~BVNl?T EJI.JSI NfZSS, CONSUf'l.llER SE:RVle;e:S …...2018/11/16 · Kenneth L. Swenson, DCA Senior Staff Counsel Attorney III, introduced himself. Ms. Endozo explained the meeting

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EJI.JSIN fZSS, CONSUf'l.llER SE:RVle;e:S ANO HOUSIN G AGCNCV • GAVIN NEWSOf\11, GOVERNOR

DEPARTMENT OF CONSUMER AFFAIRS • BOARD OF VOCATIONAL

BOARD OF VOCATIONAL NURSING NURSING AND PSYCHIATRIC TECHNICIANS

AND PSYCHIATRIC TECHNICIANS 2535 Capitol Oaks Drive, Suite 205, Sacramento, CA 95833

P (916) 263-7800 I www.bvnpt.ca.gov

Board of Vocational Nursing and Psychiatric Technicians

Department of Consumer Affairs Public Board Meeting Minutes

DATE: Friday, November 16, 2018 TIME: 9:00 a.m. – 6:00 p.m.

Or Until Completion of Business LOCATION: Department of Consumer Affairs, Headquarters I Hearing R oom South #102 1625 North Market Street, Sacramento, CA 95834 BOARD MEMBERS PRESENT: Tammy Endozo, LVN Member, Board President Bernice Bass de Martinez, Public Member, Vice-President

Paula Amezola de Herrera, Public Member John Dierking, Public Member Kenneth Maxey, Public Member Aleta Carpenter, Public Member Samantha James-Perez, PT Member Paul Sellers, PT Member Cheryl Turner, Public Member

BOARD MEMBERS NOT PRESENT: Donna Norton, LVN Member STAFF PRESENT: Elaine Yamaguchi, Executive Officer Vicki Lyman, Assistant Executive Officer

Kenneth Swenson, DCA Senior Staff Counsel Attorney III Candace Raney, Enforcement Division Chief Jay Prouty, Enforcement Program Manager (Discipline Unit) Jessica Gomez, Nursing Education Consultant

Margarita Valdes, Nursing Education Consultant Beth DeYoung, Nursing Education Consultant Faye Silverman, Nursing Education Consultant Geralyn Maracino, Education Analyst

Kristine Dano, Board Analyst

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Board Meeting November 15-16, 2018

Agenda Item 8 - Call to Order, Roll Call, and Establishment of Quorum

The meeting was called to order by Board President, Tammy Endozo at 9:13 a.m., Friday, November 16, 2018, at the Department of Consumer Affairs Headquarters I, Hearing Room South #102, 1625 North Market Street, Sacramento, CA 95834. Ms. Endozo took attendance of Board Members by roll call. A quorum was confirmed. Board Members introduced themselves.

Agenda Item 9 - Pledge of Allegiance

Paul Sellers led the Pledge of Allegiance.

Agenda Item 10 - 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 himself. Ms. Endozo explained the meeting protocol, rules of conduct, compliance with the Bagley-

Keene Open Meeting Act and legal mandate. She reminded all that redaction of student names is necessary on any documents distributed as an agenda item. Additionally, she welcomes public comments on the agenda items.

Agenda Item 11 - Board Meeting Minutes A. May 18, 2018 B. August 24, 2018 Both sets of minutes were tabled until the February Board Meeting to allow board members

time to review. Agenda Item 12 - Executive Officer’s Report

A. Staffing

• Ms. Yamaguchi reported that last year, the board’s staff vacancy rate was higher than 20 percent. As of early 2019, we will close to fully staffed, and she looks forward to a successful year. Aside from the submitted written report, she updated the Board on work with the Substance Abuse Coordinating Council, the Earn and Learn Committee, the National Council State Board of Nursing and new projects with DCA’s Organizational Change Management (OCM) team. She commented that in compliance with the Sunset bill recommendations, the Board is working to identify efficient steps to update business processes. She explained that the new OCM project maps out the Board’s current business processes. The OCM team meets with staff, managers, the Executive Officer and the Assistant Executive Officer to understand the current business processes. She anticipates working

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with OCM through Spring 2019. The OCM team will provide solid recommendations to make efficient changes and improve customer service.

