DELAWARE BOARD OF NURSING

Transcription

CANNON BUILDING861 SILVER LAKE BLVD., SUITE 203DOVER, DELAWARE 19904-2467TELEPHONE: (302) 744-4500FAX: (302) 739-2711WEBSITE: DPR.DELAWARE.GOVSTATE OF DELAWAREBOARD OF NURSINGEMAIL: customerservice.dpr@state.de.usPUBLIC MEETING NOTICE:BOARD OF NURSING Meeting MinutesDATE AND TIME:Wednesday, July 12, 2017 at 9:00 a.m.PLACE:Cannon Building, Second Floor Conference Room A861 Silver Lake Blvd., Dover, DE 19904MINUTES APPROVED:9/13/2017MEMBERS PRESENTPamela Zickafoose, President, RN Member, PresidingMegan Williams, Vice President, APRN MemberNancy Bastholm, RN Educator MemberGeorge Brown, Public MemberLinda Darling, RN MemberWilliam Hare, Public Member (9:03 a.m. – 12:35 p.m.)Sherry Lambertson, Public MemberMadelyn Nellius, Public MemberDavid Salati, RN MemberPamela Tyranski, RN MemberVictoria Udealer, RN MemberMEMBERS ABSENTRonald Castaldo, APRN MemberValerie Devereaux, RN MemberAngela Lewis, LPN MemberHarland Sanders, Jr., Public MemberDIVISION STAFF/DEPUTY ATTORNEY GENERAL PRESENTDavid Mangler, Division DirectorJennifer Singh, Deputy Attorney GeneralJessica Runkle, Administrative Specialist IIIALSO PRESENTMary AkhimienAbbie AliuOla AliuMerrily AmortJamie BettsMatthew BoyerTerry BrisbaneCarrie BullenCharlotte BuoniLeah CannonMichele CarneyMaci DerricksonMichele GambleKathleen GearhartHanays Haro-PurataLorena HartnettHannah KaiferSeth KucharJon LeekingBeverly Moore

Board of NursingJuly 12, 2017Page 2Jasmine NicholsonNora PerezJodi PowellSherry RobinsonShaday SchoofieldShanice SmileyMariya SotoLisa VarizJarred VincentCasey WarnerAlaina WellsJennifer ZaneCALL TO ORDERDr. Zickafoose called the meeting to order at 9:03 a.m. The Board welcomed Mr. Hare to the Board. TheBoard introduced themselves to the public.DISPOSITION OF MINUTESMeeting Minutes – June 14, 2017The Board reviewed the minutes of the June 14, 2017 meeting. Mr. Brown moved, seconded by Ms.Bastholm, to approve the minutes as presented. The motion carried with Mr. Hare, Ms. Nellius, and Ms.Udealer abstaining.ADOPTION OF THE AGENDADr. Zickafoose moved, seconded by Mr. Salati, to accept the agenda as presented. The motion carriedunanimously.ACTIVITIES REPORTMr. Mangler reported the number and types of active licenses as of July 3, 2017.RN 18,931 (RN permits 9) (GN permits 10)LPN 2,869 (LPN permits 1) (GPN permits 0)APRN 1,468 (APRN permits 2)Advanced Practice Registered Nurses: NP 1,062; CRNA 356; CNS 184; CNM 46Total permits 22Total Active Licenses 23,448UNFINISHED BUSINESSThere was no unfinished business before the Board.COMMITTEE REPORTSThere were no committee reports.PRESIDENT’S REPORTDr. Zickafoose noted that this is her first Board meeting as President, and is looking forward to workingwith Board members in the future. Delaware was the 25th state to enact in to law the enhanced NurseLicensure Compact (eNLC). Dr. Zickafoose announced that NBCRNA are now members of the NURSYSdatabase.Lastly, Dr. Zickafoose advised the Board that she intends to participate in NCSBN’s President’sConference call scheduled during the week of July 17, 2017.

