State of Tennessee Board of Respiratory Care Minutes/May 9, 2011

Respiratory Care Minutes May 9, 2011 1 Board of Respiratory Care Minutes Date:   May 9, 2010 Time:  9:00 C.S.T. Location:  Poplar Conference Room, Ground Floor 227 French Landing Drive Heritage Place, Metro Center Nashville, TN 37243 Members Present:  Candace Partee RRT, Chair Roger Major RRT, Secretary Teresa Hatcher, Consumer Member Colleen Schabacker, RRT Gene Gantt, RRT - Teleconference Members Absent: Delmar Mack, RRT, Ed.D.    Jeffrey McCartney, MD    Brian Cook, Hospital Administrator Staff Present: Marva Swann, Board Director Mary Webb, Board Administrator Ashley Carter, Assistant General Counsel Guest(s) Present:      Mike Harkreader, Representative, Tennessee Professional Assistance Program Purpose of Meeting The meeting was held with board member Gene Gantt by teleconference. Ashley Carter, Assistant General Counsel, stated pursuant to T.C.A. §8-44-108 (b) (2), an  electronic meeting was deemed necessary due to the cancellation of the February board meeting to inclement weather in order for the Board to discuss and take timely action to interview and review applicant files, review and discuss correspondence requests and ratify newly licensees. Ms. Schabacker made a motion seconded by Roger Major affirming the necessity of holding an electronic meeting of the Board. The motion carried by roll call vote with members voting to approve. Office of General Counsel Rules Discussion 1330-01-.24  Credentialing Respiratory Therapists to Provide Polysomnographic Services Pursuant to                     T.C.A.  §63-31-107(a)(5). Respiratory Care Minutes May 9, 2011 2 These rules increase the number of hours required for certification to provide polysomnographic services. The rules are being held in the Office of General Counsel and will be presented at the next available meeting date as per the administration. Litigation OGC currently has three (3) cases pertaining to the Board of Respiratory Care that will be submitted at the next Board meeting for guidance from the Board. There are three (3) Consent Orders for presentation at this meeting: David E. Brasfield, RRT - Violation of an order from the Board from 2006. Mr. Brasfield entered into a TnPap monitoring agreement for thirty six (36) months. On August 12, 2009, the monitoring agreement was extended through August 9, 2010 due to relapse. Mr. Brasfield agreed to surrender his license and pay costs. A motion was made by Mr. Major seconded by Ms. Schabacker to accept the consent order as presented. The motion carried followed by a roll call vote. Penny L. Parrish, RRT - Immoral, unethical unprofessional or dishonorable conduct. On June 6, 2009, Ms. Parrish sent a text message to co-worker 2 which was deemed sexual harassment and cause for termination. Ms. Parish agreed to have her license suspended for at least six (6) months while she obtains the advocacy of the Tennessee Professional assistance Program (TnPaP). After six (6) months suspension and obtaining advocacy TnPaP, Ms. Parish can request an Order of Compliance to have her license placed on probation for three (3) years to run concurrently with a minimum three (3) years of TnPaP advocacy she must maintain. Ms. Parish also agreed to pay civil penalties of two hundred dollars ($200.00) and costs of the matter. A motion was made by Mr. Major and seconded by Mr. Gantt to accept consent order as presented. The motion carried followed by a roll call vote. Harold A. King, RRT - Immoral, unethical, unprofessional or dishonorable conduct. On September 14, 2009, Mr. King was observed by security removing materials from biohazard boxes at Rhea Medical Center (RMC). Mr. King admitted that the items removed were partially used Demerol and Morphine bottles and to injecting himself intramuscularly with the Demerol and Morphine while working at RMC. Mr. King agreed to have his license revoked and to pay civil penalties totaling one thousand dollars ($1,000.00) and costs. A motion was made by Mr. Major and seconded by Ms. Hatcher to accept the consent