West Virginia Board of Examiners For Speech-Language Pathology and Audiology ANNUAL REPORT 2015-2016 Submitted by: Ms. Patricia Nesbitt, Administrative Services Manager 99 Edmiston Way Box 11, Suite 214 Buckhannon, West Virginia 26201 304-473-4289 [email protected]www.wvspeechandaudiology.com
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West Virginia Board of Examiners For Speech-Language ... · 1900 Kanawha Boulevard East Charleston, West Virginia 25305 . Dear Governor Tomblin: Presented herein is the Annual Report
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West Virginia Board of Examiners for Speech-Language Pathology and Audiology
Board Members Dr. Michael J. Zagarella, Au.D, CCC-A, President
Vickie Pullins, M.A., CCC-SLP, Secretary Dr. Vernon N. Mullins, Au.D, CCC-A
Erin Leigh-Ann Browning, M.A., CCC-SLP Joe E. Richards, M.A., Citizen Member
October 3, 2016 The Honorable Earl Ray Tomblin Governor of the State of West Virginia 1900 Kanawha Boulevard East Charleston, West Virginia 25305 Dear Governor Tomblin: Presented herein is the Annual Report for the West Virginia Board of Examiners for Speech-Language Pathology and Audiology for the fiscal year ending June 30, 2016. The mission of the Board is to safeguard the public health by assuring and maintaining the professional, provisional and assistant qualifications of Speech-Language Pathologists and Audiologists. The goal of this agency will be to maintain competent and professionally prepared licensed Speech-Language Pathologists and Audiologists in the State of West Virginia. The Board is charged with the enforcement and administration of the provisions set forth in Chapter 30, Article 32 of the West Virginia Code relating to the licensure and regulation of Speech-Language Pathologists and Audiologists. The Board has seen an increase in complaints over the past 2 ½ years – seven (7) complaints from 2014 – September 2016 vs. 6 total valid complaints over the previous eight (8) years. The Board consists of five members appointed by the governor; two (2) members being Speech-Language Pathologists, two (2) members being Audiologists and one (1) citizen member. Each member may serve two (2) three year terms or until successors have been appointed by the governor. Sincerely,
Michael J. Zagarella, AuD, CCC-A Doctor of Audiology Chairman of the Board
WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND
AUDIOLOGY
BOARD MEMBERS
Dr. Michael J. Zagarella, Doctor of Audiology Board President 155 Glen Road Shepherdstown, WV 25443 Appointed: 07/19/2000 Vickie Pullins, Speech-Language Pathologist Board Secretary 120 Hanworth Lane Daniels, WV 25832 Appointed: 07/19/2000 Dr. Vernon N. Mullins, Doctor of Audiology 301 Stratton Street Logan, WV 25601 Appointed: 09/26/2013 Erin Leigh-Ann Browning (Ball), Speech-Language Pathologist P.O. Box 238 Slatyfork, WV 26291 Appointed: 09/26/2013 Joe E. Richards, Citizen Member 858 Carroll Road Charleston, WV 25314 Appointed: 11/12/2010
*Note – New Licensees from 07/01/2016 – 09/30/2016 SLP 18 ( 7 School SLPs) Provisonal SLP 24 (13 School SLPs) AUD 3 Additional Total 45 Total – as of 09/30/2016 1,101
RENEWALS ARE EVERY TWO (2) YEARS-NEXT RENEWAL
RENEWAL PROCESSES FOR 2015-2016 LICENSE RENEWAL FY2015 CALENDAR YR 2016 – FY 2017
THRU JUNE 30, 2015
SLP
AUD
DUAL
TOTAL
RENEWALS
756
146
4
906
NEW LICENSEES - JAN 1 THRU JUNE 30, 2015
42
5
0
47
TOTALS 798 151 4 953
PROVISIONAL LICENSEES (Active as of 06/30/2015)
37
0
37 SPEECH PATHOLOGY ASSISTANTS
2
2
TOTAL LICENSEES
837
151
4
992
PENDING RENEWALS
1
1
RENEWAL PROCESSES
EPAY - # OF TRANSACTIONS
823 91%
LOCKBOX - # OF TRANSACTIONS (N/A)
LOCAL/MAIL
83 9%
TOTAL 906
RETIRED LICENSES Effective JAN., 2015
9 NON RENEWALS
135
13
148
LATE & REINSTATEMENT FEES PAID - 11% of
Renewals Late Fees - 99 Licensees $7,425.00
Reinstatement
TOTAL $7,425.00
WV BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY & AUDIOLOGY - FINANCIAL FY 2015
WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY
COMPLAINT LOG CASE #1: - Not reportable to NPDB Date: June 30, 1997 Complainant: U.S. Food and Drug Administration Charged Party: Colleen L. Herald, M.A., CCC-SLP Nature of Complaint: The use of the audiokinetron on patients. Action: Case CLOSED following compliance by licensee to the Board. CASE #2: - Not reportable to NPDB Date: April 29, 1999 Complainant: Mary Burdette Charged Party: Richard L. Cunningham, Hearing Instrument Specialist, Better Hearing Center Nature of Complaint: False advertising. Action: Case was investigated by the Board. The case was closed following without incident due to the fact that the telephone company was in error listing Mr. Cunningham as an audiologist. CASE #3: - Not reportable to NPDB Date: July 20, 1999 Charged Party: Victoria Bosley, SLP Nature of Complaint: Working without a license. Action: Case was reviewed by the Board with the presence of Victoria Bosley. Victoria Bosley was issued a license to work after presenting evidence to the Board that she had in good faith tried to renew her license. CASE #4: Not reportable to NPDB Date: November 23, 1999 Complainant: Delbert Dean Ebbert Charged Party: Parrish Hearing Aid Center (Bill Parrish and David Wells) Nature of Complaint: Ordering and charging hearing aids to Mr. Ebbert without his consent. Action: The case was settled in Civil Court before the Board could investigate. Mr. Parrish refunded all the money and Mr. Ebbert wasn’t interested in pursuing the case any further. CASE #5: - Not reportable to NPDB – not enough information on charged party Date: June 15, 2000 Complainant: Tara D. Crane, M.S., CCC-A Charged Party: Thomas Mullin Nature of Complaint: Practicing audiology in the State of West Virginia without a license.
Action: The case was investigated and reviewed by the Board and found Tom Mullin quilty. Mr. Mullin has been refused licensing in the State of West Virginia. CASE #6: - Not reportable to NPDB DATE: April 6, 2001 Complainant: Rochelle Wisemen Charged Party: Sheila Wiseman Nature of Complaint: Fraud and incompetence. Conclusion: Case was investigated by Vickie Pullins, Board Member and Peter Americo, (appointed agent of the Board). Case was dismissed by the hospital and complainant. CASE #7: - Not reportable to NPDB DATE: September 6, 2001 Complainant: Joelle Kenney Charged Party: Human Resources Department, Seneca Health Services, Inc., 1305 Webster Road, Summersville, WV 26651 (304-872-6507) Nature of Complaint: The party mentioned advertised for a Speech-Therapist and listed the incorrect qualifications. After a phone call to the facility and talking with the secretary, she said the ad was a mistake and they would send us a copy of the new ad. CASE # 8: - Not reportable to NPDB Date: February 7, 2002 Complainant: Ralph H. Keplinger, Jr.; Daniel B. Hamon Charged Party: Linda DeWitt, Audiologist, License # 0058 Nature of Complaint: Linda DeWitt is signing off on Worker’s Compensation Applications without examining the patients. The exam is being done by unqualified personnel. License suspended on June 23, 2006. Marion County Circuit Court reversed the order on November 16, 2006. Linda DeWitt is currently in good standing. CASE #9: - Not reportable to NPDB Date: January 12, 2003 Complainant: Benjamin Campbell Charged Party: Paul Kuster Nature of Complaint: Benjamin Campbell was dissatisfied with the results of his hearing evaluation and accused Paul Kuster, audiologist of being unprofessional. Action taken: The Board found no fault in the accusation. CASE #10: - Not reportable to NPDB Date: February 2, 2005 Complainant: Sherri Rene Simpson Charged Party: Tiffany Jill Newberry Nature of Complaint: Sherri Simpson, a speech pathologist, feels Tiffany Newberry does not competently evaluate and diagnose her patients effectively, maintain correct records or sound clinical judgment. The Board found no legitimate reason to find fault in Ms. Newberry’s treatment to patients. CASE #11: - Not reportable to NPDB Date: February 2, 2005
Complainant: Allen Desmond, Au.D. Charged Party: James Meredith, Audiologist Nature of Complaint: Fraudulent billing to patient and Worker’s Compensation and false and misleading advertising. No charges made, this is a civil matter.
