BOARD OF EXAMINERS OF NURSING CARE INSTITUTION ADMINISTRATORS AND ASSISTED LIVING FACILITY MANAGERS 1400 West Washington, Suite B-8, Phoenix, Arizona 85007 Douglas A. Ducey (602) 364-2273 phone (602) 542-8316 fax Allen Imig Governor Email: information@aznciaboard.us Executive Director Board Members Fred Randolph, President Ken Kidder, Vice President Melanie Seamans, Member David Hasseltine, Member Pauline Campbell, Member Laura Olson, Member Web Site: www.aznciaboard.us I. CALL TO ORDER MINUTES REGULAR MEETING October 19, 2015 President Randolph called the meeting to order at 9:05 a.m. II. ROLL CALL Present: Ken Kidder, Fred Randolph, David Hasseltine, Laura Olson, Wally Campbell Absent: Attendance: Melanie Seamans Allen Imig, ED, Phil Smyth, Investigator, Zakiya Mallas, Licensing Specialist, Bridget Harrington, AAG, Christopher Munns, Solicitor General III. CALL TO THE PUBLIC No one wished to speak IV. APPROVAL OF MINUTES 1. September 14, 2015 Regular Board Meeting Minutes Member Campbell made a motion that was seconded by Member Kidder to approve the September 14, 2015 regular meeting minutes. The motion passed 5 0. V. FORMAL HEARING A. Consideration and action on applicants appeal of denial of manager certificate. 2. Nicaj, Tommy Applicant Mr. Nicaj was not present
October 19, 2015 NCIA Board Meeting Minutes Page 2 of 6 Ms. Harrington, AAG requested that the matter be moved to a later date due to a notice issue. The Board granted the states motion. VI. COMPLAINT CASE A. Board Individual Review, Consideration and Action regarding new complaints: 3. Complaint # 16-10 Becerra, Richard Manager Open Date: 08/18/15 from Marc Adelman a resident at Bethesda Gardens Assisted Living., located at 13825 N. Cave Creek Rd., Phoenix, AZ. Mr. Adelman alleged: Theft of $300 from his room Retaliatory threats by the manager Mr. Becerra was present and answered the Board s questions regarding the complaint. Mr. Becerra did an investigation regarding the theft which included interviewing the caregiver that Mr. Adelman had suspected. Mr. Becerra did not notify the police until two days after the theft. Mr. Adelman was present and addressed the Board regarding his complaint. Member Kidder made a motion that was seconded by Member Randolph that the Board finds insufficient evidence of a violation, but issue a letter of concern. The concern being that the manager failed to respond to an allegation of theft in a timely manner. The motion failed 2 3 with Hasseltine, Campbell and Olson voted nay. Member Campbell 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 36-446.07(B)(3) as defined by ARS 36-446 (10)(a)(c) for unprofessional conduct and AAC R4-33-407(A), in complaint number 16-10 involving manager Richard Becerra 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 3 months that includes: a) Reimbursement of investigative costs in the amount of $500.00. b) 3 hours of Board approved continuing education in resident rights c) 3 hours of Board approved continuing education in service plans 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 5 0. 4. Complaint # 16-14 Soper, Patty Manager Open Date: 08/27/15 from Regina Reese a resident at Desert Sky Assisted Living., located at 5125 N. 58 th Ave., Glendale. Ms. Reese alleged: Refusing to allow a resident to remove furniture that was given to her by another resident.
October 19, 2015 NCIA Board Meeting Minutes Page 3 of 6 Ms. Soper was present and represented by attorney Mike Ryan. Ms. Soper answered the Board s questions regarding the complaint. The property in question was taken care of to the resident satisfaction. The complainant was not present for the Board meeting. Member Kidder made a motion that was seconded by Member Campbell to dismiss complaint 16-14 against Ms. Soper, for insufficient evidence of a violation. The motion passed 5 0. 5. Complaint # 16-12 Rios, Veronica Manager Open Date: 08/25/15 from Juanita Clark the daughter of a former resident at J & E. Caring Hands Assisted Living, located at 2501 N. Cezanne Circle, Tucson. Ms. Clark alleged: Medication patch not changed as prescribed Insufficient food at the facility Substandard care in toileting Residents medications were not picked up timely from the pharmacy Ms. Rios was present and answered the Board s questions. Ms. Rios did not know the resident because she was managing three facilities and was only at that one about eight hours a month. The owner was her designated manager. Member Randolph 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 36-446.07(B)(3) as defined by ARS 36-446 (10)(a)(c) for unprofessional conduct and AAC R4-33-407(A), in complaint number 16-12 involving manager Veronica Rios 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 $400.00 b) Retake the 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 A roll call vote passed 4 1 with member Hasseltine voting nay. 6. Complaint # 16-16 Swaim, Darcy Manager Open Date: 9/18/15 from Carl Riddle the spouse of a resident at Arbor Rose Senior Care, located at 6033 E. Arbor Rose Ave., Mesa. Mr. Riddle alleged: Resident received a head injury from a fall out of bed Resident not taken to hospital until three days after suffering the injury
