State of Nevada

Nevada State Board of Nursing
". . . protecting the public's health, safety and welfare 
through effective nursing regulation . . ."

Seal of Nevada

 

Minutes of Board Retreat
July 23-25, 2003

 

 

CALL TO ORDER

The Annual Board Retreat of the Nevada State Board of Nursing was called to order by the President Patricia Shutt, LPN, at 9:05 a.m. on July 23, 2003, at David Walley’s Resort, Gazebo, Highway 206, Genoa, Nevada 89411

 

MEMBERS PRESENT

Patricia Shutt, LPN, President

 MaryAnn Lambert, MSN, RN, Vice President

Helen Vos, MS, RN, Secretary (July 25, 2003 only)

Cookie Bible, BSN, RNC, APN

Elena Lopez-Bowlan, MS, RN, APN, Member

Dorothy Perkins, CNA, Member

MEMBERS ABSENT

Consumer Member (position vacant)

 

OTHERS PRESENT

Debra Scott, MS, RN, Executive Director

Donald Rennie, MSN, RN, AED for Licensure and Certification

Robert Buck, BSN, RN, Associate Director for Compliance

Chris Sansom, RN Associate Director for Practice

Keith Marcher, Senior Deputy Attorney General

Mary Flannigan, Accountant (July 25, 2003)

Robin Patten, Management Assistant (July 24, 2003)

Teri Troke, Administrative Assistant (July 24 & 25, 2003)

Cindy Kimball, Information Officer

Susan Thomas, Certified Court Reporter #655  (July 23, 2003)

Lisa Young, Certified Court Reporter #353  (July 24, 2003)

Carol Hummel, Certified Court Reporter #340  (July 25, 2003)

 OPEN FORUM

There were no issues presented.

APPROVAL OF CONSENT AGENDA

It was moved and seconded the board approve the Consent Agenda, identified as items:  A.1-2, 4; B.1, D.8.a-c, 9.a-b; E.1-2.  C. Bible recused on D.8.a.  M. A. Lambert recused on D.9.b. MOTION CARRIED. 

A.     BOARD GOVERNANCE AND ADMINISTRATION

1.       Approval of minutes of May 7-9, 2003 Regular Board Meeting:  Approved under the Consent Agenda. 

2.       Annual review of Code of Ethics, Board member roles and responsibilities, and Board function list:  Approved under the Consent Agenda. 

3.       Review and discuss FY 2002-03 accomplishments:  Oral presentation by D. Scott.  Board- established priorities for past year included governance and administration, nursing practice, discipline, education, licensure and certification.  A summary of the Board’s accomplishments related to their 2002-03 priorities was presented.   Highlights included: active participation in the recent legislative session providing crucial testimony on many health care issues; development and distribution of a Spanish language consumer brochure; Reno office relocation and reorganization; and renegotiation of the CNA contract. 

4.       Review Mission Statement:  Approved under the Consent Agenda. 

5.       Review and discuss proposed FY 03/04 priorities: Oral presentation by D. Scott and C. Kimball.  The board recommended inclusion of bio-terrorism education, foreign nurse licensure process, and apprentice nurse program into the appropriate area of priorities.   

6.       Laws and regulations:  Public Hearing – Notice of Intent to Adopt Regulations

a.         NAC 632.190:  It was moved and seconded the board approve the proposed regulation as written.  MOTION CARRIED.

b.        NAC 632.210: Public comments received prior to the hearing were read into the record by P. Shutt, President.  It was moved and seconded the board approve the proposed regulation as written.  MOTION CARRIED. 

7.       Annual review of statistics and trends:  Discussion postponed to a future board meeting.

8.       Review and discussion of newsletter proposal:  Oral presentation by C. Kimball.  An opportunity exists to change the current newsletter to a full-color magazine format.  This type of newsletter would be published quarterly, at no expense to the board, and would be distributed free to all RNs, LPNs and CNAs.  The board directed staff to pursue this type of publication for the newsletter.