Cases 12 through 27 are disciplinary actions filed by the Board on licensees who violated the continuing education audit of 2003-2004. Due to the number of violations the Board reverted back to reviewing all CEUs. *Case #12: - Not reportable to NPDB – Considered Administrative vs. Clinical Date: Nov. 7, 2005 Complainant: WVBESLPA Charged Party: Erin Leigh-Ann Ball, SLP Nature of Complaint: Licensee failed to respond to the 2003-2004 Notification of Continuing Education Audit. Letter of reprimand. Licensee complied and returned to good standing. *Case #13: - Not reportable to NPDB – Considered Administrative vs. Clinical Date: Nov. 7, 2005 Complainant: WVBESLPA Charged Party: Millet John Bartoul, Jr., Aud. Nature of Complaint: Licensee failed to respond to the 2003-2004 Notification of Continuing Education Audit. Letter of reprimand. Licensee complied with CEU audit and returned to good standing. *Case #14: - Not reportable to NPDB – Considered Administrative vs. Clinical Date: Nov. 7, 2005 Complainant: WVBESLPA Charged Party: Elizabeth Brumley, SLP Nature of Complaint: Licensee failed to respond to the 2003-2004 Notification of Continuing Education Audit. Letter of reprimand. Licensee complied with CEU audit and returned to good standing. *Case #15: - Not reportable to NPDB – Considered Administrative vs. Clinical Date: Nov. 7, 2005 Complainant: WVBESLPA Charged Party: Robert James Buck, SLP/AUD Nature of Complaint: Licensee failed to respond to the 2003-2004 Notification of Continuing Education Audit. Licensee complied with CEU audit and returned to good standing. *Case #16: - Not reportable to NPDB – Considered Administrative vs. Clinical Date: Nov. 7, 2005 Complainant: WVBESLPA Charged Party: Howard Bennion Calder, Aud.
Nature of Complaint: Licensee failed to respond to the 2003-2004 Notification of Continuing Education Audit. Letter of reprimand. Licensee complied with CEU audit and returned to good standing. *Case #17: - Not reportable to NPDB – Considered Administrative vs. Clinical Name of Licensee: Lisa Haines, SLP-0764 Date of CEU Audit: May 2005 Nature of Complaint: Failed to comply with 2003-2004 Audit. Letter of Reprimand. Licensee complied with CEU audit and returned to good standing. *Case # 18: - Not reportable to NPDB – Considered Administrative vs. Clinical Name of Licensee: Rebecca Bissett, SLP-0426 Date of Audit: July 2005 Expiration Date for Response from Licensee: July 30, 2005 Letter of Reprimand. Note: There was no cease and desist letter because she complied by July 30th. Licensee complied with CEU audit and returned to good standing. *Case # 19: - Not reportable to NPDB – Considered Administrative vs. Clinical Name of Licensee: Marilyn Bonnett, SLP-0079 Date of Audit: July 2005 Expiration Date for Response from Licensee: July 29, 2005 Letter of Reprimand. Licensee complied with CEU audit and returned to good standing. *Case #20: - Not reportable to NPDB – Considered Administrative vs. Clinical Name of Licensee: Heidi Boggs, SLP-0574 Date of Audit: July 2005 Expiration Date for Response from Licensee: July 29, 2005 Letter of Reprimand August 4, 2005. Licensee complied with CEU audit and returned to good standing. *Case # 21: Reported to NPDB 05/07/2010 Name of Licensee: Laura Ashley Epling, A-0237 Date of Disciplinary: August 26, 2005 Letter of Reprimand. Laura Epling worked on an expired provisional license (07-12-05) to August 26, 2005. She was fined $100.00 (50.00 per month) *Case # 22: - Not reportable to NPDB – Considered Administrative vs. Clinical Name of Licensee: Paula J. Carter Date of Disciplinary: August 17, 2005 Letter of Reprimand. Licensee complied with CEU audit and returned to good standing. *Case # 23: - Not reportable to NPDB – Considered Administrative vs. Clinical Name of Licensee: Diann R. Manns Date of Disciplinary: October 11, 2005 Letter of Reprimand. October 11, 2005 Licensee complied with CEU audit and returned to good standing. .
*Case # 24: - Not reportable to NPDB – Considered Administrative vs. Clinical Name of Licensee: Ruth Bland Date of Disciplinary Action: August 16, 2005 Letter of Reprimand. Licensee complied with CEU audit and returned to good standing. *Case # 25: - Not reportable to NPDB – Considered Administrative vs. Clinical Name of Licensee: Deborah Sowar Date of Disciplinary Action: November 10, 2005 Letter of Reprimand. November 10, 2005 Complied with CEU Audit and returned to good standing. *Case # 26: - Not reportable to NPDB – Considered Administrative vs. Clinical Name of Licensee: Marybeth s. Grove Date of Disciplinary Action: August 17, 2006 Letter of Reprimand and Penalty: August 17, 2006 Marybeth Grove was in violation of the 2003-2004 CEU Audit. Fined $500.00 *Case # 27: - Not reportable to NPDB – Considered Administrative vs. Clinical Name of Licensee: Marianne LeDonne Date of Disciplinary Action: August 27, 2006 Letter of Reprimand and Penalty of $500.00 Marianne LeDonne was in violation of the 2003-2004 Audit
Case # 28: - Reported to NPDB – 06/16/2010 Name of Licensee: Jennifer L. Beller Date of Disciplinary Action: November 8, 2006 Letter of Reprimand and Penalty of $75.00 fine. Working on an expired license. Case # 29: - Reported to NPDB 06/16/2010 Complainant: WVBESLPA Date: August 3, 2009 Name of Licensee: Dana J. Butcher, SLP-0889 Nature of Complaint: Ethics Violation in supervision of a provisional licensee. Disciplinary Action: October 4, 2009. Affidavit was signed by Dana J. Butcher in agreement of the letter of reprimand sent to her by the Board of Examiners for Speech Pathology and Audiology. – Reported to NPDB-HIPDB 06/16/2010
Case #30 – Reported to NPDB 08/19/2010 Complainant: Molly Laraway Date: December 8, 2009 Name of Licensee: Angela Shaffer, SLP-0979 Nature of Complaint: Excessive charged amount, billing for two services (evaluation & therapy) during the same 20 minutes session. The Board found Ms. Shaffer in violation of several articles of WV Code, i.e., fraud, misrepresentation of services rendered, etc. Disciplinary Action: July 19, 2010 – Consent Decree Signed License suspended for a period of twelve (12) months – the suspension was stayed and Ms. Shaffer was placed on probation for a period of one (1) year. During the probation period, she must comply as follows:
- Rescind charges from the patient file for evaluations charged in April, May, and June, 2009
- Cease and desist the practice of billing for two services on the same date unless two services are provided and documented
- Obtain two (2) hours of Continuing Education in the area of Ethics during the 2010-2012 licensing period.
Case #31: - Not reportable to NPDB Complainant: Charles A. Mordecai Date: January 7, 2010 Name of Licensee: Rene’ Donley, Audiologist Nature of Complaint: Fraudulent information documented in his records. Patient claims he as been previously diagnosed with vertigo by other doctors and is trying to get VA Disability Compensation. The diagnosis of vertigo is not in Mr. Mordecai’s VA medical records and he is claiming Dr. Donley purposely falsified his records. Rene’ Donley’s response does not support the diagnosis of vertigo and claims the examination requested from VA Administration in Huntington, WV was for Meniere’s Syndrome. The examination was a "Compensation and Pension Evaluation" – not a medical examination but an administrative evaluation requested by VA, Huntington, WV and standard VA protocol must be followed. The case against Dr. Rene’ Donley was dismissed. The Board is without jurisdiction to decide matters concerning VA compensation and pension evaluation rules, regulations and procedures. Case #32: - Reported to NPDB 08/06/2010 Complainant: WV Board of Speech and Audiology Date: June 24, 2010 Name: Lisa Ann Bosley, P/SLP-0225 Nature of complaint: Discovered through the standard verification process, Ms. Bosley had been practicing without a license since January, 2002. She had forged license documents and ASHA certification cards since January 4, 2002 when her provisional license expired. She did not apply or receive a professional license to practice Speech-Language Pathology in the State of WV.
Disciplinary Action: Since Ms. Bosley was practicing without a valid license, the WV Board does not have jurisdiction. A Cease and Desist letter was sent to Ms. Bosley on June 25, 2010 and all documents relating to the case were turned over to the WV State Police for investigation. U.S. Attorney’s Office prosecuted. Plea agreement reached – sentenced on April 27, 2012. 5 Years Probation - $240,000 in restitution to Genesis Rehabilitation Corp. @ $50 per month. Case #33 – Reported to NPDB 09/16/2011 Complainant: WV Board of Speech and Audiology Nature of complaint: Unlicensed provisional (CFY) practice Name: Holly Hitt, SLP-1281 The Board found Ms. Hitt to be in violation of WV Code and WV Code Rules by practicing without a Provisional SLP License from June 21, 2010 thru September 8, 2010. Ms. Hitt is in violation of WV Code §§30-32-17 (b)(4), (b)(9) and (b)(13), and WV Code Rule §§29-5-2.6.a.1 and 2.7.b.2 Some leniency was given to Ms. Hitt for the following reasons:
- Completed her Clinical Fellowship Year in the Kanawha County, WV school system; WV licensure is not a requirement in the school system
- Even though, she advised her employer that she did not have a professional license and was waiting for her CCC and would then apply, the employer told her she could see patients and they would have a licensed SLP co-sign her evaluations, treatments, etc.
Disciplinary Action: August 26, 2011 – Consent Decree Signed License # SLP-1281 – Letter of Reprimand valid for one (1) year and will be expunged after the designated timeframe has expired. The following additional requirements also apply:
- Complete a Board approved Ethics Seminar/Course in addition to the twenty (20) Continuing Education Requirements for license renewal in 2012. Completion of the course will be completed within ninety (90) days.
- Write an article regarding experiences with the West Virginia licensing process; to include the importance of knowing the Legislative Laws and Rules that regulate the Speech-Language Pathology professional and the likely repercussions if ignored.
