DELAWARE BOARD OF MASSAGE AND BODYWORK



[pic]

|Cannon Building |STATE OF DELAWARE |Telephone: (302) 744-4500 |

|861 Silver Lake Blvd., Suite 203 |DEPARTMENT OF STATE |Fax: (302) 739-2711 |

|Dover, Delaware 19904-2467 | |Website: dpr. |

| |DIVISION OF PROFESSIONAL REGULATION | |

PUBLIC MEETING MINUTES: Delaware Board of Nursing

MEETING DATE AND TIME: Wednesday, September 13, 2006

PLACE: 861 Silver Lake Boulevard, Conference Room A

Dover, Delaware

MINUTES APPROVED: October 11, 2006

MEMBERS PRESENT

Lucille Gambardella, President, APN Member, Presiding

Wanda Cohee, LPN Member

Robert Draine, Public Member

Joyce Edwards, Public Member

Carolyn Hill, RN Member

Martha Hopkins, Public Member

Diana Padula, LPN Member

Cheryl Richter, RN Member

James Vanderwall, Public Member

Rebecca Walker, RN Member

Irene Washabau, LPN Member

Pamela Zickafoose, Vice President, RN Member

DIVISION STAFF/DEPUTY ATTORNEY GENERAL PRESENT

Allison Reardon, Deputy Attorney General

Iva Boardman, Executive Director

Debbie Heinsch, Administrative Specialist II

MEMBERS ABSENT

Martha Hopkins, Public Member

Margaret Ingram, LPN Member

David Mangler, RN Member

ALSO PRESENT

Maggie Akpau –

JoAnn Baker – Delaware Technical & Community College, Terry Campus

Connie Bushey – Beebe School of Nursing

Kathy Janvier – Delaware Technical & Community College, Stanton Campus

Suzanne Raab-Long – Delaware Healthcare Association

Saheed Rufai – Delaware Institute of Health Sciences, Inc.

JoAnn Schyler – Delaware Institute of Health Sciences, Inc.

Yvonne Stringfield – Delaware State University

Francis Tormen – Camtech, Inc.

CALL TO ORDER

Dr. Gambardella called the meeting to order at 9:04 a.m. Dr. Gambardella thanked Mr. Lawson for his tenure and dedication to the Board of Nursing, since his term has expired.

REVIEW OF MINUTES

The Board reviewed the minutes of the meeting held on July 19, 2006. Dr. Vanderwall made a motion, seconded by Ms. Hill, to approve the minutes with editorial corrections on page two and six. Ms. Cohee, Dr. Gambardella, Ms. Hill, Ms. Hopkins, Ms. Padula, Dr. Vanderwall, Ms. Walker, Ms. Washabau, and Dr. Zickafoose voted in favor. Mr. Draine, Ms. Edwards, and Ms. Richter abstained. The motion was carried.

ADOPTION OF THE AGENDA

Ms. Washabau made a motion, seconded by Ms. Padula, to adopt the agenda as presented. The motion was unanimously carried.

ACTIVITIES REPORT

The report was reviewed without action.

UNFINISHED BUSINESS

Application to establish PN Program – Delaware Institute of Health Sciences (formerly Majestique) Dr. Zickafoose, Ms. Washabau and Ms. Boardman made a site visit and requested that additional items be submitted for Board review. Members reviewed the submitted information. Dr. Zickafoose stated that one of the ongoing concerns is that the faculty members do not have previous teaching experience in nursing education. Currently, there seem to be five instructors for a class of 32 students. The requested information regarding who will be assigned to teach each course has not been presented. Dr. Gambardella indicated that the handbook was acceptable, but the faculty teaching experience continues to need to be addressed. The letter of agreement from Christiana Care Health System was not signed by an administrator as required. Members indicated that the following are needed: 1) objectives of the course outlines further developed; 2) facility letters of agreement for clinical use signed by administrators; and 3) teaching experience of faculty and assignments identified. Tabled, pending receipt of the additional information.

Application to establish PN Program – Leads School of Technology - Members indicated that after review of the requested information, the following is needed: 1) list of all faculty members with resumes; 2) organizational chart that shows faculty assignments;3) identification of the required passing score of the admission examination; 4) list of facilities with letters of agreement for clinical use signed by administrators; 5) identification of learning resources that includes more than required textbooks; 6) listing of textbooks as learning resources or library holdings with year of publication; and 6) clarification of the number of students to be admitted. Tabled, pending receipt of the additional information.

