Agenda Item #11.A o c:a BOuArsiRDn OF VOC PAsyc TIONhAiatL ... · 22/02/2019  · Agenda Item #11.A...

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Agenda Item #11.A o c: BUSINESS, CONSUMER SERVICES, AND HOUSING AGENCY GOVERNOR EDMUND G. BROWN JR. Board of V a ocational N BO u A rsi RD n OF VO g andC P A syc TION h A iat L ri Nc UR Te SING ch & PSYCHI nicians M ATRIC T eeting ECHNICIANS May 16-18, 2018 2535 Capitol Oaks Drive, Suite 205, Sacramento, CA 95833-2945 DEPARTMENT OF CONSUMER AFFAIRS Phone (916) 263-7800 Fax (916) 263-7855 Web www.bvnpt.ca.gov Board of Vocational Nursing and Psychiatric Technicians Department of Consumer Affairs Public Board Meeting Minutes DATE: Friday, May 18, 2018 TIME: 9:00 a.m. 6:00 p.m. Or Until Completion of Business LOCATION: Department of Consumer Affairs, 1625 North Market Street, Hearing Room South, Room 102, Sacramento, CA 95834 BOARD MEMBERS PRESENT: Dr. Bernice Bass de Martinez, Public Member, Vice-President Paula De Herrera de Herrera, Public Member Aleta Carpenter, Public Member John Dierking, Public Member Kenneth Maxey, Public Member late arrival Donna Norton, LVN Member Samantha James-Perez, PT Member Paul Sellers, PT Member BOARD MEMBERS NOT PRESENT: Tammy Endozo, LVN Member, Board President Cheryl Turner, Public Member STAFF PRESENT: Elaine Yamaguchi, Executive Officer Vicki Lyman, Assistant Executive Officer Kenneth Swenson, DCA Senior Staff Counsel Attorney III Jen Johnson, Licensing and Evaluations Manager Jay Prouty, Enforcement Program Manager (Discipline Unit) Matthew McLean, Intake and Enhanced Screening Manager Jenny Penales, Board Analyst Kristine Dano, Management Services Technician Samantha Calma, Budget Analyst Tim Matsumoto, Retired Annuitant Jessica Gomez, Nursing Education Consultant Margarita Valdes, Nursing Education Consultant Faye Silverman, Nursing Education Consultant Beth DeYoung, Nursing Education Consultant 1

Transcript of Agenda Item #11.A o c:a BOuArsiRDn OF VOC PAsyc TIONhAiatL ... · 22/02/2019  · Agenda Item #11.A...

Page 1: Agenda Item #11.A o c:a BOuArsiRDn OF VOC PAsyc TIONhAiatL ... · 22/02/2019  · Agenda Item #11.A o c: BUSINESS, CONSUMER SERVICES, AND HOUSING AGENCY • GOVERNOR EDMUND G. BROWN

Agenda Item #11.A

o c:BUSINESS, CONSUMER SERVICES, AND HOUSING AGENCY • GOVERNOR EDMUND G. BROWN JR.

Board of Va ocational NBOuArsiRDn OF VOg andC PAsycTIONhAiatL riNc URTeSINGch & PSYCHInicians MATRIC TeetingE CHNICIANS

May 16-18, 2018 2535 Capitol Oaks Drive, Suite 205, Sacramento, CA 95833-2945 DEPARTMENT OF CONSUMER AFFAIRS

Phone (916) 263-7800 Fax (916) 263-7855 Web www.bvnpt.ca.gov

Board of Vocational Nursing and Psychiatric Technicians

Department of Consumer Affairs Public Board Meeting Minutes

DATE: Friday, May 18, 2018

TIME: 9:00 a.m. – 6:00 p.m. Or Until Completion of Business

LOCATION: Department of Consumer Affairs, 1625 North Market Street, Hearing Room – South, Room 102, Sacramento, CA 95834

BOARD MEMBERS PRESENT: Dr. Bernice Bass de Martinez, Public Member,

Vice-President Paula De Herrera de Herrera, Public Member Aleta Carpenter, Public Member John Dierking, Public Member Kenneth Maxey, Public Member – late arrival Donna Norton, LVN Member Samantha James-Perez, PT Member Paul Sellers, PT Member

BOARD MEMBERS NOT PRESENT: Tammy Endozo, LVN Member, Board President

Cheryl Turner, Public Member

STAFF PRESENT: Elaine Yamaguchi, Executive Officer Vicki Lyman, Assistant Executive Officer Kenneth Swenson, DCA Senior Staff Counsel Attorney III Jen Johnson, Licensing and Evaluations Manager Jay Prouty, Enforcement Program Manager (Discipline Unit) Matthew McLean, Intake and Enhanced Screening Manager Jenny Penales, Board Analyst Kristine Dano, Management Services Technician Samantha Calma, Budget Analyst Tim Matsumoto, Retired Annuitant Jessica Gomez, Nursing Education Consultant Margarita Valdes, Nursing Education Consultant Faye Silverman, Nursing Education Consultant Beth DeYoung, Nursing Education Consultant

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Board of Vocational Nursing and Psychiatric Technicians Meeting May 16-18, 2018

9:00 a.m. OPEN SESSION Agenda Item 9 Call to Order, Roll Call, and Establishment of Quorum

The meeting was called to order by Board Vice President, Bernice Bass de Martinez at 9:05 a.m., Friday, May 28, 2018, at the Department of Consumer Affairs, 1625 North Market Street, Hearing Room South, Room 102, Sacramento, CA 95834.