- Pay a fine of $250.00 Case #34 – Reported to NPDB 09/15/2011 Complainant: WV Board of Speech and Audiology Nature of complaint: Supervision and co-signing of unlicensed provisional (CFY) services provided Name: Marianne LeDonne, SLP-0157 The Board found Ms. LeDonne to be in violation of several articles of WV Code and WV Code Rules, i.e., 1)aiding and abetting unlicensed practice, 2)fraud and deceit, 3)dishonorable, immoral or unprofessional conduct, 4)”engage in any scheme or artifice to defraud in connection with obtaining payment or reimbursement for services.” 5)dishonesty, fraud, deceit, misrepresentation, or any form of conduct that adversely reflects on the profession. Ms. LeDonne co-signed documents for evaluations, treatments, etc. provided by an unlicensed provisional Speech-Language Pathologist. Ms. LeDonne is in violation of the WV Code§§30-32-17 (b)(4). (b)(5), (b)(9) and (b)(13) and WV Code Rule §§29-5-2.6a.3 and 2.7.b.2. Disciplinary Action: August 22, 2011 – Consent Decree Signed License #SLP-0157 placed on probation for a period of two (2) years with the following additional requirements:
- Shall not provide supervision of, including but not limited to, CFY/Provisional licensees or speech assistants for a period of two (2) years.
- Shall inform employer(s) of the probationary status of her Speech-Language Pathology license and show proof of the same to the Board.
- Shall provide documentation to the Board of formal training in supervision - Shall provide quarterly self-reports to the Board - Pay a fine of $500.00
Case #35 – Dismissed Complainant: Mark Halburn Nature of complaint: Patient had to wait ½ hour to be seen. Left without exam and says was refused an appointment later in the day. Name: Gregory Simmerman, A-0062 The Board dismissed this case for lack of probable cause. Gregory Simmerman did not violate the State of West Virginia Statute or Rules governing the practice of Speech-Language Pathology and Audiology. Case #36 – Reported to NPDB 03/22/2012 Complainant: WV Board of Speech and Audiology Nature of Complaint: Unlicensed Provisional (CFY) practice Name: Vanessa Marie McCullough The Board found Ms. McCullough to be in violation of WV Code and WV Code Rules by practicing without a Provisional SLP License from January 17, 2011 through January 6, 2012. Ms. McCullough is in violation of WV Code §§30-32-17 (b)(4), (b)(9) and (b)(13), and WV Code Rule §§29-5-2.6.a.1 and 2.7.b.2 Some leniency was given to Ms. MCCullough for the following reasons:
- Information received from her SLP supervisor was incorrect. The supervisor, who is licensed in PA and WV, thought a Clinical Fellow worked under the supervisor’s license. This is true in PA but a provisional license is required in WV. Even though, the Board found fault with Ms. McCullough, they felt the biggest part of the culpability was the supervisor’s.
- Ms. McCullough completed her Clinical Fellowship Year and received her CCC from ASHA. Because she received her CCC, per our Law and Rules her professional license was granted on January 9, 2012.
Disciplinary Action: February 29, 2012 – Consent Decree Signed License # SLP-1358 –
- Letter of Reprimand valid for one (1) year, to be expunged after the designated timeframe has expired. The following additional requirements also apply:
- Complete a Board approved Ethics Seminar/Course in addition to the twenty (20) Continuing Education Requirements for license renewal in 2012. Completion of the course will be completed within ninety (90) days.
- Write an article regarding experiences with the West Virginia licensing process; to include the importance of knowing the Legislative Laws and Rules that regulate the Speech-Language Pathology professional and the likely repercussions if ignored.
- Pay a fine of $500.00
Case #37 – Reported to NPDB 06/01/2012 Complainant: WV Board of Speech and Audiology Nature of Complaint: Supervision and co-signing of unlicensed provisional (CFY) services provided. Name: Joseph Louis Garcia, SLP-1301 The Board found Mr. Garcia to be in violation of several articles of WV Code and WV Code Rules, i.e., 1)aiding and abetting unlicensed practice, 2)fraud and deceit, 3)dishonorable, immoral or unprofessional conduct, 4)”engage in any scheme or artifice to defraud in connection with obtaining payment or reimbursement for services.” 5)dishonesty, fraud, deceit, misrepresentation, or any form of conduct that adversely reflects on the profession. Mr. Garcia co-signed documents for evaluations, treatments, etc. provided by an unlicensed provisional Speech-Language Pathologist. Mr. Garcia is in violation of the WV Code§§30-32-17 (b)(4). (b)(5), (b)(9) and (b)(13) and WV Code Rule §§29-5-2.6a.3 and 2.7.b.2. Disciplinary Action: May 7, 2012 – Consent Decree Signed License #SLP-1301 placed on probation for a period of two (2) years with the following additional requirements:
- Shall not provide supervision of, including but not limited to, CFY/Provisional licensees or speech assistants for a period of two (2) years.
- Shall inform employer(s) of the probationary status of his Speech-Language Pathology license and show proof of the same to the Board.
- Shall provide documentation to the Board of formal training in supervision - Shall provide quarterly self-reports to the Board - Pay a fine of $500.00
Case #38 – Not reportable to NPDB Complainant: Mr. Eric Grandon Name of Licensee: Peter Americo, Speech-Language Pathologist Nature of Complaint: The complainant was a physical therapy assistant working for the respondent in the Rehab Dept. of an area medical center. Because of an extended illness due to a disability, he job was not held open for him but he claimed he was subjected to continuous harassment and adverse terms and conditions of employment. The case against Mr. Americo was dismissed March 29, 2012. The Board is without jurisdiction to decide matters concerning employee/employer matters, employment and/or discrimination. This is a matter for the EEOC and Human Right Commission. Case #39 – Not reportable to NPDB Complainant: Ms. Allison Davis Name of Licensee: Michelle Thomas, Provisional Speech-Language Pathologist Nature of Complaint: Allison Davis, Mother of student receiving therapy services at Cabell County Public Schools filed a complaint re: several issues, i.e., quality of therapy being provided, discrepancy issues with toileting during the same time(s) shown therapy services were being provided, missing logs, etc. After the complaint was filed and responses were received from both Ms. Thomas and her supervisor, Ms. Davis signed a resolution settlement agreement with Cabell County Schools. At
the same time, she also signed an amendment to the settlement agreement to dismiss the complaint against Ms. Thomas with the Board of Examiners. She signed the amendment with prejudice. The complaint was dismissed April 3, 2013 Because the Board had not had the chance to speak with the licensee, Ms. Thomas, a conference call was arranged during the August 24, 2013 Board meeting to clarify log discrepancies, etc. Case #40 – Reported to NPDB on 5/05/2015, as well as the appeal notification. Complainant: Ms. Vickie Pullins, SLP Nature of Complaint: Licensee provided a treatment regimen over the phone and without seeing and or evaluating a patient with degenerative disease creating progressive swallowing and communication problems. Name: Elissa Lindsay, SLP-0057 The Board found Ms. Lindsay to be in violation of the following Code and Code Rules: WV Code - §30-32-19.(g)(3) Being guilty of unprofessional conduct as defined by
legislative rule of the board. §30-32-19.(g)(5) Providing substandard care due to a deliberate or
negligent act or failure to act regardless of whether actual injury to a patient or client is established.
WV Code Rules - §29-5.2.4.b.1. Individuals shall provide all services competently §29-5.2.4.b.2 Individuals shall use every resource, including referral when
appropriate, to ensure that high-quality service is provided. §29-5.2.4.b.7. Individuals shall not evaluate or treat speech, language or
hearing disorders solely by correspondence. The Board proposed the following settlement:
1. Probation status for a period of six (6) months. At the end of six (6) months, the probation will be expunged from Board records unless another complaint is received during the probation period, fault is found and disciplinary action is required.
2. Two (2) hours of Ethics continuing education prior to license renewal in December, 2014
3. Letter of reprimand for the licensee’s file. 4. Write an article for the WV Board of Examiner’s newsletter pertaining to this
violation but not necessarily specific to this situation. The licensee declined and requested a hearing. The case was heard before an Administrative Law Judge on December 9, 2014 at the Board office. The decision, dated April 10, 2015, sustained the Board’s findings and denied any objections or defenses by the Respondent (licensee). An appeal was filed on June 4, 2015. The hearing for the appeal is scheduled for November 30, 2015 and rescheduled for January 4, 2016. The matter was argued before Raleigh County Circuit Court Judge Robert A. Burnside, Jr.
Judge Burnside overturned the Administrative Law Judge’s decision. As of September 29, 2016, the Court’s final order has not been entered and until the order is entered, the Board cannot make a decision on whether to appeal the Circuit Court Decision to the WV Supreme Court. Final Disposition is still pending.
Case #41 – Reported to NPDB 09/30/2015 Complainant: Gentiva Home Health Nature of Complaint: Falsifying patient records Name: Kelly Dew, SLP-1110 The complainant alleged Kelly Dew was preparing and submitting daily notes and provider time sheets without being in the patient home or having made the home visit. The complaint alleges this included charts for eight (8) patients with as few as (1) visit and as many as seven (1) visits. The complainant was able to watch and print the audit trail, via the live system, of one such chart. All information, e.g., vital signs, notes, progress of patient, etc., was included but when ask if she had actually made the home visit, she admitted she had not and at the same time, deleted the daily notes and timesheet. The Board found Ms. Dew in violation of the following Code and Code Rules:
- §30-32-19(g)(3) Being guilty of unprofessional conduct as defined by legislative rule of the board.
