WEST VIRGINIA STATE BOARD OF EXAMINERS FOR LICENSED PRACTICAL NURSES MINUTES BOARD MEETING JUNE 12, 2002

9:00 a.m.

DISCIPLINARY REVIEW COMMITTEE MEETING (Co mmittee Members Only)

9:30 a.m.

REGULAR MEETING (Open to the Public)

1 CALL TO ORDER

Meeting was called to order by Chairperson, Gregory Chiartas, at 9:30 AM. Welcome and introduction of guests followed. Members Present Gregory Chiartas Carol Miller Charles D. Pruett Joan Smith Joseph Kessel Suzannah Higgins India Hosch Members Absent: Marguerite Marshall Orpha Swiger Staff Present Lanette Anderson Tammy Crookshanks Elsie S. Patterson Guests Present Christine Delp Jessica Clemans Deborah Booker Janet Conner Crystal Woods Kristen Thomas Lanette Myers Melissa Seibel Donna Allman

MINUTES-BOARD MEETING-JUNE 12, 2002 Melissa Whited Janet Myers Heather Flinn Ruth Wright Mandy Taylor Lisa Nicholson Andrea Coppola Suana Phillips Lisa Barner Marlene Bost ic Megan Hefner Carol Thorne Sheri Jones Suzan Smith Kathy Dray Missy Dulaney Nancy Hall Stella Kelley Barbara Harness Betty Sachleben Deborah Stewart Ann Tucker Tina Hawley Mary Berry Kelly Poole Erica Enoch Adelia Riddle Debra Hodge Nancy Hawkins Rhonda Turner Tina Miller Jennifer Owen Jacqueline Owen Jacqueline McCoy Debbie Handey Burkley Hopkins Crystal Matthews Melissa Boo ne Donna Coeburn Valarie Sparks Marie Perdue Debbie Stone Stefanie Six Rebecca Edwards Anne Grubb Patricia Gray Denise Bevins Angela McCoy Michelle Dunsmon

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MINUTES-BOARD MEETING-JUNE 12, 2002

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Tammy Carter Tammy Truman Lisa Shuman Amy Morrison Sonja Craft 2 INTROMembers, guests and staff introduced t hemselves. DUCTION OF MEMBERS & GUESTS 3 PROPOSED AGENDA

Motion was made by Joan Smith to approve the revised proposed agenda as presented. Motion was seconded by Suzannah Higgins. Motion carried.

4 MINUTES OF Motion was made by Joan Smith that the minutes, as circulated, from the PREVIOUS previous meeting held February 13, 2002, be approved by the Board. Motion MEETING was seconded by Carol Miller. Motion carried. 5 DISCIPLINARY REVIEW COMMITTEE Tammy Crookshanks, Assistant Executive Secretary to the Board, reported the following activities of the Disciplinary Review Committee which have occurred since the February 13, 2002, Board Meeting. Consent Agreements Executed Since February 2002 Board Meeting 1. Serena F. Farson, License No. 20939; BPN02-143 Two year probation; medication and practice error February 26, 2002 2. Angela R. Dennis, License No. 23808; BPN02-118 Reprimand; documentation errors March 7, 2002 3. Jennifer A. Bragg, License No. 22835; BPN02-115 Reprimand; alleged failure to report abuse by CNA March 7, 2002 4. William A. White, License No. 09245; BPN02-105 Suspended 3 mos. then probation 1 yr.; false application March 8, 2002 5. Catherine L. Ballard, License No. 12677; BPN02-114 Suspended 9 mos. then probation 3 yrs.; drug misappropriation and use; March 8, 2002

MINUTES-BOARD MEETING-JUNE 12, 2002 6. Lisa R. Yeager, License No. 15484; BPN02-152 Monetary Penalty of $800 per worked on lapsed license March 8, 2002 7. Sandra J. Freeland, License No. 20097; BPN00-130 Monetary Penalty $200 per worked on lapsed license March 13, 2002 8. Shawn M. Fortune, License No. 21216; BPN02-120 Reprimand; documentation errors March 28, 2002 9. Kandy S. Brown, License No. 18820; BPN02-141 Probation 1 yr; medication and documentation errors March 28, 2002 10. Kay A. McClung, License No. 22631; BPN02-97 Monetary Penalty $220 and 12 contact hours; failed CE audit March 28, 2002 11. Mary L. Adkins, License No. 24535; BPN02-72 Reprimand; practice without temporary permit March 28, 2002 12. Delores Cundiff, License No. 21717; BPN02-169 Monetary Penalty $220 and 12 contact hours; failed CE audit April 15, 2002 13. Denita Jarrell, License No. 19666; BPN02-147 Monetary Penalty $700; worked on lapsed license April 15, 2002 14. Kathleen Simms-Harless, License No. 18641; BPN02-81 Monetary Penalty $400; worked on lapsed license April 15, 2002 15. Crystall Jackson, License No. 22784; BPN02-177 2 years Probation; false documentation April 15, 2002 16. Susan Saltis, License No. 14874; BPN95-34 3 mos. Suspension and 1 yr. Probation; false documentation April 22, 2002 17. Carrie Sims, License No. 22928; BPN02-76 30 days Suspension and 1 yr. Probation; false documentation May 6, 2002 18. Joshua Drain, License No. 23937; BPN02-179 Reprimand per practice issue May 6, 2002

