his complaint. After the Board heard from Mr. Lawrence and Mr. Anderson, Member Hasseltine made a motion that was seconded by Member Buie to dismiss complaint against Mr. Lawrence for insufficient evidence of a violation. The motion passed 8 0. B. Board Individual Review, Consideration and Action regarding new complaints: 7. Complaint # Montion, Maria Administrator Open Date: 08/01/13 Member Seamans recused. Member Kaml and Randolph advised they knew Ms. Montion but it would not bias their decision. Investigator Smyth summarized the complaint for the Board. Board staff received a letter of complaint from Marianne Mitchell the sister of a former resident at Mountain View Care Center, located at 1313 W. Magee Rd., Tucson. Ms. Mitchell alleged: Resident was dumped at U of A Medical Center South Campus Resident was not in need of emergency hospital care Sufficient time not given to relocate resident Medications not sent to the hospital

3 November 4, 2013 NCIA Board Meeting Minutes Page 3 of 9 Ms. Montion was present and answered the Board s questions regarding the complaint. The son was the POA and was aware of and agreed to the resident transfer. The complainant Ms. Mitchell was not present. Following the Board discussion with Ms. Montion, Member Kidder made a motion that was seconded by Member Randolph to dismiss complaint against Maria Montion, for insufficient evidence of a violation. The motion passed Complaint # Oaida, Mariana Manager Open Date: 09/16/13 Investigator Smyth summarized the complaint for the Board. Board staff received a letter of complaint from Peggy Harvey the mother of a former resident at Graceful Living Adult Care Home, located at N. 23 rd Dr., Phoenix. Ms. Harvey alleged: Failure to provide a refund Failure to respond to discuss refund Ms. Mariana was present and answered the Board s questions regarding the complaint. Ms. Harvey took the resident to a medical appointment and never returned the resident to the facility. No notice was given. Ms. Harvey was present and answered the Board s questions. She admitted that she did not notify the facility she was not going to return the resident and did not give the required notice. John Elder, a caregiver to the resident was present with Ms. Harvey. The resident did not go to another facility because she needed a higher level of care, which would have met the refund requirement of the residency agreement. After the Board heard from both parties, Member Boatwright made a motion that was seconded by Member Buie to dismiss complaint against Mariana Oaida, for insufficient evidence of a violation. The motion passed Complaint # Zoss, Michele Manager Open Date: 09/17/13 Investigator Smyth summarized the complaint for the Board. Board staff received a letter of complaint from Gabriela Arroyo a friend of a resident at Sun Health Grandview Care Center, located at W. Granite Valley Dr. Sun City West. Ms. Arroyo alleged: Ms. Zoss prohibited Ms. Arroyo from visiting and telephoning the resident Ms. Zoss did not return calls to Ms. Arroyo Ms. Zoss was present and answered the Board s questions. Ms. Zoss was not the manager of record of the facility. However, Ms. Zoss is a certified manager. Ms. Zoss advised she is a private consultant for geriatric services of the resident. Ms. Arroyo was present and addressed the Board regarding the complaint. Following the Board discussion with the parties, Member Hasseltine made a motion that was seconded by Member Buie to dismiss complaint against Michele Zoss, for insufficient evidence of a violation. The motion passed 8 0.

