CALL
TO ORDER The
Regular Meeting of the Nevada State Board of Nursing was called to order by the
President, Patricia Shutt, LPN, at 9:20 a.m. on November 19, 2003, at 5851 S.
Virginia Street, Tahoe
Room A, Reno, NV 89502 MEMBERS
PRESENT Patricia
Shutt, LPN, President MaryAnn
Lambert, MSN, RN, Vice President Helen
Vos, MSN, RN, Secretary Cookie
Bible, BSN, RNC, APN, Member Dave
Burgio, MS, RN, APN, Member Joseph
Cortez, Consumer Member Dorothy
Perkins, CNA, Member MEMBERS
ABSENT None OTHERS
PRESENT Debra
Scott, MS, RN, Executive Director Donald
S. Rennie, MSN, RN, AED for Licensure and Certification (Nov. 20-21, 2003) Chris
Sansom, RN, Associate Director for Practice Robert
Buck, BSN, RN, Associate Director for Compliance Mary
Flannigan, Accountant (Nov. 20, 2003) Cindy
Kimball, Information Officer Fred
Olmstead, General Counsel Gina
Session, Board Counsel Charles
Bonney, Student Nurse Carol
Hummel, RPR, Certified Court Reporter #340 (Nov. 19, 2003) Dianne
Brumley, RPR, Certified Court Reporter #205 (Nov. 20, 2003) Michelle
Blazer, RPR, Certified Court Reporter #469 (Nov. 21, 2003) OPEN
FORUM: Nancy
Bridges, Nurse Executive, Nevada Hospital Association, addressed the Board to
introduce herself and her new role as nurse executive.
F. Olmstead, Board Counsel, discussed the “rules of evidence” as they
apply to administrative proceedings.
The topic was discussed in-depth with the opportunity for Board members
to ask specific questions. APPROVAL OF CONSENT AGENDA It was moved and seconded to approve the Consent Agenda, identified as items: A.1., 2., 8., C.1.c, , D.2.a-q, D.3.a, D.7.a-d, D.8.b-h. M. Lambert recused on D.2.p. and D.2.q. H. Vos recused on D.2.i. MOTION CARRIED. A. BOARD GOVERNANCE AND ADMINISTRATION
B. LICENSURE PROGRAMS: No business. C. CERTIFICATION PROGRAMS
a. Appointment(s) to CNA Advisory Committee: It was moved and seconded the Board appoint Barbara Fraser, MS, RN, and Vivencio Navarro, Jr, MSN, RN to the committee to represent acute care and long-term care, respectively. MOTION CARRIED. b. Ratification of approved nursing assistant program surveys: It was moved and seconded the Board approve the surveys of Highland Manor of Mesquite and Grover C. Dils Medical Center. MOTION CARRIED. c. Approval of annual report for CNA program: Tabled until January 2004 meeting.
a. Appointment(s) to Advanced Practice Advisory Committee: It was moved and seconded the Board appoint Phyllis Suiter, RN, APN, to the committee. MOTION CARRIED. D. DISCIPLINE PROGRAMS1.
Applications (initial and renewal) in question: a. Pelfrey, Nancy, RN and APN Applicant: It was moved and seconded the Board accept the applications for Registered Nurse and APN certification MOTION CARRIED. b. Bennett, Penny, RN16733: It was moved and seconded the Board accept the renewal application and issue a license with limitations pursuant to NRS 632.307. It shall be the responsibility of the applicant to use her nursing judgment to practice safely in accordance with her limitations. Unsafe practice is considered unprofessional conduct and is subject to Nevada Revised Statutes (NRS) Chapter 632. MOTION CARRIED. c. Bertelson, Mary, RN10070: Applicant was present. It was moved and seconded the Board accept the renewal application and issue a license with limitations pursuant to NRS 632.307. It shall be the responsibility of the applicant to use her nursing judgment to practice safely in accordance with her limitations. Unsafe practice is considered unprofessional conduct and is subject to Nevada Revised Statutes (NRS) Chapter 632. MOTION CARRIED. d. Chiolero, Lauren, RN30511: It was moved and seconded the Board accept the renewal application and issue a license with limitations pursuant to NRS 632.307. It shall be the responsibility of the applicant to use her nursing judgment to practice safely in accordance with her limitations. Unsafe practice is considered unprofessional conduct and is subject to Nevada Revised Statutes (NRS) Chapter 632. MOTION CARRIED. e. Corley, Janet, RN 33835: It was moved and seconded this matter be continued until applicant’s next renewal. MOTION CARRIED f.