- §30-32-19(g)(4) Violating provisions of this article rule or lawful order of the board - §30-32-19(g)(5) Providing substandard care due to deliberate or negligent act or failure to
act regardless of whether actual injury to a patient or client is established. - §30-32-19(g)(13) Abandoning or neglecting a patient or client in need of immediate
professional care without making reasonable arrangement for the continuation of care. - §29-1-9.1 Licensees shall comply with the Board’s code of ethics as set forth in 29 CSR
5. Failure to comply with the code of ethics will be grounds for disciplinary action as described in WV Code §30-32-19.
- §29-5-2.4.a. Individuals shall honor their responsibility to hold paramount the welfare of persons they serve professionally.
- §29-5-2.4.b.1 Individuals shall provide all services competently - §29-5-2.4.b.10 Individuals shall not charge for services not rendered, nor shall they
misrepresent, in any fashion, services rendered or products dispensed - §29-5-2.6.a.3. Individuals shall not misrepresent diagnostic information, services
rendered, or products dispensed or engage in any scheme or artifice to defraud in connection with obtaining payment or reimbursement for such services or products.
- §29-5-2.7.b.2. Individuals shall not engage in dishonest, fraud, deceit, misrepresentation or any form of conduct that adversely reflect on the professions or on the individual’s fitness to serve persons professionally
Disciplinary Action: August 17, 2015 – Consent Decree Signed & effective 08/31/2015 - Licensee will pay a fine of $500, payable within sixty (60) days of execution of the Consent
Decree (Board extended an additional thirty (30) days upon written request from the licensee.
- License place on probation for a period of one (1) year from the date of execution of the Consent Decree
- Licensee must notify employer in writing of the one (1) year probation and be provided with a copy of this Consent Decree. Licensee must verify in writing to the Board that her employer has been notified of her probation and received a copy of this Consent Decree.
- Licensee must submit quarterly reports to the Board on the form provided by the Board. - Licensee must submit to the Board a copy of her employer’s annual performance
evaluation at the end of her one (1) year probation. Case #42 - Dismissed Complainant: Sharon Clagett, SLP Nature of complaint: Code of Ethics violation Name: Stephanie Richards, Au.D., CCC-A The Board found the following facts:
- Currently holds an Audiology license, #A-0167, initially issued by the Board on July 18, 2000. From 2000 – June 30, 2007 Audiology services were provided in various private practices.
- On July 1, 2007, she received a Temporary Authorization as a Speech Assistant from the WV Dept. of Education to provide speech therapy services in the public school system.
- Completed a Doctorate Degree in Audiology in July, 2007 - Was certified/endorsed as a Speech-Language Pathologist from the Harrison County WV
Board of Education on July 26, 2008 and has provided speech-language pathology services to public school students since 2008. The certification/endorsement also included a Doctorate Degree Salary Class.
- Was endorsed, July 1, 2011, by the WV Dept. of Education as having ASHA certification (CCC). This endorsement entitles her to a $2,500 yearly salary supplement from the Dept. of Education. The supplement may be awarded “when employed in the public schools in the position in which they hold the board certification.” ASHA certification is in Audiology.
The Board found the Audiologist was working outside her scope of practice as a Speech-Language Pathologist. Disciplinary Action: Settlement letter sent 09/25/2015 requiring a voluntary surrender of her AUD license. Based on legal advice received from the Assistant Attorney General handling the complaint re: the Board having no jurisdiction in the public schools, even if the respondent holds an active and valid license from the WV Board of Examiners. The Board voted 4-1 to dismiss the complaint on November 18, 2015. Case #43 – Reported to NPDB 01/27/2016 Complainant: WV Board of Speech-Language Pathology & Audiology Nature of Complaint: Unlicensed Practice Name: Rachel Yoder The Board finds the following:
- WV Speech-Language Pathologist was employed by Cornerstone Pediatric Center, LLC., Bridgeport, WV in August 2014. Ms. Yoder was not licensed by the State of WV and
illegally provided Speech-Language Pathology services from August 2014 through July 19, 2015 while completing a clinical fellowship year.
- Received her ASHA certification (CCC) on July 7, 2015 upon completion of her Clinical Fellowship
- Was supervised during her clinical fellowship by a WV licensed Speech-Language Pathologist – license #SLP-1211
- Applied for and received her WV SLP license on July 20, 2015. The license was granted per WV Code §30-32-12. Waiver of requirements; practice pending disposition of application.
Alledged Violations: - §30-32-1.(a) It is unlawful for any person to practice or offer to practice speech-language
pathology or audiology in this state or advertise or use any title or description tending to convey the impression that the person is a speech-language pathologist or audiologist unless the person has been licensed under the provision of this article and the license has not expired, been suspended or revoked.
- §30-32-19.(g)(3) Being guilty of unprofessional conduct as defined by legislative rule of the board;
- §30-32-19.(g)(4) Violating provisions of this article, rule or a lawful order of the board. - §29-5-2.5.3b.1. Individuals shall engage in the provision of clinical services only when
they hold appropriate license or when they are in the licensure process and are supervised by an individual who holds the appropriate license.
- §29-5-2.6.a.1 Individuals shall not misrepresent their credentials, competence, education, training or experience.
Written response from Respondent received October 13, 2015. Disciplinary Action: November 20, 2015 – Consent Decree Signed & effective January 4, 2016
- Licensee will pay a fine of $500, payable within sixty (60) days of execution of the Consent Decree
- A letter of REPRIMAND will be placed in Ms. Yoder’s file maintained by the Board for a period of one (1) year.
Case #44 – Complainant: WV Board of Examiners for Speech-Language Pathology & Audiology Nature of Complaint: Supervision of unlicensed provisional (CFY) therapy services provided. Name: Julianne C. Bearden The Board finds the following:
- WV licensed Speech-Language Pathologist, supervised a clinical fellow from August, 2014 through July 19, 2014
- The supervised clinical fellow did not hold the required WV provisional license - All services provided by the clinical fellow were billed under the licensed SLP/supervisor’s
name. Alledged Violations:
- §30-32-19.(g)(3) Being guilty of unprofessional conduct as defined by legislative rule of the board;
- §30-32-19.(g)(4) Violating provisions of this article, rule or a lawful order of the board;
- §30-32-19.(g)(12) Aiding or abetting a person who is not licensed or registered in this state and who directly or indirectly performs activities requiring a license or registration.
- §29-5-2.7b.1. Individuals shall prohibit anyone under their supervision from engaging in any practice that violates the Code of Ethics.
Response received from Respondent’s attorney October 29, 2015. Consent Decree Sent with response due on or before December 30, 2015. The Respondent requested a hearing. The matter was heard by an Administrative Law Judge on May 4, 2015. The Administrative Law Judge upheld and recommended the Respondent’s license to practice the profession of speech-language pathology be disciplined, per his recommended order dated August 23, 2016 Disciplinary Action: September 30, 2016 – Final Decision and Order effective September 30, 2016
- Licensee will pay a fine of $1000, payable within sixty (60) days from the date of the Order.
- A letter of REPRIMAND will be placed in Ms. Bearden’s file maintained by the Board for a period of one (1) year.
- Respondent is prohibited from supervising clinical fellows and assistants for period of (1) one year from the date of the Order.
- Respondent must undergo formal training in supervision. (Respondent attended two continuing education courses in supervision after the complaint was filed. The Respondent has fulfilled this requirement and no additional training is required.)
Case #45 – Complainant: Self Reported by Respondent Nature of Complaint: Plead guilty to one felony count of child endangerment. Incident happened when Respondent was a juvenile – approx.. 10- 12 yrs. old Name: Ronnie Warrington Disciplinary Action: February 23, 2016 – Consent Decree Signed & effective March 7, 2016
- Licensee’s license placed on probation for a period of one (1) year from the date of execution of the Consent Decree
- During the probationary period, Licensee is prohibited from providing treatment to any individual under the age of eighteen (18) unless another adult is present in the room. The adult may be a parent, office manager or coworker, provided they are over the age of eighteen. (18)
- During the probationary period, any treatment provided to a patient under the age of eighteen (18) must be documented and submitted to the Board at the time of license renewal.The Board will review the documentation and the license renewal documents prior to the renewal being approved.
- Licensee’s employer must be notified in writing of the one (1) year probation and be provided with a copy of the Consent Decree. Licensee must verify in writing to the Board that his employer has been notified of his probation and received a copy of the Consent Decree.
Case #46 – Pending – Investigating Complainant: Lara Ann Hartzell, PT – WV Birth to Three Nature of Complaint: Providing Services outside the scope of practice of Speech-Language Pathology. Name: SLP Alledged Violations: Evaluating and providing services directly related to Physical Therapy & Occupational Therapy to children in the WV Birth to Three program. Response to complaint notification received from Respondent’s attorney June 13, 2016. Case #47 – Pending – Signed Consent Decree Complainant: Marden Rehab, Contracting Speech-Language Pathology Services to Good Samaritan Nursing Facility, Belington, WV Nature of Complaint: Documented/falsified documents for therapy services not provided to patients. The documents include daily notes for reimbursement, as well as time records to obtain wages for services not provided. Name: Emily E. Ballard Response to complaint notification received from Respondent’s attorney June 13, 2016. The Board finds the following: After a review of all records of an investigation by Marden Rehabilitation, the Board concluded that Ballard falsified documentation and reported patient visits on at least five (5) occasions. The Board found Ms. Ballard in violation of the following WV Code & Rules:
- §30-32-19(g)(3). Being guilty of unprofessional conduct as defined by legislative rule of the Board
- §29-5-2.4.b.10. Individuals shall not charge for services not rendered, nor shall they misrepresent, in any fashion, services rendered or products dispensed.