4 November 4, 2013 NCIA Board Meeting Minutes Page 4 of Complaint # Blair, Linda Manager Open Date: 08/16/13 Investigator Smyth summarized the complaint for the Board. DHS conducted a compliance inspection at Arcadia Assisted Care Villa, located at 4132 E. Camelback Rd., Phoenix and identified 12 deficiencies in 8 different areas. Some of the deficiencies included: Fingerprint clearance card requirement not met Caregiver training requirement not met Personnel schedule requirement not met Service plan requirement not met Medication record requirements not met Ms. Blair was present along with her son, Brook Blair and answered the Board s questions. Member Boatwright made a motion that was seconded by Member Kidder that based upon the information contained in the investigation report, the Board finds sufficient evidence of a violation of ARS (B)(3) as defined by ARS (9)(a) for unprofessional conduct and AAC R (A), in complaint number involving manager Linda Blair and to offer a consent agreement to be signed within 30 days or the matter will proceed to formal hearing. The terms shall include the following: 1. $ civil money penalty payable within 3 months 2. Probation for 6 months that includes: a) $ reimbursement of investigative costs in 3 months b) 3 hours of Board approved continuing education in personnel requirements c) Provide updated policies related to the fingerprint requirement d) All continuing education classes must be pre-approved by the Board s Executive Director e) Any costs of the probation are those of the certificate holder f) Manager must request in writing termination of probation A roll call vote passed Complaint # Raica, Margie Manager Open Date: 08/20/13 Investigator Smyth summarized the complaint for the Board. Licensing staff reported to investigations that Ms. Raica misrepresented herself as an applicant, Rodica Amarandei. Ms. Raica was present and answered the Board s questions regarding the complaint. Ms. Raica admitted she represented an applicant. Her excuse was that the applicant could not communicate very well. Member Kidder made a motion that was seconded by Member Randolph that based upon the information contained in the investigation report, the Board finds sufficient evidence of a violation of ARS (B)(3) as defined by ARS (9)(a) for unprofessional conduct and AAC R (B)(1)(8)(9)(10), in complaint number involving manager Margie Raica and to offer a consent agreement to be signed within 30 days or the matter will proceed to formal hearing. The terms shall include the following: 1. Suspension of certificate but stay the suspension as long as terms of the consent agreement are met. 2. Probation for 6 months that includes: a) Reimbursement of investigative costs in the amount of $ payable within 6 months b) Take the 40 hour manager training course with prior approval of the Executive Director

5 November 4, 2013 NCIA Board Meeting Minutes Page 5 of 9 c) Pass the manager state examination d) Any costs of the probation are those of the certificate holder e) Manager must request in writing termination of probation A roll call vote passed Complaint # Duah, Josephine Manager Open Date: 08/27/13 Investigator Smyth summarized the complaint for the Board. DHS conducted a compliance inspection at Beautiful Beginnings Assisted Living Home, located at 2819 S. 73 rd Dr., Phoenix and identified six deficiencies in four different areas. Some of the deficiencies included: Fingerprint clearance card requirement not met Employee first aid training requirement not met Service plan not signed and dated as required Medication requirement not met Ms. Duah was present and answered the Board s questions regarding the DHS survey deficiencies. After the Board heard from Ms. Duah, Member Buie made a motion that was seconded by Member Boatwright that based upon the information contained in the investigation report, the Board finds sufficient evidence of a violation of ARS (B)(3) as defined by ARS (9)(a) for unprofessional conduct and AAC R (B)(1), in complaint number involving manager Josephine Duah and to offer a consent agreement to be signed within 30 days or the matter will proceed to formal hearing. The terms shall include the following: 1. Probation for 3 months that includes: a) 3 hours of Board approved continuing education in personnel requirements b) All continuing education classes must be pre-approved by the Board s Executive Director c) Any costs of the probation are those of the certificate holder d) Manager must request in writing termination of probation A roll call vote passed Complaint # Bailey, Robert Manager Open Date: 08/29/13 Investigator Smyth summarized the complaint for the Board. DHS conducted a three complaint investigations at Amethyst assisted living, located at N. 91 st Ave., Peoria and identified three deficiencies in three different areas. Some of the deficiencies included: Resident s primary care provider not immediately notified of an incident Facility retained a resident requiring services they could not provide Mr. Bailey was present and answered the Board s questions. He was hired by Senior Lifestyle Corporation to oversee the Amethyst facility. He was aware to the DHS problems the facility had and the revolving door of managers, but though he would be able to turn the facility around. He was not the manger of record initially. Mr. Bailey implemented the changes he could but corporate management was limiting. Mr. Bailey quit after about six months. Member Kidder made a motion that was seconded by Member Randolph to dismiss complaint against Robert Bailey, for insufficient evidence of a violation. The motion passed 8 0.