Dillon-Strum, Deborah, LPN08335: Applicant was present. It was
moved and seconded the Board accept the renewal application and issue a license
with limitations pursuant to NRS 632.307. It shall be the responsibility of the applicant to use her
nursing judgment to practice safely in accordance with her limitations.
Unsafe practice is considered unprofessional conduct and is subject to
Nevada Revised Statutes (NRS) Chapter 632.
MOTION CARRIED. g.
Emde, Kimathi, CNA Applicant: Applicant was present.
It was moved and seconded the Board accept the application for
certification. MOTION CARRIED. h. Hainrick, Maxton, CNA Applicant: Applicant was present. It was moved and seconded the Board accept the application for certification. The applicant must be evaluated by the Disability Advisory Committee and follow any committee recommendations. The applicant is cleared to take the CNA examination. MOTION CARRIED. i. Removed j. Kaiser, Connie, CNA Applicant: Applicant was present. It was moved and seconded the Board accept the application for certification. MOTION CARRIED. k. Laugeson, Hillary, CNA Applicant: It was moved and seconded the Board accept the application for certification. MOTION CARRIED. l. Juarez, Gilberto, CNA006305: Applicant was present. It was moved and seconded the Board accept the CNA renewal application. MOTION CARRIED. m. Murray, Gene, CNA Applicant: Applicant was present. It was moved and seconded the Board accept the application for certification. MOTION CARRIED. n. Hursh, Melinda, RN Applicant: Applicant was present. It was moved and seconded the Board accept the application for licensure and the Agreement for Probation (Non-Disciplinary) pursuant to NRS 632.320 (5) habitual intemperance. MOTION CARRIED. o.
Smetana, Charlene, LPN02767: It was moved and seconded the Board accept the renewal
application and issue a license with limitations pursuant to NRS 632.307.
It shall be the responsibility of the applicant to use her nursing
judgment to practice safely in accordance with her limitations.
Unsafe practice is considered unprofessional conduct and is subject to
Nevada Revised Statutes (NRS) Chapter 632.
MOTION CARRIED. p. Trautmann, Barbara, CNA Applicant: It was moved and seconded the Board accept the application for certification. MOTION CARRIED. q. Brennan, Dawn, CNA008478: Applicant was present. It was moved and seconded the Board accept the application for certification. MOTION CARRIED. r. Callahan, Michaela, CNA Applicant: Applicant was present. It was moved and seconded the Board accept the application for certification. It was moved and seconded the Board accept the Agreement for Probation (Disciplinary) for violation of NRS 632.320 (7) unprofessional conduct and NAC 632.890 (11) positive pre-employment drug screen. MOTION CARRIED. s. Hunt, Joshua, RN Applicant: It was moved and seconded the Board deny the application for licensure pursuant to NRS 632.320 (7) unprofessional conduct and NAC 632.890 (11) positive pre-employment drug screen. MOTION CARRIED. t. Quong, Khrystal, RN Applicant: Applicant was present. It was moved and seconded the Board accept the application for licensure. MOTION CARRIED. u. Stern, Patrick, RN20924: Applicant was present. It was moved and seconded the Board accept the renewal application and issue a license with limitations pursuant to NRS 632.307. It shall be the responsibility of the applicant to use his nursing judgment to practice safely in accordance with his limitations. Unsafe practice is considered unprofessional conduct and is subject to Nevada Revised Statutes (NRS) Chapter 632. MOTION CARRIED. 2. Settlement Agreements: a. Kirk, Theresa, RN18617: Agreement for Probation (Disciplinary) for violations of NRS 632.320 (11) falsification of information given to a pharmacist. Accepted under the Consent Agenda. b. Bailey, Cheryl, RN11659: Voluntary Surrender of License/Certificate in Lieu of Other Disciplinary Action for violation of NRS 632.320 (7) unprofessional conduct, NAC 632.890 (9) practicing while impaired and (10) positive urine/drug screen. Accepted under the Consent Agenda. c. Duryea, Caleb, RN41223: Agreement for Reprimand for violation of NRS 632.320 (7) unprofessional conduct and NAC 632.890 (11) positive pre-employment urine/drug screen. Accepted under the Consent Agenda. d. Eddie, Michell, CNA016092: Voluntary Surrender of License/Certificate in Lieu of Other Disciplinary Action for violation of NRS 632.320 (7) unprofessional conduct, NAC 632.890 (27) customary standards and (28) causing harm. Accepted under the Consent Agenda. e. Finnila, Mona RN25188: Agreement for Fine in the amount of $100.00 for violation of NRS 632.320 (7) unprofessional conduct and NAC 632.890 (36) practicing without a license. Accepted under the Consent Agenda. f. Hensley, Kristen CNA015756: Agreement for Reprimand