9.       Preliminary review FY 02/03 financial statement:  Discussion postponed to the September board meeting.

10.   NSF check review FY 02/03:  Discussion postponed to a future board meeting.

11.   National Council State Board of Nursing: 

a.         Selection of delegates for Delegate Assembly 2003:  It was moved and seconded the board select P. Shutt and D. Scott as the primary delegates and C. Bible and C. Sansom as the alternate delegates.  MOTION CARRIED.

b.        Direction to delegates for Delegate Assembly 2003:  No specific guidance was given to the delegates.  The board member consensus was that complete and relevant information on pertinent issues would only be available at the time of delegate assembly.  The delegates should have access to all available information for decision making and voting.

12.   Words from the President: P. Shutt discussed the need for the board to evaluate the processes it uses and to explore new options in doing business more efficiently.  Each board member brings unique expertise and experiences to the board, which makes them a valuable contributor in meeting the board’s mission. 

13.   Report from legislative liaison-Fred Hillerby:  Oral presentation.  During the regular legislative session, AB 22 passed clarifying approval/accreditation language related to nursing programs.  AB 310, a bill related to nurse staffing, was referred to the Interim Health Care Committee for study with a report due June 2004.  AB 250, a bill on bio-terrorism, passed mandating specific educational requirements of all licensed professionals.  SB 93, a bill on mutual recognition, did not pass.  An overview of the events and results of the special sessions related to budgetary issues was presented.  

14.   Discussion regarding future Board legal services:  Oral presentation by D. Scott and K. Marcher.  Beginning with the new fiscal year, the board will be required to pay at an hourly rate for legal services provided by the Attorney General’s Office.  The board discussed the options of maintaining its current system of obtaining legal services, reducing the amount of service needed, or hiring its own attorney.  The board directed the executive director to explore the various options discussed. 

15.   “Professional Codependency”–an interactive presentation:  Professional development presentation by Tom Lavin, MFT, ACATA.  The presentation discussed an overview of behavioral patterns of codependency.  It was noted that the well-meaning intentions of others, such a friends, family, and regulators may create enabling behaviors and situations that promote codependency.  The board’s Alternative Program and the stages of chemical dependency were discussed.  Individuals reaching a stage of contemplation for change and demonstrating a determination to change exhibit the best likelihood of successful recovery.    

 

B.     LICENSURE PROGRAMS

1.       Citizen Advocacy Center competency seminar report:  To be reported thru memorandum.

2.       Nursing Schools

a.         Update on National League for Nursing Accreditation Commission and the Collegiate Commission on Nursing Education:  Oral presentation by D. Rennie.  A comparison of the two accrediting bodies indicated there were many similarities in their processes.  Differences were noted in costs of surveys, types of programs accredited and length of accreditation period.  NLNAC accredits practical nurse programs, diploma nurse programs, associate degree nurse programs, baccalaureate and master’s degree nursing programs.  CCNE only accredits baccalaureate and master’s degree nursing programs.  Accreditation from NLNAC can be up to 8 years, while CCNE accredits for periods up to 10 years.  Both agencies are board approved for the accreditation of nursing programs.

b.        Request for approval of CCSN LPN refresher course:  Oral presentation by D. Rennie and Deborah Ain, RN, MS, Director, Community College of Southern Nevada.  It was moved and seconded the board approve the LPN refresher course from the Community College of Southern Nevada.  MOTION CARRIED

c.         Request for approval of RN/LPN refresher courses–South Dakota State University and Greenville Technical College:  Oral presentation by D. Rennie.  It was moved and seconded the board not approve the refresher courses.  MOTION CARRIED.

3.       Discussion of temporary license/certificate:  Postponed to a future board meeting.

4.       Update on foreign nurse graduate license:  Oral presentation by D. Rennie.  A review of issues related to the foreign nurse licensure process, which changed in February 2002, was presented.  Specific issues presented related to recruiters, applicants, nursing educational programs and documentation.  It was moved and seconded the board approve the revisions to the International Graduate Policy to be effective August 1, 2003.  MOTION CARRIED.   

5.       Online renewal report:  Oral report and computer demonstration by M. Flannigan.  A program framework has been developed that will interface with the existing licensure database. Beta testing is set to begin shortly.  It is anticipated this service will be available in the near future.   

