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The
Regular Meeting of the Nevada State Board of Nursing was called to order by
President Helen Vos, MSN, RN, at 9:03 a.m. on March 29, 2006, at the Meadow Wood
Courtyard, 5851 S. Virginia Street-Tahoe Room A, Reno, Nevada, 89502. MEMBERS
PRESENT Helen
Vos, MSN, RN, President David
Burgio, MS, RN, APN, Vice President Dorothy
Perkins, CNA, Secretary Doreen
Begley, MS, RN, Member Joseph
Cortez, Consumer Member Mary
Ann Lambert, MSN, RN, Member Betty
McKay, LPN, Member MEMBERS
ABSENT None OTHERS
PRESENT Debra
Scott, MS, RN, Executive Director Chris
Sansom, RN, Director of Operations Fred
Olmstead, General Counsel Cindy
Kimball, Information Officer Dean
Estes, Accountant/Technology Officer Donna
Cowling, MSN, RN, Education Consultant Robert
Buck, BSN, RN, Application Coordinator Kathleen
Reynolds, BHS, RN, Compliance Coordinator Keith
Marcher, Board Counsel (3/30/06) Deborah
L. Cecere, Sunshine Litigation Services & Technologies, RPR, CCR #324
(3/29/06) Susan
Culp, Sunshine Litigation Services & Technologies, CCR #343 (3/30/06)
CALL
TO ORDER – 9:03 a.m. PUBLIC
COMMENT: There was no public comment. APPROVAL OF CONSENT AGENDA It was moved and seconded to approve the Consent Agenda, identified as items: A.1, 3, C.2, D.2.a-e and D.2.g-l, D.3.a-d, and D.8.a-b D.8.d-e, F.3.a. MOTION CARRIED. M. A Lambert recused herself on D.2.j and D.3.b and H. Vos recused herself on D.2.b. A. BOARD GOVERNANCE AND ADMINISTRATION
g.
NAC 632.256
Records. h. NAC 632.259 Controlled substances, poisons, dangerous drugs or devices that may be prescribed; review and revision of list of drugs.
n.
NAC 632.500
Authorized functions. o.
NAC 632.530
Certificate of recognition: Issuance,
restrictions. p.
NAC 632.540
Certificate of recognition: Expiration;
renewal q.
NAC 632.545
Certificate of recognition: Expiration due to lapse in practice. r. NAC 632.550 Certificate of recognition: Revocation, suspension or denial of issuance or renewal. D. Scott and D. Burgio presented the research and discussion in the Advanced Practice Advisory Committee that led to the committee’s recommendation to revise the above regulations. Phyllis Suiter, MA, RN, APN, a committee member, added background and historical information. Proposed regulation revisions were discussed individually. Board members requested the phrase “registered professional nurse” replace the phrases “registered nurse” and “professional nurse,” in all instances where they appear in the above regulations. Scott Craigie, lobbyist for the Nevada State Medical Association, and Dr. Jerry Matsumara, president of the Nevada State Society of Anesthesiologists, gave testimony in opposition to the proposed revisions to NAC 632.500 and NAC 632.550. Craigie asked the Board to consider the change requests in statute rather than regulation. F. Olmstead agreed changing the regulations would require a statute change. D. Scott clarified that the proposed revisions to NAC 632.500 and NAC 632.550 would not change the CRNA’s role or relationship with a directing or supervising physician. It was moved and seconded to accept the agenda items A.8.a. through A.8.r with the changes discussed. MOTION CARRIED. s. NAC 632.640 Requirements for approval. D. Cowling stated the intention of the Education Advisory Committee recommendation to revise the regulation was to make it more inclusive. M. A. Lambert suggested adding “leading to initial licensure” to be consistent with the Board’s decision regarding its jurisdiction over nursing education programs. After further discussion, the Board directed staff to take the entire education section of Nevada nursing regulations back to the Education Advisory Committee for recommendations for revision. t.
NAC 632.746
Instruction in basic nursing skills. C.
