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DRAFT
NEW HAMPSHIRE BOARD OF NURSING
MINUTES
November 16, 2006
Recorder: Susan Goodness, Administrative Supervisor
TOPIC DISCUSSION ACTION FOLLOW-UP
1.0 Call to Meeting Meeting called to order at 8:30 a.m. with
R. Duhaime, Chair, presiding.
Board members present: M. Potter (MP),
L. Morel (LM), B. Howard (BH), S. Dyer
(SD), C. Naas, (CN), K. A. Day (KAD),
H. Featherston (HF), K. Baranowski (KB)
Board members absent: M. Danderson
(MD)
Board staff present: M. Walker (MW), J.
Evans (JE), D. Houle (DH), S. Goodness
(SG), K. Dickson (KD).
N. Patenaude, Investigator/ Prosecutor
(NP)
1.1 Open Forum Atty. C. Warmington of Sulloway & M/KB, S/MP, approved MW to sign letter MW to respond.
Hollis discussed the issue of the on behalf of Board regarding CRNAs and
discontinuance of reimbursement, by reimbursement of Medicare in a pain
Medicare, to CRNAs who provide clinic setting.
services in pain clinics. Requested Board Unanimous
affirm that CRNAs can provide services in
a pain clinic setting and are eligible for
Medicare reimbursement.
1.2 Addendum 8.3.1 C. Beam
1.2.1 Additions Exhibits 10 and 11
10.2.1 Care Med, LPN Program
10.3.2 First Choice Training Program
10.3.3 Colby Sawyer College
12.5 Education Advisory Committee
1.2.2 Deletions None.
Board Minutes
November 16, 2006
Page 1 of 10
TOPIC DISCUSSION ACTION FOLLOW-UP
1.2.3 Appearances 7.1.1 W. Boucher 9:30 a.m.
7.2.3 L. Wojtack 10:00 a.m.
7.1.3 L. Kimball 10:30 a.m.
10.3.1 J. Hayes, RN 1:00 p.m.
2.0 Approval of minutes
2.1 October 19, 2006 Reviewed and discussed. M/HF, S/KB accept as amended.
Unanimous.
3.0 Report of Chair/Members Discussed Board attendance. M/MP, S/BH, board members who are
absent more than 2 times in a 12 month
calendar year, Board shall review with
absent member at next meeting; and
Members are to notify Board staff if they
will not be present at any meeting by
calling the Board office at (603) 271-7809.
Unanimous.
Chair informed Board that the B. McPhail
Decision and Order has been finalized and
mailed.
3.1 Letter to Board Reviewed and discussed willingness of Chair and MW to draft letter of response. MW to respond
retired nurses to participate in
emergency/disaster preparedness.
7.0 Adjudicative (Investigator/
Prosecutor)
7.2 Consent Decree/Settlement
Agreement/Voluntary
Surrender
7.2.4 S. Yanski Reviewed and discussed proposed M/HF, S/MP, accept conditionally; SA to MW to respond
Settlement Agreement. Respondent be signed and returned within 10 days.
successfully completed court ordered Unanimous.
diversionary program.
Board Minutes
November 16, 2006
Page 2 of 10
TOPIC DISCUSSION ACTION FOLLOW-UP
4.0 Report of Executive Director/Staff
4.1 Expense Summary Budget Reviewed and discussed budget.
4.1.1 7430, 7431, 7432
(Through 11/8/06)
MW will appear before Legislative
hearing regarding the board FY 08, 09
budget and will testify discontent with
OIT budget. All Boards will have on
record protest of high OIT bills. Board
did not receive OIT budget until last week
of the budget cycle.
MW was notified at that time that the OIT
budget plan was approved by the
Governor’s office and could not be
changed.
NP and R. Nausbaum have worked on the M/KB, S/KAD, accept Drafts NUR 100
NUR 200 draft which conforms with RSA and NUR 200.
326-B. NUR 215.01 will be moved to Unanimous.
NUR 500 – Ethics.
9.0 Licensure Reviewed and discussed. M/MP, S/GB approve refresher course MW to respond
9.1 Reentry Program Approval for completed as meeting reentry
RN Licensure: L. Wilber requirements defined in NH
Administrative Rules, NUR 400.
10.0 Education
10.1 Continuing Approval
10.1.1 St. Joseph School of Reviewed and discussed. To appear at December 2006 meeting to MW to respond.
Nursing: RN Program discuss progress and accreditation.
7.0 Adjudicative
(Investigator/Prosecutor)
7.1 Hearings
7.1.1 W. Boucher, LNA Hearing held in absentia for W. Boucher,
LNA #027002-24, Docket #06-0906-
0078-NA pursuant to the Nurse Practice
Act, RSA 326-B and the administrative
rules Chapters 600 – 900 proceeded at
Board Minutes
November 16, 2006
Page 3 of 10
TOPIC DISCUSSION ACTION FOLLOW-UP
9:50 a.m. with R. Duhaime (RD), Chair
presiding.