Status Report – Camtech, Inc. - Camtech, Inc is requesting an increase in student admission from 30 to 35 students due to potential attrition. After members voiced concern about an increase of students to 35 with four faculty members, Dr. Gambardella recognized Mr. Tormen to address the concern. He indicated that an additional faculty member has been hired which will ensure that there is no more than a 1:8 faculty/student ratio in clinical settings. Members reviewed a status report that included the admission packet. The following were identified as needing to be revised: 1) the demographic sheet asks for race, which needs to be designated as optional; 2) question #4 needs to be edited; 3) phone number is listed incorrectly; 4) the dress code regarding fingernails needs to be re-evaluated and 5) clarification regarding whether health or malpractice insurance is required. Ms. Washabau made a motion, seconded by Dr. Zickafoose, to grant approval for the increase in student admission to 35, contingent upon written receipt of the resume of the new faculty member who meets faculty requirements. Unanimously approved, motion carried. Classes are scheduled to begin on September 18, 2006.

JOINT PRACTICE COMMITTEE

Ms. Boardman reported that the committee met on August 29, 2006 and three applicants were reviewed and approved for prescriptive authority. Their names were forwarded to the Board of Medical Practice for final approval at their September 5, 2006 meeting. Dr. Zickafoose made a motion, seconded by Ms. Cohee, that Mr. Lawson remain a member of JPC as the Board’s appointed public member. Unanimously approved, motion carried.

PRESIDENT’S REPORT Dr. Gambardella reported that the APN Vision Paper prepared at National Council of State Boards of Nursing (NCSBN) will continue to be reworked with input from APNs across the country. Boards of Nursing in most states have jurisdiction over out-of-state nursing programs bringing students into the state for clinicals. It is becoming more difficult for clinical sites to meet the needs of instate schools as well as those from out-of-state. Pennsylvania schools especially use New Castle County facilities. The Board’s Rules and Regulations currently do not address this. Delaware faculty members must be approved to be in clinical sites and clinical sites must be approved before use by Delaware programs. The process should be similar for out-of-state programs. Dr. Gambardella suggested that the issue be reviewed by a subcommittee. The revised NCLEX-RN test plan for April 2007 was approved at the annual meeting and will be available on the NCSBN website after October 1, 2006. The more detailed report will be available in December for purchase.

EXECUTIVE DIRECTOR’S REPORT Ms. Boardman reported that she will be sharing with division representatives the monitoring recommendations for chemically impaired licensees passed at the NCSBN annual meeting for potential use for participants in the Voluntary Treatment Program. There are also plans to dialogue with nursing employers about how TERCAP, a tool to dissect practice breakdown, can be used in the workplace. Mr. Mangler is hoping to present information to members of the Delaware Organization of Nurse Executives (DONE) at a future meeting.

NEW BUSINESS BEFORE THE BOARD

Licensee Applicant Reviews

By Examination

Rebecca Gominger – RN applicant, who graduated in May 2001, asks for a waiver of Section 6.3.6 of the Board’s Rules and Regulations. Dr. Vanderwall made a motion, seconded by Ms. Edwards, to grant approval to take NCLEX-RN. Upon successful examination results she must reappear before the Board as she does not meet the practice requirement. Unanimously approved, motion carried.

Tiffany Hunter - LPN applicant, who graduated in April 2006, asks for a waiver of Section 6.1.5 of the Board’s Rules and Regulations. Dr. Zickafoose made a motion, seconded by Ms. Padula, to grant approval to take NCLEX-PN. Unanimously approved, motion carried.

Mohamed Kamara– RN applicant, who graduated in March 2005, asks for a waiver of Section 6.3.6 of the Board’s Rules and Regulations. Applicant has had four unsuccessful attempts with NCLEX-RN in Pennsylvania. Dr. Zickafoose made a motion, seconded by Ms. Padula, to request written evidence of completion of the online review course taken by the applicant. Unanimously approved, motion carried.

Kristen Mashongamhende– RN applicant, who graduated in May 2006, asks for a waiver of Section 6.1.5 of the Board’s Rules and Regulations. Ms. Washabau made a motion, seconded by Dr. Vanderwall, to grant approval to take NCLEX-RN. Unanimously approved, motion carried.

Colleen Organ – RN applicant, who graduated in December 2002, requests a waiver of Section 6.3.6 of the Board’s Rules and Regulations. Ms. Washabau made a motion, seconded by Dr. Zickafoose, that applicant must take a review course prior to being made eligible to take NCLEX-RN. Unanimously approved, motion carried.