Dr. Bass de Martinez took attendance of Board Members by roll call. A quorum was

confirmed. Board Members introduced themselves. Agenda Item 10 Pledge of Allegiance Paul Sellers led the Pledge of Allegiance.

Agenda Item 11 Introduction of Board Members and Board Staff/Chair’s

Remarks

Elaine Yamaguchi, Executive Officer, introduced herself and staff present. Kenneth L. Swenson, DCA Senior Staff Counsel Attorney III, introduced self.

Agenda Item 12 Board Meeting Minutes – Review and Approval A. February 22-23, 2018 Public Comment: None Board Discussion: None B. April 20, 2018 Public Comment: None Board Discussion: None Motion: Approve both sets of minutes from the February meeting and the April special meeting if there are no errors or omissions. Moved: John Dierking Seconded: Aleta Carpenter

Member Name Yes No Abstain Absent Recusal

Endozo, Tammy A

Bass de Martinez, Bernice Y

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Board of Vocational Nursing and Psychiatric Technicians Meeting May 16-18, 2018

De Herrera, Paula Y

Carpenter, Aleta Y

Dierking, John Y

James-Perez, Samantha A

Maxey, Kenneth A

Norton, Donna Y

Sellers, Paul Y

Turner, Cheryl A

Agenda Item 13 Executive Officer’s Report

A. Introduction of Staff Present

B. Administration and Support Services Division Report Jen Johnson, Licensing and Evaluations Manager, presented the Administration and Support Services Report which included updates on staffing, lease renewal, and committee meetings. Processing time statistics were also presented.

Public Comment: None Board Discussion:

• Ms. Norton noted that it would be helpful to have last year’s statistical averages of the processing times to compare to the current year’s average.

C. March 5th Hearing

Ms. Yamaguchi updated the Board regarding the March 5th Hearing, which was the annual Sunset Review for the Department of Consumer Affairs. The Legislature had specific questions regarding BVNPT, and the Board was invited to speak. In testifying, Ms. Yamaguchi discussed the staffing and infrastructure changes, President Endozo spoke on the Board’s work implementing the Monitor’s Report, and Vice President Bass de Martinez spoke about the Board’s strategic planning.

Public Comment: None Board Discussion: None

D. Budget and Financial Report – DCA Budget Office

Mark Ito, DCA Budget Manager, presented the Budget and Financial Report. This report included the analysis of fund condition. He stated that budget change proposals are not public information.

Public Comment: None

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Board of Vocational Nursing and Psychiatric Technicians Meeting May 16-18, 2018

Board Discussion:

• Ms. De Herrera de Herrera wanted more information as to why the Board is anticipating a significant decrease in surplus for fiscal year 2018-19.

• Mr. Ito explained that the income from surplus income is based on the Board’s funds. When the funds decrease over the years, the income from surplus funds also decreases.

• Dr. Bass de Martinez expressed that the budget review helped determine the fee range and that the main revenue for the Board is through fees.

Agenda Item 14 Executive Committee – Report, Recommendations, and Possible Actions

A. Committee Report

Jen Johnson, Licensing and Evaluations Manager, presented the Executive Committee Report. Ms. Johnson went over the current vacancy list, BMOT training, and the staff engagement survey results.

Public Comment: None Board Discussion:

• Dr. Bass de Martinez stated that Board President Endozo will contact each of the committee chairs for feedback on committee restructuring.

Motion: Approval of the report. Moved: Dr. Bernice Bass de Martinez Seconded: Samantha James-Perez

Member Name Yes No Abstain Absent Recusal

Endozo, Tammy A

Bass de Martinez, Bernice Y

De Herrera, Paula Y

Carpenter, Aleta Y

Dierking, John Y

James-Perez, Samantha Y

Maxey, Kenneth Y

Norton, Donna Y

Sellers, Paul Y

Turner, Cheryl A

Agenda Item 15 Evaluations Committee – Report, Recommendations, and

Possible Actions A. Committee Report

Jen Johnson, Licensing and Evaluations Manager, presented the Evaluations Committee Report. The report included updates on the call center, staffing, and Continuing Education (CE) Audit.

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Board of Vocational Nursing and Psychiatric Technicians Meeting May 16-18, 2018

Mr. Swenson gave a brief update on the renewal/ILF Forms. He stated that the forms are being reviewed by Legal. They are addressing changes required by law and are making the forms more user friendly.

Public Comment: None Board Discussion:

• Ms. James-Perez asked if the CE Audit will resume during the BreEZe May 2018 release.

• Dr. Bass de Martinez stated that it will not resume and that this is a process in progress. Once the process has been revamped and vetted, it would be shared.

Motion: Acceptance of Evaluations Committee report. Moved: Bernice Bass de Martinez Seconded: Kenneth Maxey

Member Name Yes No Abstain Absent Recusal

Endozo, Tammy A

Bass de Martinez, Bernice Y

De Herrera, Paula Y

Carpenter, Aleta Y

Dierking, John Y

James-Perez, Samantha Y

Maxey, Kenneth Y

Norton, Donna Y

Sellers, Paul Y

Turner, Cheryl A

B. Licensing Division Report Jen Johnson, Licensing and Evaluations Manager, presented the Licensing Division Report. This report included staffing updates, CE Audit Program update, application evaluations, processing times, and military webpage.

Public Comment: None Board Discussion:

• Ms. James-Perez mentioned that she would be interested in the time difference for incomplete online and in-house applications, as there have been complaints from schools regarding application times.

• Ms. De Herrera de Herrera added that as we check the processing times, can staff look at making the online platform more user friendly to increase the number of completed applications.

