WEST VIRGINIA STATE BOARD OF EXAMINERS FOR LICENSED PRACTICAL NURSES MINUTES BOARD MEETING OCTOBER 18, 2007 9:30 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 Chairperson, Duane Napier at at 10:15 a.m. 2 INTRO Members, guests & staff introduced themselves. Duane Napier, Chairperson, OF MEMBERS, noted that a quorum of members was not established. The Board=s Procedural GUESTS AND Rules, 10 C.S.R. 5, permit the Board to conduct a mail vote providing the issue to be STAFF voted on has been presented in a regular meeting of the Board. It was determined that a mail vote of all members would therefore be conducted on all items requiring a decision of the Board. Members Present: Duane Napier Gregory Chiartas Joan Smith Vickie Bennett Members Absent: Mark Stephens Suzannah Higgins Jean Yates Catherine Vance Staff Present: Lanette Anderson Michelle Winters Elsie Patterson Guests Present: Ashley Wilfong Andrea Adamson Jacklynn Pudder Edna Croston Marlene McCauley Lisha Skinner Melissa Collett Cynthia Mayle Iva Pingley
MINUTES-BOARD MEETING-OCTOBER 18, 2007 PAGE 2 Jessica Miner Amanda Croston Tracy Felton Krista Currence Misty Lanham Karah Kittle Ginny Williams Alison Gerwig Vince Wanless Mary Beth Fox Jennifer George Angie Young Beth Butcher Heather Anderson John Stanley Barbara McKown Lindsey Hardway Glenna Hoskins Debbie Stahl Ashley Tresize Ashley Leary Galenda Johnson Frances Bevins Francine Kirby Brad Wiant Kirsten Jarvis Sarah Lucion Jennifer Stacy Amanda Cline Leanna Mitchen Stephanie Bailey Debbie Robinson Virginia Basham Rita Harber Robert McClain Jessica Reeser Carla Tallman Katie Hupp Kyersten Garnett Tina Roberts Deanna Rhodes Anita Burris Jean McCumbers Sydelle Curtis Michelle Ellis Daniel Norman Vickie Langford Stephanie Alfred Lacee Sampson Michelle Watson Stephanie Folbert Mary Berry Jessica Carney Melinda Kennedy Michael Underwood Marsha Henderson Latasha Roberts Paul Jonithan Jamie Barnhouse Kristin Carte Brittney Ballengee Kimberly Fletcher Lucy Williams Sonya Ferris Susie Elder Betty Burress Robert Porter Nicole Edwards Krista Hanshaw Tiffany Brooks Julie Allen Erica Jamison Sandra Thompson Orpha Swiger Walter Swiger Pat Woodburn Rhonda Reed Melissa Perry Carla Ramey John Morehead Joyce Egnor Debbie Stewart Melissa Mosser Brittany Parrish Dianna Hayhurst Robyn Roy Susan Carroll 3 PROPOSED Motion was made by Gregory Chiartas that the Proposed Agenda be approved. Motion AGENDA was seconded by Vickie Bennett. Approved by mail vote October 29, 2007. 4 MINUTES OF PREVIOUS Motion was made by Joan Smith to accept minutes from the previous meeting, held June 13, 2007. Motion was seconded by Vickie Bennett. Approved by mail vote October 29, 2007. 5A DISCIPLINARY Disciplinary cases resolved since June 2007: Consent Agreements: 1. Rebecca Buckland, License No. 25790; BPN07-142 $240 Monetary Penalty for audit failure June 13, 2007
MINUTES-BOARD MEETING-OCTOBER 18, 2007 PAGE 3 2. Nancy Keefer, License No. 24435; BPN07-141 $520 Monetary Penalty for audit failure June 13, 2007 3. Rhonda S. Quinn, License No. 24427; BPN07-98 $260 Monetary Penalty for audit failure June 13, 2007 4. Kimberly R. Ayers, License No. 18057; BPN07-149 Reprimand for previous conviction June 13, 2007 5. Allison J. Raper, License No. 24194; BPN07-31 $200 Monetary Penalty for working on lapsed license June 13, 2007 6. Ashley N. Smith, License No. 26538; BPN07-159 $140 Monetary Penalty per audit failure June 25, 2007 7. Drema G. Cales, License No. 18099; BPN07-158 $1,200 Monetary Penalty, worked on lapsed license July 6, 2007 8. Jewell M. Gwinn, License No. 24114; BPN07-162 $180 Monetary Penalty per audit failure July 6, 2007 9. Joan Fletcher, License No. 18171; BPN06-97 Reprimand per practice error July 9, 2007 10. Brandon L. Busbey, License No. 26885; BPN07-155 Reprimand per previous conviction 11. Stephanie A. Sherod, License No. 25466;BPN07-168 $580 Monetary Penalty per audit failure 12. Kaitlin A. Blackburn, License No.19538; BPN07-61 $300 Monetary Penalty per working on lapsed license 13. Linda E. Riley, License No.26348; BPN07-102 1 year probation per practice errors
