Present: Bob Stahl, Clint Graybill, Tam Baker, Dr. Lindbloom, Terry Rieck, Jason Petik, Paul Engbrecht, Gale Walker, Joyce Vos, and Patricia Archer, Ass’t AG via phone conferencing.
The meeting was called to order at 1:02pm, roll call was taken and a quorum was noted.
M/S/P Baker/Lindbloom to move into Executive Session.
M/S/P Lindbloom/Baker to close Executive Session and move into General Session at 1:45pm.
M/S/P Stahl/Graybill to request that Ass’t AG, Katie Hansen, research our statutory authority over the licensee in case #2006-01 before Rieck does further investigation. Graybill suggested with the expected change in our AAG we should review our complaint process, in particular the timeliness in which they are handled. The new AAG will be invited to the next meeting to discuss our process and needs.
Ms. Archer provided the Board her thorough review of case #2003-01, the Findings of Facts and Conclusions of Law, and her recommendations. M/S/P Petik/Graybill to revoke the license. It passed unanimously. M/S/P Engbrecht/Petik to direct Ms. Archer to prepare the amended Findings and Conclusions consistent with today’s discussion. It passed unanimously. The final copy will be served on the licensee, AAG Katie Hansen, and the Office of Hearing Examiners. The Board members will receive a copy for their file. It was decided not to request reimbursement from the licensee for the expense of the Hearing and Court Reporter.
M/S/P Graybill/Rieck to approve the January 24, 2007 Minutes with the correction of adding Paul Engbrecht as attended.
2a. M/S/P Baker/Rieck to approve the $2,000 increase in the consultant expense line item due to the fact the State wanted consultants to cover expenses in their contract amount.
2b. M/S/P Graybill/Engbrecht to accept the proposed 2007-08 consultant contract.
3. Along with written notes, Staff reported what she learned about background checks from the SD Board of Nursing. Their application has two fingerprint cards. The applicant is responsible to send their fingerprints in to the required authorities. The reports are sent directly to BON. Stahl said he goes through DCI, directly, at no cost. Staff could find out if a licensing board could do the same. It was recommended that Staff take a toll of what other States are doing, and how. Fortunately there hasn’t been an issue in SD compared to other States according to reports at the national meetings.
4. The Board reviewed the request from John Paulson to change his license status from expired to inactive. M/S/P Graybill/Rieck to deny the request in accordance with statute. When he needs to be the administrator of a facility he can apply for a temporary permit.
5. The Board reviewed the list of issued licenses and permit holders since the last meeting on January 24, 2007. M/S/P Graybill/Engbrecht to approve as presented.
6. An earlier question had been raised whether there was a sufficient number of preceptors in the State to provide the necessary service. The Board reviewed the list of Certified Preceptors as well as the definition of preceptor. It was noted that if a licensee hadn’t been licensed in the State for 4 years but wanted to be a preceptor, they could make a request for an exception.
7. Stahl provided information and updates to several surveys since the last board meeting.
8. Staff shared recent comments about the newly-available online State exam. Staff provided a copy of the exam and asked if Stahl’s office could review the exam and suggest new questions or format. Stahl was hoping they could get some changes done in the summer.
9. The Board reviewed the 3rd quarter financial statement. There weren’t any items to note other than the current fund balance. Staff reported on the recent and ongoing meetings of the Information Fund Balance Sub Committee and also GOAC’s intent to continue investigating budgets and fund balances, their discussion of “sweeping” funds, etc. The Dept will continue monitoring these meetings and assisting the boards with the questioning and testimony.
10. Staff reported on her attendance at FARB (Federation of Associations of Regulatory Boards) on February 2 & 3. Along with a written summary, she reported it was one of the most informative and relevant meetings she’d ever attended and thanked the Board for allowing her to attend. It covered open meeting laws, criminal background checks, license applications with legal questions, the legal process in complaint cases, etc.
Along with a written summary she also reported on her participation with the NAB regional conference call. One topic was that NAB is researching a name change to a simpler version.
The offer to attend the NAB Annual Meeting in June in San Francisco was open to members. Those interested in attending were to contact Staff.
11. An election was held to change officers. M/S/P Graybill/Lindbloom to elect Engbrecht as Chair. M/S/P Petik/Baker to nominate Graybill as Chair-Elect and cease nominations. M/S/P Engbrecht/Graybill to re-elect Baker as Secretary.
There being no other items before the Board, Walker called for adjournment at 3:42pm.