• Ms. Johnson commented that there was a presentation at the director’s forum on completing the online application from start to finish.

• Ms. De Herrera de Herrera suggested uploading the presentation and link it to the website for applicant’s reference. She also stated that she would like to see updated

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Board of Vocational Nursing and Psychiatric Technicians Meeting May 16-18, 2018

statistics at future Board Meetings to compare the progress from previous year to the current year.

Agenda Item 16 Licensing Committee – Report, Recommendations, and Possible Actions

A. Committee Report

Jen Johnson, Licensing and Evaluations Manager, presented the Licensing Committee Report. This report included updates on staffing, call center, and the licensing division performance measures.

Mr. Swenson gave the unassigned cash, cite and fine update. They are currently looking to enhance the collection of cost recovery for disciplinary matters. The Licensing Committee will report more details on any changes at the next Board meeting.

Public Comment:

• Coby Pizzotti, California Association of Psychiatric Technicians (CAPT), voiced concern that Psychiatric Technicians in state facilities cannot provide proof that they renewed their licenses.

• Ms. De Herrera expressed that this topic should be noted and discussed at the next committee meeting and find a potential solution.

Board Discussion:

• Ms. Norton asked if the online verification of CE’s is still in process. • Ms. Johnson stated the BreEZe May 2018 release will be streamlining the CE audit.

Motion: Approve to accept both Licensing Committee and Licensing Division report. Moved: Bernice Bass de Martinez Seconded: Kenneth Maxey

Member Name Yes No Abstain Absent Recusal

Endozo, Tammy A

Bass de Martinez, Bernice Y

De Herrera, Paula Y

Carpenter, Aleta Y

Dierking, John Y

James-Perez, Samantha Y

Maxey, Kenneth Y

Norton, Donna Y

Sellers, Paul Y

Turner, Cheryl A

Agenda Item 17 Legislation and Regulations Committee – Report,

Recommendations, and Possible Actions

A. Committee Report Ms. Calma provided a summary of the committee meeting on April 6, 2018. Items discussed are as follows:

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Board of Vocational Nursing and Psychiatric Technicians Meeting May 16-18, 2018

1. Discussion on the legislative tracking grid that lists all of the bills the Board is tracking.

• AB 827 – Establishes a tasks force for foreign-trained professional entering the work force. No change since the last update so the committee is taking a watch position.

• AB 888 - Delegates authority to the Executive Officer to adopt default decisions. A lengthy discussion was had on the number of non-adopts that occurred over the past several years. Statistics were given on the number of cases adopted and the number of non-adopts and concern from several of the board member was voiced on why this occurred.

• Four other Boards within DCA delegate this authority to their Executive Officer.

• This bill addressed default decisions that would applied to vocational nursing licensees but did not mention psychiatric technicians. The board discussed reaching out to the author of this bill and request the bill be amended to include Psychiatric Technicians in this bill

• Legal confirmed that expressed statutory authority must be granted in order to enable the Executive Officer to adopt default decisions. This bill does not amend any procedures in the administrative procedures act of the government code so that licensees who seek reconsideration or to vacate the default decisions remain intact. This bill only amends provision in the Business and professions code that relate to licensees so that the general procedures of the administrative act apply to all boards and bureaus to have formal hearing processes. All the existing protections will remain in place.

• Public comment was given and concern over due process was expressed. After hearing additional information was presented, the public comment person stated “…that does satisfy my concerns…”

Motion: To reach out to the legislative author’s office and ask that the PT regulations also be amended to include acceptance of default decisions and

stipulated surrender of license to our executive officer.

Moved: Samantha James-Perez/Seconded: Donna Norton Member Name Yes No Abstain Absent Recusal

Endozo, Tammy A

Bass de Martinez, Bernice Y

De Herrera, Paula Y

Carpenter, Aleta Y

Dierking, John Y

James-Perez, Samantha Y

Maxey, Kenneth Y

Norton, Donna Y

Sellers, Paul Y

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Board of Vocational Nursing and Psychiatric Technicians Meeting May 16-18, 2018

Turner, Cheryl A

• AB 1659 – Healing arts Inactive licenses. Prohibits licensee with inactive license from representing they have an active licensee and allows boards to lower the licensee’s renewal fee.

• AB 2138 – Ease restrictions for licensure requirements for prior offenders or individuals with criminal convictions. Places limits on what the board can consider when denying an applicant for licensure or suspending or revoking a license.

• Board staff have public safety concerns and discussed removing healing arts from the bill. Limits the terms of probation that can be assigned to both applicants and licensees.

• A stakeholders meeting was held on May 10th with the author’s office and concerns over this bill was expressed.

• The bill has passed through the policy committee in the first house and now in appropriations Governor’s Office is keenly interested and supportive of finding ways to help rehabilitate people who have paid their price to make sure they are able to get gainful employment. A very good goal.

• This bill has a considerable fiscal cost to this board to implement and a substantial price tag when implemented throughout DCA.

• Several of the other DCA boards have expressed concern over this bill and will be asking their boards to oppose this bill if they haven’t already done so.

• Staff presented the following issues and relayed some concerns noted at a DCA roundtable discussion of this bill:

o The 5-year wash out wherein the licensee cannot be denied a license five-years after conviction if the conviction was a non-violent felony.

o Allows the petitioner to petition the board for modification of their probation within 1 year or early termination after 2 years and requires the board to make a decision within 90 days if a petitioner requests and the petition would be granted in the board did not issue a denial within the 90 days.

o An estimated 1-time cost of $16,000 for regulation changes plus and estimate $675,000 per year to fund additional board meeting to adhere to a 90-day requirement and 6 new staff and BreEze system modification.

