Doneen Hollingsworth, Secretary of Health

South Dakota Board of Nursing Facility Administrators

Board Meeting Minutes

April 26, 2011
Dept of Health & Conference Call

Present:  Gale Walker, Paul Engbrecht, Bob Stahl, Steve Blair, Jim Carlon, Carla Borchardt, Clint Graybill, Tam Baker, Jason Petik, Chris Hipple, Aaron Shives, Marilyn Kinsman, and Joyce Vos.

A quorum was confirmed and General Session was called to order at 11am.

1.           For the board’s consideration of a legal services contract, Jim Carlon, attorney at law, introduced himself, provided his background, and explained the difference in his role and the Ass’t AG.  M/S/P Stahl/Baker to approve a contract from April 1, 2011-May 31, 2011 and defer a decision on an extended contract until Executive Session.

2.           The board visited the Complaints Procedure and Complaint Form.  There was discussion regarding the board’s immunity and PEPL fund, also Carlon has insurance for his protection.  Blair explained the Notice of Hearing which includes the “factual allegations” and the legal process when the case goes this direction for the licensee.  Carlon explained due process, fundamental fairness, etc.  Blair said Staff could either send a copy of the complaint to the licensee or not – either way.  Staff explained the form letter she sent to the two current cases following procedure #2.a-d.  Blair made suggestions to changes in #4.a., b., c. of the Complaints Procedure.  M/S/P Petik/Shives to change the procedures as suggested.  A changed draft will be provided for final approval.

M/S/P Baker/Hipple to move into Executive Session at 11:45am.  Hipple was recused.

M/S/P Baker/Engbrecht to move into General Session at 12:50pm.  Hipple re-joined the call/meeting.

3.           M/S/P Walker/Engbrecht to approve the draft January 28, 2011 Minutes as presented.

M/S/P Borchardt/Baker to dismiss case #NH1102 for lack of evidence.  Borchardt and Petik abstained from voting.

M/S/P Walker/Stahl to request Blair to send a Notice of Hearing in case #NH1101 with a settlement proposal to require 10 hours of specific continuing education in the area of Resident Rights/Verbal Abuse, in addition to the 40 hours required, to be completed by October 31, 2011.  Walker abstained from voting.

4.           M/S/P Stahl/Engbrecht to meet in May to review the legal services and management contracts and conduct a staff evaluation in the meantime.

5.           Stahl provided a handout on facility ownership changes, special focus facilities, and survey issues.

6.           Staff provided a copy of SB14, an act to require mandatory reporting of abuse/neglect.  Kinsman explained that the Bill is more for other healthcare facilities that aren’t as heavily regulated and it was not to further burden the nursing care facilities.  She asked for suggestions as to who should receive the literature so they’re aware of the mandatory reporting.

7.           M/S/P Shives/Hipple to accept Jason Petik’s resignation effective May 13 upon his departure to Nebraska.  Staff said she’d email the board for suggestions to fill the position.

8.           Graybill was the only one that expressed interest in attending the NAB annual meeting.  Staff will forward him the paperwork to request the OOS travel.

9.           The YTD Financials, list of new licensees, and emergency permit holders were provided as informational.

10.         Staff will send out an email date finder to determine the May meeting date via conference call.

M/S/P Hipple/Shives to adjourn the meeting at 1:27pm.