VIRGINIA BOARD OF NURSING Final Agenda

395 Pages·2017·5.05 MB·English

by  Sonya Peters

VIRGINIA BOARD OF NURSING
Final Agenda
Department of Health Professions, 9960 Mayland Drive, Suite 300, Henrico, Virginia 23233

Tuesday, July 18, 2017
9:00 A.M. - Business Meeting of the Board of Nursing – Quorum of the Board - Conference Center
Suite 201 – Board room 2

Call to Order: Joyce A. Hahn, PhD, RN, NEA-BC, FNAP; President

Establishment of a Quorum.
Announcements:
• Rachel Wilkinson, Intern, assigned to compliance started her internship on June 12, 2017
• Monica DeJesus, formerly temp at Nursing, started the full-time RN Endorsement Licensing Specialist position
on June 25, 2017
• Sylvia Tamayo-Suijk, Discipline Specialist, has accepted the Executive Assistant position at the Board of
Pharmacy. She started her new position on June 26, 2017
• Lakisha Goode has accepted the full-time Discipline Specialist position and started on June 26, 2017.
Upcoming Meetings:
• NLCA Meeting is scheduled for August 15, 2017 in Chicago – Ms. Douglas will attend
• NCSBN Annual Meeting is scheduled for August 16-18, 2017 in Chicago – Mr. Monson, Ms. Phelps, Dr. Ross,
and Ms. Douglas will attend

Dialogue with DHP Director – Dr. Brown

Review of the Agenda: (Except where times are stated, items not completed on July 18, 2017 will be completed on
July 19, 2017.)
1. Additions, Modifications
2. Adoption of a Consent Agenda
Disposition of Minutes:
C May 15, 2017 Panel – Dr. Hahn*
C May 16, 2017 Quorum – Dr. Hahn*
C May 17, 2017 Panel – Dr. Hahn*
C May 17, 2017 Panel – Ms. Gerardo*
C May 18, 2017 Panel – Ms. Gerardo*
C June 15, 2017 – Telephone Conference Call*
Reports:
C Agency Subordinate Tracking Log*
C Finance Report for May 2017*
C Board of Nursing Monthly Tracking Log**
C Health Practitioners Monitoring Program Report as of May 31, 2017*
 Executive Director Report – Ms. Douglas
 NLCA Executive Committee May 22-25, 2017 Meeting report – Ms. Douglas
 NCSBN Discipline Case Management June 12-14, 2017 Conference report – Tonya James**
 NCSBN Executive Officer June 19-21, 2017 Summit report – Ms. Douglas
 Committee of the Joint Boards of Nursing and Medicine June 7, 2017 Business meeting minutes and
recommendation - Ms. Hershkowitz*
 Recommendation to initiate regulatory action to issue a single license for an LNP with Prescriptive
Authority – Ms. Douglas/Ms. Willinger*
 Committee of the Joint Boards of Nursing and Medicine June 7, 2017 Informal Conference minutes – Ms.
Hershkowitz*
Other Matters:
• Board of Nursing Appeals Update – Charis Mitchell, Board Counsel (oral report)
• DHP Policy on Per Diems for Board Members – Ms. Douglas/Ms. Vu**
• Summary of Recommendations to the 2017 NCSBN Delegate Assembly – Board Members attending will
vote on these issues*
• George Washington University Simulation Conference – Dr. Hahn
• Planning for Recognition of Outgoing Board Members – Dr. Hahn/Ms. Douglas
• Letter from NCSBN President Katherine Thomas – FYI**
• DHP Key Performance Measures for Q4 2017 – FYI
Education:
• Education Special Conference Committee July 12, 2017 Minutes and Recommendations – Dr. Hahn
• Education Staff Report – Ms. Ridout (oral report)
• Update on Nurse Aide Testing – Dr. Saxby (oral report)
10:00 A.M. – Public Hearing to receive Comments on Proposed Regulations for the Licensure and Practice of
Massage Therapists.
Legislation/Regulations:
• Status of Regulatory Actions – Ms. Yeatts
• Re-adoption of Emergency Regulations Governing Prescribing of Opioids and Buprenorphine for Nurse
Practitioners and Adoption of Proposed Regulations to Replace the Emergency Regulations – Ms. Yeatts**
 Board of Medicine Legislative Committee May 19, 2017 minutes**
• NOIRA for supervision and direction of laser hair removal by Nurse Practitioners – Ms. Yeatts**
• Adoption of Guidance Document on the Telemedicine for Nurse Practitioners – Ms. Yeatts**
• Consideration of Amendment to Requirements for Applicants from Other Countries – Ms. Yeatts**
• Adoption of Amendment to correct section referring to Practice Agreements for Prescriptive Authority – Ms.
Yeatts**