Sansom and D. Perkins presented the CNA Advisory Committee recommendation to
revise the above regulation to reflect the CNA Model Curriculum as well as
current practice, and to add language allowing CNAs to report and record
information. It was moved and seconded to accept the concept and wording as
written. MOTION CARRIED.
B. LICENSURE PROGRAMS: No business. C. CERTIFICATION PROGRAMS1.
Review, discussion, and action regarding Nevada Care Nursing
Institute application to provide a Nursing Assistant Training Program: D.
Cowling gave background and history of the application. Nevada Care Institute
representatives Monica Abarro and Jacinto Marcelo discussed their application
and responded to Board member questions. It was moved and seconded to approve
the Nevada Care Nursing Institute’s application to provide a Nursing Assistant
Training Program. MOTION CARRIED. 2. Ratification of NSBN Staff Survey of the Nursing Assistant Training Program, Great Basin College: Approved under the Consent Agenda. 3. Review, discussion and action regarding changing NRS 632.2856 to increase CNA training program hours: C. Sansom described the research and discussion by the CNA Advisory Committee that led to their recommendation to increase the number of hours required for CNA training programs from 75 hours to 120 hours. She said the recommendation was based on several factors: an Office of the Inspector General study which found that nurse aide training, training hours, clinical hours, and teaching methods do not meet current patient needs; the amount of instruction that needs to be accomplished; and the current number of hours in Nevada’s 21 nursing assistant training programs (13 require more than 120 hours, five require more than 100 hours, and three require less than 100 hours). M. A. Lambert recommended that the revision read “no less than 120 hours.” It was moved and seconded that the Board request a statutory revision of NRS 632.2856 as written except for the addition of “no less than.” MOTION CARRIED. 4. Report regarding revised CNA Skills Guidelines: C. Sansom provided the background and history of the guidelines, which were developed based on the CNA Model Curriculum. Upon the recommendation of the CNA Advisory Committee, the guidelines were reformatted to mirror the model curriculum. To increase clarity, the “Examples of Tasks Not Within the Scope of a CNA” were deleted. D. DISCIPLINE PROGRAMS1. Applications (initial and renewal in question): a. Agdamag, Abraham, RN applicant: Applicant was present. It was moved and seconded the Board accept the application for licensure. Applicant must complete the Nevada Nurse Practice Act course, a course on professional nursing accountability and liability, and pay in full the remaining balance of the citations issued by the Board prior to the first renewal of Nevada licensure. MOTION CARRIED. b. Dela Pena, Lorna, RN applicant: Applicant was not present. It was moved and seconded the Board continue this matter to the May 2006 Board meeting. c. Florizel, Lumanas, RN applicant: Applicant was present with counsel. It was moved and seconded the Board accept the application for licensure. Applicant must complete the Nevada Nurse Practice Act course and a course on professional nursing accountability and liability prior to the first renewal of Nevada licensure. MOTION CARRIED. d. Reyes, Rowena, RN applicant: Applicant was present. It was moved and seconded the Board accept the application for licensure. Applicant must complete the Nevada Nurse Practice Act course and a course on professional nursing accountability and liability prior to the first renewal of Nevada licensure. MOTION CARRIED. e. Amen, Linda, CNA applicant: Applicant was not present. It was moved and seconded the Board deny the application for certification for violation of NRS 632.320 (2) criminal conviction, and order the denial become part of the applicant’s permanent record and be published and reported to all appropriate agencies. MOTION CARRIED. f. Gordon, Juli, LPN07257: Applicant was present. It was moved and seconded the Board accept the renewal application for licensure and Agreement for Probation for violation of NRS 632.320 (2) criminal conviction and (12) action in another state. MOTION CARRIED. g. Castorino, Ryan, RN applicant: Applicant was present. It was moved and seconded the Board accept the application for licensure and Agreement for Probation for violation of NRS 632.320 (2) criminal conviction. M. A. Lambert recused