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MINUTES-BOARD MEETING-JUNE 12, 2002 19. Alicia L. Glover, License No. 22181; BPN02-159 2 yrs. Probation; substance abuse May 13, 2002 20. Donna A. Spears, License No. 10900; BPN02-178 30 days Suspension, 1 yr. Probation; substance abuse May 13, 2002 21. Tammy L. Bradley, License No. 16677; BPN02-185 Reprimand per practice issue May 17, 2002 22. Victoria L. Hudson, License No. 23845; BPN02-191 Reprimand per false documentation May 29, 2002 23. George B. Tennant, License No. 18649; BPN02-172 Reprimand per documentation errors & breach of policies May 30, 2002 24. Sandra D. Ritchie, License No. 24311; BPN02-198 Reprimanded; alleged professional misconduct June 7, 2002 25. Rachelle McDonald, License No. 19061; BPN 01-04 2 yrs. Probat ion; misdemeanor convict ion June 12, 2002 25. Kelly Plotner, License No. 23366; BPN02-157 2 yrs Probation; documentation errors involving medications June 12, 2002 Voluntary Surrender: 26. Esther Dillow, License No. 15570; BPN97-41 Surrendered; medication and practice errors February 21, 2002 27. Earlene U. Rogers, License No. 24829; BPN02-167 Surrendered; falsified endorsement application February 27, 2002 28. Lisa Short, License No. 20173; BPN02-162 Surrendered; drug use March 13, 2002 29. Carlita J. Miles, License No. 20574; BPN02-145&176 Surrendered; drug abuse April 15, 2002 30. Roger Farmer, License No. 19609; BPN99-32 Surrendered; alleged misconduct involving narcotics April 26, 2002

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MINUTES-BOARD MEETING-JUNE 12, 2002 31. Sandra M. Kennedy, License No. 18994; BPN02-204 Surrendered; misconduct involving narcotics May 22, 2002 32. Ron Short, License No. 20176; BPN02-203 Surrendered; alleged misappropriation of narcotics June 7, 2002 Reinstatements: 33. Sherri Lovell, License No. 21218; BPN00-138 From one (1) yr. Probation to Full Status; February 27, 2002 34. Jennifer L. Hyatt, License No. 21435; BPN01-143 From one (1) year Probation to Full Status; April 18, 2002 No Formal Action: 35. BPN02-131 Alleged used improper restraint; no action per no evidence February 13, 2002 36. BPN02-142 Alleged refused to give pain med.; no action per no evidence February 13, 2002 37. BPN02-132 Prior misdemeanor; no action February 13, 2002 38. BPN02-160 Alleged failed to assess patient; no action per no evidence February 27, 2002 39. BPN02-161 Alleged rude to patients; no action per no evidence March 5, 2002 40. BPN02-113 Alleged rude to patients; no action per no evidence March 5, 2002 41. BPN02-102 Alleged rude to patients; no action per no evidence March 5, 2002 42. BPN02-126 Alleged practice error; no action per no evidence March 11, 2002

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MINUTES-BOARD MEETING-JUNE 12, 2002

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43. BPN02-163 Alleged neglect; no action per no evidence March 23, 2002 44. BPN02-170 Alleged administered medication without rx; no action per no evidence April 5, 2002 45. BPN02-184 Alleged false documentation; no action per no evidence April 15, 2002 46. BPN02-174 Alleged practice errors; no action per no evidence April 17, 2002 47. BPN02-171 Alleged failure to assess & intervene; no action per no evidence April 18, 2002 48. BPN02-183 Alleged false documentation; no action per no evidence May 3, 2002 49. BPN02-130 Alleged pushed pt. who fell & cut lip; no action May 16, 2002 50. BPN02-195 Previous misdemeanor conviction; no action May 16, 2002 51. BPN02-197 Alleged patient abuse; no action per no evidence May 29, 2002 52. BPN02-180 Alleged diversion of narcotic medications; no action per no evidence June 10, 2002 53. BPN02-187 Alleged patient abuse; no action per no evidence

A motion was made by Carol Miller to ratify the report of Disciplinary Committee activities between February 13, 2002, and June 12, 2002, as presented. Motion was seconded by Joan Smith. Suzannah Higgins abstained. Motion carried.