MINUTES-BOARD MEETING-OCTOBER 18, 2007 PAGE 4 14. Nancy E. Warren, License No.10914; BPN07-146 $1200 Monetary Penalty for working on lapsed license 15. Goldie J. Evans, License No. 16329; BPN07-154 Reprimand per prior convictions 16. Cynthia D. Eldridge, License No. 25860; BPN07-167 $260 Monetary Penalty for audit failure 17. Tracy L. Botkin, License No. 26660; BPN07-132 90 days suspension with 2 yrs Probation per medication errors July 17, 2007 18. Bonnie S. Allport, License No. 21809; BPN07-78 July 19, 2007 19. Tammie L. Taylor, License No. 26123; BPN07-170 $560 Monetary Penalty for audit failure July 30, 2007 20. John L. Snider, License No. 26432; BPN07-157 $140 Monetary Penalty per audit failure 21. Karen E. Niemeyer, License No. 25799; BPN07-83 $160 Monetary Penalty per audit failure 22. Janetta N. Tilley, License No. 25581; BPN08-2 23. Julia E. Lyons, License No. 27697; BPN07-51 $800 Monetary Penalty per working on lapsed license 24. Angela S. Hubbard, License No. 21285; BPN08-27 25. Pamela J. Morris, License No. 10841; BPN07-92 6 month suspension with 1 year probation per identity theft
MINUTES-BOARD MEETING-OCTOBER 18, 2007 PAGE 5 26. Kristen M. Cates, License No. 28230; BPN08-06 27. Elizabeth R. Hamilton, License No. 26647; BPN07-165 $340 Monetary Penalty per audit failure 28. Mary B. White, License No. 28399; BPN07-138 1 year probation per positive drug screen August 10, 2007 29. Tyler Keyser, Exam Applicant; BPN08-10 Reprimand per prior conviction August 12, 2007 30. Carol L. Nash, License No. 19453; BPN07-160 3 years probation per identity theft August 14, 2007 31. Julie R. Coon, License No. 27027; BPN08-17 August 14, 2007 32. Cheryl R. Conley, License No. 25667; BPN08-20 $520 Monetary Penalty per audit failure August 15, 2007 33. Susan E. Preston, License No. 16190; BPN08-23 August 15, 2007 34. Jennifer Tanner, License No. 25934; BPN08-04 August 17, 2007 35. Brian A. Woods, License No. 27428; BPN08-03 August 21, 2007 36. Catherine A. Pugh, License No. 26086; BPN07-145 August 21, 2007 37. Tammy S. Smith, License No. 27155; BPN08-25 August 21, 2007
MINUTES-BOARD MEETING-OCTOBER 18, 2007 PAGE 6 38. Kathy M. Clemmons, License No. 12035; BPN07-166 August 21, 2007 39. Angela F. Akers, License No. 23701; BPN08-12 Probation 1 year per drug diversion August 27, 2007 40. Jennifer L. Brewer, License No. 26216; BPN08-05 Probation 1 year per positive drug screen August 27, 2007 41. Mary K. Crawford, License No. 25149; BPN08-09 Reprimand per documentation errors August 27, 2007 42. Rebecca L. Pinion, License No. 26369; BPN07-110 Probation 2 years per drug diversion August 27, 2007 43. Patricia A. Fowler, Exam Applicant; BPN07-150 Reprimand per prior conviction August 27, 2007 44. Beverly A. Milam, License No. 20325; BPN07-64 45. Janet L. Conner, License No. 25108; BPN08-41 $580 per audit failure 46. Tammy L. Davis, License No. 20509; BPN07-164 47. Christopher W. Scarberry, License No. 20076; BPN08-50 Reprimand per prior conviction 48. Jamie L. Ditmore, License No. 26467; BPN07-111 Probation 1 year per positive drug screen 49. Crystal Toothman, License No. 27951; BPN07-105 Reprimand per alleged practice issue