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Board of Vocational Nursing and Psychiatric Technicians Meeting May 16-18, 2018

Motion: To direct the leg/reg committee and staff to issue an oppose position

unless amended to remove healing arts language from the types of boards

specified.

Moved: Samantha James-Perez Seconded: Donna Norton Member Name Yes No Abstain Absent Recusal

Endozo, Tammy A

Bass de Martinez, Bernice Y

De Herrera, Paula Y

Carpenter, Aleta Y

Dierking, John Y

James-Perez, Samantha Y

Maxey, Kenneth Y

Norton, Donna Y

Sellers, Paul Y

Turner, Cheryl A

• AB 2409 – Prohibited a board from using a person’s criminal record as an automatic or permanent bar to licensure. As of April 17th, the bill failed in committee.

• SB 715 - Failure to attend meetings of the board as an example of continued neglect of duties required by law and the Governor can use to remove a member from a board. No update on this bill.

• SB 762 – Requires boards to waive reactive fees for inactive license holders if the purpose is for the individual to provide voluntary unpaid services. No updates to this bill.

• SB 1003 – Defines different levels of respiratory therapy care (basic, intermediate and advanced) and not intended to restrict BVNPT’s scope of practice.

• Board members questions the intent of the Respiratory Care board (RCB) and feel they are a direct threat to the BVNPT’s scope of practice.

• On-going discussions and future meeting with the RCB are scheduled.

• Public comment supported the motion before the board.

Motion: To direct the leg/reg committee and staff to approach the author and

include specific language tailored to Psychiatric Technician and Licensed

Vocational Nurse licensees to include these licensees as already involving

themselves in certain respiratory procedures as part of the scope of practice.

Moved: John Dierking Seconded: Samantha James-Perez Member Name Yes No Abstain Absent Recusal

Endozo, Tammy A

Bass de Martinez, Bernice Y

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Board of Vocational Nursing and Psychiatric Technicians Meeting May 16-18, 2018

De Herrera, Paula Y

Carpenter, Aleta Y

Dierking, John Y

James-Perez, Samantha Y

Maxey, Kenneth Y

Norton, Donna Y

Sellers, Paul Y

Turner, Cheryl A

• Update on the Board’s fee increase legislation. Went over the proposed language and the Senate fee questionnaire.

• Update on the status of regulations amending pass rates for VN and PT schools. On March 1 St the Education Division met with stakeholder to discuss pass rates. Due to other mission critical matters this has been delayed.

B. Summary of April Teleconference Board Meeting

Ms. Yamaguchi summarized the Board’s April 20, 2018 teleconference meeting

to approve the draft language and questionnaire to provide to the Senate

Committee for inclusion in legislation.

Motion: Propose change in order of agenda. Moved: John Dierking Seconded: Kenneth Maxey

Member Name Yes No Abstain Absent Recusal

Endozo, Tammy A

Bass de Martinez, Bernice Y

De Herrera, Paula Y

Carpenter, Aleta Y

Dierking, John Y

James-Perez, Samantha Y

Maxey, Kenneth Y

Norton, Donna Y

Sellers, Paul Y

Turner, Cheryl A

C. Response to Questions from Teleconference

Ms. Calma provided Board members with the three additional items requested

from the April teleconference:

1. Time Study of Nursing Education Consultants’ Review Processes

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Board of Vocational Nursing and Psychiatric Technicians Meeting May 16-18, 2018

Staff prepared a detailed breakdown of work time associated with each task the NECs complete, relative to the five proposed fees. The original proposed fees were reassessed and adjusted to better reflect the estimated time processing each application type. This revised proposal would decrease three school fees and increase two from the levels listed in the version presented in April.

2. Waiver or Discounted Fee for Public Nonprofit Schools Over 150 Board-approved schools were assessed, and school types determined. The percentage of each type of school is broken down and applied to the five different scenarios using the original proposed fees. Revenue projections were provided for new school fees, continual approval fees, and provisional approval fees as they represent the highest number of hours spent by NECs. A fiscal impact chart was provided to the Board with the amended fees.

3. Information Regarding Gradual Increase in Fees More research is needed before determining different types of scenarios.

Public Comment:

• Coby Pizzotti expressed concerns regarding the fee structure including the applications being sent to the NECs for review since some applications take more review time than others. He is also concerned about community colleges and non-profit schools paying the same fees as private for-profit schools.

• Abdel Yoser, Unitek College, asked if the school will see a different timeline when approving curriculum as fees are being put in place and if the fees provide more resources to assist the NECs in finishing the reviews

• Kary Weybrew, Concorde Career College, encouraged the Board to consider equity in fees. The type of school shouldn’t matter as the resources being offered are the same.

• Gwen Ross, Clovis Adult School, is in full agreement with the fees. She also agrees with Ms. De Herrera de Herrera’s comment that the school is responsible for setting a good curriculum and outcome because of the fee structure.

• Paula Richards, Director of Nursing Institute of Technology Modesto and Clovis Campus, does not agree with charging the for-profit schools more than other schools.

Board Discussion:

• Dr. Bass de Martinez suggested that we look at how other Boards determine their school fees including student capacity and the type/kind of institution.

• Ms. Yamaguchi stated that the Board’s preferred scenario regarding the educational fees would be to put into effect immediately.

• Ms. De Herrera would like Board to consider implementing fees as soon as it gets approved and states that it will encourage schools to stay on the right track and work better.