A. Financial

• Mark Ito presented the overview of the budget process for the Board. He presented the report on Expenditure Projection and explained that actual the current expenditure report is based on an activity log from the Fi$cal system. The projection report for personnel services and benefits for the year was based on the budget office’s position report which reconciles all positions and anticipates the expenditures. He commented that the Board has a projected savings of $243,000 for the year and has no concerns with the program’s expenditures. Additionally, when the Governor’s new budget is released on January 10th, the projections may increase with incremental changes included.

• Mr. Ito reported on the Board’s Fund Condition. He explained that the report includes the new fees which took effect on January 1, 2019. The potential school fees were not included in the report and recognized that the Board will seek legislation to add school fees in the future. He commented that the budget office has no concerns on the Board’s funds.

B. BVNPT Transformation

• Vicki Lyman presented a slideshow on the transformation of the B VNPT office, events and highlights for the Board.

Public Comment: None Board Discussion:

• Ms. Turner inquired if the budget office is aware of seeking legislation related to Inactive License Fees.

• Ms. Yamaguchi explained that a bill which allows boards to alter the fees for Inactive licenses was chaptered, and the Board will have a future discussion on this topic.

• Mr. Ito added that the department re-assesses the board’s budget and the implementation of new fees will be adjusted in the budget.

• Dr. Bass de Martinez inquired if the majority of the cost savings came from personnel.

• Mr. Ito confirmed that the majority of cost savings did come from personnel. He explained that the budget re-aligns according to the Board’s spending.

Agenda Item 13 Executive Committee – Report, Recommendations, and Possible Actions

A. Committee Report

Ms. Tammy Endozo presented the Executive Committee report. She mentioned that the committee is working on the Board Members’ per diem rates

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for accountability. This includes timely submission of the per diem form. The board member Administrative Procedures Manual is also being updated. She also presented the Board Calendar for 2019-2021, identifying future dat es and some minor changes: The February 21st22nd Board Meeting will be moved from San Diego to

Los Angeles or Orange County. For the May 15-17 meeting in Sacramento, she reminded Members that

on the first day of the three-day meeting, the Board w ill work on Strategic Planning and Team Building.

The August 2019 Board Meeting dates must be changed from the 22-23rd to the 15th and 16th to accommodate our attendance at the National Council of State Boards of Nursing (NCSBN) annual meeting.

In 2021, the Board should consider the possibility of a Central Valley meeting location.

The rest of the calendar includes: o November 20-21, 2019 in Sacramento o February 20-21, 2020 (Location TBD) o May 20-22, 2020 in Sacramento o August 20-21, 2020 (Location TBD) o Nov 18-20, 2020 in Sacramento o Feb 18-19, 2021 (Location TBD) o May 19-21, 2021 in Sacramento o August 19-20, 2021 (Location TBD) o Nov 17-19, 2021 in Sacramento

Motion: Moved to officially change the date of August Board Meeting to August 15-16, 2019. Moved: Bernice B ass de Martinez Seconded: Samantha James-Perez

Member Name Yes No Abstain Absent Recusal Endozo, Tammy Y Bass de Martinez, Bernice Y De Herrera, Paula A Y Carpenter, Aleta Y Dierking, John Y James-Perez, Samantha Y Maxey, Kenneth Y Norton, Donna Absent Sellers, Paul Y Turner, Cheryl Y

The motion passed. B. Strategic Plan Update

Mr. Dennis Zanchi from DCA SOLID explained the Strength Weaknesses Opportunities and Threats (SWOT) Analysis used in shaping the board’s Strategic Plan. The team from SOLID will interview board members and staff, and send surveys to stakeholders including licensees, consumer groups, educators, the unions representing licensees

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and other professional associations. He commented that the analysis was recommended by the Department of Finance and the SOLID team uses it to develop all DCA Board Strategic Plans.


• Dr. Bass de Martinez asked to define Environmental Scan for context. • Mr. Zanchi explained that the Environmental Scan is the summary of the stakeholders

input regarding the board. • Ms. Endozo clarified that Item 11 on the Executive Committee report relates to the per

diem salary for board members and clarifies the policies for submitting time sheets and travel expenses claims for payment.