- §29-5-2.6.a.3. Individuals shall not misrepresent diagnostic information, services rendered, or products dispensed or engage in any scheme or artifice to defraud in connection with obtaining payment or reimbursement for such services or products.
- §29-5-2.7.b.2. Individuals shall not engage in dishonesty, fraud, deceit, misrepresentation, or any form of conduct that adversely reflects on the professions or the individual’s fitness to serve persons professionally.
DISCIPLINARY ACTION – SEPTEMBER 14, 2016. CONSENT DECREE SENT SEPTEMBER 15 – RECEIVED BY LICENSEE SEPTEMBER 21
- Payment of a fine in the amount of Five Hundred Dollars ($500), payable withing sixty (60) days of the execution of the Consent Decree.
- License placed on probation for a period of two (2) years from the date of execution of the Consent Decree.
- Employer(s) must be notified in writing of the two (2) year probation and be provided a copy of the Consent Decree. Verification in writing to the Board that the employer(s) have been notified of the probation and received a copy of the Consent Decree.
- License is subject to two (2) years of supervised practice. Supervised practice means following the rules for supervision of a Provisional Licensee.
- The Supervisor must be approved by the Board
- The Supervisor is required to submit quarterly reports to the Board, at no cost to the Board. It is the Licensee’s responsibility to ensure her supervisor’s quarterly reports are timely submitted to the Board.
PENDING 10/03/2016 – SIGNATURE & EXECUTION OF CONSENT DECREE Updated October 3, 2016
LICENSED AUDIOLOGISTS AS OF JUNE 30, 2016 Employer Address City State Zip County License Number First Name Last Name
RESA 8 109 S. College St Martinsburg WV 25401 Berkeley A-0025 Michael Zagarella
Audiology, Inc.
400 W. King St. Martinsburg WV 25401 Berkeley A-0025 Michael Zagarella
Flagstaff AZ 86001 Coconino SLP-1679 Michele Pacansky
E-Therapy, LLC 1863 W. Shellie Drive Flagstaff AZ 86001 Coconino SLP-1680 Bobbi Shirley
West Virginia Board of Examiners for Speech-Language Pathology and Audiology
August 27, 2014
Board Meeting
Time: 5:30 PM Location: Conference Call Meeting Board Office 99 Edmiston Way – Suite 214 Buckhannon, WV 26201 Present: Board President, Michael Zagarella Board Member, Vernon Mullins Board Member, Joe E. Richards Board Member, Erin Ball Board Secretary, Vickie Pullins (called in after Complaint #40 discussion) Greg Foster, Asst. Attorney General – Board Counsel Administrative Services Mgr., Patricia Nesbitt The meeting was called to order at 5:30 PM by the Board President, Michael Zagarella. The minutes of the May 15, 2014 Board Meeting were read. Joe Richards made a motion the minutes be accepted and approved. Erin Ball seconded the motion. Motion carried. The financial report for July 31, 2014 was submitted for review. (copy attached). The cash balance as of July 31, 2014 is $163,852.93. Mike Zagarella made a motion the financial report be accepted as presented. Erin Ball seconded the motion. Motion carried. OLD BUSINESS Complaint #40 was discussed. The Board was notified in writing by the licensee’s legal counsel; the settlement agreement offered by the Board would not be accepted. A hearing was also requested. Greg Foster, Board Counsel, had previously advised the Board, the licensee would accept a settlement only if the six (6) month probation and letter of reprimand were taken off the table. All Board Members agreed the Board’s settlement agreement was more than fair and the complaint would proceed to a hearing. Based on Greg Foster’s recommendation, the Board agreed to contract an Administrative Law Judge to hear the case. Joe Richards made a motion to notify the licensee and her counsel in writing, the Board’s decision to reject her proposed disciplinary actions for a settlement agreement and the complaint will be heard by an Administrative Law Judge. Vern Mullins seconded the motion. Motion carried.
NEW BUSNESS Complaint #41 was discussed out of order from the agenda so Greg Foster could participate and offer advice. After a short discussion, it was determined additional information is required, i.e., patient daily notes, for the Board to decide if there is probable cause to pursue. Patty Nesbitt will call for the “daily note” information. Patty Nesbitt will also try to locate the Gentiva employee who signed the complaint but is no longer employed by Gentiva. The complaint was tabled for the collection of additional information. OLD BUSINESS Patty Nesbitt discussed the PERD Sunrise Review report presented to the Joint Committee on Government Organization in Bridgeport earlier today, 08/27/2014. The report recommends licensure not be a requirement for SLPs and AUDs working in the public school system and also recommends the legislature “add back” the exemption in the law for the same. It was also reported that the SLPAs currently attending the distance learning program with the University of Cincinnati did not have the required supervision because (1) they are supervised through the University’s clinical practicum and (2) they work under a WV Dept. of Education waiver as Speech-Language Pathologists while completing their Master’s Degree. The University of Cincinnati took their lead re: supervision from Marshall University and WVU because their clinical practicum supervisors are not required to hold state license. Vickie Pullins will follow up to confirm that information. Patty Nesbitt reported the Jurisprudence Exam seems to be working fine. At this point, only a small number of active licensees have taken the quiz. Patty Nesbitt reported, as recommended by the Legislative Review, the following has been added to the Board’s licensee database: - Jurisprudence Exam – yes or no - License Denied – yes & space for reason for denial - ASHA CCC – yes or no - Reciprocity – yes or no - Education Level – Associates, Bachelors, Masters or Doctorate - College/University – Space for Name
An Audiology Assistant worked without a renewed registration from January 1, 2014 – June 20, 2014. She is no longer associated with the Audiologist. Mike Zagarella will write a letter to the Audiologist explaining the registration and renewal process for future reference.
An inquiry was received from Pamela Holland at Marshall University regarding the number of required Audiology hours for a Speech-Language Pathology as written in the Board’s legislative rules. Currently, the legislative rules required 30 hours in two areas. Marshall requires 20 Audiology hours for Speech-
Language Pathology. The discussion was tabled until the Board Members have an opportunity to research the discrepancy and a solution.
The members discussed the sponsorship for the National Conference. Vickie made a motion to send a $1500 sponsorship to the National Assn. for the Salt Lake City Conference in October. Vern seconded the motion. Motion carried.
The Board discussed the nominees for the National Assn. Board of Director vacancies. The board will cast a vote for Mike Zagarella and Glen Haguespack, Louisiana.
Vickie Pullins made a motion to adjourn. Vern Mullins seconded the motion. Meeting adjourned at 7:07 PM
Respectfully submitted,
Patricia J. Nesbitt
West Virginia Board of Examiners for Speech-Language Pathology and Audiology
December 9, 2014
Board Meeting
Time: 1:00 PM Location: Board Office 99 Edmiston Way – 2nd Floor Conference Room Buckhannon, WV 26201 Present: Board President, Michael Zagarella Board Secretary, Vickie Pullins Board Member, Vernon Mullins Board Member, Erin Ball Mr. Greg Foster, Attorney – WV Attorney General’s Office Ashley Hall, Regional Manager, Gentiva Home Health – via telephone call Administrative Services Mgr., Patricia Nesbitt The meeting was called to order at 1:24 PM by the Board President, Michael Zagarella. Complaint #41 (Old Business) was discussed out of order because of a pre-arranged telephone call with Ashley Hall, Gentiva Home Health, complainant. A telephone call was placed to Ashley Hall, Gentiva Home Health, for the purpose of gathering information regarding Complaint #41. Gentiva Home Health filed a complaint against a Speech-Language Pathologist claiming she falsified Daily Notes for therapy services not provided and then deleted at least one patient Daily Note when questioned re: whether the therapy was provided. The complaint was discussed after the telephone call with Ashley Hall ended. It was decided additional information would be required to move forward with the complaint. Erin Ball agreed to call Ashley Hall for the patient and/or caregivers’ telephone numbers so they can be contacted for additional information. The minutes of the August 27, 2014 Board Meeting were read. Vickie Pullins made a motion the minutes be accepted and approved. Erin Ball seconded the motion. Motion carried. The financial report for November 30, 2014 was submitted for review. (copies attached). The cash balance as of November 30, 2014 is $181,315.67. Receiving reports for July – November PCard payments were submitted for approval. The Board unanimously approved the financial report and PCard receiving reports.
OLD BUSINESS The provisional license application submitted by an India Master’s Program graduate was discussed. The Board agreed additional information is required before a decision can be made. The applicant must:
- Submit a foreign credentials evaluation from a credentialing agency approved by ASHA. The evaluation submitted with the application will not be accepted.
- Show proof of a WV address - Submit the name of her clinical fellowship supervisor
Once all has been submitted, the Board will ask that she meet with the Board before a decision is made. The Board discussed the request from Joseph Garcia for license reinstatement. Mr. Garcia (complaint #37) was in violation of one requirement of the Consent Decree effective May 7, 2012. After a discussion, the Board agreed Mr. Garcia’s license would be reinstated with the following stipulations:
- No supervision of provisional licensees and/or assistants for a period of one year beginning 01/01/2015 - Submission of Self-Supervision Quarterly Reports for 1 year.
