NH gov annulment by alicejenny

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									                                                             NEW HAMPSHIRE BOARD OF NURSING
                                                                        MINUTES
                                                                     January 18, 2007
Recorder: Kathryn Dickson, Executive Secretary

                 TOPIC                                DISCUSSION                                 ACTION                        FOLLOW-UP

1.0 Call to Meeting                       Students from St. Joseph’s, Rivier       Meeting called to order at 8:30 a.m. with
                                          College, and UNH were welcomed.          R. Duhaime, Chair, presiding.
                                                                                   Board members present: M. Potter (MP),
                                          New Board member, Lynda Elliot (Public   L. Elliott (LE), L. Morel (LM), B. Howard
                                          Member) was introduced.                  (BH), S. Dyer (SD), H. Featherston (HF),
                                                                                   K. Baranowski (KB), M. Danderson
                                                                                   (MD), C. Naas (CN)
                                                                                   Board members absent: K. A. Day (KAD)
                                                                                   Board staff present: M. Walker (MW), J.
                                                                                   Evans (JE), S. Goodness (SG), D. Houle
                                                                                   (DH), K. Dickson (KD).
                                                                                   N. Patenaude, Investigator/ Prosecutor
                                                                                   (NP)


     1.2 Open Forum                       None


     1.2 Addendum
         1.2.1 Additions                                                           7.1.2 S. Morin additional exhibits
                                                                                   10.3.1 End of year NCLEX Report
                                                                                   13.1 Corrected copies of notification
                                                                                          from legislative services


         1.2.2   Deletions


         1.2.3   Appearances                                                       7.1.1    J. Conte, LNA         9:00 a.m.
                                                                                   7.1.2    S. Morin              9:30 a.m.
                                                                                   7.2.1    R. St. Laurent       10:00 a.m.
                                                                                   7.1.3    M. Giannini          10:30 a.m.
                                                                                   10.1.2   P. Williams, RN      11:00 a.m.

                                                                                                                                       Board Minutes
                                                                                                                                     January 18, 2007
                                                                                                                                          Page 1 of 9
               TOPIC                                   DISCUSSION                                     ACTION                             FOLLOW-UP
                                                                                         8.1.1 D. Rayno                1:30 p.m.
                                                                                         10.2.1 Health Care Associates 2:00 p.m.
                                                                                         10.2.2 Elsa Frank Hintze      2:15 p.m.
                                                                                                LNA Program at Kendall
                                                                                         9.1    T. Orleans             2:30 p.m.


7.0   Adjudicative (Investigator/
      Prosecutor)
      7.1 Hearings
           7.1.3 M. Giannini               M. Giannini appeared with Attorney Janet      M/KB, S/BH to continue hearing to
                                           Micheals. Additional information hand-        February 15, 2007.
                                           delivered to Board office today (1/18/07)     Unanimous.
                                           in reference to hearing. All pertinent
                                           information must be received 10 days
                                           before hearing for review.


2.0   Approval of minutes
      2.1 December 21, 2006                Reviewed and discussed. Corrections           M/LM, S/BH to approve minutes as
                                           made.                                         amended.
                                                                                         Unanimous.


4.0   Report of Executive Director/Staff
      4.1 Expense Summary Budget
           (Through 1/9/07)
           4.1.1 7430, 7431, 7432          Reviewed and discussed budget.


      4.2 Disciplinary fine report         Disciplinary fine report to be updated each   Board requested that column be added to
                                           month for Board members’ review.              note reason of imposed fine.