for violation of NRS 632.320 (7) unprofessional conduct and NAC 632.890 (10) positive urine/drug screen on duty. Accepted under the Consent Agenda. g. Howie, Lois, RN23605: Agreement for Reprimand for violation of NRS 632.320 (7) unprofessional conduct, NAC 632.890 (27) customary standards and (38) professional boundaries. Accepted under the Consent Agenda. h. Johnson, Jennifer, CNA013953: Agreement for Reprimand for violation of NRS 632.320 (7) unprofessional conduct and NAC 632.890 (22) patient abandonment. Accepted under the Consent Agenda. H. Vos recused herself. i. Smith, Laura, RN32996: Respondent was present. Agreement for Probation (Non-Disciplinary) for violations of NRS 632.320 (5) (7) use of controlled substance, dangerous drug or intoxicating liquor and unprofessional conduct. Accepted under the Consent Agenda. H. Vos recused herself. j. Pershall, Lydia, CNA002087: Voluntary Surrender of License/Certificate in Lieu of Other Disciplinary Action for violation of NRS 632.320 (7) unprofessional conduct, NAC 632.890 (27) customary standards and (28) causing harm. Accepted under the Consent Agenda. k. Reynolds, Nancy, RN19793: Agreement for Reprimand for violation of NRS 632.320 (7) unprofessional conduct, NAC 632.890 (20) inaccurate recording, falsifying records and (27) customary standards. Accepted under the Consent Agenda. l. Rozario, Terence, RN31049: Voluntary Surrender of License/Certificate in Lieu of Other Disciplinary Action for violation of NRS 632.320 (7) unprofessional conduct, (14) violation of Board order and NAC 632.890 (35) failing to comply with condition, limitation or restriction. Accepted under the Consent Agenda. m. Scheftner, Carlotta, RN27192: Agreement for Probation (Disciplinary) for violation of NRS 632.320 (7) unprofessional conduct, NAC 632.890 (20) inaccurate recording, falsifying records, (25) failure to collaborate and (27) customary standards. Accepted under the Consent Agenda. n. Yandell, John RN36893: Agreement for Reprimand for violation of NRS 632.320 (7) unprofessional conduct, NAC 632.890 (20) inaccurate recording, falsifying records and (27) customary standards. Accepted under the Consent Agenda. o. Winkler, Sharleen, RN31795: Voluntary Surrender of License/Certificate in Lieu of other Disciplinary Action by the Board for violations of NRS 632.320 (7) (14) NAC 632.890 (35) violation of a Board order. Accepted under the Consent Agenda. p. Beland, Lori, RN30382: Agreement for Reprimand and Fine for violations of NRS 632.320 (7) (14) NAC 632.890 (35) violation of a Board order. Accepted under the Consent Agenda. M.A. Lambert recused herself. q. Tilton, Michael, CNA014605: Agreement for Probation (Non-Disciplinary) for violations of NRS 632.320 (5) use of controlled substance, dangerous drug or intoxicating liquor Accepted under the Consent Agenda. M.A. Lambert recused herself. 3. Completion of probation: a. Jenison, Kathleen, RN27342: Termination of probation accepted under the Consent Agenda. 4.
Reinstatement of licensure/certification: a. Tiggs, T’Pring, CNA013477: It was moved and seconded the Board accept the reinstatement application for certification. MOTION CARRIED. b. Baker, Diana, RN25515: It was moved and seconded the Board accept the reinstatement application for licensure and the Agreement for Probation (Disciplinary) for violations of NRS 632.320 (2) (5) conviction and use of controlled substance, dangerous drug or intoxicating liquor. MOTION CARRIED. c. Barber, Janiece, RN22686: Applicant was present. It was moved and seconded the Board accept the reinstatement application for licensure and the Agreement for Probation (Disciplinary) for violations of NRS 632.320 (2) (5) conviction and use of controlled substance, dangerous drug or intoxicating liquor. MOTION CARRIED. 5. Formal administrative hearings: a. Anderson, Linda, RN28556: Respondent was present. It was moved and seconded the Board find the Respondent guilty on the basis of the contents of the Stipulation of Facts and Liability. MOTION CARRIED. It was moved and seconded the Board extend the Respondent’s current probation by one (1) year, and that she complete a non-home study critical thinking course within one year for violations of NRS 632. 320 (7) unprofessional conduct, (14) violation of a Board order, NAC 632.890 (27) customary standards, and (28) causing a patient harm. 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. b. Brandau, Dorothy, RN15861: It was moved and seconded the Board accept an Agreement for Probation (Disciplinary) for violation of NRS 632.320 (7) unprofessional conduct, NAC 632.890 (27) customary standards, and (28) causing a patient harm. MOTION CARRIED. c. Conklin, Marie, RN37410: It was moved and seconded the Board grant a continuance of this item to the next appropriate Board meeting. MOTION CARRIED d.