herself. MOTION CARRIED. h. DeFlores, Connie, CNA015361: Applicant was present. It was moved and seconded the Board accept the renewal application for certification. MOTION CARRIED. i. Kennedy, Jodi, RN applicant: Applicant was not present. It was moved and seconded the Board deny the application for licensure for violation of NRS 632.320 (2) criminal conviction, and order the denial become part of the applicant’s permanent record and be published and reported to all appropriate agencies. MOTION CARRIED. j. Nichols-Standlee, Lori, LPN applicant: Applicant was present. It was moved and seconded the Board accept the application for licensure. MOTION CARRIED. k. Keehn-Fields, Donnalee, RN applicant: Applicant was not present. It was moved and seconded the Board accept the application for licensure. MOTION CARRIED. l. Krajewski, Sandra, CNA015646 renewal applicant: This item was removed from the agenda. m. Desoto-Deboer, Dolores, LPN11646: Applicant was present. It was moved and seconded the Board deny the renewal application for licensure for violation of NRS 632.320 (2) criminal conviction, and order the denial become part of the applicant’s permanent record and be published and reported to all appropriate agencies. Prior to reapplying for licensure, applicant must submit documentation to the Board identifying the completion of all requirements associated with her criminal convictions, submit all required documentation and meet with the Board’s Disability Advisory Committee. MOTION CARRIED. n. Hughes-Wimberly, Felecia, LPN10941: Applicant was present. It was moved and seconded the Board accept the renewal application for licensure and Agreement for Probation for violation of NRS 632.320 (2) criminal conviction and (7) unprofessional conduct, and NAC 632.890 (27) customary standards of practice. MOTION CARRIED. o. Roberts, Gloria, CNA001222: Applicant was present. It was moved and seconded the Board accept the renewal application for certification. Applicant must complete all renewal requirements and successfully complete the Nevada Nurse Practice Act course within one (1) year. M. A. Lambert recused herself. MOTION CARRIED. p. Ramion, Shannon, CNA011842: Applicant was present. It was moved and seconded the Board accept the renewal application for certification. Applicant must submit fingerprint reports immediately. MOTION CARRIED. q. Purdy, Helen, LPN09197: Applicant was not present. It was moved and seconded the Board deny the application for licensure for violation of NRS 632.320 (2) criminal conviction, and order the denial become part of the applicant’s permanent record and be published and reported to all appropriate agencies. MOTION CARRIED. r. Murry-Gillock, Dorothy, RN16667: Applicant was present. It was moved and seconded the Board accept the renewal application for licensure. Applicant must submit fingerprint reports immediately. MOTION CARRIED. s. Mills, Teairra, CNA016214: Applicant was present. It was moved and seconded the Board deny the renewal application for certification for violation of NRS 632.320 (2) criminal conviction, and order the denial become part of the applicant’s permanent record and be published and reported to all appropriate agencies. MOTION CARRIED. t. King, Nancy, RN29468: Applicant was not present. It was moved and seconded the Board deny the renewal application for licensure for violation of NRS 632.320 (2) and order the denial become part of the applicant’s permanent record and be published and reported to all appropriate agencies. MOTION CARRIED. u. Kimble, Trisshawne, RN30337: Applicant was present. It was moved and seconded the Board accept the application for licensure. Applicant must submit all required court documentation within thirty (30) days and successfully complete a non-home-study course on legal ethics in nursing prior to January 2007. Failure to submit the required court documentation within thirty (30) days shall result in the immediate suspension of the applicant’s license. MOTION CARRIED. v. Jones, Eula, CNA015497: Applicant was not present. It was moved and seconded the Board deny the renewal application for certification for violation of NRS 632.320 (2) criminal conviction, and order the denial become part of the applicant’s permanent record and be published and reported to all appropriate agencies. MOTION CARRIED w. Goldman, Martha, RN applicant: Applicant was not present. It was moved and seconded the Board accept the application for licensure. MOTION