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Board of Vocational Nursing and Psychiatric Technicians Meeting May 16-18, 2018

Motion: Accept the Legislation and Regulations Committee Report and further direct the Executive Officer to engage stakeholders in developing an appropriate recommended scenario with the respect to the fee structure. Moved: John Dierking Seconded: Paula De Herrera de Herrera

Member Name Yes No Abstain Absent Recusal

Endozo, Tammy A

Bass de Martinez, Bernice Y

De Herrera, Paula Y

Carpenter, Aleta Y

Dierking, John Y

James-Perez, Samantha Y

Maxey, Kenneth Y

Norton, Donna Y

Sellers, Paul Y

Turner, Cheryl A

Public Comment:

• Coby Pizzotti stated that he supports the motion and would like to be included in discussions with stakeholders.

Board Discussion:

• Ms. De Herrera commented that she would appreciate it if information on the legislation discussed is included with the agenda items sent to the Board prior to the Board meeting.

Agenda Item 18 Practice Committee - Report, Recommendations, and

Possible Actions A. Committee Report

Ms. James-Perez presented the Practice Committee Report stating that the majority of the April Committee meeting focused on SB 1003. The committee wants to have a series of town hall style meetings to educate stakeholders and interested parties on the VN and PT scope of practice.

Motion: Accept Practice Committee report. Moved: Samantha James-Perez Seconded: Aleta Carpenter

Member Name Yes No Abstain Absent Recusal

Endozo, Tammy A

Bass de Martinez, Bernice Y

De Herrera, Paula Y

Carpenter, Aleta Y

Dierking, John Y

James-Perez, Samantha Y

Maxey, Kenneth Y

Norton, Donna Y

Sellers, Paul Y

Turner, Cheryl A

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Board of Vocational Nursing and Psychiatric Technicians Meeting May 16-18, 2018

Public Comment: None Board Discussion:

• Ms. Norton asked if the committee is looking at the overall scope of practice or just as it relates to respiratory therapy.

• Ms. James-Perez answered that the committee is looking at it overall and the problem they are coming across is that the more specific it gets, it becomes more prohibitive.

• Ms. Gomez suggested that the town hall meetings be held as a teleconference and send out surveys to other states to find out what their scope of practice is with respiratory therapy.

• Ms. De Herrera recommended that if webinars are being done, ensure that there is a platform that will allow people to provide input.

Agenda Item 19 Administrative Committee – Report, Recommendations, and

Possible Actions A. Committee Report

Ms. James-Perez presented the Administrative Committee Report. She reported that the major topic of discussion was the employee survey. Specifics of the survey results were not presented due to the confidentiality. Staff is taking positive action in response to the survey. The staff survey will be conducted again during the fall.

Motion: Accept Administrative Committee report. Moved: Samantha James-Perez Seconded: Paula De Herrera de Herrera

Member Name Yes No Abstain Absent Recusal

Endozo, Tammy A

Bass de Martinez, Bernice Y

De Herrera, Paula Y

Carpenter, Aleta Y

Dierking, John A

James-Perez, Samantha Y

Maxey, Kenneth Y

Norton, Donna Y

Sellers, Paul Y

Turner, Cheryl A

Public Comment: None Board Discussion:

• Ms. Norton commented that she would like to see staff attend and observe Board meetings. She is also happy to hear that the morale of the Board staff is improving.

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Board of Vocational Nursing and Psychiatric Technicians Meeting May 16-18, 2018

• Mr. Maxey inquired about leadership development and training, and if the Board holds themselves accountable to ensure opportunities for staff to move to other positions and what can be done to ensure that it happens.

• Ms. Yamaguchi replied that this was one of the main topics staff mentioned in the survey and that there are not many opportunities to advance within BVNPT. The Executive Management team will be providing some career development training and coaching for the staff.

Agenda Item 20 Enforcement Committee – Report, Recommendations, and Possible Actions

A. Committee Report

Ms. James-Perez presented the Enforcement Committee report. The committee report included updates on staffing, the status of the Intake and Enhanced Screening unit, the Special Investigation unit workload, Board enforcement statistics, the Monitor’s recommendations, and strategic planning.

B. Enforcement Division Report Matt McLean, Intake and Enhanced Screening Unit Manager, presented the report. The division report included staffing update and the AB 1229 Sunset Review. The Board members received quarterly report statistics.

Ms. James-Perez added that the responses and updates on implementation of the Monitor’s recommendations will be included in the July 1st report submitted to the legislature.

Motion: Accept Enforcement Committee and Enforcement Division reports. Moved: Samantha James-Perez Seconded: Kenneth Maxey

Member Name Yes No Abstain Absent Recusal

Endozo, Tammy A

Bass de Martinez, Bernice Y

De Herrera, Paula Y

Carpenter, Aleta Y

Dierking, John A

James-Perez, Samantha Y

Maxey, Kenneth Y

Norton, Donna Y

Sellers, Paul Y

Turner, Cheryl A

Public Comment:

• Coby Pizzotti, requests to rescind the motion or to make a substitute motion. He wants the Board to extend to licensees the courtesy of having a legal or labor representative present during interviews with investigators.

• Legal Counsel Swenson advised that the following is a public comment and there is no agenda item to address this issue, which would violate the open meeting act to consider any amendment to the pending motion based on the issue. Lastly, he

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Board of Vocational Nursing and Psychiatric Technicians Meeting May 16-18, 2018

advised the speaker to communicate his concerns in writing to the Executive Officer regarding this issue.