Motion: Approve standard q uestions and send the survey to stakeholders. The EO will develop a list of stakeholders. Moved: Tammy Endozo Seconded: Cheryl Turner


The motion passed. Agenda Item 14 Education Committee – Report, Recommendations, and Possible

Actions A. Committee Report

• Dr. Bass de Martinez presented the report and provided the highlights of the committee meeting on N ovember 16th: Updates and discussion of the Strategic Plan Discussion of the Committee’s charge. Discussion of action and recommendation for Integrity College of Health

Vocational Nursing Program. The C ommittee moved to accept the report and present it to t he full Board.

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• The next committee meeting is in Sacramento on January 18, 2019 at 2:00 pm. The meeting will be posted and open to the public.

B. Consideration of Provisional Approval

1. Integrity College of Health Ms. Jessica Gomez reported that the school requested to start a

class of 20 students. She commented that on August 2nd and 3rd, she made an announced visit to the school. She explained that she intentionally made the new school director aware of the visit to be fair to her since the director only started two days prior. Ms. Gomez reported that there were three additional violations found relating to the classes graduating in October and November, related to inadequate resources, such as no facilities for pediatrics or obstetrics (OB).

Ms. Gomez reported that the violation information was sent to the s chool on August 10th. Additionally, the Board received a complaint that an instructor who was not approved by the Board was teaching the class. The owner of the school called the Board on September 10th acknowledging the complaint and explained that she was sick and had her daughter teach the class instead. Ms. Gomez commented that on October 1st the Board recommended placing the school on a provisional approval because the students have not received pediatrics and OB training.

Public Comment:

• The school director requested that the Board not place the s chool on provisional approval. She commented that she corrected the violation by adding five maternity facilities, two active pediatric sites, four skilled nursing facilities, one sub-acute facility for medical surgical students and added four staff members. She will also provide proof of corrections to the Nursing Education Consultant (NEC) soon.

Board Discussion:

• Ms. Gomez will not change the recommendation until the information is received. She explained that the school is on provisional to observe and make sure the school follows the regulations.

• The representative of the school explained that the change was not submitted on time because she is still in the process of gathering information.

• Ms. Samantha James-Perez inquired about the students who do not have experience in pediatrics and obstetrics and will graduate. She commented that this is a potential danger for the pu blic since the students do not have the pr oper training.

• The representative of the school stated that the students have skills lab with the mannequin and she is personally teaching the pe diatric and obstetric skills.

• Ms. James-Perez commented that skills lab is good, however, it is not appropriate or does not meet the regulations to complete the training. She also commented that the

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owner’s daughter teaching the class without the Board’s approval is not appropriate and should never happen again.

• Dr. Bass de Martinez commented that the Board understands that any time there’s a change in leadership, the new leader suddenly becomes responsible. She added that the past cannot be changed but can be fixed.

Motion: Accept the NECs report and recommendation. Moved: Not Required Seconded: Not Required


The motion passed. Agenda Item 15 Education Division – Report, Recommendations, and Possible Actions A. Education Division Report

Ms. Gomez commented that typically the report covers three months but have changed it to cover two months. She presented the report.


• Ms. James-Perez inquired if there was an i ncrease in t he number of the proposed programs from the previous years.

• Ms. Gomez was unable to confirm the increase since she does not keep a record of the numbers.

• Ms. James-Perez inquired about the processing time of program approvals once the information is received and as signed to a consultant.

• Ms. Gomez explained that the time varies depending on the responsiveness of the program.

• Ms. James-Perez inquired if the Board has an ope n NEC position. • Ms. Yamaguchi commented that currently there is a position posted for Supervising

Nursing Education Consultant (SNEC) and one NEC. She is anticipating potential

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candidates for interviews and believes that she will be hiring an SNEC in next couple of months.

• Ms. Cheryl Turner inquired about using YouTube as a tool for providing information and updates.

• Ms. Gomez stated that the Board is researching how to enhance new director orientation by offering YouTube videos and webinars.

