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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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