Board Discussion: None

Agenda Item 21 Education Committee – Report, Recommendations, and

Possible Actions A. Committee Report

Jessica Gomez, NEC, presented the Education Committee report. Ms. Gomez reported on the data collection efforts staff had coordinated earlier this year. Ms. Gomez mentioned that, according to employers and LVNs, students are not ready for entry level nursing jobs after finishing the program. Ms. Gomez presented the following recommendations to the Board:

1. Maintain the recommended curriculum content as presented in California Code of Regulations, Title 16, Division 25, Chapter 1, section 2533(c) for VNs and Chapter 2, section 2588(c) for PTs.

2. Require programs to evaluate curriculum and instructional plans to identify content to include:

o Leadership and delegation skills; o Communication skills with patients, facility staff, physicians; o Care of the diverse client population to include:

▪ Ethnicity ▪ Religion ▪ Communication styles

o Ethical decisions; and o Computation of medication dosages (Math for administering

medications). 3. Recommend changing the California Code of Regulations, Title 16,

Division 25, Chapter 1, section 2534(c) for VNs and Chapter 2, section 2588(c) for PTs to decrease the ratio of clinical instructor to students from 1:15 to a ratio of 1:10.

4. Recommend changing the regulation regarding faculty qualifications in California Code of Regulations, Title 16, Division 25, Chapter 1, section 2529(c) for VNs and Chapter 2, section 2584(c) for PTs to require a minimum of a Master’s Degree for the program director and a minimum of a baccalaureate degree in a health-related field for an instructor.

5. Develop new regulations that allow VN and PT programs to provide a portion of their approved clinical hours utilizing simulations.

Motion: Accept the NECs’ report, but accept only recommendations 1, 2, 3, and 5, and eliminate recommendation 4. Moved: Samantha James-Perez Seconded: Kenneth Maxey

Member Name Yes No Abstain Absent Recusal

Endozo, Tammy A

Bass de Martinez, Bernice Y

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Board of Vocational Nursing and Psychiatric Technicians Meeting May 16-18, 2018

De Herrera, Paula A Y

Carpenter, Aleta Y

Dierking, John A

James-Perez, Samantha Y

Maxey, Kenneth Y

Norton, Donna Y

Sellers, Paul Y

Turner, Cheryl A

Public Comment:

• Paula Richards, Director of Nursing of IOT Modesto and Clovis, supports and appreciates the efforts of the NECs. Ms. Richards disagrees with instructors having a bachelor’s degree only.

Board Discussion:

• Ms. James-Perez wanted to verify if the recommendation regarding computation of medication dosages is already included in pharmacology.

• Ms. Gomez stated that it is included but students are not able to confidently do the dosage work in a timely manner while on the job.

• Ms. James-Perez voiced that she is in complete disagreement with recommendation number 4.

• Dr. Bass de Martinez explained that as a Board, we do not mandate or dictate how instruction occurs.

B. Education Division Report

Ms. Gomez stated that there were inconsistencies found in the Education Division report and an updated one will be presented at the next Board meeting

C. Reconsideration of Provisional Approval and/or Consideration of Request

to Admit Students 1. Mission College, Santa Clara, Psychiatric Technician Program

Margarita Valdes (NEC) reported that the Mission College Psychiatric Technician Program was presented for reconsideration of provisional approval. Ms. Valdes made the following recommendation:

• Deny full Board approval of the program and extend the provisional status to November 2018.

Program Representative: Marsha Oliver, Director of Psychiatric Technician Program for Mission College, stated that there were 6 students that have taken the test and 5 have passed, which brings their passage rate to 83%.

Public Comment: None Board Discussion:

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Board of Vocational Nursing and Psychiatric Technicians Meeting May 16-18, 2018

• Ms. James-Perez asked Ms. Oliver if the school is offering continued preparation review to take the state board for students.

• Ms. Oliver stated that there isn’t a standard psychiatric technician review, but they have students participate in the VN NCLEX review for the fundamental medical/surgical section.

Motion: Accept the NEC’s report and adopt recommendation as submitted. Moved: John Dierking Seconded: Samantha James-Perez

Member Name Yes No Abstain Absent Recusal

Endozo, Tammy A

Bass de Martinez, Bernice Y

De Herrera, Paula Y

Carpenter, Aleta Y

Dierking, John Y

James-Perez, Samantha Y

Maxey, Kenneth Y

Norton, Donna Y

Sellers, Paul Y

Turner, Cheryl A

2. West Coast Ultrasound Institute, Beverly Hills, Vocational Nursing Program Beth DeYoung (NEC) presented the West Coast Ultrasound Institute Vocational Nursing Program to the Board for reconsideration of provisional approval. Ms. DeYoung made the following recommendations:

• Grant full approval of the West Coast Ultrasound Institute, Beverly Hills, Vocational Nursing Program for a four-year period.

• Approve one full-time evening class of 20 students, commencing on July 3, 2018.

• Continue the requirement that the program obtain Board approval prior to the admission of each class.

Program Representative: Hany Nashed, Director of Nursing at West Coast Ultrasound Institute Beverly Hills Campus, had no comment about the report and recommendations.