7.0   Adjudicative (Investigator/
      Prosecutor)
      7.1 Hearings
           7.1.1 J. Conte, LNA             Hearing held for J. Conte, LNA, Docket        M/BH, S/MP to affirm Prosecutors          MW to respond.
                                           #07-0103-0089-NA pursuant to the Nurse        Proposed Findings of Facts #1-, amend
                                           Practice Act, RSA 326-B and the               Proposed Findings of Fact #2, affirm
                                           administrative rules Chapters 100-900         Prosecutors Proposed Findings of Facts
                                           proceeded at 9:00 a.m. with R. Duhaime        #3-#8, affirm Prosecutors Proposed
                                           (RD), Chair presiding.                        Conclusions of Law #1-#3; deny
                                                                                                                                                       Board Minutes
                                                                                                                                                     January 18, 2007
                                                                                                                                                          Page 2 of 9
  TOPIC                          DISCUSSION                                   ACTION                              FOLLOW-UP
                   Board members present: M. Potter (MP),       Prosecutors Proposed Orders #1; affirm
                   L. Elliott (LE), L. Morel (LM), B. Howard    Prosecutors Proposed Orders #2-#5.
                   (BH), S. Dyer (SD), H. Featherston (HF),     Respondent’s LNA license shall be
                   K. Baranowski (KB), M. Danderson             suspended for 30 days, and Respondent
                   (MD), C. Naas (CN)                           shall be placed on probation for 9 months
                   Board members absent: K. A. Day (KAD)        with conditions and restrictions as
                   Board staff present: S.Goodness (SG), K.     recommended by the Board. Civil penalty
                   Dickson (KD), N. Patenaude, Investigator/    of $250 assessed.
                   Prosecutor for the Board                     Unanimous.
                   Respondent present to offer testimony and    (See Docket #07-0103-0089-NA)
                   answer questions.
                   Reading of Notice of Hearing waived.
                   Witnesses present to offer testimony:
                   Dolores Boynton, LNA Instructor,
                   American Red Cross
                   Lynn Carpenter, Administrator, Harris
                   Hill Center
                   Hearing concluded for deliberation at 9:14
                   a.m.



7.1.1   S. Morin   Hearing held for S. Morin, Docket #06-       M/KB, S/MD to affirm Prosecutors            MW to respond.
                   1030-0086-NA pursuant to the Nurse           Proposed Finding of Facts #1-#10, affirm
                   Practice Act, RSA 326-B and the              Prosecutors Proposed Conclusions of Law
                   administrative rules Chapters 100-900        #1-#4, and affirm Prosecutors Proposed
                   proceeded at 9:45 a.m. with R. Duhaime       Disciplinary Order #1-#5 REVOKING
                   (RD), Chair presiding.                       Respondents NH LNA license.
                   Board members present: M. Potter (MP),       Unanimous.
                   L. Elliott (LE), L. Morel (LM), B. Howard    M/HF, S/SD to assess $250 fine.
                   (BH), S. Dyer (SD), H. Featherston (HF),     Unanimous.
                   K. Baranowski (KB), M. Danderson
                   (MD), C. Naas (CN)
                   Board members absent: K. A. Day (KAD)
                   Board staff present: S.Goodness (SG), K.
                   Dickson (KD), N. Patenaude, Investigator/
                   Prosecutor for the Board
                   Respondent present to offer testimony and
                   answer questions.
                   Reading of Notice of Hearing waived.
                   Witnesses present to offer testimony:
                   Judith A. Evans, RN, EdD, Assistant

                                                                                                                                Board Minutes
                                                                                                                              January 18, 2007
                                                                                                                                   Page 3 of 9
               TOPIC                                  DISCUSSION                                      ACTION                                 FOLLOW-UP
                                          Director Nursing Education, Board of
                                          Nursing.
                                          Hearing closed for deliberation at 10:03
                                          a.m.

     7.2   Consent Decree/Settlement
           Agreement/Voluntary
           Surrender/Reciprocal
           Discipline
           7.2.1 R. St. Laurent                                                         Continued to February 15, 2007 meeting.

10.0 Education
     10.1 Continuing Approval
          10.1.1 Med Pro Educational      Reviewed and discussed.                       M/MD, S/MP to grant Continued                 MW to respond.
                 Services, LLC                                                          Approval of program and reviewer.
                 MNA Program                                                            Unanimous.


     10.2 New Programs
          10.2.1 New Hampshire            Reviewed and discussed. KB requested          M/MP, S/LM to grant Initial Approval of       MW to respond.
                 Health Care Ass’n        noting coordinators academic credentials.     program and coordinator as recommended.
                 LNA Program              MP suggested consideration of more            Unanimous.
                                          current text.