MINUTES-BOARD MEETING-JUNE 12, 2002

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6 BUDGET 6A 3RD QTR 2002

6B EXPENDITURE SCHEDULE 2003

Executive Secretary reported expenditures for the third quarter at $76,062.87. Balance at the end of the 3rd quarter was $124,255.98. The account balance March 31, 2002 was $389,372.63. No major purchases were made during the 3rd quarter.

Execut ive Secretary reported that the expenditure schedule for FY 2003 was approved by mail vote. A motion was made by Suzannah Higgins that the mail vote on the FY 2003 expenditure schedule be ratified. Motion was seconded by India Hosch. Motion carried.

6C REPORT OF Purchase card expenditures for the months of January, February and March, 2002 were PURCHASE reported to the Board in accordance with requirement s of the Auditor’s Office. Staff CARD was available for any inquiries from members of the Board. EXPENDITURE 7 NCSBN 7A COMMITMENT Lanette Anderson reported that an interim report on the Commitment to

TO Excellence Project was presented at the Mid-Year Meeting. A copy of the EXCELLENCE Governance tool completed by out-going Board Chairperson, Orpha Swiger in February 2002 was provided to the Board members. A full report of data from this and other tools (Licensure) Education, Practice, and Governance) will be provided at Delegate Assembly in August. 7B TERCAP Tammy Crookshanks attended a training meeting for TERCAP “A Taxonomy for UPDATE Error Reporting , Root Cause Analysis, and Analysis of Practice Responsibility”, in Chicago, IL in April, 2002. A verbal report of the meeting was provided to members. 7C MID-YEAR MEETING

Lanette Anderson attended the NCSBN Mid-Year meeting held in Chicago, March 4-6, 2002. A verbal report o f the meeting was provided to members.

7D NOMINATION Executive Secretary reported that documentation was submitted to the National REGULATORY Council to nominate this Board for the Regulatory Achievement Award. This

ACHIEVEBoard will be notified of results prior to the Delegate Assembly meeting. MENT AWARD 8 CAC PREP PILOT PROJECT

Executive Secretary reported that the Board currently has (3) Memoranda of Understanding with those hospitals who init ially elected to participate. We are currently involved in recruiting PREP cases from long-term care facilities. Since quite a few of the complaints that we receive from these facilities do not rise to the level of formal discipline, some of them may be effectively handled by remediation and additional education through PREP.

MINUTES-BOARD MEETING-JUNE 12, 2002

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9 MISSION & Execut ive Secretary reported that only minor revisions have been made to the Mission INITIATIVES and Initiatives Statement to reflect current operations, specifically including the STATEMENT statement regarding participation in NCSBN pilot projects. A motion was made by India Hosch that the Mission and Initiatives Statement be approved as presented. Motion was seconded by Charles Pruett. Motion carried. 10 NORTH CENTRAL WV NURSING WORKFORCE

A meeting of the nursing workforce was held on February 15, 2002 in Morgantown, WV. Site visitors from the National Colleagues in Caring project were present, and were very complimentary of the work completed by the Nursing Workforce during the past several years that it has been funded. It was decided by the group that an occasional meeting of nursing educators, employers, and regulators would be beneficial to continue the awareness and evaluation o f issues affecting nursing in West Virginia.

11 NCLEX PN TEST

RESULTS

Executive Secretary reported that the passing average for NCLEX-PN for WV was 95.65%, for the quarter ending March 31, 2002, up from 88.06% for the previous period ending December, 2001. National passing average for the quarter ending March 31, 2002 is 84.43%, with little change from 84.45% for t he period ending December 31, 2001.