Public Comment: None Board Discussion: None Motion: Accept the NEC’s report and adopt recommendations as submitted. Moved: John Dierking Seconded: Kenneth Maxey

Member Name Yes No Abstain Absent Recusal

Endozo, Tammy A

Bass de Martinez, Bernice Y

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Board of Vocational Nursing and Psychiatric Technicians Meeting May 16-18, 2018

De Herrera, Paula Y

Carpenter, Aleta Y

Dierking, John Y

James-Perez, Samantha Y

Maxey, Kenneth Y

Norton, Donna Y

Sellers, Paul Y

Turner, Cheryl A

3. Homestead Schools, Inc., Torrance, Vocational Nursing Program

Margarita Valdes (NEC) presented the Homestead Schools, Inc. Vocational Nursing Program request for consideration for full Board approval of the program, a request to admit one full-time evening class of 24 students beginning May 28, 2018, and graduating June 14, 2019, to replace the class that will graduate May 18, 2018, and request an additional part-time day class of 24 students starting May 26, 2018 and graduating April 25, 2020. Ms. Valdes made the following recommendations:

• Approve the director’s request for full Board approval of the program. • Approve request to admit one full time evening class of 24 students

beginning May 28, 2018, and graduating June 14, 2019, to replace the class graduating May 18, 2018.

• Approve request for one additional part-time day class of 24 students starting May 26, 2018, and graduating April 25, 2020.

Program Representative: Adelwisa Blanco, Director and Nursing for Homestead Schools, Inc. was present and thanked Ms. Valdes and the Board.

Public Comment: None Board Discussion: None Motion: Accept the NEC’s report and adopt the recommendations as submitted. Moved: Samantha James-Perez/Seconded: John Dierking

Member Name Yes No Abstain Absent Recusal

Endozo, Tammy A

Bass de Martinez, Bernice Y

De Herrera, Paula Y

Carpenter, Aleta Y

Dierking, John Y

James-Perez, Samantha Y

Maxey, Kenneth Y

Norton, Donna Y

Sellers, Paul Y

Turner, Cheryl A

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Board of Vocational Nursing and Psychiatric Technicians Meeting May 16-18, 2018

4. North-West College, Pomona, Vocational Nursing Program

Faye Silverman (NEC) presented the North-West College Vocational Nursing Program for reconsideration of provisional approval to admit students and request for approval of a major curriculum revision. Ms. Silverman made the following recommendations:

• Approve the North-West College, Pomona, Vocational Nursing Program for full approval for four years.

• Approve the program’s request for the major curriculum revision.

• Approve the request to admit one full-time class of 30 students on June 25, 2018.

Program Representative: Adnan Almouazzen, Director of the Nursing Program, approves and accepts the recommendations. He also thanked Ms. Silverman for her support and help.

Public Comment: None Board Discussion: None Motion: Accept the NEC’s report and adopt the recommendations as submitted. Moved: John Dierking Seconded: Samantha James-Perez

Member Name Yes No Abstain Absent Recusal

Endozo, Tammy A

Bass de Martinez, Bernice Y

De Herrera, Paula Y

Carpenter, Aleta Y

Dierking, John Y

James-Perez, Samantha Y

Maxey, Kenneth Y

Norton, Donna Y

Sellers, Paul Y

Turner, Cheryl A

D. Consideration of Requests to Admit Students by Programs on Provisional

Approval

1. Angeles Institute, Artesia, Vocational Nursing Program Beth DeYoung (NEC) presented the Angeles Institute for consideration to admit one full-time class of 30 students commencing on May 21, 2018, graduating on March 1, 2019, to replace the class that graduated on January 19, 2018. On May 12, 2017, the Angeles Institute Vocational Nursing Program was placed on provisional approval for the period from May 12,

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Board of Vocational Nursing and Psychiatric Technicians Meeting May 16-18, 2018

2017, through May 31, 2019, due to noncompliance with regulatory requirements relative to program’s annual pass rates. Ms. DeYoung made the following recommendations:

• Deny one full-time class of 30 students.

• Approve one full-time class of 20 students.

• Continue the program’s requirement to obtain Board approval prior to the admission of each class.

• Place the program on the Board’s May 2019 agenda for reconsideration of provisional approval.

Program Representative: Brandy Coward, Director of Nursing, agrees with Ms. DeYoung’s report and recommendations.

Public Comment: None Board Discussion: None Motion: Accept the NEC’s report and adopt the recommendations as submitted. Moved: John Dierking Seconded: Kenneth Maxey

Member Name Yes No Abstain Absent Recusal

Endozo, Tammy A

Bass de Martinez, Bernice Y

De Herrera, Paula Y

Carpenter, Aleta Y

Dierking, John Y

James-Perez, Samantha Y

Maxey, Kenneth Y

Norton, Donna Y

Sellers, Paul Y

Turner, Cheryl A

2. Medical Allied Career Center, Santa Fe Springs, Vocational Nursing

Program Beth DeYoung (NEC) presented the Medical Allied Career Center Vocational Nursing Program for consideration to admit one part-time class of 20 students commencing on July 31, 2018, graduating February 16, 2020. On February 10, 2017, the Board placed the program on provisional approval for the period from February 10, 2017, through February 28, 2019, due to noncompliance with regulatory requirements. Specifically, the program admitted a class without prior approval by the Board. The class was discontinued and later approved by the Board to commence on January 31, 2017, graduating September 2018. Ms. DeYoung made the following recommendations:

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Board of Vocational Nursing and Psychiatric Technicians Meeting May 16-18, 2018

• Approval of one part-time class of 20 students commencing on July 31, 2018.

• Continue the program’s requirement to obtain Board approval prior to the admission of each class.

• Place the program on the Board’s February 2019 agenda for reconsideration of provisional approval.

Program Representative: Liz Gerber, Assistant Director, has no comment.