MINUTES BOARD MEETING OCTOBER 18, 2007 PAGE 7 50. Jennifer A. Fincham, License No. 23025; BPN08-49 $300 Monetary Penalty per working on lapsed license September 4, 2007 51. Lisa L. Hall, License No. 19969; BPN08-47 September 14, 2007 52. Teresa D. Hughes, License No. 24193; BPN08-48 $500 Monetary Penalty per working on lapsed license September 14, 2007 53. Jennifer A. Copley, License No. 17669; BPN07-169 1 year Probation per positive drug screen September 14, 2007 54. Rebekah L. Daniels, No. 26291; BPN07-94 1 year Probation per medication errors September 14, 2007 55. Venitta D. McDougle, No. 24084; BPN08-31 Reprimand per documentation errors September 14, 2007 56. Deborah M. Burklow, No. 22324; BPN07-124 Reprimand per documentation errors 57. Danielle D. Young, No. 26564; BPN08-18 $140 Monetary Penalty per audit failure 58. Kristyn R. Gore, License No. 25313; BPN08-26 59. Karen R. Davis, License No. 08271, BPN08-32 1 year Probation per positive drug screen 60. Tasha M. Melott, License No. 28653; BPN08-33 61. Melissa D. Bennett, License No. 28030; BPN08-35
MINUTES BOARD MEETING OCTOBER 18, 2007 PAGE 8 62. Euna R. Adkins, License No. 23097; BPN08-39 $300 Monetary Penalty per working on lapsed license 63. Karen M. Shantz, License No. 23518; BPN08-53 $220 Monetary Penalty per audit failure 64. Sherry L. Varner, License No. 28694; BPN08-43 $700 Monetary Penalty per worked on lapsed license September 20, 2007 65. Ayisha Drummond, License No. 23371; BPN08-14 September 20, 2007 66. Karen J. Cantwell, License No. 23804; BPN08-15 $200 Monetary Penalty per worked on lapsed license September 20, 2007 67. Karen S. Loudermilk, License No. 11572; BPN08-42 $300 Monetary Penalty per worked on lapsed license September 20, 2007 68. Rebecca Simcox, License No. 25790; BPN08-38 September 20, 2007 69. Bryan K. Milum, License No. 26908; BPN08-46 $780 Monetary Penalty per audit failure September 20, 2007 70. Gladys L. Eldridge, License No. 09160; BPN07-121 Reprimand per practice errors September 21, 2007 71. Lisa D. Palmer, License No. 27949; BPN08-30 Probation 1 yr. per positive drug screen September 21, 2007 72. Marcy L. Halterman, License No. 25624; BPN08-40 Reprimand per false documentation October 5, 2007 73. Tammy Eisenbarth, License No. 17846; BPN08-54 $200 Monetary Penalty per worked on lapsed license October 10, 2007
MINUTES BOARD MEETING OCTOBER 18, 2007 PAGE 9 Reinstatements: 74. A. Christine Barbalate, License No. 19529; BPN03-134 From 1 yr. Probation to Full Status June 1, 2007 75. Kami Genus, License No. 26227; BPN05-65 From 1 year Probation to Full Status June 14, 2007 76. Nicole Humphreys, License No.26341; BPN05-108 From 2 years Probation to Full Status 77. Chad Hackney, License No. 24729; BPN06-186 From 1 years Probation to Full Status July 17, 2007 No Action: 78. BPN07-148 Alleged drug diversion June 25, 2007 79. BPN07-87 Alleged abuse July 12, 2007 80. BPN07-153 Alleged drug diversion July 12, 2007 81. BPN07-128 Alleged neglect July 12, 2007 82. BPN06-192 Alleged abuse July 12, 2007 83. BPN07-161 Alleged neglect July 17, 2007 84. BPN07-151 Alleged drug abuse July 17, 2007
MINUTES BOARD MEETING OCTOBER 18, 2007 PAGE 10 85. BPN07-130 Alleged record falsification August 8, 2007 86. BPN07-49 Alleged practice errors August 10, 2007 87. BPN07-42 Alleged patient neglect August 14, 2007 88. BPN07-47 Alleged patient neglect August 14, 2007 89. BPN07-119 Alleged drug diversion August 21, 2007 90. BPN08-09 Alleged patient verbal abuse 91. BPN07-72 Alleged unethical behavior BUDGET 6A FINAL Executive Director reported that expenditures for FY 2007 were $366,764.26. Total EXPENDI- appropriations for FY 2007 were $382,344. Balance at the end of the year was TURES $15,579.74. FY 2007 6B EXPENDI- Executive Director reported that expenditures for the 1 st quarter, FY 2008, are as TURES anticipated at $95,643.64. 1 ST QTR FY 2008 6C APPROPRI- ATIONS REQUEST FY 2009 Members received the FY 2009 Request for Appropriations by mail in mid-august. The mail vote authorized submission of the request of $373,072 to the Department of Administration. A motion was made by Gregory Chiartas that the mail vote authorizing the Appropriations Request of $373,072 for FY 2009 be reaffirmed. Motion was seconded by Joan Smith. Approved by mail vote October 29, 2007.