 

C.     CERTIFICATION PROGRAMS

1.       Nursing Assistant Training Program-survey for April and May 2003:  Approved under the Consent Agenda. 

2.       CNA examination presentation by Paul Dorrance:  D&S Diversified Technologies is a company that offers a complete program of CNA certification testing.  The program includes examination registration, written testing, manual skills testing and issuance of test results within 24 hours.  The company currently has contracts with 8 states to do CNA certification testing.  The company has amassed a large pool of test questions but also seeks state specific input through an in-state test question development committee.  Test results include skills passed, failed, steps within a skill failed, training facility reports, and key vocabulary words the applicant has difficulty mastering.  It was moved and seconded to have board staff review current testing costs and other related issues with a report due back in September 2003.  MOTION CARRIED.     

Appointment to CNA Advisory Committee:  It was moved and seconded the board appoint Larry Searles, RN to the committee.  MOTION CARRIED.

D.     DISCIPLINE PROGRAMS

1.       Queenie Byas, LPN10668, consideration of Settlement Agreement: Respondent was not present.  It was moved and seconded the board accept the Settlement Agreement as written.  MOTION CARRIED.

2.       Discussion of disciplinary research project: Presentation of disciplinary statistics by D. Scott and C. Sansom.  The research project is a preliminary report based on accumulation of probation statistics, ratifications of staff denials, and outcomes, for the preceding five years.   Probation statistics will continue to be collected by the Associate Director for Compliance, and ratifications of staff denials will be collected by the Associate Director for Practice. Statistical reports will be presented to the Board at least annually.

3.       Update on NCPS-random urine drug screen program:  Oral presentation by R. Buck addressing               National Confederation of Professional Services (NCPS) information received by Board staff, the processing of NCPS information by Board staff, current Nevada collection sites and procedures for becoming an authorized NCPS collection site.

4.       Board member orientation to discipline: Oral presentation by C. Sansom and K. Marcher. Presentation included the complaint process, fraudulent applications, investigation, current Board policy related to discipline, administrative review, Board meetings and follow-up.  The Board directed staff to develop a form that generally outlines each section of the discipline agenda, and all options available within that section, which may be referred to by the Board in their decision making process. Oral presentation by R. Buck addressing the Board’s Alternative Program and Disciplinary Probation.

5.       Review and discussion of proposed revision to “Yes Answer Regarding Malpractice” Policy: Discussion ensued regarding the current policy, the effectiveness of the process, and the recommended revision to the policy. It was moved and seconded the board accept the revised         “Yes Answer Regarding Malpractice” policy as written.  MOTION CARRIED.

6.       Review and discussion of proposed revision of “Yes Answer” Policy:  Discussion ensued          regarding the current policy, and the recommendations for revision of the current policy related                       juvenile offenses.  It was moved and seconded the board accept the proposed “Yes Answer”      policy revision as written.  MOTION CARRIED.

7.       Discussion of felony bars:  Continued until a later board meeting.

8.       Termination of Probation:

a.    Judy Thomas, RN14868:  Termination of probation approved under the consent                      agenda.

b.       Jennifer Peck, CNA012897:  Termination of probation approved under the consent    agenda.

c.       Librada Philip, RN06089 :  Termination of probation approved under the consent agenda.

9.       Settlement Agreements:

a.       James Murphy, RN29299: Voluntary Surrender of License/Certificate in Lieu of Other Disciplinary Action for violation of NRS 632.320 (7) unprofessional conduct, and NAC 632.890 (25) failing to observe the conditions, signs and symptoms of a  patient or take action and (27) customary standards. Approved under the consent agenda.

b.      Julie Korman, RN29215: Voluntary Surrender of License/Certificate in Lieu of Other Disciplinary Action for violation of NRS 632.320 (5) controlled substances, (7) unprofessional conduct, and NAC 632.890 (18) diversion. Approved under the consent agenda.

10.   Application in Question:

a.Jose Febre, Jr., RN33269:  Applicant was present with legal counsel. It was moved and seconded the board close the meeting to consider the character, alleged misconduct, or professional competence of the applicant. MOTION CARRIED. It was moved and seconded the board reopen the meeting. MOTION CARRIED.  It was moved and seconded the board accept the renewal application for licensure. MOTION CARRIED.