Public Comment: None Board Discussion: None

Motion: Accept the NEC’s report and adopt the recommendations as submitted. Moved: John Dierking/Seconded: Samantha James-Perez

Member Name Yes No Abstain Absent Recusal

Endozo, Tammy A

Bass de Martinez, Bernice Y

De Herrera, Paula Y

Carpenter, Aleta Y

Dierking, John Y

James-Perez, Samantha Y

Maxey, Kenneth Y

Norton, Donna Y

Sellers, Paul Y

Turner, Cheryl A

3. North-West College, West Covina, Vocational Nursing Program Faye Silverman (NEC) presented the North-West College Vocational Nursing Program for provisional approval for a two-year period from August 25, 2017 through August 31, 2019. That action is the result of the program’s noncompliance with regulatory requirements relative to licensure examination pass rates. The North-West College, West Covina, Vocational Nursing Program requests Board approval to admit one full-time class of 35 students on June 25, 2018, with a projected graduation date of July 18, 2019, to replace the full-time class which is scheduled to graduate in June 6, 2018. This program was placed on provisional approval for a two-year period from August 25, 2017, through August 31, 2019. That action is the result of the program’s noncompliance with regulatory requirements.

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Board of Vocational Nursing and Psychiatric Technicians Meeting May 16-18, 2018

The North-West College, West Covina, Vocational Nursing Program requests approval for a major curriculum revision. Ms. Silverman made the following recommendations:

• Approve the program’s major curriculum revision.

• Approve the request to admit one full-time class of 35 students on June 25, 2018.

Program Representative: Adnan Almouazzen, Director of Nursing Program, accepts the recommendations of the NEC.

Public Comment: None Board Discussion:

• Ms. James-Perez asked Mr. Almouazzen what attributes/changes he has made in the West Covina campus to make the pass rate jump.

• Mr. Almouazzen stated that he took over the DON position. Their faculty changes and revised curriculum showed a positive outcome. Corrections were made to August violations.

Motion: Accept the NEC’s report and adopt the recommendations as submitted. Moved: John Dierking Seconded: Samantha James-Perez

Member Name Yes No Abstain Absent Recusal

Endozo, Tammy A

Bass de Martinez, Bernice Y

De Herrera, Paula Y

Carpenter, Aleta Y

Dierking, John Y

James-Perez, Samantha Y

Maxey, Kenneth Y

Norton, Donna Y

Sellers, Paul Y

Turner, Cheryl A

Agenda Item 22 Public Comment on Items Not on the Agenda. Note: The Board may not discuss or take any action on any item raised during this public comment section, except to decide whether to place the matter on the agenda of a future meeting (Government Code Sections 11125, 11125.7(a)). The mission of the California Board of Vocational Nursing and Psychiatric Technicians (Board) is to protect the public.

Publi c protection is paramount to the Board and its highest priority in exercising its licensing, regulatory, and

di sciplinary functions. Towards this end, the Board ensures that only qualified persons are licensed vocational nurses

a nd psychiatric technicians by enforcing education requirements, standards of practice, and by educating consumers

of their rights.

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Board of Vocational Nursing and Psychiatric Technicians Meeting May 16-18, 2018

Public Comment: None Board Discussion: None

Agenda Item 23 Suggestions for Future Agenda Items. Public Comment: None Board Discussion:

• Mr. Maxey suggests that the Board discuss the labor availability for access to investigative meetings.

• Mr. Sellers would like to expand the discussion on strategic planning.

• Ms. De Herrera proposed starting the discussion regarding strategic planning early and planning out the various component of the overall strategic plan.

• Ms. Norton would like to direct the Board to look at the utilization of LVNs, their work settings and any imposed limitations.

Agenda Item 24 Adjournment Mr. Dierking moved to adjourn. The meeting was adjourned at 4:50 pm.

Action may be taken on any item on the agenda. The time and order of agenda items are subject to change at the discretion of the Board President and may be taken out of order. In accordance with the Bagley-Keene Open Meeting Act, all meetings of the Board are open to the public. The Board plans to webcast this meeting on its website at https://thedcapage.wordpress.com/webcasts/. Webcast availability cannot, however, be guaranteed due to limited resources. The meeting will not be cancelled if webcast in not available. If you wish to participate or to have a guaranteed opportunity to observe, please plan to attend at a physical location. Adjournment, if it is the only item that occurs after a closed session, may not be webcast. Government Code section 11125.7 provides the opportunity for the public to address each agenda item during discussion or consideration by the Board prior to the Board taking any action on said item. Members of the public will be provided appropriate opportunities to comment on any issue before the Board, but the Board President may, at his or her discretion, apportion available time among those who wish to speak. Individuals may appear before the Board to discuss items not on the agenda; however, the Board can neither discuss nor take official action on these items at the time of the same meeting (Government Code sections 11125, 11125.7(a)). The meeting is accessible to the physically disabled. A person who needs disability-related accommodation or modification to participate in the meeting may make a request by contacting: Jenny Penales, Administrative Assistant at (916) 263-7845, email: [email protected]

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Board of Vocational Nursing and Psychiatric Technicians Meeting May 16-18, 2018

or send a written request to the Board of Vocational Nursing and Psychiatric Technicians, 2535 Capitol Oaks Drive, Suite 205, Sacramento, CA 95833-2945. Providing your request is a least five (5) business days before the meeting will help to ensure availability of the requested accommodations. TDD Line: (916) 322-1700.

Prepared by:_________________________________ Date:_________________ Elaine Yamaguchi Executive Officer Approved by:__________________________________ Date:_________________ Tammy Endozo, LVN Board President

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