MINUTES-BOARD MEETING-OCTOBER 18, 2007 PAGE 11 6D PURCHASE CARD EXPENDI- TURES Purchase card expenditures for the months of July, August, and September 2007 were reported to the Board in accordance with requirements of the Auditor=s Office. Staff was available for any inquiries from members of the Board. 7 ANNUAL Members were mailed the Annual Report of the Biennium covering the period July 1, REPORT 2005 to June 30, 2007. No comments or recommendations were made by members. 8 NCLEX-PN Executive Director reported that the passing average for WV is 96.55% for the quarter TESTING ending June 30, 2007, up from 86.42% for the previous period ending March 31, RESULTS 2007. Only 29 candidates tested during that time period; and 1 failed. The national passing average for the quarter ending June 30, 2007, is 86.06% down slightly from 87.03% for the quarter ending March 31, 2007. Results for the quarter ending on September 30, 2007 as listed on the Pearson web site show that WV candidates passed at a rate of 92.08% for that quarter; the national average was 89,68%. 9 SCHOOLS OF PRACTICAL NURSING 9A NEW RIVER A site visit was made by Lanette Anderson and Michelle Winters on September 12, 2007. SCHOOL After discussions of the findings, a motion was made by Gregory Chiartas that the New OF PN River School of Practical Nursing be granted continued Full State Accreditation for a period of three (3) years, ending October 31, 2010. Motion was seconded by Vickie Bennett. Approved by mail vote October 29, 2007. 9B MINERAL A site visit was made by Lanette Anderson and Michelle Winters on September 19, 2007. COUNTY After discussions of the findings, a motion was made by Gregory Chiartas that the SCHOOL PN Mineral County School of Practical Nursing be granted Full State Accreditation f or a OF PN period of three (3) years, ending October 31, 2010. Motion was seconded by Joan Smith. Approved by mail vote October 29, 2007. 9C CABELL CO SCHOOL PN A site visit was made by Lanette Anderson and Becky Davis, from the State Department of Education on September 13, 2007. Some progress on recommendations made in June has occurred. Representatives from the school were available at the Board meeting to address any member questions or concerns. 10 NATIONAL COUNCIL OF STATE BOARDS OF NURSING (NCSBN) 10A
DELEGATE Lanette Anderson and Duane Napier attended the NCSBN Delegate Assembly meeting in MINUTES-BOARD MEETING-OCTOBER 18, 2007 PAGE 12 ASSEMBLY MEETING Chicago, IL August 7-10, 2007. A verbal report was given on the following topics: 1. Adoption of revisions to NCSBN Bylaws; 2. Adoption of new strategic initiatives for the organization; 3. Adoption of the proposed changes to the NCLEX-PN Test Plan; and 4. Adoption of Guiding Principles for Nursing Regulation. 10B FACULTY Executive Director reported that this meeting is designed to explore the regulatory SHORTAGE: implications of the nursing faculty shortage and identify collaborative solutions. This IMPLICATIONS meeting will be held in Chicago, IL on March 26, 2008. A motion was made by FOR Gregory Chiartas that the Board approve the attendance of up to two (2) individuals REGULATION to the Faculty Shortage meeting in Chicago, IL on March 26, 2008. Motion was seconded by Joan Smith. Approved by mail vote October 29, 2007. 10C COMMIT- MENT TO ONGOING REGULATORY EXCELLENCE 10D TERCAP Lanette Anderson gave a verbal report on the status of this project. Members were provided with a copy of the Board s latest data from this project, as well as aggregate data collected by NCSBN. Executive Director reported that the goal of this project is to help to determine areas and causes of practice breakdown in licensed nurses who have been disciplined by boards of nursing. Participation by the board is voluntary and information is electronically transmitted to and compiled by NCSBN. Members were asked to approve the participation by the LPN Board in TERCAP. Approved by mail vote October 29, 2007. 11 REPORT OF MEETINGS ATTENDED: 11A CLEAR ANNUAL MEETING Lanette Anderson and Michelle Winters attended the Annual Meeting of CLEAR. A verbal report of the meeting was provided. Information was provided about the National Association of Drug Diversion Investigators. Membership in this organization is $50.00 per year. A motion was made by Gregory Chiartas that the membership in this organization be approved. Motion was seconded by Vickie Bennett. Approved by mail vote October 29, 2007. 11B NCLEX Michelle Winters and Kim Cremeans attended this meeting in Chicago, IL, September INVITATIONAL 24, 2007. A verbal report of the meeting was provided.