Board of NursingJuly 12, 2017Page 3EXECUTIVE DIRECTOR’S REPORTMr. Mangler informed the Board that the CRNA database will allow the Board to move towards usingNURSYS as the single primary source verification of national certifications and licensure for APRNs.Mr. Mangler attended the eNLC Transition Commission meeting which was held on June 29 – 30, 2017.The purpose of the meeting was to complete the initial draft of a month-by-month, six month roll-out planfor the eNLC that is not yet finalized. The plan heavily focuses on communication strategies andmessaging. The implications around grandfathering will be complex. There are five states that will remainin the old compact after the eNLC becomes active. Those states are currently working on eNLClegislation.Mr. Mangler will be attending the NCSBN Annual Meeting with Dr. Zickafoose and Dr. Williams, which willbe held August 16 – 18, 2017. He and Dr. Zickafoose will also be attending the Nurse Licensure CompactAdministrator meeting which is scheduled for August 15, 2017.NEW BUSINESS BEFORE THE BOARDLicensee Applicant ReviewsBrandon Byrd, GPN – ExaminationMr. Byrd graduated from Delaware Skills Center in June 2017. Court documents show TerroristicThreatening from April 2006. Mr. Byrd submitted a written explanation regarding his criminal history andsix letters of reference for consideration. Ms. Nellius moved, seconded by Ms. Lambertson, to grant awaiver for the disqualifier and to sit for the NCLEX. Motion carried with Mr. Hare abstaining.Shiekhyla Abdul-Rahman, LPN – EndorsementMs. Abdul-Rahman graduated from Prism Career Institute in 2011. Ms. Abdul-Rahman answered “yes” toquestion #18, indicating that her license was disciplined by the Pennsylvania Board of Nursing in August2016. A written explanation and documentation from the Pennsylvania Board of Nursing were submittedfor consideration. Ms. Udealer moved, seconded by Dr. Williams, to grant a waiver for licensure byendorsement. Motion carried with Mr. Brown opposing.Disciplinary HearingsHearing on Proposal to withdraw Board approval of Adoni Health Institute FKA Leads School ofTechnology (9:15 a.m.)See attached hearing minutes.The Board observed a brief recess from 1:26 p.m. until 1:58 p.m.Bonnie Neagle, RN (Proposal to Deny) 2:00 p.m.See attached hearing minutes.NEW BUSINESS BEFORE THE BOARD

Board of NursingJuly 12, 2017Page 4Licensee Applicant ReviewsClay Barnes, RN - EndorsementMr. Barnes graduated from Eastern Kentucky University in May 1984. Mr. Barnes answered “yes” toquestion # 19, indicating that his license was disciplined in Illinois in June 2004. The disciplinarydocumentation was provided to the Board for consideration. Ms. Udealer moved, seconded by Ms.Nellius, to grant a waiver for licensure by endorsement. Motion unanimously carried.Amy Bush, RN – EndorsementMs. Bush graduated from Frankford Hospital School of Nursing in December 1997. Ms. Bush answered“no” to questions # 16 and # 24, denying that she has ever been denied a nursing license and that shehas never been dependent on the use of alcohol, stimulants, or habit-forming drugs. She was deniedlicensure in the State of Texas in 2011, for producing a specimen for a pre-employment drug screenwhich tested positive. The disciplinary documentation was provided to the Board for consideration. Ms.Bush submitted a letter of explanation and supporting documentation from the Pennsylvania Peer NurseAssistance Program (PNAP) for consideration. Ms. Bastholm moved, seconded by Ms. Lambertson, togrant a waiver for licensure by endorsement. Motion unanimously carried.Kelsey McMahan, LPN - EndorsementMs. McMahan graduated from the Charles H. Bohlen Technical Center in June 2013. She answered “yes”to question #18, indicating that her license has been disciplined in Alaska in January 2016. Thedisciplinary documentation was provided to the Board for consideration. Mr. Salati moved, seconded byMr. Brown, to grant a waiver for licensure by endorsement. Motion unanimously carried.Samuel Puvandi, RN - EndorsementMr. Puvandi graduated from Med-life Institute in October 2016. The reference form submitted by Med-LifeInstitute on Mr. Puvandi’s behalf, indicated that he did not obtain 400 hours of clinical experience, andnoted that he was a transfer student. Dr. Williams moved, seconded by Ms. Udealer, to table theapplication pending clarification regarding the total number of clinical experience hours Mr. Puvandiaccrued, and to designate Dr. Zickafoose to review the application upon receipt of the requesteddocumentation. The application and supporting documents shall be sent to Dr. Zickafoose to determine iflicensure shall be granted. Motion unanimously carried.ComplaintsMr. Salati moved, seconded by Ms. Tyranski, to ratify the following complaint assignments given to therespective Board contact person as noted below. Motion unanimously carried.11-18-17 (Devereaux)The Board was advised that the following complaints have been closed as noted below.Closed Investigations by the Division of Professional Regulation11-36-17