12 UTILIZATION Executive Secretary reported that the Board conducted a study of the utilization of OF TEMPO RARY temporary permits for new graduates. Since July 1, 2001, 308 of 333 applicants have PERMITS requested temporary permits. The length of time that a new graduate maintains the temporary permit prior to receipt of first examination results is approximately 53 days. The 90 days that is utilized by the Board is comparable to other states. The survey of utilization of nursing personnel conducted in Fall 2001 indicated that 72.4% of hospitals and 89.2% of nursing homes indicated that they hire new graduates with temporary permits. Based upon this information, no changes in the utilization of temporary permits for new graduates was recommended 13 PN SCHOOLS Executive Secretary provided a written summary of Annual Reports of Schools of ANNUAL Nursing and a written summary of employment of W. Va. graduates for 2001. REPORTS & EMPLOYMENT DATA 14 CABELL CO

A interim site visit was made to the Cabell County Career Technical Center School

CAREER TECH of Practical Nursing on March 26, 2002. The program has experienced difficulty

CTR SCHOOL due to faculty illnesses. Progress has been made on recommendations from the OF PN previous visit. Outlines provided to Board staff at the visit appear to be improved in quality and consistency. Administrative support remains strong. 15A ACADEMY OF A site visit was made to the Academy of Careers and Technology School of

CAREERS &

Practical Nursing on April 16, 2002. After discussions of the findings resulting

TECH SCHOOL from this visit, a motion was made by Carol Miller that the Academy of Careers

and Technology School of Practical Nursing be granted continued Full State Accreditation for a period of three (3) years, ending June 30, 2005. Motion was seconded by Joan Smith. India Hosch abstained. Motion carried.

MINUTES-BOARD MEETING-JUNE 12, 2002

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15B PROPOSED Executive Secretary reported that a letter was received from Jerry Miller, Adult ADDITIONAL Education Coordinator, for the Academy of Careers & Technology School of CLASS Practical Nursing, proposing that two concurrent classes be maintained in the LPN Program to ease the nursing shortage in this area and the ability to increase the supply of LPNs at two (2) different times throughout the year. One class would begin in August and one in January. Three (3) additional faculty will be hired to facilitate this effort. 16 REGION IV SCHOOL PN

A site visit was made to Region IV School of Practical Nursing on April 30, 2002. The name of the program will change in September 2002 to Greenbrier County School of Practical Nursing. After discussion of the findings resulting from this visit, a motion was made by Charles Pruett that the Region IV School of Practical Nursing be granted continued Full State Accreditation for a period of three (3) years, ending June 30, 2005. Motion was seconded by India Hosch. Motion carried.

17 Lanette Anderson and Tammy Crookshanks attended an informational meeting at the facility located in New Cumberland, WV , on April 9, 2002. After discussions ROCKEFELLER IV of the findings resulting from the meeting, a motion was made by Joan Smith CAREER CTR that the program be granted “temporary approval to proceed with the planning process” in accordance with the Board’s Legislative Rules, Series 1. Motion was seconded by Suzannah Higgins. Motion carried.

NEW PROGRAM JOHN D.

18 Lanette Anderson, Tammy Crookshanks and Becky Davis attended an informational meeting held at Glenville State College, Community and Technical College NICHOLAS CO campus on March 7, 2002. Documentation was provided to administration VOCATIONAL with regards to t he requirements for starting a new pro gram in accordance with CENTER the Board’s Legislative Rules. No additional information has been received regarding this potential program.

NEW PROGRAM

INQUIRY

19 INITIAL NEW Executive Secretary reported that inquiries were received from the Putnam County PROGRAM Career Center, Fayette/Plateau Vocational Center, and Calhoun/Gilmer Vocational INQUIRIES Center regarding new programs. No additional information or inquiries have been received from these facilities as of this date. 20 WOOD CO Lanette Anderson and Rebecca Davis attended a meeting with administration from VOCATIONAL the Wood County Vocational Center and Ohio Valley College in March 2002. SCHOOL PN Issues were discussed with regards to potential conflicts between OVC policies, PROPOSED requirements of the State Department of Education, and LPN Board requirements. RELOCATION These issues have been resolved. The curriculum would no t change in any way and Wood County Schools would retain control of the program. 21 RULES - 2001 ACTIONS OF THE LEGISLATURE 21A SB 239 CONTINUATION OF THE BOARD

The West Virginia State Board of Examiners for Licensed Practical Nurses will be continued until July 1, 2010 following Sunset Review.