• Mr. Kenneth Maxey inquired about actions taken after complaints were received by the Board and asked if the number of complaints were typically high or low. Ms. Gomez stated that the numbers of complaints were average. She explained that once a written complaint is received, NECs notify the school of the allegations and request documentation or do a site visit. She explained that the NECs validate the complaint with the school and the complainant.

B. Reconsideration of Provisional Approval 1. Pasadena City College

Ms. Endozo acknowledged Ms. Faye Silverman’s report. Program Representative: Carla Christensen, Director for the LVN Program and Donna Nielsen, Assistant Director of the LVN Program represented the school. Ms. Christensen commented that the violations are accurate, and about 80 p ercent have been corrected. She assured the Board that the program will meet the December 2nd deadline to correct all violations. Both representatives agreed with the NECs recommendation. Public Comment: None

Board Discussion: • Ms. James-Perez requested an explanation on why they admitted students who did not

pass the entrance exam. • Ms. Christensen explained that as a community college, an entrance exam is not

allowed. Students are admitted based on pre-requisites and grade point averages (GPAs). Students are given a year to meet the requirements. She stated that the program still admitted students who were below the requirements, since there is more space for students. She was not aware that this is not allowed. Ms. Christensen also commented that the attendance tracking system has been corrected and that the hours reported to the Board were accurate.

• Mr. Swenson commented that this agenda item is only for potential action on the N EC’s recommendation and if a question surpasses that potential action item, the question should be referred to the agenda for the next board meeting.

Motion: Accept the NEC’s report and recommendation. Moved: Dr. Bernice Bass de Martinez Seconded: John Dierking

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The motion passed.

2. Mission College PT (Psychiatric Technician)

Ms. Endozo acknowledged Ms. Margarita Valdes’ report. Program Representative: Marsha Oliver, Director of Psychiatric Technician Program accepted the NEC’s report and recommendation. She commented that the pass rate is a known issue and follow up with the students who fail the exam. Some students who failed are English as a Second Language (ESL) students who struggle in the Behavioral Modification curriculum. She added that the program is currently working with ESL students in college and reached out to Psychiatric Technician (PT) Directors to seek advice and improve the Behavioral Modification curriculum. Public Comment: None Board Discussion:

• Ms. James-Perez acknowledged Ms. Oliver working with ESL students and enhancing instruction on Behavioral Modification.

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

Member Name Yes No Abstain Absent Recusal Endozo, Tammy Y Bass de Martinez, Bernice Y De Herrera, Paula A Stepped out Carpenter, Aleta Y Dierking, John Y James-Perez, Samantha Y Maxey, Kenneth Y Norton, Donna Absent Sellers, Paul Y Turner, Cheryl Y

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The motion passed.

C. Request to Admit Students by Programs on Provisional Approval

1. Angeles Institute Ms. Endozo acknowledged Ms. Beth DeYoung’s report and reviewed the report.

Program Representative: Brandy Coward, Director of Nursing agreed with the NEC’s recommendation. Public Comment: None Board Discussion: None

Motion: Accept the NEC’s report and recommendation. Moved: Dr. Bernice Bass de Martinez Seconded: John Dierking


The motion passed.

2. Institute of Technology-Clovis

Ms. Endozo acknowledged the NEC’s report. Ms. Valdes stated there were two corrections on the report; the Clovis program was on probation in August 2018 not May, and the campus in Modesto was on probation in May 2018; and i n April to June, 13 students took the ex am and 10 passed.

Program Representative: Paula Richards, Director of Nursing at the Clovis and Modesto campuses agreed with the NEC’s recommendation. Public Comment: None

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Board Discussion:

• Ms. James-Perez inquired about the steps to encourage students to take the exam early.

• Ms. Richards explained that they continue to encourage students by offering to pay the licensing fees within 90 days of graduation. She also follows up with each student to offer assistance. She expressed appreciation to the institution for the continued support from the campus president, corporate members and the CEO for providing t he resources to improve the program.

Motion: Accept the NEC’s amended report and recommendation. Moved: Dr. Bass de Martinez Seconded: Kenneth Maxey


The motion passed.