A discrepancy in Audiology clinical practicum hour requirements stated in our Legislative Rule for a Speech-Language Pathologist vs. Marshall’s Speech-Language Pathology curriculum was brought to the Board’s attention. The Board’s Legislative Rule requires 30 hours in Audiology of the required 400 clock hours. The same is true of Audiology in the reverse. Marshall University requires 20 of the 400 clock hours in Audiology for completion of the Speech Pathology practicum. The issue will be finalized at the Board meeting held at the WVSHA spring conference. Vernon Mullins submitted written questions (copy attached) regarding the practicality of registering Audiology Assistants. After reviewing the guidelines/Legislative Rules for Audiology Assistants, he concluded the Rules are, for the most part, non-existent for specific duties an Audiology Assistant can or cannot perform. NEW BUSINESS Greg Foster presented a brief update on the issue of Brickstreet Worker’s Compensation Insurance requiring all claims for hearing aids be provided by Starkey. The letters received by the Board from WV Audiologists were forwarded to Greg Foster, Asst. Atty. General. He, in turn, requested the Consumer Protection Div. of the Attorney General’s office research the claim of “anti-trust”. He reported he has nothing new to report. The Consumer Protection Div. is researching the issue. Patty Nesbitt presented a brief overview of the final Purchasing Review of the Board received November 14, 2014. The review stated one (1) non-conformity with Purchasing Division laws, rules and/or regulations. Patty Nesbitt reported the Annual Report for the Board for fiscal years 2013 – 2014 was submitted to the Legislature. The annual report is due no later than December 31st of each year. Patty Nesbitt gave a brief review of the Auditor’s Annual Board Training held on December 4, 2014. Vickie Pullins made a motion to adjourn. Erin Ball seconded the motion. Meeting adjourned at 3:29 pm Respectfully submitted, Patricia J. Nesbitt, Administrative Services Manager
West Virginia Board of Examiners for Speech-Language Pathology and Audiology
April 17, 2015
Board Meeting
(as amended – July 8, 2015 Meeting)
Time: 5:30 PM Location: WVSHA Conference Bridgeport Conference Center 300 Conference Way Bridgeport, WV 26330 Present: Board President, Michael Zagarella Board Secretary, Vickie Pullins Board Member, Vernon Mullins Board Member, Erin Ball Citizen Member, Joe Richards Mr. Greg Foster, Attorney – WV Atty. General’s Office – via telephone call Administrative Services Mgr., Patricia Nesbitt The meeting was called to order at 5:15 PM by the Board President, Michael Zagarella. The minutes of the December 9, 2014 Board Meeting were read. Joe Richards made a motion the minutes be accepted and approved. Vern Mullins seconded the motion. Motion carried. The financial report through April 15, 2015 was presented. (copies attached). The cash balance as of April 15, 2015 is $267,062.09. Receiving reports for PCard payments were submitted for approval, as well as, the summary report (copy attached) from July 1, 2014 through April, 2015 payments, of PCard transactions. The Board unanimously approved the financial report and PCard receiving reports. The approved Budget documents for fiscal year 2016 were submitted to the Board for review. (Copies attached). Joe Richards made a motion the financial report(s) be accepted as presented. Vickie Pullins seconded the motion. Motion carried. OLD BUSINESS Complaint #’s 40 & 41 (Old Business) were discussed via a pre-arranged telephone call with the Board Attorney, Greg Foster. A telephone call was placed to Greg Foster at 5:22 PM. Joe Richards made a motion for the Board to go into Executive Session. Vern Mullins seconded the motion. Motion carried at 5:30 PM. Joe Richards made a motion to end the Executive Session at 5:55 PM. Vern Mullins seconded the motion. Motion carried and the Board returned to a public session and took up the following matters: Vickie Pullins and Erin Ball, recused from the Elissa Lindsay complaint, left the meeting at 5:55 PM for the discussions and decisions regarding the Elissa Lindsay complaint sanctions.
Complaint #40 – President Zagarella ask for a motion to accept the ALJ’s recommendation. Vern Mullins made a motion to accept. Joe Richards seconded the motion. The motion carried and the ALJ’s recommendation was accepted by the Board. The Board discussed the sanctions to be brought against Elissa Lindsay. President Zagarella called for a vote for the following sanctions:
- One year of supervised practice following the Legislative Rules for a Provisional Licensee. The supervised practice will be at no cost to the board.
- A letter of reprimand for her file. - Administrative Cost reimbursement of $3,410.03 - Fine of $1000.00 - Quarterly reports to the Board, at no expense to the Board, from the practice supervisor
The vote was 3 YEAS and 0 NAYS. Vickie Pullins & Erin Ball returned to the meeting at the completion of the Elissa Lindsay discussion and Board vote. Complaint #41 – Greg Foster will make a phone call to clarify the live electronic system used by Gentiva and their allegation of patient’s charts being falsified and in one instance deleted. At that point, depending on the outcome of his investigation, the Board will offer an informal conference to the licensee. Series 1 Proposed Rules Change was discussed. The Clinical Practicum Hours were changed to be in line with the actual number of hours at Marshall and West Virginia Universities. Vickie Pullins made a motion to approve the proposed changes. Erin Ball seconded the motion. Motion Carried. Series 2 Proposed Rules Changes were discussed. Two new sections - The Role of the Audiology Assistant and Tasks Outside the Scope of Responsibility of an Audiology Assistant – were added. Vickie Pullins made a motion to approve the proposed changes. Mike Zagarella seconded the motion. Vern Mullins raised a question, currently stated in the Rules, regarding the number of assistants who can be supervised by an AUD and/or a SLP. After discussion, it was decided to change the maximum number of assistants supervised by an AUD or a SLP from 3 to 2. A vote was called for the motion on the floor. 4 YEAS 1 NAY (Vern Mullins) A motion was made by Vickie to change to the number of assistants supervised from 3 to 2. Mike Zagarella seconded the motion. 4 YEAS 1 NAY (Vern Mullins) Series 1 Proposed Rules Change was discussed – Additional Requirements for International Applicants-English as a Second Language Applicants. Vickie Pullins made a motion to accept the Proposed Rules Change as submitted. Erin Ball Seconded the motion. Motion carried. Joe Richards gave a short update on the Supreme Court Anti-Trust Decision from the discussions and reports at the WVSHA meeting he attended. Patty Nesbitt reported the new site for the Jurisprudence Exam is working perfectly. A total of 33 applicants have completed the exam from 02/01/2015 – 04/03/15. NEW BUSINESS The requested license extension of a second year provisional licensee was discussed. Based on the information Vickie Pullins received after speaking with both the licensee's 1st year and current supervisors, a motion was made to extend her provisional license expiration through December 31, 2015 with the stipulation she and her supervisor meet with the Board after the completion of her clinical fellowship and prior to her professional license being issued. Erin Ball seconded the motion. Motion carried.
Patty Nesbitt submitted a written report for the 2015-2016 license renewal. Also submitted was the 2013-2014 written report for comparison purposes. (Reports are attached.) CE Broker for continuing education hours tracking and the implementation of online license verification was discussed. More information re: CE Broker is required before a decision can be made so the topic was tabled until after the National Conference in October so the board members have an opportunity to speak with a board or boards who are currently utilizing the service. Mike Zagarella and Vickie Pullins discussed the new CMS regulations for Medicaid billing in the WV school system as presented by Cynthia Parsons during the WVSHA Medicaid Update session. Effective August 1, 2015, all speech-language pathologists billing Medicaid in the schools must hold a license from the WV Board of Examiners. If they do not hold a license, billing Medicaid will be at a reduced rate and the speech pathologist will bill as a speech pathology assistant. The National Conference was discussed. The conference is in Charlotte, NC is October, 2015. Vickie Pullins made a motion to contribute the same amount as donated in 2014. The total donation was $1,500. Mike Zagarella seconded the motion. Motion carried. Joe Richards made a motion that the current officers of the Board be re-elected. Vern Mullins seconded the motion. Motion carried. President – Michael Zagarella Secy-Treasurer – Vickie Pullins The officer and board members nominations ballot for the National Assn. was discussed. Vern Mullins made a motion to adjourn. Vickie Pullins seconded the motion. Meeting adjourned at 8:44 PM Respectfully submitted, Patricia Nesbitt
West Virginia Board of Examiners for Speech-Language Pathology and Audiology
July 8, 2015
Board Meeting
Time: 5:00 PM Location: Conference Call Meeting Board Office 99 Edmiston Way – Suite 214 Buckhannon, WV 26201 Present: Board President, Michael Zagarella Board Secretary, Vickie Pullins Board Member, Vernon Mullins Board Member, Joe E. Richards Administrative Services Mgr., Patricia Nesbitt The meeting was called to order at 5:21 PM by the Board President, Michael Zagarella. The minutes of the April 17, 2015 Board Meeting were read. Vickie Pullins made a motion the minutes be approved as amended. Joe Richards seconded the motion. Motion carried. The financial report for FY ending June 30, 2015 was submitted for review. (copy attached). The cash balance as of June 30, 2015 is $250,972.45. There will be additional FY 2015 expenses paid during the 13th month (July). Joe Richards made a motion the financial report be accepted as presented. Vernon Mullins seconded the motion. Motion carried. OLD BUSINESS Mike Zagarella inquired whether there has been any license application activity from the public school speech-pathologists because of the new CMS/Medicaid policy effective August, 2015, requiring a state license for speech-language pathologists providing therapy services in the schools. Patty Nesbitt reported there have been a few license late renewals/reinstatements and a few telephone calls requesting license information. A follow-up was given regarding a new complaint the Board was advised would be filed. The Board office has not received the complaint and has not heard anything further from the party who was going to file. NEW BUSINESS Vickie Pullins discussed the benefits of becoming a member of FARB (Federation of Associations of Regulatory Boards). She also recommended the Board have representation at the FARB Conference in Denver, CO the first week of October. The annual fee for membership is $150.00. Vickie Pullins made a motion to approve the $150.00 membership fee for FARB. Joe Richards seconded the motion. Motion carried.