order as presented. The motion carried followed by a roll call vote. Proposed Legislation House Bill 968 – Requires the Health Related Boards and the boards attached to the Division of Regulatory boards to develop a procedure to expedite the licensing or certification of persons who are licensed or certified in another state and accompanied their spouse, who is the subject of military transfer, to Tennessee. House Bill 76 - Relative to transfer funds from DOH to the state general fund. This bill prohibits the transfer of funds, beginning in FY 10-11, from the Department of Commerce and Insurance Division of Regulatory Boards Fund or Department of Health –Related Boards Fund to any other department or     Respiratory Care Minutes May 9, 2011 3 state agency. A motion was made by Ms. Schabacker and seconded by Mr. Major for the Respiratory Board to support this bill. The motion carried followed by a roll call vote. Senate Bill 1003- Relative to CSMD and release of data base information. This bill authorizes law enforcement personnel to access the Controlled Substance Monitoring Database if they meet the following requirements: pre-register with the Board of Pharmacy by written application; receive preapproval from their supervisor and the District Attorney General: and receive approval from the Board to access the database. Senate Bill 177 relative to activities of a lobbyist. This bill repeals the provision which prohibits persons registered as lobbyists from serving on the Advisory Council on Workers’ Compensation, Alcoholic Beverage Commission, Board of Licensing Contractors, Private Investigation and Polygraph Commission, Tennessee Advisory Committee for Acupuncture, Tennessee Massage Licensure Board, Board of Athletic Trainers, Council of Certified Professional Midwifery, and the Polysomnography Professional Standards Committee; eliminates the penalty provision regarding persons who violate the lobbyist activity prohibitions, and eliminates the authorization of the Bureau of Ethics and Campaign Finance to promulgate rules and regulations in order to effectuate the purpose of the lobbyist activity prohibitions. Senate Bill 505 relative to the title transparency. As introduced, requires health care practitioners licensed in the healing arts to affirmatively communicate proof of licensure to patients; expands list of practitioners required to post proof of licensure at their place of practice. Senate Joint Resolution 78 relative to establishing a special joint study committee to study the feasibility of establishing a system to make certain Health Related Boards and Commissions more autonomous. Board Member Training The recent offered by Administrative Law Judge, Tom Stovall, on contested cases procedures was videotaped and the materials were copied and are available. Approval of Minutes Mr. Major made a motion seconded by Ms. Schabacker to approve the minutes of the November 10, 2010 meeting as presented. The motion carried. Ms. Hatcher made a motion seconded by Ms. Schabacker to approve the minutes of the December 10, 2010 teleconference as presented. The motion carried. Investigation and Disciplinary Reports Ms. Swann, Unit Director, presented the Investigative and Disciplinary reports. There are four (4) RRT complaints and one (1) CRT complaint currently open in investigations. There are nine (9) RRT’s, eighteen (18)) CRT’s, and one (1) CRA currently being monitored following Board disciplinary action.     Respiratory Care Minutes May 9, 2011 4 Tennessee Professional Assistance Program (TnPAP) Report Mike Harkreader, Representative of Tennessee Professional Assistance Program (TnPAP), submitted the report for the period of July 1, 2010 through March 31, 2011. Seven (7) practitioners are being monitored. There were two (2) referrals from the Board. These referrals were made for a history of arrest/illegal drug use/DUI.    During this period, four (4) practitioners were discharged from the  program, two (2) because monitoring was deemed unnecessary, and one (1) because of noncompliance (which was reported to the Department of Health) and one (1) relocated outside of Tennessee.  