           10.2.2 The Elsa Frank Hintze   Reviewed and discussed.                       M/KB, S/HF to grant Initial Approval of       MW to respond. Special letter to be sent to
                  LNA Program at                                                        program (so named for a well-respected        Elsa Frank Hintze.
                  Kendall                                                               and extraordinary resident of facility) and
                                                                                        coordinator as recommended.
                                                                                        Unanimous.

           10.2.3 Holden College          JE reported on current status of Holden
                                          College – previously Holden Health
                                          Career Training Center – pursuing a
                                          degree-granting college. JE recommended
                                          that it is not appropriate at this time for
                                          BON to endorse – they have not presented
                                          college-level proposal.


     10.3 Education Issues
          10.3.1 End of Year NCLEX        Reviewed and discussed concerns with          M/KB, S/HF to place Holden Health             MW to respond.
                 Report                   below average test results of LPN             Career Training Center LPN Program

                                                                                                                                                                 Board Minutes
                                                                                                                                                               January 18, 2007
                                                                                                                                                                    Page 4 of 9
                TOPIC                                 DISCUSSION                                    ACTION                                   FOLLOW-UP
                                          programs at First Choice Training Institute   back on Conditional Approval and have
                                          and Holden Health Career Training             them come to February Board meeting for
                                          Center.                                       discussion.
                                                                                        Unanimous.

                                          Board has received correspondence from        M/MP, S/BH to order the director from          MW to respond.
                                          First Choice students with their concern of   First Choice Training Institute to appear at
                                          lack of faculty and need to cancel clinical   a hearing in February to present evidence,
                                          experience.                                   if any, why program’s approval shall not
                                                                                        be withdrawn. First Choice shall not admit
                                                                                        any more new students until they appear
                                                                                        before the Board.
                                                                                        Unanimous.

                                          Discussion re: Development of Board                                                          Referred to Education Advisory
                                          guidelines for response to schools with                                                      Committee meeting.
                                          NCLEX pass rates below the national
                                          average.

      10.1 Continuing Approval
           10.1.2 Rivier College School   Reviewed and discussed request for            M/HF, S/CN to grant Continued Approval         MW to respond.
                  of Nursing              continuing approval of ADN program at         of program and director as recommended.
                  RN Program              Rivier with Paula Williams, MS, RN,           Unanimous.
                                          CAGS, EdD, Chair of nursing program
                                          and Mary Ann Breen, RN, Med, MS,
                                          Program Director for ADN program.


11.0 Practice Inquiries and Practice
     Committee Reports
     11.1 Liaison (MP)                    MP reported Liaison Committee continues
                                          to review non-routine ARNP applications.


     11.2 P & E Committee (CN)            No meeting.


12.0 Committee Reports and
     Recommendations
     12.1 HeM 1201 (MD)                   Corresponded last month via emails. Next
                                          meeting to be held on January 25.


                                                                                                                                                                 Board Minutes
                                                                                                                                                               January 18, 2007
                                                                                                                                                                    Page 5 of 9
         TOPIC                                    DISCUSSION                                ACTION                      FOLLOW-UP
12.2 Day of Discussion
     12.2.1 RN/LPN Day of           MP reported on June 5 Day of Discussion
             Discussion             progress. Fee to be $75.

    12.2.2   LNA Day of             DH reported on finishing touches of
             Discussion             contracts for LNA Day of Discussion
                                    scheduled for May 23, 2007 at Conference
                                    Center at Lake Opechee.

    12.3     ADA (LM, SD, MD)       One applicant reviewed. Requested that
                                    LNA test be read to her because of
                                    deteriorating vision problem. Plan to
                                    contact American Red Cross to see if they
                                    foresee problem with reading test.
                                    Applicant needs to keep Board updated
                                    with her condition upon each renewal of
                                    LNA license.