CARRIED. x. Oak, Danica, LPN applicant: Applicant was not present. It was moved and seconded the Board accept the application for licensure. MOTION CARRIED. y. Sylvester, Barbara, CNA012930: Applicant was not present. It was moved and seconded the Board accept the renewal application for certification. MOTION CARRIED. z. Holloman, Aaron, RN applicant: Applicant was not present. It was moved and seconded the Board deny the application for licensure for violation of NRS 632.320 (2) criminal conviction and (12) action in another state, and order the denial become part of the applicant’s permanent record and be published and reported to all appropriate agencies. MOTION CARRIED. aa. Davis, Alisha, LPN applicant: Applicant was present. It was moved and seconded the Board accept the application for licensure. MOTION CARRIED. bb. White, Lindsey, CNA016743: Applicant was not present. It was moved and seconded the Board deny the renewal application for certification for violation of NRS 632.320 (2) criminal conviction, and order the denial become part of the applicant’s permanent record and be published and reported to all appropriate agencies. MOTION CARRIED. cc. Gillit, Helen, RN applicant: This item was removed from the agenda. 2. Settlement agreements: a. Cutler, Deborah, RN21014: Agreement for Monitoring for violation NRS 632.320 (5) controlled substances and/or alcohol (7) unprofessional conduct, and NAC 632.890 (18) diversion of equipment or drugs and (21) obtain, possess, furnish prescription drugs without authorization. Accepted under the Consent Agenda. H. Vos recused herself. b. McCorgary, Margaret, CNA012390: Agreement for monitoring for violation NRS 632.320 (5) controlled substances and/or alcohol, and (7) unprofessional conduct, and NAC 632.890 (10) positive drug screen on duty. Accepted under the Consent Agenda. c. Casazza, Susan, RN17372: Agreement for Probation for violation of NRS 632.320 (7) unprofessional conduct, and NAC 632.890 (16) failing to properly document controlled substances. Accepted under the Consent Agenda. d. Castelline, Lisa, LPN12652: Agreement for Reprimand for violation of NRS 632.320 (1) fraudulent application. Accepted under the Consent Agenda. e. Corona, Roger, LPN11291: Agreement for Fine in the amount of $100.00 for violation of NRS 632.320 (14) failing to comply with Board order. Accepted under the Consent Agenda. f. Feeback, Shirley, RN33226: It was moved and seconded the Board accept the Agreement for Reprimand for violation of NRS 632.320 (7) unprofessional conduct, and NAC 632.890 (35) failing to comply. MOTION CARRIED. g. Gutierrez, Michael, CNA013151: Voluntary Surrender of Certificate in Lieu of Other Disciplinary Action for violation of NRS 632.320 (7) unprofessional conduct, and NAC 632.890 (9) impaired practice and (27) customary standards. Accepted under the Consent Agenda. h. Louwenaar, Marilyn, RN31215: Agreement for Fine in the amount of $200.00 for violation of NRS 632.320 (7) unprofessional conduct, and NAC 632.890 (36) practicing without active license/certificate. Accepted under the Consent Agenda. i. Provenza, Jeneen, RN27935: Agreement for Fine in the amount of $200.00 for violation of NRS 632.320 (7) unprofessional conduct, and NAC 632.890 (36) practicing without active license/certificate. Accepted under the Consent Agenda. j. Steadman, Donna, RN21119: Voluntary Surrender of License in Lieu of Other Disciplinary Action for violation of NRS 632.320 (14) failing to comply with Board order. Accepted under the Consent Agenda. M. A. Lambert recused herself. k. Downing, Joseph, RN43544: Voluntary Surrender of License in Lieu of Other Disciplinary Action for violation NRS 632.320 (5) controlled substances and/or alcohol, (7) unprofessional conduct, and (14) failing to comply with Board order, and NAC 632.890 (18) diversion of equipment or drugs and (35) failing to comply. Accepted under the Consent Agenda. l. Drell, Lois, RN21934: Agreement for Fine in the amount of $200.00 for violation of NRS 632.320 (7) unprofessional conduct, and NAC 632.890 (36) practicing without an active license/certificate. Accepted under the Consent Agenda. m. Goyette, Cynthia, RN43363: Agreement for Probation for violation of NRS 632.320 (7) unprofessional conduct, and NAC 632.890 (27) customary standards of practice, (28) causing harm to a patient and (33) abuse of a patient. Accepted under the Consent Agenda. 