Agenda Item 16 Evaluations Committee – Report, Recommendations, and Possible Actions A. Committee Report

Dr. Bass de Martinez presented the r eport by referencing item 16.A in terms of summary and highlights: Reviewed the on-going Strategic Planning process, expressed appreciation for the

support and comments of the Executive Officer and staff. Advanced change in processing times in Evaluations and handling documents. Complimented schools who currently use the Cloud Drive to upload information.

This enables staff to respond to schools and process licenses quickly. Public Comment: None Board Discussion:

• Ms. Amezola inquired about the number of schools who are not using the Cloud Drive since there are 62 schools using the Cloud Drive.

• Ms. Yamaguchi stated that there are approximately 150 schools and a little under half of the schools are using the Cloud Drive.


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Motion: Not required Agenda Item 17 Licensing Committee – Report, Recommendations, and Possible Actions.

A. Committee Report • Mr. Paul Sellers presented the updates on staffing:

Supervising Program Technician II was hired and started on 10/22/2018. Staff Service Analyst reclassification was approved and management

conducted interviews for hiring. Office of Human Resources approved the Office Technician reclassification to

Program Technician II. The Board is in the process of interviewing and hiring behind vacant positions.

• Mr. Swenson stated that he met with the probation manager to review the probation intake process to see if there are additional steps to enhance the cost recovery program.

• Ms. Lyman r eported the statistics on the Board’s incoming faxes, emails and phone calls. to the Board. She stated that there is no backlog in processing in-house and online PT and VN school applications which currently process within 2 weeks. However, Equivalency applications are more challenging and take a great deal of research and time.

• Ms. Lyman stated that the Board is creating a data base that tracks the amount of work received, assigned and processed. She will present the updated statistics at the Board meeting in February.

• Ms. Yamaguchi added that the Board sent out a survey to schools requesting data on the number of students graduating in November-December 2018 and all of 2019 which impacts the Board’s processing times. She stated that the survey will be a factor in creating a plan for staffing. She reiterated that the OCM project meets with staff and m anagement to map out the over-all business processes of each desk.

• Mr. Sellers commented that the committee was pleased to receive positive feedback on the discussion of the Substance Abuse Awareness letter and will develop a strategy to present before the board at the Board next meeting.


• Ms. James-Perez commented that the number of incoming phone calls is an on-going issue and the amount of time on hold is unacceptable.

• Ms. Lyman stated that the Board is working to fill vacancies. She explained that there will be cross training between all Program Technician IIs (PTIIs) so that all team members can answer the phones and process applications.

• Ms. De Herrera suggested having a Question and Answer session with Licensing staff by chat or a webinar.

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• Ms. Lyman commented that the board is also updating information on the website to be more comprehensive.

• Mr. Maxey commented that the board should also c onsider other technology such as investing to the option of text messaging since typically the millennial population do not prefer talking on the phone.

Motion: Not Required.

B. Licensing Division Report

Ms. Lyman presented the report. She discussed the continuing education (CE) audit. The Division developed a CE audit analyst team; Geralyn Maracino, Erin Carter and Jeff Durham. The team researched resources necessary to complete a successful audit. She commented that one of the challenging resources is having personnel in place to successfully carry out the audit. The division hopes to start the CE audit mail notification in November. She also commented that an email box will be set up for CE audit inquiries.


• Mr. Dierking inquired about the time frame licensees are expected to r etain CEs for compliance and an option to submit CEs online.

• Ms. Lyman confirmed that CEs are retained for four years and the notice will specify the exact audit cycle. CE documents can be mailed, faxed or emailed to the Board. She also commented that five percent of the renewing pop ulation is audited monthly, which works out to approximately 180 licensed Vocational Nurses and 20 Psychiatric Technicians.

• Ms. De Herrera suggested that the board create a license portal for licensees to upload CEs in response to the audit.

• Ms. Yamaguchi explained that the Board was approached by third party vendors that process audits but not have found a right fit for the Board. She commented that a third- party vendor processing the audit is possible in the future, but the Board chose not to invest now.