Ms. Schabacker made a motion seconded by Ms. Hatcher to renew the TnPaP contract on the same terms as the contract now in place. The motion carried. Applicant Interview/File Review A. Darlene Creavin—Ms. Creavin appeared before the Board to answer questions. After interview and discussion, Ms. Schabacker made a motion seconded by Mr. Major to refer Ms. Creavin to TnPaP and approve the application contingent upon assessment by TnPaP. The motion carried. B. Rebecca Furrh—Ms. Furrh appeared before the Board to answer questions. After interview and discussion, Ms. Schabacker made a motion seconded by Mr. Major to refer Ms. Furrh to TnPaP and approve application contingent upon assessment by TnPaP. The motion carried. C. Kristen Goley—Ms Goley appeared before the Board to answer questions. After interview and discussion Ms. Schabacker made a motion seconded by Teresa Hatcher to refer Ms. Goley to TnPaP and approve the application contingent upon assessment by TnPaP. The motion carried. D. Casey York – Ms. York appeared before the Board to answer questions. After interview and discussion Ms. Schabacker made a motion seconded by Ms. Hatcher to refer Ms. York to TnPaP and approve the application contingent upon assessment by TnPaP. The motion carried. E. John Jared Moore- Mr. Moore appeared before the Board to answer questions. After interview and discussion Ms. Schabacker made a motion seconded by Mr. Major to refer Mr. Moore to TnPaP and approve the application contingent upon assessment by TnPaP. The motion carried. F. Rosalyn Bass – Ms. Bass was not present, but her application was discussed by the Board. Ms. Schabacker made a motion seconded by Ms. Hatcher to defer Ms. Bass file until the August board meeting pending receipt of further documentation. The motion carried. If her criminal case has been dismissed before the August meeting, a license may be issued. G. Timothy Brown – Mr. Brown was not present, but his application was discussed by the Board. Ms. Schabacker made a motion seconded by Ms. Hatcher to refer Mr. Brown to TnPaP and Respiratory Care Minutes May 9, 2011 5 approve for application contingent upon assessment from TnPaP. The Board also requested a formal Reprimand for making a misleading statement on his application. The motion carried. H. Tessa Buttrum- Ms. Buttrum was not present, but her file was discussed by the Board. Ms. Schabacker made a motion seconded by Ms. Hatcher to refer Ms. Buttrum to TnPaP and approve application contingent upon assessment from TnPaP. The motion carried. I. Joshua Hall- Mr. Hall was not present, but his application was discussed by the Board. Ms. Schabacker made a motion seconded by Roger Major to refer Mr. Hall to TnPaP and approve application contingent upon assessment from TnPaP. The motion carried. J. Rashawn Leland- Ms. Leland was not present, but her application was discussed by the Board. Ms. Leland was contacted by phone to get clarification regarding a statement she marked in the affirmative. Ms. Schabacker made a motion seconded by Mr. Gantt to grant Ms. Leland a license. The motion carried. K. Robert Plair- Mr. Plair was not present, but his application was discussed by the Board. Ms. Schabacker made a motion seconded by Mr. Gantt to grant Mr. Plair a license. The motion carried. Correspondence A. Charlie Brooks- Mr. Brooks appeared before the Board to get clarification if respiratory care practitioners in the State of Tennessee should hold a current NBRC credential of Registered Respiratory Therapist or Certified Respiratory Therapist to maintain a license to practice as a Licensed Registered Respiratory Therapist or as a Licensed Certified Respiratory Therapist in Tennessee. A motion was made by Ms. Schabacker and seconded by Mr. Major to consider the issue at the next board meeting. The motion carried. Ms. Schabacker made a motion seconded by Mr. Gantt that the Board adopt a policy statement that respiratory therapists must maintain a current NBRC, RRT and/or CRT credential