The decision for Board representation at the FARB conference(s) was tabled for later discussion. COMPLAINT #41 Vickie Pullins was recused from Complaint #41 and left the meeting at 5:46 PM prior to discussions. Kelly Dew declined the Board’s invitation to an informal conference on June 28, 2015. Based on the information and evidence gathered by Greg Foster, Asst. Attorney General, from the past and current director(s) at Gentiva, the Board decided a Consent Decree will be sent outlining the following sanctions:
- $500 fine - 1 year probation - Quarterly Self Reports – form to be furnished by the Board - Employer annual performance evaluation to be submitted to the Board at the end of the probation period.
The Board’s decision will be forwarded to Greg Foster, Asst. Attorney General, for the Consent Decree.
Vernon Mullins made a motion to adjourn at 6:08 PM. Joe Richards seconded the motion. Meeting was adjourned.
Respectfully submitted,
Patricia J. Nesbitt
West Virginia Board of Examiners for Speech-Language Pathology and Audiology
September 15, 2015
Board Meeting
Time: 5:00 PM Location: Video Conference Meeting Board Office 99 Edmiston Way – Suite 214 Buckhannon, WV 26201 Present: Board President, Michael Zagarella Board Secretary, Vickie Pullins Board Member, Vernon Mullins Board Member, Erin Browning Board Member, Joe E. Richards Administrative Services Mgr., Patricia Nesbitt The meeting was called to order at 5:12 PM by the Board President, Michael Zagarella. The minutes of the July 8, 2015 Board Meeting were read. Vickie Pullins made a motion the minutes be approved as amended. Joe Richards seconded the motion. Motion carried. The financial report for FY ending June 30, 2015 was submitted for review (copy attached). The cash balance as of August 31, 2015 is $241,697.57. Joe Richards made a motion to accept the financial report as presented. Vern Mullins seconded the motion. Motion carried. A Purchasing Card report of expenditures was presented. Vickie Pullins made a motion to accept as presented. Erin Browning seconded the motion. Motion carried. Mike Zagarella made a motion to go into Executive Session at 5:22 PM. Joe Richard seconded the motion. Motion carried. Complaints #42, #43 & #44 were discussed in Executive Session. Joe Richards made a motion to end the Executive Session at 6:08 P.M. Vern seconded the motion. Motion carried. Complaint #42 – Vickie Pullins made a motion to send a settlement letter to the licensed Au.D requiring the voluntary surrender of her Audiology license. Joe Richards seconded the motion. Motion carried. Complaint #43 – Vern Mullins made a motion to send a settlement letter as follows:
- Letter of reprimand in her file for 1 year - $500 fine
Joe Richards seconded the motion. Motion carried.
Complaint #44 – Vern Mullins made a motion to send a settlement letter as follows: - Two (2) years probation - No supervision for two (2) years, to include clinical fellows and SLPAs - Employer notification of sanctions/disciplinary actions with written confirmation of
the notification to the Board - Quarterly self-reports to the Board on a form provided by the Board - $1000 fine
Vickie Pullins seconded the motion. Motion carried. OLD BUSINESS Patty Nesbitt reported 14 public school SLP licenses and 2 public school provisional SLP licenses were received and processed since the beginning of the school year in response to the new Medicaid billing policy. NEW BUSINESS The Board discussed an application received from a Speech Pathologist who provides services in the public schools. The applicant passed the Praxis (NTE) and has a Master’s degree from the California University of PA. She did not, however, complete a clinical fellowship when she began working in the schools. Joe Richards made a motion that the application is not approved for a SLP license because all requirements, as outlined in §30-32 & §29-1, are not met. The applicant does have the option of applying for a provisional license to complete a clinical fellowship year. At that point, she could apply for a SLP license. Vern Mullins seconded the motion. Motion carried. A WV provisional licensee, currently working in the Ohio school system, contacted her previous clinical practicum supervisor at Wheeling Hospital regarding the possibility of providing services on a PRN basis. Because the minimum number of work hours for completion of a WV PPE/CFY is 15 hours, it is doubtful any of the hours worked at Wheeling Hospital could be counted toward the completion of a WV PPE. Joe Richards made a motion to adjourn. Vickie Pullins seconded the motion. Motion carried. Respectfully submitted, Patty Nesbitt, Administrative Services Manager
West Virginia Board of Examiners for Speech-Language Pathology and Audiology
November 18, 2015
Board Meeting
Time: 5:35 PM Location: Video Conference Meeting Board Office 99 Edmiston Way – Suite 214 Buckhannon, WV 26201 Present: Board President, Michael Zagarella Board Secretary, Vickie Pullins Board Member, Vernon Mullins Board Member, Erin Browning Board Member, Joe E. Richards – attended in Board Office Asst. Attorney General, Greg Foster – attended in Board Office Administrative Services Mgr., Patricia Nesbitt – attended in Board Office The meeting was called to order at 5:35 PM by the Board President, Michael Zagarella. The minutes of the September 5, 2015 Board Meeting were read. Vernon Mullins made a motion the minutes be approved as presented. Vickie Pullins seconded the motion. Motion carried. The financial report for FY ending October 31, 2015 was submitted for review (copy attached). The cash balance as of October 31, 2015 is $231,426.11. Joe Richards made a motion to accept the financial & PCard report as presented. Vern Mullins seconded the motion. Motion carried. Joe Richards made a motion to go into Executive Session at 5:47 PM. Vern Mullins seconded the motion. Motion carried. Complaints #42, #43 & #44 and the Dr. Warrington legal issue were discussed in Executive Session. Vernon Mullins made a motion to end the Executive Session at 7:03 P.M. Erin Browning seconded the motion. Motion carried. Complaint #42 – On advice from legal counsel Vernon Mullins made a motion to dismiss the case with prejudice. Joe Richards seconded the motion. Motion carried with 4 Yays. Mike Zagarella abstained. Motion carried. Greg Foster will write a dismissal order to the respondent’s attorney for Mike Zagarella’s signature. Complaint #43 – Joe Richards made a motion to send a Consent Decree with the following sanctions:
- Letter of reprimand in her file for 1 year - $500 fine
Vernon Mullins seconded the motion. Motion carried.
Complaint #44 – Joe Richards made a motion to send a Consent Decree with the following sanctions:
- Two (2) years probation - No supervision for two (2) years, to include clinical fellows and SLPAs - Employer notification of sanctions/disciplinary actions with written confirmation of
the notification to the Board - Quarterly self-reports to the Board on a form provided by the Board - $1000 fine
Vickie Pullins seconded the motion. Motion carried. Joe Richards made a motion for Dr. Warrington to provide evidence of a Forensic case focused Psychiatric Sex Offender Risk Assessment Evaluation. The evaluation will be provided by a Board Certified Psychiatrist, approved by the Board and at Dr. Warrington’s expense. The evaluation and evaluator’s report must be completed and received by the Board within three (3) months. Vickie Pullins seconded the motion. Motion carried. OLD BUSINESS Patty Nesbitt updated the Board on the meeting with the Legislative Review committee for the revision of Rules 29-01 & 29-02. All was approved except the committee amended the requirement for SLPA supervision back to the original three (3) SLPAs for one (1) SLP supervisor. Patty Nesbitt presented an update on the current licensee figures. NEW BUSINESS Attendance at the FARB Forum in Clearwater, FL January 28 – 31, 2016 was discussed. The Board will tentatively agree to send 2 people to the Forum. The next meeting was set for January 6, 2016 @ 5:30. Vernon Mullins made a motion to adjourn. Joe Richards seconded the motion. Meeting adjourned at 7:35 PM. Respectfully submitted, Patty Nesbitt, Administrative Services Manager
West Virginia Board of Examiners for Speech-Language Pathology and Audiology
January 6, 2016
Board Meeting
Time: 5:30 PM Location: Video Conference Meeting Board Office 99 Edmiston Way – Suite 214 Buckhannon, WV 26201 Present: Board President, Michael Zagarella Board Secretary, Vickie Pullins Board Member, Vernon Mullins Board Member, Erin Browning Board Member, Joe E. Richards Asst. Attorney General, Greg Foster – attended via telephone Administrative Services Mgr., Patricia Nesbitt – attended in Board Office The meeting was called to order at 5:31 PM by the Board President, Michael Zagarella. The minutes of the November 18, 2015 Board Meeting were read. Vernon Mullins made a motion the minutes be amended to read…Dr. Warrington to provide evidence of a case focused Psychiatric Evaluation. Joe Richards seconded the motion. Motion carried. The financial report for FY ending December 31, 2015 was submitted for review (copy attached). The cash balance as of December 31, 2015 was not available but will be emailed to the Board Members. The PCard purchases were presented for approval. Joe Richards made a motion the financial & PCard reports be accepted as presented. Mike Zagarella seconded the motion. Motion carried. Mike Zagarella made a motion to go into Executive Session at 5:40 PM. Joe Richards seconded the motion. Motion carried. Complaints #43, #44, Dr. Warrington’s legal issue and the Elissa Lindsay case being overturned on appeal were discussed in Executive Session. Joe Richards made a motion to end the Executive Session at 6:31 PM. Vern Mullins seconded the motion. Motion carried. OLD BUSINESS Patty Nesbitt reported 190 applicants and/or licensees have taken the Jurisprudence Exam. The average time participants spent taking the exam is forty (40) minutes over the last thirty (30) day timeframe. NEW BUSINESS There is no new business.