• Ms. James-Perez commented that CE units the Board accepts that are approved by a different board (i.e., Board o f Registered Nursing) is inappropriate. She suggested reviewing the policy and procedures and address the issue in the future.

Motion: Not Required Agenda Item 18 Practice Committee –

A. Committee Report Ms. James-Perez presented the report for the Committee m eeting held on September 20th. She commented that NECs, Ms. Clayworth, Ms. Shuman, and Ms. Gomez developed a presentation on the history of the scope of practice of VNs and PTs, which

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detailed the statutes and regulations for LVN and PT curriculum regarding respiratory care. The Respiratory Care Board also made a presentation their scope of practice. The discussion on the intricacies and specific duties of VNs was scheduled for December 14th. Additionally, culturally congruent care should be part of the VN training. She also commented that the committee discussed the use of a YouTube channel to address scope of practice issues.

Public Comment: None Board Discussion: None Motion: Not required Agenda Item 19 Administrative Committee – Report, Recommendations, and Possible Actions

A. Committee Report Ms. James-Perez presented the report. She stated that the committee met on October 6th via teleconference and has decided to include staff members and management to take part in future meetings. She discussed the plan to implement a staff recognition project by analyzing successful programs at other boards and Departments. . In addition, she presented the highlights of the employee engagement survey that was conducted in October: Staff enjoy and take pride on what they do and agreed that duties were clearly

defined. There was a strong response that staff agreed they have the resources and

training to do their jobs well. A majority agreed that the BVNPT work environment and culture has improved

over the past 9 months. Some responses indicated the feeling t hat staff were not always informed about

issues and changes. The Executive Officer and Assistant Executive Officer immediately began thinking about enhancing communication with staff.

Staff expressed concerns about career advancement within the board. The committee discussed how to address the issue by encouraging staff career development and increase trainings with SOLID. She also commented that Ms. Yamaguchi and Ms. Lyman are aware of the issues and working proactively for a solution.

Staff felt that the teams are split up since each unit has different office suites. There is no current solution at this time because of the structural set-up of the building. However, the Holiday Committee organizes activities and outings with the full team that encourage communication between different units.

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Ms. James-Perez stated that the committee is also reviewing the suggestions from the staff suggestion boxes. Some of the suggestions were recycling paper and getting a new microwave.


• Ms. De Herrera inquired about the Board members contributing to the Holiday Committee. • Ms. James-Perez explained that the staff’s Holiday Committee plans events like

decorating, taco trucks, baseball game outings, etc. The Holiday Committee also raises funds to cover holiday parties. She welcomed board members to contribute to the staff events.

• Mr. Maxey expressed appreciation to Ms. Yamaguchi and Ms. Lyman for making a difference for the board.

Motion: Not required LUNCH BREAK Agenda Item 20 Legislation and Regulations Committee A. Committee Report Ms. Cheryl Turner presented the report as follows: i. Legislative Tracking

AB 1659 - was chaptered and allows the Board to change or reduce fees for inactive licenses. Additionally, she discussed the potential impact - the Board could lose $115,000 a year.

AB 2138 – was chaptered. This law limits the board’s discretion in taking action against an applicant with criminal convictions older than 7 years old and their failure to disclose expunged convictions. However, there are exceptions which instruct the boards to set criteria if convictions are substantially related to the duties and responsibilities in the qualifications for a license. She commented that DCA’s legal counsel is currently reviewing and working on the criteria. Ms. Yamaguchi added that DCA and Healing Arts Boards are discussing the implementation of the bill by laying out a plan. Mr. Swenson commented that the development of the process will require full rule making. DCA created a timeline to start the process early. He added that the Healing Arts Boards will develop a uniform approach to regulatory language for consistency and facilitate the approval of the regulations. Ms. Yamaguchi commented that updating BreEZe will be time consuming and expensive to accommodate the law.

SB 1480 – the omnibus bill containing our fee structure language was signed into law and the Board has updated the web site t o announce the new fee levels. She stated that the committee has not reached an agreement on the school fees

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at this time but is currently looking for an author of the bill. Mr. Swenson added that the board will proceed with the simplified section 100 regulation process and if the Office of Administrative Law does not approve the section 100, full rule making will be required. However, it is anticipated that the section 100 procedure will allow the board to implement the fee structure efficiently.

