Present: Wayne Muth, Carla Borchardt, Tam Baker, Paul Engbrecht, Gale Walker, Bob Stahl, Gail Ferris, Chris Hipple, Joyce Vos, and Katie Hansen, Ass’t Attorney General.
The Meeting was called to order at 9:04am. Introductions were exchanged. A welcome was extended to new board member, Carla Borchardt, and Katie Hansen from the AG’s office.
The Chair moved the Board into Executive Session at 9:06am.
M/S/P Stahl/Hipple to move the Board into General Session at 9:27am.
M/S/P Hipple/Baker to approve the 2006-07 Executive Secretary contract with Management Service Partners, Inc. as presented.
1. M/S/P Hipple/Muth to approve the April 11, 2005 Board Meeting Minutes as presented.
2. The Board reviewed the list of new licenses, reciprocal licenses, and emergency permit holders. Staff provided them any additional details or support information. M/S/P Baker/Hipple to approve the new licenses as presented.
3. Stahl reported there were a couple of surveys in the works but it was too early to predict the status. He mentioned that facility employee background checks were not mandated by law but may become necessary. Also, when the applicant doesn’t answer the question about their criminal history on the employee applications, the surveyors are finding that the facility is not even demanding they answer the question or ask any more questions about the applicant.
There was a lengthy discussion on who is doing background checks on staff, what sources are used, etc. Walker mentioned that there’s a no-cost federal background check that just tells you whether the applicant has been “prohibited” from participating in certain programs, but it’s not a criminal check. Staff stated that there is no background check required, or completed, on new administrator applicants either, unlike many other States. And, that some States require the applicant pay for and attach a background check to their license application. Staff said that a statement was added to the applications a couple years ago that asks them about their criminal background, but she couldn’t remember exactly how it was stated. She will get that to the Board as soon as possible. She said the statement was written by the attorney for the other board she manages and added to those license applications.
It would be up to the Dept of Health (DOH) to write the requirements for background checks on facility staff. It was mentioned that legislation in this regard was introduced a few years back but didn’t pass. Ferris offered to do the research on this former draft and get back to the Board. If the Board wanted to mandate background checks on administrator applicants, it would be more acceptable to the legislators if it was coming from the Associations and DOH, instead of the regulatory board.4. M/S/P Muth/Borchardt to accept Joe Ward’s offer to hang his license in the White River facility until Karen Schmidt is licensed, instead of an exception to Administrative Rule granting Schmidt an extended Permit. Staff will provide Ward a copy of the law and rule as the Board’s support of this decision.
5. M/S/P Muth/Baker to add South Dakota’s support to NAB’s Licensure Endorsement Agreement.
6. Staff reported she renewed the exam contract with NAB/PES for 2006 since there’s no other option for exam services. And that they increased the exam fee for applicants again, which doesn’t affect the Board.
7. M/S/P Engbrecht/Hipple to re-elect Gale Walker as Chair. M/S/P Muth/Baker for nominations to cease. Walker was re-elected unanimously. Walker mentioned he would serve one more year as Chair. M/S/P Baker/Hipple to elect Paul Engbrecht as Vice Chair. M/S/P Ferris/Borchardt for nominations to cease. Engbrecht was elected unanimously. M/S/P Muth/Hipple to elect Tam Baker as Secretary. M/S/P Engbrecht/Hipple for nominations to cease. Baker was elected unanimously. She agreed to be the reviewer of completed applications for licensure. All will serve for approximately one year, until a Spring 2007 meeting.
8. Walker offered an opportunity to the Board to attend the NAB 2006 Annual Meeting in June. Staff stated she hasn’t attended since the June 2005 meeting and wasn’t planning on attending until their November meeting in Florida. No one indicated an interest, but was given the option to contact Staff later if interested.
9. a. Staff commented on the current financial. She noted that the revenue will remain under budget because this is not a renewal dues year, but the budget department wouldn’t let her submit a deficit budget. She noted that the expenses were under budget also, so the year-end net should still be in good shape. In response to Borchardt’s questions, Staff said the fiscal year runs July to June, whereas the renewal year runs calendar year. And that renewals and continuing education reports are due by December 31, 2006.
Staff mentioned there will be a cost to bear if the Board has a contested case hearing, for a court reporter, an attorney to represent the board, witnesses, etc. After some discussion, it was decided the Board should be proactive and hire an attorney now. M/S/P Hipple/Muth to hire Jim Carlon from Pierre. Staff will find out if DOH would allow us to hire him or has someone else under contract.b. Baker suggested Dr. Brechtelsbauer in Sioux Falls as a possible replacement for the Physician’s position on the board. Ferris suggested Dr. Lindbloom in Pierre as a possible replacement.
M/S/P Engbrecht/Baker to recommend that Staff send some form of recognition and appreciation of Dr. Jim Tieszen’s board service to his family. Staff will also inquire whether the Governor’s office sent something already since he served on other boards.
The two proprietary board vacancies were noted again and that suggestions should come from SDHCA. Muth said he was retiring in June and his position will be vacant, but SDAHO could recommend a replacement. It was mentioned that he would need to send a resignation letter to the Governor’s office and a copy to Staff.
c. Staff capsulated her draft for a complaint procedure. The board felt that our AG rep, Katie Hansen, should review it and make any recommendations.
d. Stahl reported that two unfortunate incidences resulting in deaths recently occurred, one in an assisted living facility and the other in a nursing facility. He said his office had just received the administrator’s POC to review and that the administrator and staff were deeply concerned. He will keep the Board informed.
The next meeting date was discussed. If the Board will be involved in a contested case hearing, it could be conducted on May 9 and 10 in Pierre. If the Board is not involved with this hearing, but needs to discuss another licensee’s revocation, Staff will email a “date finder” to determine this date. Chamberlain was agreed upon as that meeting’s location.
There being no further business before the Board, the meeting adjourned at 11:15am.