for ABG analysis and polysomnography and that respiratory therapists must maintain a current NBRC, RRT and/or CRT credential for renewal of licensure in Tennessee. The motion carried. Ms. Schabacker made a motion seconded by Mr. Major that it wishes the administrative office alert licensees regarding changes in polysomnography and also regarding the policy statement. The motion carried. B. Earl Wyatt – Request to waive continuing education requirements for audit years 2008 and 2009. Since Mr. Wyatt placed his license into retirement Ms. Schabacker made a motion seconded Mr. Major to deny the request and issue a letter of warning. The motion carried. C. Kim Kerman – Request that Board of Respiratory Care seek an agreement with the Medical Laboratory Board that ABG methodology changes do not require an appearance before the board meeting for approval. The Board discussed the request and questioned whether it has the statutory power to make such an exemption. Ms. Schabacker made a motion seconded by Mr. Respiratory Care Minutes May 9, 2011 6 Major that the Respiratory Board does not have the authority to grant her request. The motion carried. D. Roxana Pool, RN, MHP – Request for clarification as to whether certified or registered respiratory therapists can change tracheotomy tubes. A motion was made by Ms. Schabacker and seconded by Mr. Gantt that it is within the registered respiratory therapist and certified respiratory therapist scopes of practice to change tracheotomy tubes. The motion carried. E. Kim Braswell BS, RRT – Request to consider whether, in order to bill for simple spirometry and exercise oximetry, would a technician be required to be a certified or registered respiratory therapist. A motion was made by Mr. Gantt and seconded by Mr. Major that the Board does not have authority over billing practices. The motion carried. F. Susan Deaton – Inquiry as to whether registered respiratory therapists giving Theophlyine and Perstatine medications in IV’s are within the scope of practice. Ms. Schabacker made a motion seconded by Mr. Gantt that administering nuclear medicines is not within the scope of practice for respiratory therapists. The motion carried. G. EMS ventilator transport – Ms. Schabacker explained to the board that she had received an email from Zachary Gantt that the EMS board has changed its policy and curriculum regarding how a patient is transported and transferred. A motion was made by Ms. Schabacker and seconded by Mr. Major to form an ad hoc committee with two members from the TSRC, two members from the EMS Board and two members from the Respiratory Board to address the concerns. Ms. Schabacker and Mr. Gantt volunteered to be a part of the committee. Rules Discussion Ms. Partee wanted the rules amended to state that a person seeking a new license must apply within a certain number of years after graduation whether that individual is a new applicant or coming in by reciprocity. A motion was made by Ms. Schabacker and seconded by Mr. Major for OGC to draft rule making language to bring to the August meeting for a rule change. The motion carried. Ms. Schabacker would like for the Board to buy computers specifically for the Board of Respiratory Care. A motion was made by Ms. Schabacker and seconded by Ms. Hatcher to research the cost of new computers for board meeting purposes. The motion carried. Ratifications A motion was made by Ms. Schabacker and seconded by Mr. Major to approve the following lists of initial and reinstatement applications for licensure and polysomnographic endorsements. The motion carried followed by a roll call vote. Respiratory Care Minutes May 9, 2011 7 REGISTERED RESPIRATORY THERAPISTS NEW LICENSES ADETOLA FUNMILADE AGBAJE SUSAN SMITH ARMSTRONG SHILAH L. ARNOLD CHANDRA THOMPSON AUTRY ALICIA ANNE BACHICHA MAGGIE AUSTIN BANNER KAYLA MELISSA BATES KERRY DALE BLACK JACQUELINE DYAN BORNE WILLIAM D. BOWMAN DANIEL NATHAN BRUCE SARA PERRY CANO SHANNON ROBERTS CARTER CYNDI HOOD CASSELL TINA MARIE COCHRAN KASEY RENEE CODY ASHLEY P. COTTRELL AMY RENEE CRAIG LANCE RAY