Board of NursingJuly 12, 2017Page 5Dismissed by the Attorney General’s Office11-79-1511-102-16 11-02-17Appointment of Hearing Panel #31Dr. Zickafoose thanked Mr. Salati, Ms. Lewis, and Mr. Brown for serving on Hearing Panel #30. Sheappointed Ms. Udealer (chair), Ms. Bastholm, and Ms. Lambertson to serve on Hearing Panel #31 duringthe months of August, September, and October 2017.Consideration of Consent AgreementsNatasha Benson, RN (Case 11-103-16)The Board considered the Consent Agreement for Natasha Benson, RN. Dr. Williams moved, secondedby Mr. Brown, to accept the Consent Agreement. Motion carried with Ms. Darling recusing.Kevin Fleming, RN (Case 11-26-17)The Board considered the Consent Agreement for Kevin Fleming, RN. Mr. Salati moved, seconded byMr. Brown, to accept the Consent Agreement. Motion unanimously carried.Review and Consideration of Hearing Officer RecommendationsSusan Griest, RN (Cases 11-47-16 & 11-80-16)The Board considered the Hearing Officer recommendations for Susan Griest, RN. Ms. Lambertsonmoved, seconded by Ms. Darling, to accept the conclusions of law, findings of fact and recommendeddiscipline. Ms. Griest’s license will be suspended until no sooner than January 22, 2019. On or after theperiod of suspension Ms. Griest may petition the Board to convert her suspension to probation for anadditional two years. Motion unanimously carried.Lisa Weber, RN (Case 11-99-16)The Board considered the Hearing Officer recommendations for Lisa Weber, RN. Ms. Udealer moved,seconded by Ms. Nellius, to accept the conclusions of law, findings of fact and recommended discipline.Motion unanimously carried. Ms. Weber’s license will be suspended indefinitely. Motion unanimouslycarried.Legislative UpdateMr. Mangler advised the Board that Senate Bill 44 with Senate Amendment 1 is awaiting signature by theGovernor. The bill corrects a flaw in the Code regarding individuals issued a Controlled SubstanceRegistration regarding the requirement to “register” in the Prescription Monitoring Program.Senate Bill 59 with Senate Amendment 1 was signed by Governor Carney on June 30, 2017, makingDelaware the 25th State to enact the eNLC.Senate Bill 62 with Senate Amendment 1, which requires a BSN for school nurses, was left in the HouseCommittee.

Board of NursingJuly 12, 2017Page 6Senate Bill 63 with Senate Amendment 1 is awaiting signature by the Governor. The bill “cleans-up” thecurrent statute, clarifies statutory language pertaining to APRNs, and adds a “duty to self-report”.Senate Bill 83 raises Board member compensation per calendar year from 500.00 to 1,500.00, isawaiting signature by the Governor.Review of ComplianceGenevieve Howell, LPN (Compliant)Ms. Howell complied with the June 16, 2015 Order, and her probation was lifted on June 16, 2017. Ms.Howell now holds an active, unrestricted licensed.Diane Carey, RN (Compliant)Ms. Carey complied with the November 13, 2013 Order, and her probation was lifted on June 17, 2017.Ms. Carey now holds an active, unrestricted licensed.Mafuantem Morfaw, RN (Compliant)Ms. Morfaw complied with the June 11, 2014 Order, and her probation was lifted on June 15, 2017. Ms.Morfaw now holds an active, unrestricted licensed.Kyle Lambert, RN (Compliant)Mr. Lambert complied with the CE component of the January 20, 2017 Order.Amy Tomko, NP, RN (Compliant)Ms. Tomko complied with the April 12, 2017 Order.Joanne Bogardus, RN (Compliant)Ms. Bogardus complied with the CE component of the March 8, 2017 Order. Her license will remainsuspended until March 8, 2018.Megan Kerwin, LPN (Compliant)Ms. Kerwin complied with the CE component of the April 12, 2017 Order.Leslie Hensley, CRNA, RN (Compliant)Ms. Hensley successfully complied the July 16, 2013 Order. Her probation is scheduled to be lifted onJuly 16, 2017.Practice Without Licensure Reviews (July 2017)There were no practice without licensure reviews.Practice IssuesThere were no practice issues.