SB 1003 – the bill was passed and does not impact the scope of practice for BVNPT licensees.

Ms. Turner discussed the strategic plan that relates to the Leg/Reg committee and presented proposed language to create letters of support or opposition, to arrange for testimony at hearings and to engage in discussions with staff. ii. Request for Regulatory Action to Amend California Code of Regulations Sections

1. General Requirement: Pass/Fail Rates Ms. Turner stated that the committee is working on requiring a 75 percent examination pass rate for the new VN and PT classes.


• Ms. James-Perez agreed on changing the pass rate for VNs and PTS and inquired about the process to move forward with the change.

• Mr. Swenson explained the steps to change the regulation: 1. The board approves the l anguage a nd submits the r ule m aking file. The rule

making file includes DCA legal affairs, the Director, the Department of Finance and Agency, who review the file. Any changes made in the rule making file will be sent back to the Board for approval.

2. The rule making package will be prepared and submitted for formal approval to the Office of Administrative Law (AOL). The Administration Procedure Act will come into play which notices the requirement for public comment and public hearing.

3. Once the rule making package has been approved by OAL, the rule making file will go to the Secretary of State.

He also commented that the process may take up to a year. • Ms. James-Perez suggested updating the web site to provide the public and students with

updates and pr ogress. • Ms. Yamaguchi commented that the issue will also be discussed during the Director’s

Forum with the schools.

Motion: Programs shall maintain a yearly average pass rate that does not fall below 75 percent for first time candidates of the school for that period; and staff is authorized to move forward with the formal rule making process. Moved: Samantha James-Perez Seconded: Kenneth Maxey

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The motion passed. 2. Applicant, Licensee and Provider Fees

Ms. Yamaguchi explained that that this proposed language needs to be placed in our regulations to implement our new fee structure.


• Ms. Turner explained that the fee changes should be updated in the regulations which requires a Board vote.

Motion: To accept the staff recommendation to pursue a section 100 change to implement the fee increase in r egulation which is enacted by SB 1480. Moved: Not required Seconded: Not required


The motion passed.

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iii. Request to Pursue Legislation to Amend/Create Statutory Language within Business and Professions Codes: 1. School Fees Ms. Turner stated that the Board needs to vote on pursuing legislation to impose fees on the schools for the NEC’s services and application fees. Public Comment: None Board Discussion:

• Ms. Yamaguchi confirmed that the Board approved moving forward with legislation to impose fees on the schools in April, but the legislature office asked the Board to not pursue the s chool fees. Technically the Board still has the authorization to pursue school fees and the committee intends to ask the Board to authorize the committee and s taff to continue the process to develop draft legislation and shop for an author for the school fees.

• Ms. James-Perez agreed that the Board should s eek independent legislation. Motion: To accept the staff’s recommendation of item 5.A which is the draft of the school fees legislation, and to authorize Board staff to seek an author. Moved: Not required Seconded: Not required

Member Name Yes No Abstain Absent Recusal Endozo, Tammy Y Bass de Martinez, Bernice Y De Herrera, Paula A Y Carpenter, Aleta Y Dierking, John Y James-Perez, Samantha Y Maxey, Kenneth Y Norton, Donna Absent Sellers, Paul N Turner, Cheryl Y

The motion passed. 2. Delegate Default Decisions to Executive Officer Ms. Turner stated that the committee did not reach any conclusion with no recommendation at this time. This item will be further reviewed. The item was tabled. Public Comment: None


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Board Discussion:

• Dr. Bass de Martinez commented that a fact sheet needs to be presented at the next Board meeting with all options and implications. With this fact sheet, the Board should be able to take action at the February Board meeting.