Removed e. Fronefield, Marsha, RN07058: Respondent was present with counsel. It was moved and seconded the Board find the Respondent guilty of one count of NRS 632.320 (7) unprofessional conduct, including the act found in NAC 632.890 (35) failing to comply with Board order. It was moved and seconded the Respondent take and successfully complete a non-home study legal ethics in nursing course within one year of execution of this order. MOTION CARRIED. f. Kizer, Jacqueline, RN24178: 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 (2) practicing beyond scope. MOTION CARRIED. g.
Removed h.
Olsen, Ann, RN16572: It
was moved and seconded the Board accept the Voluntary Surrender of
License/Certificate in Lieu of Other Disciplinary Action for violation of NRS
632.320 (7) unprofessional conduct and NAC 632.890 (9) practicing while ability
impaired. MOTION CARRIED. i.
Peters, Dara, CNA009338: It was moved and seconded the Board accept the Voluntary
Surrender of License/Certificate in Lieu of Other Disciplinary Action for
violation of NRS 632.320 (7) unprofessional conduct and NAC 632.890 (10)
positive urine/drug screen. MOTION
CARRIED. j.
Quinn, Lanna, CNA016105: It was moved and seconded the Board find the Respondent
guilty of one count of NRS 632.320 (7) unprofessional conduct, including the
acts found at NAC 632.890 (27) customary standards, and/or (28) causing a
patient harm, and/or (33) abuse. It was moved and seconded the Respondent’s
license be revoked and order its surrender.
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. Pursuant to NRS 632.325(1)(c), it was moved and seconded
the Board charge the Respondent with the actual attorney fees and costs of this
hearing, which are payable within one hundred twenty (120) days from issuance of
the actual costs. MOTION CARRIED k.
Taylor, Amber, CNA012296: Respondent
was present with counsel. It was
moved and seconded the Board find the Respondent guilty of one count of NRS
632.320 (7) unprofessional conduct, including the acts found at NAC 632.890 (27)
customary standards, and/or (38) professional boundaries. It was moved and seconded the Board reprimand the Respondent,
order that she complete a non-home study legal ethics in nursing course within
one (1) year, and complete the National Council of State Boards of Nursing
Professional Boundaries course within (3) months of the effective date of this
order.. 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. Pursuant to NRS 632.325(1)(c), it was moved and seconded
the Board charge the Respondent with the actual attorney fees and costs of this
hearing, which are payable within one hundred twenty (120) days from issuance of
the actual costs. MOTION CARRIED l.
Valena, Lowella, CNA015702: It was moved and seconded the Board find the Respondent
guilty of one count of NRS 632.320 (7) unprofessional conduct, including the
acts found at NAC 632.890 (27) customary standards, (28) causing a patient harm
and (35) failing to comply with a condition, limitation or restriction.
It was moved and seconded the Board revoke 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. Pursuant to NRS 632.325(1)(c), it was moved and seconded
the Board charge the Respondent with the actual attorney fees and costs of this
hearing, which are payable within one hundred twenty (120) days from issuance of
the actual costs. MOTION CARRIED m.