3. Completion of probation: a. Brown, Susan, RN36977: Termination of Probation accepted under the Consent Agenda. b. Young, Timothy, RN44547: Termination of Probation accepted under the Consent Agenda. M.A. Lambert recused herself. c. Brandau, Dorothy, RN15861: Termination of Probation accepted under the Consent Agenda d. Alexander, Glenda, LPN10122: Termination of Probation accepted under the Consent Agenda. 4. Reinstatement of licensure/certification: No business. 5. Formal administrative hearings: a. Linehan, Dana, RN25746: Respondent was present. It was moved and seconded the Board close the complaint. MOTION CARRIED. b. Baldwin, Donnell, CNA011747: Respondent was not present. Pursuant to NAC 632.923, it was moved and seconded the Board find the allegations of the complaint to be true, and find the Respondent guilty of violating NRS 632.320 (1) fraudulent application. It was moved and seconded the Board revoke the Respondent’s certificate. Respondent may not apply for reinstatement for a period of five (5) years. It was moved and seconded the Board order the disciplinary action become part of the Respondent’s permanent record and be published and reported to all appropriate agencies. MOTION CARRIED. c. Becerra, Manuel, CNA018060: Respondent was not present. Pursuant to NAC 632.923, it was moved and seconded the Board find the allegations of the complaint to be true, and find the Respondent guilty of violating NRS 632.320 (7) unprofessional conduct, and NAC 632.890 (33) abusing a patient. It was moved and seconded the Board revoke the Respondent’s certificate. Respondent may not apply for reinstatement for a period of five (5) years. It was moved and seconded the Board order the disciplinary action become part of the Respondent’s permanent record and be published and reported to all appropriate agencies. MOTION CARRIED d. Brittain, Leslymae, RN49169: Respondent was not present. It was moved and seconded the Board grant a continuance of this matter to the November 2006 meeting in Reno. MOTION CARRIED. M. A. Lambert recused e. Cordle, Crystal, CNA013522: Respondent was not present. Pursuant to NAC 632.923, it was moved and seconded the Board find the allegations of the complaint to be true, and find the Respondent guilty of violating NRS 632.320 (7) unprofessional conduct, and NAC 632.890 (22) patient abandonment and (36) practicing without an active certificate. It was moved and seconded the Board revoke the Respondent’s certificate. Respondent may not apply for reinstatement for a period of two (2) years. It was moved and seconded the Board order the disciplinary action become part of the Respondent’s permanent record and be published and reported to all appropriate agencies. MOTION CARRIED. f. Fries, Lori, RN47675: Respondent was not present. It was moved and seconded the Board grant a continuance of this matter to the May 2006 meeting in Las Vegas. MOTION CARRIED. g. Pharris, Sheree, RN24557, APN000696: Respondent was present. It was moved and seconded the Board find the Respondent guilty on the basis of the Stipulation of Facts and Liability stated on the record for violation of NRS 632.320 (7) unprofessional conduct, and NAC 632.890 (36) practicing without an active license/certificate. It was moved and seconded the Board fine the Respondent in the amount of $200.00, and order that she take and successfully complete the Nevada Nurse Practice Act course prior to her next renewal. It was moved and seconded the Board order the disciplinary action become part of the Respondent’s permanent record and be published and reported to all appropriate agencies. MOTION CARRIED. D. Burgio recused himself. h. King, Lisa, LPN12917: Respondent was not present. It was moved and seconded the Board grant a continuance of this matter to the May 2006 meeting in Las Vegas. MOTION CARRIED. i. Delarwelle, Dolores, RN12187: Respondent was not present. It was moved and seconded the Board grant a continuance of this matter to the next appropriate Board meeting, but no later than November 2006. MOTION CARRIED. M. A. Lambert recused herself. j. Turner, Michael, CNA016511: Respondent was not present. Pursuant to NAC 632.923, it was moved and seconded the Board find the allegations of the complaint to be true, and find the Respondent guilty of violating NRS 632.320 (7) unprofessional conduct, and NAC 632.890 (27) customary standards of practice and (28) causing harm to a patient. It was moved and seconded the Board revoke the Respondent’s certificate. Respondent may not apply for reinstatement for a period of three (3) years. It was moved and seconded the Board order the disciplinary action become part of the Respondent’s permanent record and be published and reported to all appropriate agencies. MOTION CARRIED. k. Saner, Amberina, CNA018091: This item was removed from the agenda and the complaint closed. 