MINUTES-BOARD MEETING-OCTOBER 18, 2007 PAGE 13 11C WV AUDITOR=S Lanette Anderson and Michelle Winters attended this meeting with representatives OFFICE of other licensing boards on September 26, 2007 in Charleston, WV. Elsie Patterson REQUIRED attended the required Purchasing Card Coordinator session on September 27, 2007. TRAINING A verbal report was provided. SEMINAR 11D WV ASSOCIATION LICENSING BOARDS 12 WV CENTER FOR NURSING 13 PURCHASING AUDIT 14 REQUEST FOR STAFF SALARY INCREASES 15 REQUEST BY CHRISTIAN SCIENTISTS FOR CHANGE TO WV CODE 30-7A-1 16 NEW PROGRAM SALEM INTER- NATIONAL UNIVERSITY This meeting was held on September 26, 2007 following the Auditor=s Office Training Seminar. Members were provided with minutes from this meeting and a verbal report was given. Duane Napier, Director for the WV Center of Nursing provided an update of the Center for Nursing. Executive Director reported that a routine audit of purchasing procedures was conducted. Only minor issues were noted and all have been corrected. Executive Director provided to the Board a letter from the Governor=s Office following submission of WV-11's. Members were also provided with a copy of a letter from Duane Napier, Chairperson, to the Governor s staff in response. Members were provided with documentation received regarding this matter since it was discussed at the June 2007 Joint RN/LPN Board meeting. Mr. John Moorhead from the Christian Scientists was present to respond to questions by members. Motion was made by Greg Chiartas to not oppose the language that has already been submitted by that group for revision to WV Code 30-7A-1, and to include language which provides for title protection for licensed practical nurses in WV Code 30-7A-1. Motion was seconded by Vickie Bennett. Approved by mail vote October 29, 2007. Executive Director reported that a meeting was held with representatives of this University in August 2007 at their request. They are contemplating starting both LPN and RN programs. They indicated during the meeting that they may have a need analysis and application for a New Program in time for the February 2008 meeting. 17 PROPOSED Executive Director reported that a suggestion has been made to change these Rules CHANGES TO to reflect a change in title from Chairperson to President, and Vice-Chairperson to 10 C.S.R. 5 Vice-President. A motion was made by Gregory Chiartas that the change be made.
MINUTES-BOARD MEETING-OCTOBER 18, 2007 PAGE 14 PROCEDURAL Motion was seconded by Vickie Bennett. Approved by mail vote October 29, 2007. RULES 18 SURVEY - HIRING AND UTILIZATION OF LPNS Executive Director reported that this survey will be distributed to employers of LPNs this fall. Some revisions have been made to make it easier for employers to complete. This information is shared with the LPN schools in this state. 19 LPN BOARD VS. KATHY LIVELY 20 MISCELLANEOUS As a quorum of members was not present, the Board did not address this case. A conference call will be established as soon as possible for deliberation and decision regarding the practical nursing license of Kathy Lively. 20A NURSING GALA Members were reminded that the gala events begin on October 18, 2007. 20B AMAP REGULATIONS AND LPNS 20C NCSBN BOARD OPERATIONS & LICENSING STAFF CONFERENCE ADJOURN MENT Executive Director reported that an email was received in the Board office from Leah Yoder, RN, expressing concern with regards to the LPN=s role, or lack thereof, in relationship to the medication aides (AMAPs). Lanette Anderson will respond on behalf of the Board, providing information regarding the AMAP law and its lack of inclusion of LPNs in the matter of AMAP-RN supervision. NCSBN is sponsoring the attendance of one (1) person from each Board to attend this meeting in Chicago on November 19, 2007. Kim Cremeans will be attending on behalf of the Board. Meeting was adjourned by Chairperson, Duane Napier at 12:00 a.m. APPROVED BY: Catherine Vance, Secretary Date PREPARED BY: Elsie S. Patterson, Adm. Aide Date