10:30 A.M. – Policy Forum - “Chronic Pain Case Study” presentation by Dr. Cathy A. Harrison, DNAP, MSN, CRNA*
Consent Orders: (Closed Session)
• Patricia Flanagan Demasi, RN*
• Rob Allen Kuschell, RN*
• Michelle Louise Stevans, LPN**
• Paul M. Colton, RN**
• Kristin Tucker Tharpe, RN
12:00 P.M. – Lunch

ADJOURNMENT

Committee Meetings and Probable Cause Case Review will start at 2 pm.

2:00 P.M. – Probable Cause Case Review in Board Room 3– Board Members who are not serving on Committee
Committee Meetings - (*Chair) - in Board Room 2

2:00 P.M. – Guidance Document 90-57 (ByLaws) Committee Meeting**
(Agenda and Materials are attached)
Board Members – Ms. Hershkowitz, Ms. Gerardo, and Mr. Monson
Board Staff – Ms. Douglas

3:00 P.M. – Revision of Guidance Document 90-6 (PICC Line Insertion and Removal) Committee Meeting**
(Agenda and Materials are attached)
Board Members – Ms. Hershkowitz* and Ms. Caliwagan
Board Staff – Ms. Power or Ms. Douglas

3:00 P.M. – Nurse Aide Curriculum Committee Meeting**
(Agenda and Materials are attached)
Board Members – Dr. Hahn* Mr. Monson, and Ms. Phelps
Board Staff – Dr. Saxby and Ms. Krohn

(* mailed 6/28) (** mailed 7/7)
Our mission is to assure safe and competent practice of nursing to protect the health, safety and welfare of the citizens of the Commonwealth.
VIRGINIA BOARD OF NURSING
FORMAL HEARINGS
May 15, 2017

TIME AND PLACE: The meeting of the Virginia Board of Nursing was called to order at 9:00 A.M. on
May 15, 2017 in Board Room 2, Department of Health Professions, 9960
Mayland Drive, Suite 201, Henrico Virginia.

BOARD MEMBERS PRESENT:
Joyce A. Hahn, PhD, RN, NEA-BC, FNAP; President
Mark Monson, Citizen Member
Jennifer Phelps, LPN, QMHPA
Rebecca Poston, PhD, RN, CPNP-PC
Dustin S. Ross, DNP, MBA, RN

STAFF PRESENT: Brenda Krohn, RN, MS; Deputy Executive Director
Jane Elliott, RN, PhD, Discipline Staff
Darlene Graham, Senior Discipline Specialist

OTHERS PRESENT: Charis Mitchell, Assistant Attorney General, Board Counsel
Nurse Aide Students from North Stafford High School

ESTABLISHMENT OF A PANEL:
With five members of the Board present, a panel was established

FORMAL HEARINGS: Tamela Williamson, RN 0001-094356 and CNS 0015-000199
Ms. Williamson appeared accompanied by Jade Williamson, her daughter.

Anne Joseph, Deputy Director, Administrative Proceedings Division, represented
the Commonwealth. Ms. Mitchell was legal counsel for the Board. Medford
Howard, court reporter with Crane-Snead & Associates, recorded the proceedings.

Sherry Foster, Senior Investigator, Department of Health Professions, and Dawn
France, Case Manager, Virginia Health Practitioners’ Monitoring Program
(HPMP), testified via telephone.