Board of NursingJuly 12, 2017Page 7Educational IssuesDelaware Skills Center – ACEN AccreditationThe Board was notified that the Delaware Skills Center has achieved ACEN candidacy for the practicalnursing program.Margaret H. Rollins School of Nursing – Clinical Facilities RequestThe Board reviewed Margaret H. Rollins School of Nursing’s request to add a new clinical site atGeorgetown Middle School. Ms. Darling moved, seconded by Ms. Udealer to approve the clinical facilitiesrequest. Motion unanimously carriedThe Board was informed that established schools that have current full approval are not required to getapproval from the Board for new clinical facilities. Instead, the schools would report the clinical facilities intheir annual report.Licensure IssuesRequest to Reduce Length of Disciplinary Period – Dianne Varanko, RNThe Board reviewed correspondence from Dianne Varanko requesting to reduce the length of herprobation. Dr. Williams moved, seconded by Ms. Darling, to deny Ms. Varanko’s request, as there is noprovision in the Order that would allow Ms. Varanko to petition the Board to lift the probation prior to thethree year requirement. Motion carried with Mr. Brown abstaining.Request for Approval of Online LPN Refresher Course – Leland Shoun, LPNThe Board considered Mr. Shoun’s request for approval of an online LPN Refresher course. Currently,there are no LPN refresher programs being offered within the State. Ms. Udealer moved, seconded byMs. Lambertson to table the request, in order to contact Innovated Academic Solutions and suggest thatthey consider becoming an approved continuing education provider in the State of Delaware. The Boardwill consider Mr. Shoun’s request during the September meeting. Motion unanimously carried.LICENSEE APPROVALMs. Udealer moved, seconded by Ms. Tyranski, to ratify the attached licensee list. Motion unanimouslycarried.OTHER BUSINESSMs. Singh advised the Board that Adoni Health Institute FKA Leads School of Technology, has expressedthat they will file a motion to stay. Ms. Singh recommended that the Board consent to the stay. Ms.Tyranski moved, seconded by Ms. Nellius, to approve Adoni Health Institute’s request for a stay. Motioncarried with Dr. Zickafoose recusing.NEXT MEETINGThe Board’s next meeting is scheduled for September 13, 2017, at 9:00 a.m., in Conference Room A, ofthe Cannon Bldg., 861 Silver Lake Blvd., Dover, Delaware.

Board of NursingJuly 12, 2017Page 8PUBLIC COMMENTThere was no public comment.ADJOURNMENTThe meeting adjourned at 3:01 p.m.Respectfully Submitted,Jessica M. RunkleAdministrative Specialist IIIDelaware Board of Nursing

Board of NursingJuly 12, 2017Page 9HEARING MINUTESHEARING – Proposal to withdraw Board approval of Adoni Health Institute FKA LeadsSchool of TechnologyPRESENT:Pamela Zickafoose, Nancy Bastholm, George Brown, Linda Darling, William Hare,Madelyn Nellius, David Salati, Pamela Tyranski, Victoria Udealer, Megan WilliamsRECUSED:Pamela ZickafooseEXCUSED:NonePURPOSE:Proposal to withdraw Board ApprovalPRESIDING:Megan Williams, Vice PresidentBOARD STAFF: Jessica Williams, Administrative Specialist IIIDEPUTY ATTORNEY GENERAL FOR THE BOARD: Jennifer Singh, DAGTIME STARTED: 9:15 a.m.Mr. Boyer, representing Adoni Health Institute FKA Leads School of Technology, submitted a preliminaryMotion that he requested to present to the Board prior to the commencement of the hearing. Adoni’sMotion was to preclude the Board from expanding the record from what was presented at the originalJune 2015 hearing. Mr. Boyer marked the written Motion with the Superior Court’s July 29, 2016 Opinionattached as Adoni’s preliminary Motion Exhibit 1.At 10:06 a.m. the Board entered into deliberations regarding the preliminary Motion.At 10:28 a.m. Deliberations concluded and the Board voted to deny the Adoni Motion. The Boardobserved a brief recess from 10:28 a.m. until 10:38 a.m. in order to upload the exhibits for viewing. Thefollowing exhibits were admitted onto the record:Board Exhibits 1 - 17:Student cohort lists from April, 2011 through October, 2016, including dates ofenrollment and transcripts for each studentBoard Exhibit 18:Spreadsheet Summarization of data set forth in student lists for cohortsbeginning in October 2012 and ending in September 2015Board Exhibit 19:February 8, 2017 withdrawal noticeBoard Exhibit 20:June 9, 2017 Hearing NoticeBoard Exhibit 21:Redacted 2017 NCLEX scoresAdoni Exhibit 1:2015 and 2016 NCLEX scoresAdoni Exhibit 2:2016 Annual Report