Jennifer Rineer– RN applicant, who graduated in May 2006, requests a waiver of Section 6.1.5 of the Board’s Rules and Regulations and had second degree forgery convictions in 1992. Ms. Reardon advised the Board that new legislation passed for all boards within the Division of Professional Regulation requires the Board to propose to deny licensure to an applicant with a criminal conviction of a crime listed in the Board’s Rules and Regulations. The applicant is entitled to a hearing. If a majority of a quorum of the Board finds that more than five years have elapsed since discharge of all imposed sentences, deems the applicant capable of practicing nursing in a competent and professional manner and determines that the granting of a waiver will not endanger the public health, safety and welfare, the Board may proceed with licensing. Mr. Draine made a motion, seconded by Ms. Richter, to propose to deny licensure. Unanimously approved, motion carried.

The Board determined that the recent legislation that imposes a five year bar from licensure requires a review of the crimes that were previously determined to be substantially related to Nursing. Rebecca Walker, Pam Zickafoose, Diana Padula, and Wanda Cohee volunteered to meet with Allison Reardon and Iva Boardman prior to the next Board meeting. All members were asked to review the list of crimes prior to the October meeting. Proposed changes to the current list of crimes in Section 15 of the Board’s Rules and Regulations will follow the required state rule making process of publication and a public hearing.

Samantha Russ- RN applicant, who graduated in May 2006, requests a waiver of Section 6.1.5 of the Board’s Rules and Regulations. Ms. Washabau made a motion, seconded by Ms. Walker, to grant approval to take NCLEX-RN. Unanimously approved, motion carried.

Fasanmi Isijola - LPN applicant, who graduated June 2004, requests a waiver of Section 6.3.6 of the Board’s Rules and Regulations. Dr. Zickafoose made a motion, seconded by Dr. Vanderwall, to grant approval to take NCLEX-PN upon receipt of documentation of completion of a review course. Unanimously approved, motion carried.

By Endorsement

Patricia Davis – RN applicant, with disorderly conduct charge in October 2004, seeks licensure approval. Ms. Richter made a motion, seconded by Ms. Edwards, to approve licensure since crime is not listed in Section 15 of the Board’s Rules and Regulations. Unanimously approved, motion carried.

Allen Fila - RN applicant, with convictions for DUI and harassment in 1978, seeks licensure approval. Dr. Zickafoose made a motion, seconded by Ms. Hill, to propose to propose to deny licensure with the opportunity for a hearing Unanimously approved, motion carried.

Michelle King – RN applicant, who failed to disclose on her application that she previously held a license in Louisiana which is suspended, seeks licensure approval. Dr. Zickafoose made a motion, seconded by Ms. Washabau, to propose to deny licensure with opportunity to a hearing due to applicant’s failure to disclose information related to a disciplined Louisiana license. Unanimously approved, motion carried.

Jan McLaren – RN applicant, with Florida license that is currently under investigation, seeks license approval. Application tabled, pending receipt of additional information regarding the investigation. Applicant will be put on notice that she has a duty to report any disciplinary action taken following the current investigation.

Ms. Reardon advised that many boards have language in their statutes regarding applicants under investigation by another licensing board. Members agreed that they would like to investigate similar legislative language.

Betty Riccardi – RN applicant has withdrawn her application for licensure.

Reinstatement

Advanced Practice Nurse

Cynthia Diefenbeck – Psychiatric/ Mental Health Clinical Nurse Specialist reinstatement applicant, who does not meet the practice requirement, seeks reinstatement of license. Applicant requests that the supervised practice hours earned during a clinical psychology doctoral program be recognized to meet the APN practice requirement. Ms. Richter made a motion, seconded by Ms. Padula, to require 600 hours of supervised practice under an APN or physician. Unanimously approved, motion carried. Tabled, pending receipt of collaborative agreement information and letter of agreement to supervise as specified in Section 8.11.2.2 of the Board’s Rules and Regulations.

Andrea Holecek – Oncology Clinical Nurse Specialist applicant, who has completed the Board’s required 600 hours of supervised practice, seeks license approval. Dr. Zickafoose made a motion, seconded by Ms. Padula, to approve licensure. Unanimously approved, motion was carried.

Cynthia Waddington –Tabled, pending receipt of written verification of completion of supervised practice hours.