    12.4     Joint Health Council   No meeting.
             (KB)

    12.5     Education Advisory     RD reported on meeting of January 11,       M/KB, S/SD to accept recommendations.
             Committee (RD)         2007. Reviewed and discussed                Unanimous.
                                    committee’s suggestions for changes to be
                                    made in Administrative Rules and
                                    amended to following:
                                     When making initial application to the
                                      NH Board of Nursing for approval of a
                                      new RN or PN program:
                                       That the program be fully licensed by
                                        the Postsecondary Education
                                        Commission, and
                                       That the program earn accreditation
                                        from a recognized accrediting body,
                                        such as NEASC.
                                     For current programs that have earned
                                      approval from the NH Board of
                                      Nursing:
                                       Programs that have already earned
                                        accreditation from a nursing review
                                        body, either NLN-AC or CCNE, that
                                        they maintain such accreditation in

                                                                                                                                      Board Minutes
                                                                                                                                    January 18, 2007
                                                                                                                                         Page 6 of 9
                  TOPIC                                DISCUSSION                                  ACTION                            FOLLOW-UP
                                              order to maintain NH BON approval.
                                             Programs that are not currently
                                              accredited must either:
                                                Earn accreditation from the NLN-
                                                  AC or CCNE, or
                                                If the pass rate on the NCLEX for
                                                  3 graduating classes in a row is
                                                  below the national passing
                                                  average, the school must
                                                  immediately apply for
                                                  accreditation, and be awarded
                                                  accreditation within 3 years.
                                                  Failure to achieve accreditation
                                                  will automatically result in
                                                  withdrawal of BON approval.


8.0   Adjudicative (Executive Director)
      8.1 Petition for Reinstatement of
          Practice Privileges/Return of
          Licensure/Annulment of
          Reprimand
          8.1.2 N. Benoit, RN             Reviewed and discussed petition for        M/MP, S/BH to grant petition for          MW to respond.
                                          annulment of reprimand from RN license.    annulment of reprimand from RN license.
                                                                                     Unanimous.

          8.1.3   V. Bean, LNA            Reviewed and discussed petition for        M/KB, S/SD to grant petition for          MW to respond.
                                          annulment of reprimand from LNA            annulment of reprimand from LNA
                                          license.                                   license.
                                                                                     Unanimous.

          8.1.4   E. Anderson, RN         Reviewed and discussed petition for        M/MP, S/CN to grant petition for          MW to respond.
                                          annulment of reprimand from RN license.    annulment of reprimand from RN license.
                                                                                     Unanimous.

          8.1.1   D. Rayno, LPN           Reviewed and discussed petition for        BH recused.
                                          annulment of reprimand from LPN
                                          license.                                   M/MP, S/SD to grant petition for          MW to respond.
                                                                                     annulment of reprimand from LPN
                                                                                     license.
                                                                                     Unanimous.


                                                                                                                                                   Board Minutes
                                                                                                                                                 January 18, 2007
                                                                                                                                                      Page 7 of 9
               TOPIC                                  DISCUSSION                                    ACTION                               FOLLOW-UP

13.0 Legislation
     13.1 Adoption of rules.             FYI. Proceeding with rules.



14.0 National Council                    NCSBN meeting to be held in April in
                                         New Orleans.


16.0 Correspondence/Articles/FYIs
     16.1 Letter from RN                 FYI.


13.0 Legislation
     13.2 Schedule of 2007 Legislative   MW spoke to proposed bills and asked for      Board consensus to support nurse            MW to respond.
            Session                      Board’s support of 2007-0173 relative to      practitioner bills.
                                         authority of nurse practitioners to approve
                                         handicap plates and 2007-0676 relative to
                                         certification of death certificates.


9.0    Licensure
       9.1 T. Orleans, LNA Applicant     Reviewed and discussed with T. Orleans        After careful consideration, Board          MW to respond.
                                         whether or not to grant NH nursing            members consensus determined that
                                         assistant license after Board’s               nursing assistant license would not be
                                         consideration of criminal record.             granted at this time. More information is
                                                                                       required with regard to work history and
                                                                                       references are needed from LNA
                                                                                       instructors.


17.0    Adjournment                                                                    Meeting adjourned at 2:58 p.m.




                                                                                                                                                       Board Minutes
                                                                                                                                                     January 18, 2007
                                                                                                                                                          Page 8 of 9
TOPIC             DISCUSSION                                ACTION               FOLLOW-UP



        Next meeting:
               February 15, 2007
               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/kd




                                                                                               Board Minutes
                                                                                             January 18, 2007
                                                                                                  Page 9 of 9

								
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