CROTWELL KARLON DALLAS-DOTSON ANN MICHELLE DAMBY DANIEL F. DIGGLEY ANDREA HEATHER DUNN JEANNE S. EASTERLING JENNIFER CALDWELL EDWARDS SHETISHA D. EWING JOHN ANDREW FLETCHER CYNTHIA LYNETT FREELON LAUREN MICHAEL GARDNER DAREN JOHN GARES KELLY LAUREN GIBISON JACLYN LYNEDIA GREGG EMILY ANNE GREGOR LATISHA PAIGE GULLEY TODD ELLIS HALFORD TRICIA CHILDRESS HANTHORN KRISTINA RESENDEZ HEILMAN ZENA TINETTE HENDRIX MALLORY RENE HIGGINBOTHAM ANDREWW PHILLIP HOLDER LANEISE ANTINETTE HURT ELIZABETH HOWARD JACKSON GLORY DEAN JAMES SUSAN FULLER JOHNSON JENNIFER GILLIAM KILGORE ROSALIND ROBERTS KLEZOS KWELI TAYLOR LEE LEAH BETH LEEDY CHARLIE JEAN LILLY SONDRA ANN LIND KIMBERLY FAITH MANGUS JOHN CHARLES MAXWELL CARMEN BOBBITT MCCAIN NATASHA RICARD MCDONALD ROSE MARIE NEELY MCKIDDY PAUL GORDON MENTE TRACY CATRON MICHAEL JENNIFER LINSTROM MIDDLETON JOCELYN L. MORGAN BRADLEY KEITH MURPHY SONJA D’NYLLE NEIL WHITNEY ELIZABETH NELSON VALERIE VALENTE NICHOLSON IMUENTIYAN LINDA OSOSIGHO SHANNON ROSE OSBORN KAYLA SHREE OWENS VICTOR SCOTT PRICE JENNIFER LYNN REED PAUL EUGENE RIKER CORRY D. ROOKS LEIGH ANN SAMPLES LARAE JANETTE SAMS TIFFANY DISANTI SAVAGE BOBBI MORRELL SCALF DONNA GELTNER SCHAEFER AMBER WOLF SCHAEFFER KARYN GRIFFITH SCHMELZER CRYSTAL STEPP SHOEMAKER LISA MIRACLE SLOVER DARLA DENISE SNEDECOR SAMANTHA DAWN DAWN STANLEY SHERRI DAVIS STICKLER AMY FAITH STUBBLEFIELD RACHEL ANDREA SULLIVAN DEBRA HINES TUCKER HELEN SIMS JENNIFER CHINANDER DEBBIE MCCULLOUGH 8                     Respiratory Care Minutes May 9, 2011 REINSTATEMENTS KIMBERLY BRIDGES BURTON RRT JENNIFER D. MOORHOUSE JAMES G. REED TRICIA WHITTEN THOMAS POLYSOMNOGRAPHIC ENDORSEMENTS FOR REGISTERED REPIRATORY THERAPISTS TONI MARTIN-WILLIAMS – BRPT EXAM CONNIE PRICE – BRPT EXAM TRACY SCWARTZ – BRPT EXAM BRENDA HOLT – 3 RD PATHWAY JUNE ZACHARY – BRPT EXAM MARTIN VAUGHAN – BRPT EXAM CERTIFIED RESPIRATORY THERAPISTS NEW LICENSES STACY WASHINGTON BARNES HUBERT WAYNE BASS NICHOLAS EVAN BINGHAM PENNIE DARLENE BISHOP CORSSILA RENA BROWN LAURIE BELL BUCKSBAUM JESSICA BARNETT COSS SHANEKA NICOLE CUNNINGHAM ROBERT LEO FOURTNIER CHIZURU INOUE HASSAN MUSE JAMA RODNEY RUMON JEFFRIES PAMELA WILSON JOHNSON TIFFANY OLIVER JOHNSON ASATA MCMAHAN JONES KENDALL RYANT JONES ASHLEY ANN KEEN ALESHEIA A. KLENK ALEXZANDREA DANIELE MCCRARY LANITA D. MERRITT TERESA LEWIS MICHAEL BRADLEY KEITH MURPHY ANTHONY L. NEELEY RAKESH ISHVER PAREK HERMANAH PIERRE ELIZABETH BLAKE POINDEXTER JERRI STAFFORD RAMSEY ASHLEY CARWILE REESE PHILLIP SCOTT ROARK PAIGE BEGLEY SKEEN KENDRA SHUNTAY SLATER STEPHANIE BAILEY SMITH DIEDRA YOMI STOVALL JOAN KELLY TANNER MARK STANLEY TAYLOR DONALD MILES TWITTY TITUS L. WALKER PAMELA GAGLE WILSON LARRY PHILLIPS ROBIN LOVE REINSTATEMENTS SANDRAH KEITH COLEMAN CYNTHIA A FARMER JENNIFER RENEE HARRINGTON SHANNON GENEVRA WILLIAMS 9                     Respiratory Care Minutes May 9, 2011 POLYSOMNOGRAPHIC ENDORSEMENTS FOR CERTIFIED THERAPISTS HEATHER COX – 3 RD PATHWAY CHERYL PITTS – 3 RD PATHWAY SHANA SUTHERLAND – 3 RD PATHWAY Administrator’s Report As of April 29, 2011the numbers of active licensees were: • RRT—2753 • CRT—1763 • RCA—20 Board activity totals from November 09, 2010 through May 05, 2011 RRT CRT New licenses—88 New licenses—40 Reinstated—4 Reinstated—4 Retired—9 Retired—17 Failed to Renew—37 Failed to Renew—59 930 practitioners renewed during this period with 589 renewing online. The 2012 board meeting dates are: February 9 th May 17 th August 9 th November 15th Board Members All positions are currently filled. Financial Report Revenue collections for FY2010 were $124,241.00 with direct expenditures of $88,443.47. Ms. Schabacker requested to look into the feasibility of 10% and 20% decrease in renewal fees at the August meeting. 10                     Respiratory Care Minutes May 9, 2011 Adjournment There being no further business, the meeting was adjourned at 1:55 pm. ______________________________                                               ____________________ Candace Partee, RRT, Chair                                                                        Date