Board of NursingJuly 12, 2017Page 10Adoni Exhibit 3:October 18, 2016 letter from Board to Adoni regarding ongoing deficienciesnoted by Practice and Education Committee.Mr. Boyer presented his case on behalf of Adoni Health Institute FKA Leads School of Technology. Dr.Gambardella was sworn in and answered questions posed by Mr. Boyer and Board members. Dr. Aliuwas sworn in by Ms. Akhimien and answered questions posed by Ms. Akimien and board members.The Board observed a brief recess from 12:34 p.m. until 12:42 p.m.Mr. Boyer presented closing remarks to the Board. The Board entered into deliberations at 12:54 p.m.until 1:25 p.m. Ms. Nellius moved, seconded by Ms. Bastholm to continue withdrawal of the programbased on Adoni’s repeated misrepresentations to the Board about the length of its curriculum. Motioncarried with Ms. Udealer opposing.The hearing concluded at 1:26 p.m.

Board of NursingJuly 12, 2017Page 11HEARING MINUTESHEARING – Bonnie NeaglePRESENT:Pamela Zickafoose, Nancy Bastholm, George Brown, Linda Darling, William Hare,Madelyn Nellius, David Salati, Pamela Tyranski, Victoria Udealer, Megan WilliamsRECUSED:NoneEXCUSED:NonePURPOSE:Proposal to DenyPRESIDING:Pamela Zickafoose, PresidentBOARD STAFF: David Mangler DirectorJessica Williams, Administrative Specialist IIIDEPUTY ATTORNEY GENERAL FOR THE BOARD: Jennifer Singh, DAGTIME STARTED: 2:00 p.m.At 2:00 p.m., Dr. Zickafoose called the proposal to deny hearing for Bonnie Neagle to order. The Boardintroduced themselves for the record. Verbatim testimony was recorded electronically. Ms. Neagle waspresent and verified she waived her right to be represented by counsel. Ms. Singh stated the purpose ofthe hearing. The following was marked as Board Exhibit 1: the June 9, 2017 notice of hearing,correspondence dated the May 23, 2017 notifying Ms. Neagle of the Board’s proposal to deny herapplication, and a complete copy of Ms. Neagle’s application for licensure by endorsement.Ms. Neagle was sworn in, presented her case, and responded to questions asked by Board members.The Board entered into deliberations and 2:08 p.m. and concluded at 2:09 p.m. Ms. Udealer moved,seconded by Mr. Salati, to grant a waiver for licensure by endorsement. Motion carried with Ms. Tyranskiabstaining.The hearing concluded at 2:09 p.m.

Board of NursingJuly 12, 2017Page 12APRN Licensee Listing for July 2017Name**Boone, Amanda D. Blackwell**Bradley, Ramona Bruno**Coffey, Kim M**Diehl, Pui See Jenny Yeung**Ndon, Jordona J.**Newton-Freeman, KaWansi E.**O'Keefe, Hope L. SchwalmSabatino, Christine M. Fenyus**Slusser, Mary J. Durham**Thebe, Sharon**Travis, Kimberly C. Watson**Troutman, Diane L. SuttonLicense TypeFamily NPAdult/Gerontology NPAdult/Gerontology NPFamily NPFamily NPFamily NPAdult/Gerontology NPAdult/Gerontology NPFamily NPAdult/Gerontology NPAdult/Gerontology NPFamily NP** Indicates Prescriptive Authority was issuedJuly 2017 Licensee Listing – RN’s 50529L1-0050521L1-0050536Elikanah GachekeHan-Ting ChenLauren Marie EspositoPatricia A. Lynch PannillJaclyn M. Rasi ThrossellTaylor Nicole PayneRebecca A. RyanEmily Elizabeth LottAbbigail L. Trumpower SmithJosephine A. Owiyo O

Ms. Bush graduated from Frankford Hospital School of Nursing in December 1997. Ms. Bush answered “no” to questions # 16 and # 24, denying that she has ever been denied a nursing license and that she has never been dependent on the use of alcohol, stimulants, or habit-forming drugs. She was denied