Mary Zimny – Oncology Clinical Nurse Specialist applicant, who has completed the Board’s required 600 hours of supervised practice, seeks license approval. Dr. Zickafoose made a motion, seconded by Ms. Washabau, to approve upon clarification of her collaborative agreement. Unanimously approved, motion carried.

Valerie Tuck-Henry – Perinatal Nurse Practitioner applicant, whose specialty does not have a certification examination, has completed 1000 hours of supervised practice. Ms. Cohee made a motion, seconded by Ms. Hill, to approve licensure. Unanimously approved, motion carried.

Arnold Convento -GRNA applicant with two unsuccessful attempts with the certification examination, seeks a temporary permit extension. Applicant has been practicing from August 10th to date without a temporary permit. Members reviewed correspondence from Dr. Kenneth Silverstein, Anesthesia Services, P.A. in which he verified that Mr. Convento would practice under supervision of an anesthesiologist. Dr. Vanderwall made a motion, seconded by Ms. Hill, to approve a temporary permit extension. Unanimously approved, motion carried.

Cathy Moore – Medical/Surgical Clinical Nurse Specialist applicant, who has completed the required 600 hours of supervised practice, seeks license approval. Ms. Cohee made a motion, seconded by Ms. Padula, to approve licensure. Unanimously approved, motion carried.

Ratification of Assignments

11-37-06 Irene Washabau Contact Person

11-38-06 Rebecca Walker Contact Person

11-39-06 Martha Hopkins Contact Person

11-40-06 Wanda Cohee Contact Person

11-41-06 Martha Hopkins Contact Person

11-42-06 Carolyn Hill Contact Person

11-43-06 Margaret Ingram Contact Person

11-44-06 Margaret Ingram Contact Person

11-45-06 Diana Padula Contact Person

11-46-06 Irene Washabau Contact Person

Dr. Vanderwall made a motion, seconded by Ms. Ingram, to ratify the above assignments, with the exception of 11-39-06, and 11-41-06 as presented. Unanimously approved, motion carried.

Hearings

Marion Dettra September 13, 2006 11:00 a.m.

Kathleen Knapp September 13, 2006 12:00 p.m.

Lisa Skinner September 13, 2006 1:30 p.m.

Cindy Bransfield September 13, 2006 2:30 p.m.

Jo Ellen Brenegan October 18, 2006 9:00 a.m.

Hearings Continued

Lori Manifold October 18, 2006 10:30 a.m.

Matthew Eldridge Decision and Order

Consent Agreements

9.4.1 Ruth Aligwesa Margaret Ingram Contact Person

Dr. Zickafoose made a motion, seconded by Ms. Washabau, to ratify the agreement as written. The motion was unanimously carried.

9.4.2 Martha Carmine David Mangler Contact Person

Ms. Cohee made a motion, seconded by Dr. Zickafoose, to ratify the agreement as written. The motion was unanimously carried.

9.4.3 William Holden Margaret Ingram Contact Person

Dr. Zickafoose made a motion, seconded by Ms. Cohee, to ratify the agreement as written. The motion was unanimously carried.

9.4.4 Terriann Redding Margaret Ingram Contact Person

Ms. Washabau made a motion, seconded by Dr. Zickafoose, to ratify the agreement as written. The motion was unanimously carried.

9.4.5 Matthew Thompson James Vanderwall Contact Person

Ms. Washabau made a motion, seconded by Dr. Zickafoose, to ratify the agreement as written. The motion was unanimously carried.

9.4.6 William Wyatt Wanda Cohee Contact Person

Dr. Zickafoose made a motion, seconded by Ms. Edwards, to ratify the agreement as written. The motion was unanimously carried.

Closed Complaints

11-11-06 Margaret Ingram Contact Person

11-20-06 Robert Lawson Contact Person

11-32-06 Carolyn Hill Contact Person

11-34-06 Diana Padula Contact Person

11-07-06 Cheryl Richter Contact Person

Ms. Hill made a motion, seconded by Ms. Padula, to close 11-32-06, 11-34-06, and 11-07-06. The motion was unanimously carried.

Review of Compliance - None for review

Practice without Licensure Reviews

Dr. Zickafoose reported that there had been four cases of practice without licensure. Letters of admonishment were sent to the licensees as well as correspondence to the employers.

Proposed Guidelines for Review – New guidelines were proposed for processing practice without licensure issues. For practice without a permit or extension of permit for a period of 60 days or less and upon receipt of a completed form, staff will send a letter of admonishment to the licensee and employer. For practice without renewed license for a period of 60 days or less and upon receipt of a completed form, staff will send a letter of admonishment to the licensee and employer. For practice without a permit or license for a period of more than 60 days, staff will send to the investigative unit as a complaint and process the permit or license. A board member will no longer need to review the applications as has been the policy. Ms. Washabau made a motion, seconded by Ms. Richter, to adopt this policy. Unanimously approved, motion carried.