CLOSED MEETING: Ms. Phelps moved that the Board of Nursing convene a closed meeting pursuant
to §2.2-3711(A)(27) of the Code of Virginia at 10:31 A.M., for the purpose of
deliberation to reach a decision in the matter of Ms. Williamson. Additionally,
Ms. Phelps moved that Ms. Krohn, Dr. Elliott, Ms. Graham, and Ms. Mitchell
attend the closed meeting because their presence in the closed meeting is deemed
necessary and their presence will aid the Board in its deliberations. The motion
was seconded and carried unanimously.

RECONVENTION: The Board reconvened in open session at 10:52 P.M.

Mr. Monson moved that the Board of Nursing certify that it heard, discussed or
considered only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act and only such public
Virginia Board of Nursing
Formal Hearings
May 15, 2017

business matters as were identified in the motion by which the closed meeting
was convened. The motion was seconded and carried unanimously.

Dr. Poston moved that the Board of Nursing accept the findings of fact as
presented by Ms. Joseph and amended by the Board. The motion was seconded
and carried unanimously.

ACTION: Ms. Phelps moved the Board of Nursing reprimand Tamela Williamson and
continue her on indefinite suspension for not less than two years. The motion was
seconded and carried unanimously.

This decision shall be effective upon the entry by the Board of a written Order
stating the findings, conclusions, and decision of this formal hearing panel.

RECESS: The Board recessed at 10:55 A.M.

RECONVENTION: The Board reconvened at 1:00 P.M.

FORMAL HEARINGS: Shakima Stanquisha Freeman Brewer, LPN Reinstatement 0002-075041
Ms. Brewer appeared.

Cynthia Gaines, Adjudication Specialist represented the Commonwealth. Ms.
Mitchell was legal counsel for the Board. Medford Howard, court reporter with
Crane-Snead & Associates, recorded the proceedings.

Anna Badgley, Senior Investigator, Department of Health Professions, was
present and testified.

CLOSED MEETING: Ms. Phelps moved that the Board of Nursing convene a closed meeting pursuant
to §2.2-3711(A)(27) of the Code of Virginia at 1:40 P.M., for the purpose of
deliberation to reach a decision in the matter of Ms. Brewer. Additionally, Ms.
Phelps moved that Ms. Krohn, Dr. Elliott, Ms. Graham, and Ms. Mitchell attend
the closed meeting because their presence in the closed meeting is deemed
necessary and their presence will aid the Board in its deliberations. The motion
was seconded and carried unanimously.

RECONVENTION: The Board reconvened in open session at 2:20 P.M.

Ms. Phelps moved that the Board of Nursing certify that it heard, discussed or
considered only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act and only such public
business matters as were identified in the motion by which the closed meeting
was convened. The motion was seconded and carried unanimously.

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Virginia Board of Nursing
Formal Hearings
May 15, 2017

Dr. Poston moved that the Board of Nursing accept the findings of fact and
conclusions of law as presented by Ms. Gaines, and amended by the Board. The
motion was seconded and carried unanimously.

ACTION: Mr. Monson moved that the Board of Nursing approve Ms. Brewer’s application
for reinstatement to practice as practical nursing in the Commonwealth of
Virginia and place her on probation with the following terms:
• Completion of a chemical dependency evaluation; and
• Successful completion of her criminal probation

The motion was seconded and carried unanimously.

This decision shall be effective upon the entry by the Board of a written Order
stating the findings, conclusions, and decision of this formal hearing panel.

FORMAL HEARINGS: Tamara Jean Pauley, LPN 0002-089307
Ms. Pauley did not appear.

Amy Weiss, Adjudication Specialist represented the Commonwealth. Ms.
Mitchell was legal counsel for the Board. Medford Howard, court reporter with
Crane-Snead & Associates, recorded the proceedings.

James Wall, Senior Investigator, Department of Health Professions, and Monica
Coles, DON at Friendship Health and Rehab Center were present and testified.