MINUTES-BOARD MEETING-JUNE 12, 2002 21B HB 4124 REVISIONS WV CODE CHAPTER 30

21C HCR 68

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A revision was made pertaining to member compensation. Per diem did not change this year, however Board member travel shall be reimbursed using actual and necessary expenses in accordance with the guidelines of t he travel management office. Other changes to Chapter 30 o f the include providing the licensing boards with the option of utilizing mediation in complaint resolution. Also, social security numbers are no longer required on a roster of licensees made available to the public. As of this date, no action has been taken on this Resolution.

STUDY SHORTAGE OF HEALTH CARE PRACTITIONERS

22A CLEAR

The annual meeting of CLEAR (Council on Licensure, Enforcement, and Regulation) will be held in Las Vegas, Nevada from September 10 - 14, 2002. The meeting includes the National Certified Investigator/Inspector Training Specialized Program. A motion was made by Joan Smith that the Board authorize Tammy Crookshanks and Grego ry Chiartas to attend all or a portion of the CLEAR Annual Meeting. Motion was seconded by India Hosch. Motion carried.

22B NCSBN BOARD INVESTIGATOR

SUMMIT

The NCSBN Board Investigator Summit will be held June 20-22, 2002 in Chicago. The meeting is designed for Board staff who deal with disciplinary investigations. A mot ion was made by Carol Miller that the Board authorize Tammy Crookshanks to attend the NCSBN Investigator Summit. Motion was seconded by India Hosch. Motion carried.

22C NCSBN ANNUAL The

MEETING DELEGATE ASSEMBLY

NCSBN Annual Meeting/Delegate Assembly will be held August 13-17, 2002 in Long Beach, CA. A motion was made by Carol Miller that the Board authorize Lanette Anderson and Joan Smith to attend the Annual Meeting/Delegate Assembly. Motion was seconded by Suzannah Higgins. Motion carried.

23 APPLICANT REQUEST TO TAKE NCLEX-PN EXAMINATION

Executive Secretary reported that the Board has received an application for the NCLEX-PN Examination from an individual that graduated from an Program in 1994. A motion was made by Carol Miller that the Board authorize this individual to take the NCLEX-PN examination only after she has successfully completed a full course of study in an accredited LPN program to assess her knowledge, skills, and ability to perform at a beginning graduate level. Motion was seconded by Joseph Kessel. Motion carried.

24 RECESS OPEN MEETING

Gregory Chiartas, Chairperson, announced that in accordance with Chapter 6, Section 4(2)A, of the Code of West Virginia provides for Executive Sessions to be held by governmental agencies to consider personnel matters. All motions arising from the discussion during the Executive Session shall be made and voted on in an open meeting immediately following an Executive Session.

MINUTES-BOARD MEETING-JUNE 12, 2002

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A motion was made by India Hosch in accordance with Chapt er 6, Article 9A, Section 4(2)(A), that the Board recess and reconvene in an Executive Session for the purpose of discussing personnel matters. Motion was seconded by Joan Smith. Motion carried. The regular meet ing recessed at 10:45 a.m. in order to begin the Executive Session. 25 EXECUTIVE SESSION

To consider personnel matters.

26 CALL TO ORDER REGULAR MEETING

The regular meeting reconvened at 11:05 a.m.

27 MOTIONS FROM EXECUTIVE SESSION 27A EXECUTIVE After discussion and evaluation, a motion was made by India Hosch to SECRETARY continue the employment of the Executive Secretary for the coming fiscal EVALUATION/ year. Motion was seconded by Joan Smith. Motion carried. EMPLOYMENT

27B STAFF COMPENSATION A motion was made by India Hosch to authorize a 5% merit increase for FISCAL YEAR all Board Staff effective August 1, 2002. Motion was seconded by Joan

2003

Smith. Motion carried.

28 MISCELLANEOUS

Executive Secretary reported that a meeting of interested parties r e g a r d i n g t h e continuation of the work of the Nursing Shortage Study Commission will convene at 2:00 p..m. on June 12, 2002. The Executive Secretary will attend, and any Board members who wish to attend can also do so. Execut ive Secretary also reported that information has been received from NCPS, a drug screening company. This entity would take over the requesting of drug screens of licensees for whom drug screening is required pursuant t o disciplinary action by the Board. There is no cost to t he Board for this service. Following a discussion of this information, members agreed by acclamation to pursue the utilization of NCPS for drug screening of licensees.

29 ADJOURNMENT

Chairperson Gregory Chiartas adjourned the meeting at 11:35 AM.

APPROVED BY :

________________________________________ Joan Smith, Secretary Date PREPARED BY: ________________________________________ Elsie S. Patterson, Administrative Asst. Date