Practice Issues

HB-418- Members reviewed the summary of the legislation that requires practitioners who dispense medications directly to patients to provide the required container label information on a label or through a handout.

APN Evaluation Form – Christiana Care Health System- Ms. Washabau made a motion, seconded by Ms. Cohee, to accept the form for use in the evaluation of supervised practice hours, but a letter from the supervising practitioner is still required. Unanimously approved, motion carried.

Medication Administration via Enterostomy Tubes – Dr. Thomas Kelly, Department of Health and Social Services – It was requested that Dr. Kelly attend a future meeting to provide additional information.

AWSAM Pilot Course – Assisted Living Update Ms. Cox is requesting the plan be presented at the November meeting.

Educational Issues

Application for New Clinical Sites – Delaware Technical & Community College, Terry Campus - Motion made by Ms. Padula, seconded by Ms. Edwards, to grant approval to Delaware Technical & Community College, Terry Campus, to use Chester River Hospital, Family Health of Delaware, and Fred Fifer Middle School as clinical sites. Ms. Cohee, Mr. Draine, Ms. Edwards, Dr. Gambardella, Ms. Hill, Ms. Hopkins, Ms. Padula, Ms. Richter, Dr. Vanderwall, Ms. Walker, and Ms. Washabau voted in favor. Dr. Zickafoose abstained. Motion carried.

Application as Nurse Refresher Course – Consolidated Learning Services – Ms. Washabau made a motion, seconded by Dr. Zickafoose, to approve the course with the requirement that preceptors must meet the minimum faculty member educational requirement of a BSN. Unanimously approved, motion carried.

Pre-RN Course of Study – Wilmington College – Wilmington College plans to offer pre-RN courses that will facilitate students studying for a BSN after licensure occurs. While most of the courses will be non-nursing, there will be two allied health courses and one health course.

Members treated this as informational, but did ask that staff communicate concerns about transfer of these credits to other schools and the need to communicate such to students.

Notification of new Department of Nursing Chairperson – Delaware State University Yvonne Stringfield began July 2006 as the Chairperson of the Department of Nursing at Delaware State University. Dr. Vanderwall made a motion, seconded by Mr. Draine, to approve. Unanimously approved, motion carried.

Licensure Issues

National Council of State Boards of Nursing

Annual Meeting – The annual meeting was held August 1-4, 2006 in Salt Lake City, Utah. Mr. Mangler, Dr. Gambardella, and Ms. Boardman attended. Both Dr. Gambardella and Ms. Boardman summarized events during their individual reports.

Citizen Advocacy Center – The annual meeting will be held October 17-20, 2006. Public members should let Ms. Boardman know if they are interested in attending.

Board of Nursing 2007 Meeting/Hearing Calendar – Ms. Boardman reported that staff will continue to attempt to schedule hearings on the same date as Board meetings. In the event this is not possible an additional date is available for afternoon hearings.

Licensee Approval

Ms. Padula made a motion, seconded by Ms. Cohee, to approve the licensee list as presented. The motion was unanimously carried.

PUBLIC COMMENT

Joann Schyler of Delaware Institute of Health Sciences asked for the Board’s decision regarding their PN program- Dr. Gambardella stated that additional information is needed. Dr. Zickafoose reiterated that additional information related to facility agreement letters and faculty assignments is needed.

Dr. Kathy Janvier appreciates the Board’s concern about how clinical opportunities for Delaware students is in competition with out-of-state students.

NEXT SCHEDULED MEETING

The next meeting will be held on Wednesday, October 11, 2006 at 9:30 a.m. at Delaware Technical and Community College, Stanton Campus, 400 Christiana-Stanton Road, Newark, Delaware. Members desiring transportation were asked to contact Debbie Heinsch as soon as possible. Ms. Cohee, Mr. Draine Ms. Padula, and Ms. Ingram would like transportation.

ADJOURNMENT

There being no further business, Dr. Zickafoose made a motion, seconded by Ms. Cohee, to adjourn the meeting. The motion was unanimously carried. The meeting adjourned at 11:52 a.m.

Respectfully submitted,

Debbie Heinsch

Administrative Specialist II

-----------------------

2.1

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download