CLOSED MEETING: Ms. Phelps moved that the Board of Nursing convene a closed meeting pursuant
to §2.2-3711(A)(27) of the Code of Virginia at 2:40 P.M., for the purpose of
deliberation to reach a decision in the matter of Ms. Pauley. Additionally, Ms.
Phelps moved that Ms. Krohn, Dr. Elliott, Ms. Graham, and Ms. Mitchell attend
the closed meeting because their presence in the closed meeting is deemed
necessary and their presence will aid the Board in its deliberations. The motion
was seconded and carried unanimously.

RECONVENTION: The Board reconvened in open session at 2:45 P.M.

Ms. Phelps moved that the Board of Nursing certify that it heard, discussed or
considered only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act and only such public
business matters as were identified in the motion by which the closed meeting
was convened. The motion was seconded and carried unanimously.

Dr. Poston moved that the Board of Nursing accept the findings of fact and
conclusions of law as presented by Ms. Weiss and amended by the Board.
The motion was seconded and carried unanimously.

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Virginia Board of Nursing
Formal Hearings
May 15, 2017

ACTION: Mr. Monson moved that the Board of Nursing indefinitely suspend the license of
Tamela Jean Pauley to practice practical nursing in the Commonwealth of
Virginia for a period of not less than two years. The motion was seconded and
carried unanimously.

This decision shall be effective upon the entry by the Board of a written Order
stating the findings, conclusions, and decision of this formal hearing panel.

FORMAL HEARINGS: Samantha Marie Schwartz, LPN 0002-087306
Ms. Smith appeared with Ashley Schwartz.

Anne Joseph, Adjudication Specialist represented the Commonwealth. Ms.
Mitchell was legal counsel for the Board. Medford Howard, court reporter with
Crane-Snead & Associates, recorded the proceedings.

Pamela Twombly, Deputy Executive Director of Enforcement, Patricia Dewey,
Senior Investigator, Department of Health Professions, Dr. Jason Stout, Clinical
Psychologist at Western State Hospital (WSH), Trent Humphries, Facility
Investigator at WSH, Kimberly Rucks, DSA II at WSH, Corrie Connor, RN, CB
at WSH, Shannon Porrer, Recreational Therapist at WSH, and Ashley Schwartz,
previous patient at WSH were present and testified.

CLOSED MEETING: Ms. Phelps moved that the Board of Nursing convene a closed meeting pursuant
to §2.2-3711(A)(27) of the Code of Virginia at 6:26 P.M., for the purpose of
deliberation to reach a decision in the matter of Ms. Schwartz. Additionally, Ms.
Phelps moved that Dr. Elliott, Ms. Graham, and Ms. Mitchell attend the closed
meeting because their presence in the closed meeting is deemed necessary and
their presence will aid the Board in its deliberations. The motion was seconded
and carried unanimously.

RECONVENTION: The Board reconvened in open session at 6:45 P.M.

Ms. Phelps moved that the Board of Nursing certify that it heard, discussed or
considered only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act and only such public
business matters as were identified in the motion by which the closed meeting
was convened. The motion was seconded and carried unanimously.

Mr. Monson moved that the Board of Nursing accept the findings of fact and
conclusions of law as presented by Ms. Joseph and amended by the Board.
The motion was seconded and carried unanimously.

ACTION: Dr. Ross moved the Board of Nursing revoke the license of Samantha Marie
Schwartz to practice practical nursing in the Commonwealth of Virginia. The
motion was seconded and carried unanimously.

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Virginia Board of Nursing
Formal Hearings
May 15, 2017

This decision shall be effective upon the entry by the Board of a written Order
stating the findings, conclusions, and decision of this formal hearing panel.

ADJOURNMENT: The Board adjourned at 6:52 P.M.

__________________________________________
Brenda Krohn, RN, MS
Deputy Executive Director
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VIRGINIA BOARD OF NURSING
MINUTES
May 16, 2017

TIME AND PLACE: The meeting of the Board of Nursing was called to order at 9:00 A.M. on May
26, 2017 in Board Room 2, Department of Health Professions, 9960 Mayland
Drive, Suite 201, Henrico, Virginia.