October 19, 2015 NCIA Board Meeting Minutes Page 4 of 6 Mr. Swaim was present and answered the Board s questions regarding the complaint. Mr. Swaim agreed with the Board that the resident should have gone to the ER right away since they could not get a hold of the POA, PCP or NP of the resident right away. Mr. Riddle was present along with his daughter Susan and answered the Board s questions. Member Kidder made a motion that was seconded by Member Randolph to find insufficient evidence of a violation, but issue a letter of concern. The Board s concern was that the manager filed to notify emergency services in a timely manner. The motion passed 5 0. 7. Complaint # 16-15 Fierro, Kori Manager Open Date: 09/01/15 Investigator Smyth summarized the complaint for the Board. Board staff received a complaint from Nicole Bucher a surveyor with DHS. She alleged that Ms. Fierro the manager at A Home for Comfort, LLC, located at 5330 W. Euclid Ave., Laveen. The complaint alleged: The manager administered and read TB tests and she was not a RN Ms. Fierro was present and discussed the complaint with the Board. She did administer and read the TB tests, but thought she was able to after she had been trained. Ms. Fierro said she does not do this anymore. Member Randolph made a motion that was seconded by Member Campbell to dismiss complaint 16-15 against Kori Fierro, for insufficient evidence of a violation. The motion passed 5 0. VII. ADMINISTRATOR LICENSURE AND MANAGER CERTIFICATION A. Consent Agenda to approve, 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. 8. Permanent Administrator Licenses Speth, Terry Bostwick, Michael Monks, Chandler Temporary Manager Certificates Murza, Tabita Gomez, Nora Gonzalez, Deborah Permanent Manager Certificates Murza, Tabita Aquino, Maria Kirby, Laquenta Elliott, Jamie Malkin, Amy Gomez, Nora Celaya, Amanda Harris, Jacob Bergmans, Michael Dillon, Melissa Diedrich, Elizabeth Gonzalez, Deborah Member Hasseltine made a motion that was seconded by Member Campbell to approve the 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 5 0. B. Individual Board Review, Consideration and Action on Applicants Temporary and Permanent Manager Certificate. If approved, pending passing all required examinations within the substantive time frame or the license or certificate will be denied.
October 19, 2015 NCIA Board Meeting Minutes Page 5 of 6 9. Harris, Amy Temporary and Permanent Certificate Executive Director Imig outlined for the Board the criminal DUI related to the applicant. Applicant Amy Harris was present and answered the Board s questions regarding the DUI. Member Kidder made a motion that was seconded by member Randolph to approve the temporary and permanent manager certificates, pending passing all required examinations within the substantive time frame or the certificate will be denied. VIII. ASSISTED LIVING FACILITY TRAINING PROGRAMS A. 10. Consent Agenda to Approve Assisted Living Facility Caregiver Training Program Renewal Western Career Training ALCTP- 0042 IX. OTHER BUSINESS A. New Business: The Board may Review, Consider and take Action 11. NAB conference attendance Member Randolph made a motion that was seconded by Member Campbell that the Board sent the Executive Director and Member Kidder to NAB conference November 11 13, 2015. The motion passed 5 0. X. 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. 12. Financial Reports Executive Director Imig reported on the Board s finances. The Board s fund balance as of October 1, 2015 was $312,796.00 which is about 4% less than projected. Expenses are running about 2% less than projected. 13. Complaints Status Report Investigator Smyth reported on the number of complaints. There were 11 complaints opened in September. In FY16 so far the Board has opened 25 complaints. 14. Licensing Report Executive Director Imig reported that there were 5 administrator and 23 manager applications submitted in August and 1 administrator and 22 manager applications submitted in September. 15 Legislation Update There was none to update. There was a brief discussion regarding the Board member and Executive Directors survey sent out by the Governor s office of Boards and Commissions. Based on the survey results there may be upcoming legislation.
October 19, 2015 NCIA Board Meeting Minutes Page 6 of 6 16. Rules Update There are no rule dockets open. 17 Training Program Report Executive Director Imig reported that there are now 48 caregiver training programs throughout the state. Late last month there was a test advisory panel, led by D & S Diversified that took a look at 128 new caregiver test questions. Both the caregiver and manager training program final examination are performing as it was intended. 18. Board Meeting Critique There was no critique. XI. FUTURE AGENDA ITEMS None were mentioned. XII. ADJOURNMENT Member Kidder made a motion that was seconded by Member Campbell to adjourn the meeting. The motion passed 5 0. The meeting was adjourned at 11:45 a.m. The next regular meeting of the Board will be held on Monday, November 9, 2015 at 1400 W. Washington, Conference Room B-1, Phoenix, Arizona, at 9:00 a.m.