6 November 4, 2013 NCIA Board Meeting Minutes Page 6 of Complaint # Fernandez, Theresa Manager Open Date: 08/29/13 Investigator Smyth summarized the complaint for the Board. DHS conducted a complaint investigation at Casa Theresita II, located at 4540 W. Camino De Cielo, Tucson and identified two deficiencies. The deficiencies included: Residents not receiving medications as ordered Facility not free of hazards Ms. Fernandez was present and answered the Board s questions. Ms. Fernandez explained the circumstances between the hospice and Care More, and the pharmacy s they each used for medication ordering. Ms. Fernandez has implemented changes including an RN reviewing the medication records. Member Boatwright made a motion that was seconded by Member Buie that there was insufficient evidence of a violation in complaint against Ms. Fernandez, but issue a letter of concern. The concern was inadequate supervision of controlled substances. The motion passed Complaint # Marchis, Gabriela Manager Open Date: 09/20/13 Investigator Smyth summarized the complaint for the Board. DHS conducted a complaint investigation at Arabian Views Assisted Living One, located at 5501 E. Woodbridge Dr., Scottsdale and identified eight deficiencies in six different areas. Some of the deficiencies included: Insufficient personnel Manager gone from the facility for longer than 30 days. Service plan requirement not met Failure to document any change in resident physical condition Ms. Marchis was present and answered the Board s questions. Ms. Marchis admitted she was not at the facility longer than 30 days. Ms. Marchis also advised the caregiver-designee was a live-in employee who does not drive, has no friends or family to visit and works continuously. She takes all her days off at one time for three months every year to go to Romania. Member Buie made a motion that was seconded by Member Randolph that based upon the information contained in the investigation report, the Board finds sufficient evidence of a violation of ARS (B)(3) as defined by ARS (9)(a) for unprofessional conduct and AAC R (A), in complaint number involving manager Gabriela Marchis and to offer a consent agreement to be signed within 10 days or the matter will proceed to formal hearing. The terms shall include the following: 1. Suspension of certificate but stay the suspension as long as terms of the consent agreement are met. 2. $ civil money penalty payable within 6 months 3. Probation for 6 months that includes: a) Reimbursement of investigative costs in the amount of $ payable within 6 months b) Take the 40 hour manager training course that is approved by the Board c) Pass the manager state examination d) Any costs of the probation are those of the certificate holder e) Manager must request in writing termination of probation Board staff was instructed to refer the wage issue to the proper authorities. A roll call vote passed 8 0.

7 November 4, 2013 NCIA Board Meeting Minutes Page 7 of Complaint # Alvarez, Mary Manager Open Date: 09/27/13 Investigator Smyth summarized the complaint for the Board. DHS conducted a compliance inspection at Grovers Terrace, located at 7230 W. Grovers Ave., Glendale and identified four deficiencies in four different areas. Some of the deficiencies included: Manager designee requirement not met Personnel schedule requirement not met Service plan requirement not met Resident requirements not met Ms. Alvarez was present and answered the Board s questions regarding the deficiencies. After the Board heard from Ms. Alvarez, Member Boatwright made a motion that was seconded by Member Randolph to find insufficient evidence of a violation in complaint against Mary Alvarez and issue a letter of concern. The concern was for failing to maintain medical records of a resident at the facility and failing to meet the manager designee requirement when the manager is not present. The motion passed 8 0. VII. ADMINISTRATOR LICENSURE AND MANAGER CERTIFICATION A. Consent Agenda to approve temporary administrator licenses, permanent administrator licenses, temporary manager certificates, permanent manager certificates, pending passing all required examinations within the substantive time frame or the license or certificate will be denied. 17. Temporary Administrator Licenses Samuelian, Spencer Permanent Administrator Licenses Samuelian, Spencer Taugape, Tomeletso Temporary Manager Certificates Alexander, Robin Climov, Efimia Velde, Kellie Permanent Manager Certificates Alexander, Robin Stanciu, Petruta Velde, Kellie Stevens, Clara Anderson, Kelly Camillo, Bienvenido Gosalia, Bhakti Haubrock, Alex Alexy, Colleen Britian, Robert Petrakis, Michael Garrison, Barbara Boughter, Jacqueline Acutin, Baby Jane Hobson, Kim Statezny, Rebekah Cook, Alison Climov, Efimia Ashley, Carlena Charlestin, Nadia Member Hasseltine made a motion that was seconded by Member Seamans to approve the temporary and permanent administrator licenses, the temporary and permanent manager certificates, pending passing all required examinations within the substantive time frame or the license or certificate will be denied. The motion passed 8 0. B. Individual Board Review, Consideration and Action on Applicants Temporary and or Permanent Administrator License or Manager Certificate. If approved, pending passing all required examinations within the substantive time frame or the license or certificate will be denied.