Ziegler, Traci, RN32420: Respondent’s
counsel was present. It was moved
and seconded to grant a continuance of the hearing to the next regularly
scheduled Board meeting in Reno. It
was moved and seconded the Respondent submit random urine/drug screens one time
per month until her case is heard. A
positive urine/drug screen shall result in a summary suspension of
Respondent’s license pending hearing. MOTION
CARRIED. 6. Board-directed investigations: No business. 7. Ratification of staff denials – NRS 632.320 (1) fraudulent applications: a. Chan, Richard, RN Applicant: It was moved and seconded the Board ratify the staff denial of the application for licensure based on a violation of NRS 632.320 (1) fraudulent application, and order the denial become part of the Respondent’s permanent record and be published and reported to all appropriate agencies. Accepted under the Consent Agenda. b. Davenport, Linda, RN Applicant: It was moved and seconded the Board ratify the staff denial of the application for licensure based on a violation of NRS 632.320 (1) fraudulent application and order the denial become part of the Respondent's permanent record and be published and reported to all appropriate agencies. Accepted under the Consent Agenda. c. Lawhorn, Melissa, CNA Applicant: It was moved and seconded the Board ratify the staff denial of the application for certification based on a violation of NRS 632.320 (1) fraudulent application and order the denial become part of the Respondent's permanent record and be published and reported to all appropriate agencies. Accepted under the Consent Agenda. d. Snyder, Kimberly, RN Applicant: It was moved and seconded the Board ratify the staff denial of the application for licensure based on a violation of NRS 632.320 (1) fraudulent application and order the denial become part of the Respondent's permanent record and be published and reported to all appropriate agencies. Accepted under the Consent Agenda. 8. Ratification of staff denials – NRS 632.320 (2) convictions: a. Alexander, Wendy, 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. b. Bibb, Ayieda, LPN Applicant: It was moved and seconded the Board ratify the staff denial of the application for licensure based on a violation of NRS 632.320 (2) conviction, and order the denial become part of the Respondent’s permanent record and be published and reported to all appropriate agencies. Accepted under the Consent Agenda. c. Cannon, Sarah, CNA Applicant: It was moved and seconded the Board ratify the staff denial of the application for certification based on a violation of NRS 632.320 (2) conviction, and order the denial become part of the Respondent’s permanent record and be published and reported to all appropriate agencies. Accepted under the Consent Agenda. d. Egner, Amy, CNA Applicant: It was moved and seconded the Board ratify the staff denial of the application for certification based on a violation of NRS 632.320 (2) conviction, and order the denial become part of the Respondent’s permanent record and be published and reported to all appropriate agencies. Accepted under the Consent Agenda. e. Freed, Shannon, CNA Applicant: It was moved and seconded the Board ratify the staff denial of the application for certification based on a violation of NRS 632.320 (2) conviction, and order the denial become part of the Respondent’s permanent record and be published and reported to all appropriate agencies. Accepted under the Consent Agenda. f. McKnight, Jerone, CNA Applicant: It was moved and seconded the Board ratify the staff denial of the application for certification based on a violation of NRS 632.320 (2) conviction, and order the denial become part of the Respondent’s permanent record and be published and reported to all appropriate agencies. Accepted under the Consent Agenda. g. Pederson, Erika, CNA Applicant: It was moved and seconded the Board ratify the staff denial of the application for certification based on a violation of NRS 632.320 (2) conviction, and order the denial become part of the Respondent’s permanent record and be published and reported to all appropriate agencies. Accepted under the Consent Agenda. h. Miller, Lisa, CNA Applicant: It was moved and seconded the Board ratify the staff denial of the application for certification based on a violation of NRS 632.320 (2) conviction, and order the denial become part of the Respondent’s permanent record and be published and reported to all appropriate agencies. Accepted under the Consent Agenda i. Mora, Felix, 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. 9. Special Action a.
Approval of application for Nurse Support Group Providers: It was
moved and seconded the Board approve Thomas Lavin, MFT, LADC, as a Nurse Support
Group Provider for the Board’s Alternative Program for Chemically Dependent
Nurses. MOTION CARRIED. b.
Approval of application for Treatment Provider : No Business. c.
Appointment to the Disability Advisory Committee: It was moved and
seconded the Board appoint Deborah Inskip, RN, and Deborah E. Martz, RN, to the
Disability Advisory Committee. MOTION
CARRIED. d.
Flowers, Rachelle, Appeal of Citation:
Respondent was present. It
was moved and seconded the Board overturn the Citation. MOTION CARRIED. e.
Approval of increase of CNA monitoring fees. It was moved and
seconded the Board increase the monthly monitoring fee for Certified Nursing
Assistants on probation from $10.00 to $25.00 per month starting January 1,
2004. MOTION CARRIED. E. EDUCATION
F. NURSING PRACTICE
G. SPECIAL ACTION: No business.
DEBRIEF AND ADJOURNMENTMeeting adjourned at 2:57 p.m. on November 21, 2003.
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