6. Board-directed investigations: a. Ahmad, Judith, RN28760: It was moved and seconded the Board direct staff to investigate. MOTION CARRIED. b. Long, Gloria, RN45256: It was moved and seconded the Board direct staff to investigate. MOTION CARRIED. c. Macon, Arlyn, LPN12651: It was moved and seconded the Board direct staff to investigate. MOTION CARRIED. 7. Ratification of staff denials – NRS 632.320(1) fraudulent application: a. Stanford, Jeffrey, LPN applicant: Applicant was present to appeal the staff denial. It was moved and seconded the Board ratify the staff denial of the application for licensure for violation of NRS 632.320 (1) fraudulent application, and order the denial become part of the applicant’s permanent record and be reported to all appropriate agencies. In addition, should the applicant reapply within the next 30 days and the application has no material changes, Board staff may accept the application for further processing. MOTION CARRIED. 8. Ratification of staff denials – NRS 632.320 (2) convictions: a. Collins, Jennifer, CNA applicant: Applicant was not present. The Board ratified the staff denial of the application for certification for violation of NRS 632.320 (2) criminal conviction, and ordered the denial become part of the applicant’s permanent record and be published and reported to all appropriate agencies. Accepted under the Consent Agenda. b. Wedin, Mathew, LPN applicant: Applicant was not present. The Board ratified the staff denial of the application for certification for violation of NRS 632.320 (2) criminal conviction, and ordered the denial become part of the applicant’s permanent record and be published and reported to all appropriate agencies. Accepted under the Consent Agenda. c. Sparling, Michelle, CNA applicant: Applicant was present to appeal the staff denial. It was moved and seconded the Board overturn the staff denial and accept the application for certification. MOTION CARRIED. d. Fimby, Melissa, CNA applicant: Applicant was not present. The Board ratified the staff denial of the application for certification for violation of NRS 632.320 (2) criminal conviction, and ordered the denial become part of the applicant’s permanent record and be published and reported to all appropriate agencies. Accepted under the Consent Agenda e. Nelson, Frank, CNA applicant: Applicant was not present. The Board ratified the staff denial of the application for certification for violation of NRS 632.320 (2) criminal conviction, and ordered the denial become part of the applicant’s permanent record and be published and reported to all appropriate agencies. Accepted under the Consent Agenda 9. Special Action: a. Martensen, Karri, RN20032 refresher course applicant: Applicant was present. It was moved and seconded the Board accept the application for temporary RN licensure for refresher course. MOTION CARRIED. b. Gindeel, Faysal, RN applicant: Applicant was present. It was moved and seconded that upon the submission of application for licensure, the applicant shall be made eligible to take the NCLEX-RN. Upon passing NCLEX-RN and completion of all licensure requirements, applicant may receive a Temporary RN for Refresher Course. An RN license may be issued upon successful completion of the RN Refresher Course. MOTION CARRIED. c. Approval of application for the Disability Advisory Committee, Reno: It was moved and seconded the Board approve the application of Ann E. Testolin, RN, to the Disability Advisory Committee. MOTION CARRIED. d. Approval of applications for Nurse Support Group Facilitators: It was moved and seconded the Board approve the applications of Rebecca Koster, RN, LADC, and Roseanne Colosimo, PhD, MSN, BSN, for Nurse Support Group Facilitators. MOTION CARRIED. e. Castle, Brian, RN51219: Respondent was present with counsel. It was moved and seconded that the request for reconsideration be denied. MOTION CARRIED. f. Rowley, Douglas, LPN applicant: Applicant was present. It was moved and seconded the Board uphold the staff denial of LPN licensure by endorsement. MOTION CARRIED. E. EDUCATION
F. NURSING PRACTICE:
ADJOURNMENT Meeting
adjourned at 4:40 p.m. on March 30, 2006.
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