Board members present: M. Potter (MP),
L. Morel (LM), B. Howard (BH),
S. Dyer (SD), C. Naas, (CN), K. A. Day
(KAD), H. Featherston (HF),
K. Baranowski (KB) M//GB, S/CN to affirm Proposed
Board members absent: M. Danderson Findings of Facts #1- #10 as amended.
(MD) M/KB, S/CN deny Proposed Conclusions
Board staff present: S. Goodness (SG). of Law #1.
N. Patenaude, Investigator/ Prosecutor Deny Proposed Disciplinary Order #1 to
(NP) reprimand license
Reading of Notice of Hearing waived. Nay: LM, BH
Witness present to offer testimony: Aye: KB, CN HF, GB, MP, KB, KAD, SD
Carol Horton, VP, Patient Care ,
RiverWoods. Amend Proposed Disciplinary Order #3 to
$250.00, deny Proposed Disciplinary
Hearing reopened 10:12 a.m. for question Order #4, affirm Proposed Disciplinary
of clarification of Findings of Fact #10. Order #2, #5, #6 and #7.
M/GB, S/CN accept as amended
Nay: LM, BN
Aye: KB, CN, HF, GB, MP, KB, KAD,
SD.
(See Docket #06-0906-0078-NA)
7.2.3 L. Wojtach Respondent present. M/MP, S/GB, deny Settlement Agreement MW to respond.
Reviewed and discussed proposed and follow Massachusetts Voluntary
Settlement Agreement. Surrender.
7.1.3 E. Kimball Hearing held in absentia for E. Kimball, M/MP, S/CN to affirm Proposed Findings MW to respond.
LNA #022655-24, Docket #06-1108- of Facts #1- #5, affirm Proposed
0085-NA pursuant to the Nurse Practice Conclusions of Law #1, and affirm
Act, RSA 326-B and the administrative Proposed Disciplinary Order #1 – 5.
rules Chapters 600 – 900 proceeded at Unanimous
11:13 a.m. with R. Duhaime (RD), Chair (See Docket #06-1108-0085-NA)
presiding.
Board members present: M. Potter (MP),
L. Morel (LM), B. Howard (BH),
S. Dyer (SD), C. Naas, (CN), K. A. Day
(KAD), H. Featherston (HF), K.
Board Minutes
November 16, 2006
Page 4 of 10
TOPIC DISCUSSION ACTION FOLLOW-UP
Baranowski (KB)
Board members absent: M. Danderson
(MD)
Board staff present: S. Goodness (SG).
N. Patenaude, Investigator/ Prosecutor
(NP)
7.2.2 J.C. Pierre Reviewed and discussed Proposed M/CN, S/LM deny Settlement Agreement MW to respond
Settlement Agreement. and move to hearing.
Unanimous
Discussed the need to put in the Board’s JE to respond
Newsletter an advisory regarding the
ability for people to commit fraud by
stealing home email addresses and
presenting themselves as faculty or other
professions.
7.1.2 M. Gianini Hearing to be continued to December 21, M/GB, S/MP to continue Hearing. NP to respond.
2006. Unanimous.
7.2.1 E. Kerwick Reviewed and discussed. M/MP, S/KB accept Voluntary Surrender. MW to respond.
Unanimous.
7.1.4 S. Morin Hearing to be continued to December 21, M/HF, S/CD to continue Hearing. NP to respond.
2006. Unanimous.
6.1 Report of Investigator/ Reviewed and discussed.
Prosecutor
GB, outgoing public member, leaves
position of Vice Chair vacant. Vice Chair
nominations to be made and passed to RD
for tally at end of meeting.
Board Minutes
November 16, 2006
Page 5 of 10
TOPIC DISCUSSION ACTION FOLLOW-UP
J. Hayes, RN, present.
10.3.1 NCLEX Pass Rate- Responding to Board questions pursuant
Follow up- NHCTC: Nashua to low NCEX scores (73%).
26 students sat for NCLEX
19 passed 1st time, 7 failed, 3 retested and
passed.
10.2.1 Care Med M. Aguiar, J. Washburn, C. Angus, J
LPN Program Angus present. M/MP, S/SD accept recommendation as MW to respond.
put forth.
Unanimous
Care Med to add Mountain Ridge site in M/MP, S/GB, grant the addition of MW to respond.
place of Grafton Cty Nursing Home. Mountain Ridge as a clinical site.
Unanimous.
10.3.3 Colby Sawyer Reviewed and discussed NCLEX scores. Board invited Colby Sawyer to appear
before the Board at its December 21, 2006
meeting.
11.0 Practice Inquiries and Practice
Committee Reports
11.1 Liaison No Report
11.2 P & E Committee Reviewed and discussed question #1 Is
Botox administration within a nurse’s
scope of practice?