Motion: Moved: Not required Seconded: Not required Agenda Item 21 Enforcement Committee A. Committee Report Ms. James-Perez presented the report and provided the highlights:

New Enforcement Chief, Ms. Candace Raney started August 20th. The Enforcement Division has a new Statistics Analyst, Pooja Mohan. The Special Investigators attend the National Certified Investigator’s training. The Probation Unit continues to increase the number of probationers to 425 and

54 cases are at the Attorney General’s Office. The Board continues to develop a solution for the DOJ’s fingerprint issue that

requires over 3,000 current licensees to submit new fingerprints. The Committee is currently revising the disciplinary guidelines which will be

presented to the Board. The Enforcement Division continues to implement the Monitor’s

recommendations.


• Mr. Sellers inquired if the committee is open to discuss the possibility of revoking licenses permanently.

• Ms. James-Perez commented that other state boards implement permanent revocation and can also be reconsider by the Board. She also added that the board has the ability for immediate suspension or Penal Code (PC) 100 for certain sex crimes.

Motion: Not required B. Enforcement Division Report

Ms. Candace Raney presented the report. The statistics for complaint intake continues to be steady.

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Investigations has an increase in total number of assigned investigations, an increase in the total pending and decrease in the average days pending. Over 567 investigations were completed during quarter one of the past fiscal year. The average days to complete the investigations fell to 248 days which is well below the target of 360 days.

In the Discipline Unit, 82 discipline cases were referred to the Attorney General’s Office. The Discipline Unit closed 21 cases of the 25 oldest pending cases.

Received and reviewed applications to fill the Staff Services Manager I position over the Licensing and Applicant Screening Unit.

Hong Nguyen is a new Probation Analyst. In compliance with Business and Professions Code Section 2847.8, Board staff

continue to meet with Division of Investigation (DOI) to review and discuss the board’s pending case load. The nex t meeting will be November 26th.

The Division continues to improve based on the monitor’s recommendation and the enforcement managers provide input on the recommendations and the information is presented to Ms. Yamaguchi and Ms. Lyman to prepare the report for the legislature.

Ms. Raney conducted one on ones with staff, established regular meetings with managers, reviewed the programs, available resources, and staff development needs. She is taking steps to increase communication and coordination between the units. She observes enforcement’s different units, and accompanied t he special investigation team in a large investigation. She also met with Ms. Gomez in the Education Unit to learn all things related to education. She commented that in the future, she will obtain weekly reports from enforcement managers that provide information on workload statistics to address current backlogs. She stated that she and Mr. Jay Prouty are scheduled to meet with the Deputy Attorney General Liaison on November 27th to ask questions and seek guidance. Ms. Raney commented that she plans to ask each enforcement team to set quarterly goals, and she will help develop a pl an to achieve the goals. She also plans to work with other agencies and coordinate efforts with those individuals who may be cross licensed. Additionally, a work group was established in the Probation Unit to review and revise the disciplinary guidelines. This could include the possibility of implementing a permanent ratification status and immediate suspension for grossly negligence acts. She also discussed developing a plan to review and audit the cost recovery program.


• Mr. Dierking inquired if the Board employed a task intercept program for cost recovery issues.

• Ms. Raney confirmed that the Board did. Motion: Not required Agenda Item 22 Public Comment on Items Not on the Agenda.

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Public Comment: None

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

Public Comment: None

Board Discussion:

• Ms. Endozo suggested including a presentation on the process of student admissions in a community college.

• Mr. Swenson confirmed that the item is appropriate to include on the agenda. • Mr. Dierking acknowledged the newly elected Assembly person from the 40th district, the

first Native American elected in the Legislature, James Ramos. • Ms. James-Perez acknowledged the first Korean State senator, Young Kim. • Ms. Endozo acknowledged the Board staff for organizing the Board meeting.

Agenda Item 24 Adjournment

Ms. Endozo m oved to adjourn. The meeting was adjourned at 2:31 pm.

Prepared by:__Signature on File__________________ Date:__12-25-2019_____ Elaine Yamaguchi Executive Officer

Approved by:____ Signature on File _______________ Date:___12-22-2019____ Tammy Endozo, LVN Board President


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Documents

~BVNl?T EJI.JSI NfZSS, CONSUf'l.llER SE:RVle;e:S …...2018/11/16 · Kenneth L. Swenson, DCA Senior Staff Counsel Attorney III, introduced himself. Ms. Endozo explained the meeting