8 November 4, 2013 NCIA Board Meeting Minutes Page 8 of Simmons, May Joyal Permanent Administrator license Licensing Coordinator Wilkinson outlined for the Board the criminal issue related to the applicant. Applicant May Joyal Simmons was present and answered the Board s questions. Member Randolph made a motion that was seconded by member Buie to approve the permanent administrator license pending passing all required examinations within the substantive time frame or the license will be denied. The motion passed 8 0. VIII. ASSISTED LIVING FACILITY TRAINING PROGRAMS A. 19. Consent Agenda to Approve Assisted Living Facility Caregiver Training Program Cactus Wren Training Program Foundation for Senior Living Arizona Medical Training Institute Member Kidder made a motion that was seconded by member Randolph to approve the caregiver training programs. The motion passed 8 0. B. 20. Consent Agenda to Approve Assisted Living Facility Manager Training Program Arizona Medical Training Institute Member Hasseltine made a motion that was seconded by member Boatwright to approve the manager training program.. The motion passed 8 0. IX. ADMINISTRATIVE MATTERS The following items concern administrative matters and are provided for informational purposes only. They are not regulatory or policy matters and they do not require Board action. 21. Financial Reports Executive Director Imig discussed the financial report with the Board. Revenue is about 9 percent above projections for the fiscal year so far. Expenses are as expected and under the appropriation amount. 22. Complaints Status Report Investigator Smyth reported on complaints. So far this fiscal year, 34 complaints were opened, of which 16 are resolved, with no pending cases from fiscal year There are currently 22 active consent agreements. 23. Licensing Report Licensing Coordinator Wilkinson reported on licensing. For October, there were three permanent and one temporary administrator applications submitted. There were 18 permanent and 1 temporary manger applications submitted. 24. Legislation Update There was none to report.

9 November 4, 2013 NCIA Board Meeting Minutes Page 9 of Rules Update There are no dockets open at this time. However, some of our rules will need to be updated due to the DHS rule changes and the old rule references. 26. Board Meeting Critique The Board briefly critiqued the meeting. 27. Board Member Questions on AAG Training Memo There were no questions regarding the AAG training memo other then it was relevant and well done. 28. Updating State Exam Executive Director asked the Board for volunteers to assist in writing updated questions for the exam based on the new DHS rules. Members Buie, Kaml, Krohn, and Seamans said they would help. X. FUTURE AGENDA ITEMS None were mentioned. XI. ADJOURNMENT Member Boatwright made a motion that was seconded by Member Buie to adjourn the meeting. The motion passed 8 0. The meeting was adjourned at 1:40 p.m. The next regular meeting of the Board will be held on Monday, December 9, 2013 at 1400 W. Washington, Conference Room B-1, Phoenix, Arizona, at 9:00 a.m.