E.     EDUCATION

1.       Annual adoption of Board Practice decision:  Approved under the Consent Agenda. 

2.       Nevada State College-6month report:  Approved under the Consent Agenda. 

3.       Discussion proposal for NSBN as CE provider:  Oral presentation by D. Scott and C. Kimball.  It was moved and seconded the board accept the proposal to become an approved CE provider.  MOTION CARRIED.

4.       Update on nursing programs that conduct a portion in Nevada:  Oral presentation by D. Rennie.  It was moved and seconded the board re-approve all schools with the exception of Excelsior College.  MOTION CARRIED.

5.       Excelsior College Presentation by Dr. Bridgett Nettleton:  Excelsior College (formerly Regents of New York) offers the opportunity for qualified persons to obtain a nursing degree, either an associate degree in nursing or a baccalaureate degree in nursing.  Graduates are eligible to take the national licensing examination.  The program requires the completion of 7 core-nursing courses and a 2-½ day Clinical Performance in Nursing Examination.  The program is self-paced.  Periodically Excelsior College staff members will conduct workshops around the country to help students identify their learning styles and the appropriate use of learning resources.  Students may receive general education credit for coursework completed at other colleges and universities.  Historically, the pass rate on the NCLEX licensing examination for Excelsior exceeds the national average for all first time test takers from all nursing programs.  Potential applicants do not need to enroll in third party tutorial services to complete the program.   

6.       Orvis School of Nursing proposed curriculum change presentation by Dr. Scholler-Jacquish:  It was moved and seconded the board approve the curriculum revisions as proposed.  MOTION CARRIED.

 

F.      NURSING PRACTICE

1.       Statutes and regulations regarding wording and concept:

a.         Discussion and review of NAC 632.450 Procedures delegable to licensed practical nurses:  It was moved and seconded the board accept the proposed regulation as written.   MOTION CARRIED.

b.        Discussion and review of NAC 632.455 Procedures not delegable to licensed practical nurses:  It was moved and seconded the board accept the wording and concept of the proposed regulation as written.  MOTION CARRIED.

c.         Discussion and review of NAC 632.242 Additional duties in area of specialization:  It was moved and seconded the board accept the wording and concept of the proposed regulation as written.  MOTION CARRIED.

2.       Discussion of nursing practice issues:

a.         Interim Healthcare Committee study:  Cynthia Bunch, RN, President of the Nevada Nurses Association and Lisa Black, Executive Director of NNA stated their desire for NNA and the board to work closely in the process of review of information and proposals that are presented in this study.  Cynthia Bunch also requested that the agenda items of F.2.a-d be presented to the advisory committees and NNA and that they be allowed to dialogue these issues and provide input. 

b.        Right to refuse unsafe assignments: Dianne Long, RN, NNA, discussed nurses concerns related to the right and process to refuse an unsafe assignment.  She stated that nurses are concerned that they would lose their license for refusing an assignment.  

c.         Delegation and supervision: Cynthia Bunch, RN, President of NNA, discussed nurses’ concerns in the role of delegation.  In particular, nurses are concerned with their responsibilities and liabilities related to delegation.  D. Scott requested that specific concerns be placed in writing for referral to the appropriate board committee.  .  H. Vos and M. A. Lambert also discussed the importance of communication between the nurse and the persons in the nurse’s supervisory system.

d.        Patient safety concerns:  Discussion ensued among board members and the members of the NNA Executive Committee.  Both groups believe this is a vital issue that all nurses should be cognizant of and hold as a primary function of nursing. 

3.                    Review of proposed practice decision regarding vein harvesting: Oral presentation by D. Scott and Karen Schrimpf, RN, CRNFA, CNOR.  Discussion of the proposed practice decision referred from the Nursing Practice Advisory Committee ensued.  It was moved and seconded the board continue the practice decision with review of suggested revisions at the September Board meeting. MOTION CARRIED.

 

ADJOURNMENT

The meeting was adjourned at 3:15 p.m. on Friday, July 25, 2003.


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