Action: Committee recommends “yes” as M/MP, S/LM accept P&E MW to respond.
a medical practice delegation act, recommendation with the following
Committee also recommends introduction clarity: RN/LPNs allowed with training;
of the language from S. Dakota which LNA/MNA not allowed, as they do not
states: “The S.D. Board of Nursing has take orders from a doctor. Strike
received numerous inquiries regarding the “delegated medical act” language; Add
performance of dermatological procedures NH before licensed physician;
such as microdermabrasion. Botox
injections, sclerotherapy, laser hair .
removal, collagen injections and chemical
peels is within the registered nurses scope
of practice. The Board affirms that the
Board Minutes
November 16, 2006
Page 6 of 10
TOPIC DISCUSSION ACTION FOLLOW-UP
performance of these procedures is not the
practice of nursing. These procedures are
delegated medical acts, which could be
performed by a registered nurse with
additional training under the on-site
supervision of a licensed physician.
Question #2 Is administration of non-
ablative laser treatments (as opposed to
laser surgery) in the office setting within
the nurse scope of practice?
Action: Committee recommends: “Yes” M/MP, S/LM accept P & E
to ARNP and “Yes” to RN, LPN as a recommendation with the addition of
delegated medical task provided Nur LNA/MNA; strike “delegated medical
305.01 (c) and (d) is followed. “No” to task”.
LNA because LNA has tasks delegated by
the licensed nurse and not the MD.
Question #3 Role of the LPN in
Endoscopy:
1. Forceps biopsy: requests to open
or close the forceps on area to be
biopsed after placement by the
provider.
2. Polyp removal: MD inserts snare
but asks nurse to open, place onto
polyp, close and then remove.
3. Scleratherapy: Nurse is asked to
inject solution from syringe
placed by the MD (push plunger)
after insertion by MD.
Action: The committee recommends: M/MP, S/SD accept P&E
#1 – Yes, recommendation with addition of
#2- The nurse cannot position the snare LNA/MNA.
over the polyp,
#3 – Yes for RN/LPN provided Nur
305.01 (c) & (d) is followed. No
medication administration by LNA/MNA.
Question #4 Is it within the scope of the
RN practice for the RN to certify that the
Board Minutes
November 16, 2006
Page 7 of 10
TOPIC DISCUSSION ACTION FOLLOW-UP
licensed nurse designate “False Labor”
and discharge?
Committee Recommends:
No, and refers the person to EMTALA (42 M/MP, S/SD accept P&E
CFR 439.24 Emergency Medical recommendation as presented.
Treatment and Active Labor Act) and the
employer policy and procedure.
12.2 Day of Discussion
12.2.1 RN/LPN Day of Reviewed and discussed. Next meeting
Discussion December 20, 2006 at 1:00 p.m.
12.2.2 LNA Day
12.3 ADA (LM, SD, MD) No applicants.
12.4 Joint Health Council (MW) Meeting November 28, 2006 at 6:00 p.m.
10.3.2 First Choice Present: A. El-Askkar, RN.
Training Institute Reviewed and discussed NCLEX pass M/GB, S/BH place on conditional MW to respond.
PN program rate. approval.
corrective action Unanimous.
plan
8.3 C. Beam Reviewed and discussed. M/KB, S/GB draw up proposed Voluntary MW to respond.
Surrender and accept upon Respondent’s
signature.
Unanimous
8.1.1 C. Durham Reviewed and discussed. M/KB, S/KD grant annulment of
reprimand.
Unanimous
12.5 Education Advisory 1st meeting was held this month. 1 Next meeting scheduled for January 7,
Committee member from each of the 12 educational 2006 at 2:00 p.m.
Board Minutes
November 16, 2006
Page 8 of 10
TOPIC DISCUSSION ACTION FOLLOW-UP
programs were in attendance. Group is
enthusiastic.
13.1 RSA 326 b:4-B (Old Version) Reviewed and discussed. Board will seek legislative change to
Nurse Practice Act to reintroduce former
language.
MW shared that Sen. L. D’Allesandro
supports FBI checks. Legislation for
2007/2008.
KB said that all Boards, not just nursing,
should be required to have NH criminal
background checks as a licensure
requirement of their licensees.
14.0 National Council
14.1 Advisory on Leakage of FYI.
Philippine Licensing
Questions
14.2 Philippine News Release FYI
14.3 NCSBN 30th Anniversary FYI
14.4 Translation of the NCLEX
Exam FYI
Reviewed and discussed NCLEX given in
another language. Board consensus is no.
15.0 Old Business None
16.0 Correspondence/Articles/FYIs None
17.0 Adjournment Meeting adjourned at 3:50 p.m.
Board Minutes
November 16, 2006
Page 9 of 10
TOPIC DISCUSSION ACTION FOLLOW-UP
Next meeting:
December 21, 2006
8:30 a.m. – 1:00 p.m.
Open Forum 8:30 a.m.
NH Board of Nursing
Education Conference Room 100
First Floor
21 South St
Concord, NH 03301
Respectfully submitted,
Margaret J. Walker, MBA, BS, RN
Executive Director
MJW/sg
Board Minutes
November 16, 2006
Page 10 of 10
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