PRESIDING: Joyce A. Hahn, PhD, RN, NEA-BC, FNAP; President

BOARD MEMBERS PRESENT:
Marie Gerardo, MS, RN, ANP-BC; Secretary
Guia Caliwagan, RN, MAN, EdS
Alice Clark, Citizen Member
Jeanne Holmes, Citizen Member
Kelly McDonough, DNP, RN
Mark D. Monson, Citizen Member
Jennifer Phelps, LPN, QMHPA
Rebecca Poston, PhD, RN, CPNP-PC
Dustin Ross, DNP, MBA, RN, NE-BC
William Traynham, LPN, CSAC

BOARD MEMBERS ABSENT:
Louise Hershkowitz, CRNA, MSHA; Vice President
Regina Gilliam, LPN
Trula Minton, MS, RN

STAFF PRESENT: Jay P. Douglas, MSM, RN, CSAC, FRE; Executive Director
Brenda Krohn, RN, MS; Deputy Executive Director
Jodi P. Power, RN, JD; Deputy Executive Director
Stephanie Willinger; Deputy Executive Director
Linda Kleiner, RN, Discipline Case Manager
Paula B. Saxby, RN, PhD; Deputy Executive Director
Charlette Ridout, RN, MS, CNE; Senior Nursing Education Consultant
Huong Vu, Executive Assistant

OTHERS PRESENT: Charis Mitchell, Assistant Attorney General, Board Counsel
David E. Brown, DC, Department of Health Professions Director
Elaine Yeatts, Senior Policy Analyst, Department of Health Professions

IN THE AUDIENCE: Sarah Heisler representing Virginia Hospital and Healthcare Association
(VHHA)
Janet Wall representing the Virginia Nurses Association (VNA)
Andrew Lamar representing Virginia Nurses Association (VNA)

ESTABLISHMENT OF A QUORUM:
With 11 members present, a quorum was established.
Virginia Board of Nursing
Business Meeting
May 16, 2017

ANNOUNCEMENTS: Dr. Hahn noted the announcements on the Agenda. Ms. Douglas added that
Arlene Johnson, formerly a temp at the Board Call Center, has accepted the
full-time Receptionist position with the Board.

UPCOMING MEETINGS: Dr. Hahn noted the upcoming meetings on the agenda. Ms. Douglas added that
she, Mr. Monson, Ms. Phelps, and Dr. Ross will be attending the NCSBN
Annual Meeting in August 2017. She noted that no other Board staff will
attend this time.

ORDERING OF AGENDA: Dr. Hahn asked staff to update the Board on the additions and/or modifications
of the Agenda.

Ms. Douglas indicated an additional Consent Order regarding Sheri Randolph
Bradshaw, RN has been added to the agenda for Board consideration.

Ms. Power added the followings:
• An additional Consent Order regarding Paul Howard Werbin, RN has
been added to the agenda for Board consideration.
• On Wednesday, May 17, Panel A - Brittany Johnson, CNA (#5) will
attend and written responses have been received from #13, # 25, and #
37 for consideration of the Agency Subordinate recommendations. Ms.
Caliwagan will attend the Formal Hearings of Gregory and Harris in
place of Dr. Ross.
• On Wednesday, May 17, Panel B – Carmel Snyder, CNA (#6) will
attend and written responses have been received from #4 and # 34 for
consideration of the Agency Subordinate recommendations. Also Ms.
Minton will not be available for the Formal Hearings.
• The Formal Hearings of Adefoku and Salyer on Thursday, May 18,
2017 have been continued.

CONSENT AGENDA: The Board removed the Health Practitioners’ Monitoring Program (HPMP)
reports from the consent agenda.

Ms. Douglas reviewed the new format and inclusion of the HPMP Quarterly
report from January through March 2017 which indicated the number of stays,
admissions, vacated stays and dismissals. Ms. Douglas noted that Nursing and
Medicine participants are the majority of participants.

Mr. Monson moved to accept the consent agenda as amended. The motion was
seconded and carried unanimously.

Mr. Monson moved to accept all the minutes`. The motion was seconded and
carried unanimously.

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