The next meeting will be held on February 17, 2016 @ 6:30PM via video conference. Vickie Pullins made a motion to adjourn. Joe seconded the motion. Meeting adjourned at 6:44 PM. Respectfully submitted, Patricia J. Nesbitt, Administrative Services Manager
West Virginia Board of Examiners for Speech-Language Pathology and Audiology
February 17, 2016
Board Meeting
Time: 6:30 PM Location: Video Conference Meeting Board Office 99 Edmiston Way – Suite 214 Buckhannon, WV 26201 Present: Board President, Michael Zagarella Board Secretary, Vickie Pullins Board Member, Vernon Mullins Board Member, Joe E. Richards Administrative Services Mgr., Patricia Nesbitt – attended in Board Office The meeting was called to order at 6:30 PM by the Board President, Michael Zagarella. The minutes of the January 6, 2016 Board meeting were read. Vickie Pullins made a motion the minutes be approved as read. Joe Richards seconded the motion. Motion carried. The financial report for FY 2016 month ending January, 2016 was submitted for review (copy attached). The cash balance as of January 31, 2016 was $203,680.70. A report with current & year-to-date expenditures and revenues was also presented. (copy attached) The PCard purchases were presented for approval. Joe Richards made a motion the financial & PCard reports be accepted as presented. Vern Mullins seconded the motion. Motion carried. Mike Zagarella made a motion to go into Executive Session at 6:36 PM. Joe Richards seconded the motion. Motion carried. Complaints #44, Dr. Warrington’s legal issue and the possible Elissa Lindsay appeal were discussed in Executive Session. Joe Richards made a motion to end the Executive Session at 7:35 PM. Vern Mullins seconded the motion. Motion carried. The Board voted unanimously for the following disciplinary actions against Dr. Warrington: - One year probation - An adult witness must be in the room when services are provided to anyone under the age of 18 and services
must be documented and submitted to the Board - License renewal must be reviewed by the Board in 2016 - Board notification is required if there is any status change, e.g. allegations The Board voted unanimously for the following disciplinary actions in Case #44 (supervision of unlicensed CF/PPE) – - Letter of reprimand in file – 1 year - No supervision for 1 year
- Training in supervision (board approved) - $1,000 fine
OLD BUSINESS Joe Richards presented a report on the meeting with Delegate Howell, Chair of the House Government Organization Committee, on February 9, 2016. Vickie Pullins and Patty Nesbitt also attended the meeting via conference call. The purpose of the meeting was to discuss the active market participation of the Board members and the US Supreme Court decision in the FTC vs. NC Dental Board case. A decision was made and agreed to by Delegate Howell that the Board of Speech and Audiology has a non-active market participation because Speech Pathology and Audiology are two separate and distinct professions with separate and distinct scopes of practice. Restructuring the Board with additional citizen members will not be necessary, as long as a dual licensee does not serve on the Board. If a Speech Pathology or an Audiology Board member applies for and receives dual licensure, they will be required to resign from the Board. Patty Nesbitt presented a licensure report update. It was as follows: - Audiology licensees 160 - Speech Pathology licensees 868 – 28 Public School SLPs since Aug.1, 2015 - Provisional licensees 32 - SLPA 7 – 5 Public School SLPAs TOTAL 1067 The Board discussed if a Rules changes is required for specific requirements during a Postgraduate Professional Experience. It was decided a Rules change is not required but a Position Statement listing the responsibilities of a supervisor would be very beneficial. The statement should be posted on the website and/or included in a mailing.
NEW BUSINESS Vickie Pullins reported on the FARB conference attended by Vickie & Patty Nesbitt. Transparency, use of personal email for Board business (technology), posting meeting agendas and minutes on the website and many other topics relating to a Consumer Protection Board were discussed at the conference. The WVSHA Conference is April 13 – 16, 2016 at the Conference Center in Bridgeport WV. To become more visible and transparent, a vendor/information table was discussed. The cost is $400. Joe made a motion to have a table at the Conference. Vickie seconded the motion. Motion carried. The WVAA is having a spring conference in Flatwoods, WV on April 29 & 30. Mike will check the cost of a vendor/information table for that conference, as well. The next meeting will be March 23, 2016. Vickie Pullins made a motion to adjourn. Joe Richards seconded the motion. The meeting adjourned at 8:23 PM The next meeting will be held on February 17, 2016 @ 6:30PM via video conference. Vickie Pullins made a motion to adjourn. Joe seconded the motion. Meeting adjourned at 6:44 PM. Respectfully submitted, Patricia J. Nesbitt, Administrative Services Manager
West Virginia Board of Examiners for Speech-Language Pathology and Audiology
March 23, 2016
Board Meeting
Time: 6:30 PM Location: Video Conference Meeting Board Office 99 Edmiston Way – Suite 214 Buckhannon, WV 26201 Present: Board President, Michael Zagarella Board Secretary, Vickie Pullins Board Member, Vernon Mullins Board Member, Erin (Ball) Browning Board Member, Joe E. Richards Asst. Attorney General – Greg Foster via telephone Administrative Services Mgr., Patricia Nesbitt – attended in Board Office The meeting was called to order at 5:38 PM by the Board President, Michael Zagarella. The minutes of the February 17, 2016 Board meeting were read. Vickie Pullins made a motion the minutes be approved as read. Erin Browning (Ball) seconded the motion. Motion carried. The financial report for FY 2016 month ending February, 2016 was submitted for review (copy attached). The cash balance as of February 29, 2016 was $194,195.26. A report with current & year-to-date expenditures and revenues was also presented. (copy attached) The PCard purchases were presented for approval. Joe Richards made a motion the financial & PCard reports be accepted as presented. Erin Browning (Ball) seconded the motion. Motion carried. Greg Foster reported the following: - Dr. Warrington Case has been settled and finalized with a signed Consent Decree.
- Case #40 – Elissa Lindsay – An order from the Circuit Court has not been entered, as of March 23. A status
conference is scheduled for March 30, 2016. Once an order is entered, the Board has 30 days to enter an objection. The Board can then decide if they want to appeal the case to the Supreme Court.
Joe made a motion for an Executive Session at 5:50 pm. Vern seconded the motion. Motion carried. Vickie Pullins was recused from Executive Session for discussion of Case #44 Hearing. Ms. Pullins exited the meeting. Ms. Pullins rejoined the remainder of the Executive Session at 5:59 PM. Joe Richards made a motion to end the Executive Session at 6:06 PM. Vern Mullins seconded the motion. Motion carried.
The WVSHA conference was discussed. The Board brochure will be completed and sent to the Board members for editing by the end of the week. Patty Nesbitt is presenting the licensure portion of the session, “Embarking on Your New Career – Understanding Resources, Licensure and issues impacting the Professions.” Cheris Frailey, ASHA, is the main presenter. The next meeting will be held at the WVSHA conference on Friday, April 15th @ 6 PM. Vern Mullins made a motion to adjourn. Joe Richards seconded the motion. The meeting was adjourned at 6:15 PM. Respectfully submitted, Patricia J. Nesbitt
West Virginia Board of Examiners for Speech-Language Pathology and Audiology
April 15, 2016
Board Meeting
Time: 6:00 PM Location: Video Conference Meeting from WVSHA Conference 300 Conference Center Way Bridgeport, WV 26330 Present: Board President, Michael Zagarella Board Secretary, Vickie Pullins Board Member, Vernon Mullins via Video Conference Board Member, Erin (Ball) Browning via Video Conference Board Member, Joe E. Richards via Video Conference Administrative Services Mgr., Patricia Nesbitt The meeting was called to order at 6:12 PM by the Board President, Michael Zagarella. The minutes of the February 17, 2016 Board meeting were read. There were no objections to the minutes as presented. The financial report for FY 2016 month ending March, 2016 was submitted for review (copy attached). The cash balance as of March 31, 2016 was $189,554.18. A report with current & year-to-date expenditures and revenues was also presented. (copy attached) The PCard purchases were presented for approval. Joe Richards made a motion the PCard reports be accepted as presented. Vern Mullins seconded the motion. Motion carried. Joe Richards made a motion the financial report(s) be accepted as presented. Erin (Ball) Browning seconded the motion. Motion carried. Patty Nesbitt reviewed and explained a $10,000 budget amendment for 2016 that is being processed through the Budget Office. The additional funds are required for the Board to meet its financial obligation through June 30, 2016. The $10,000 increase in funding is based on the legal fees the Board has accrued in FY 2016 for the large increase in complaints. The request will be processed through the Governor’s office for his approval since the legislature is not in session. COMPLAINT UPDATES Greg Foster, Asst. AG, was unable to attend the meeting but submitted information to Patty Nesbitt regarding Complaint#44 and the Elissa Lindsay Appeal updates.
- Complaint #44 hearing is scheduled for May 4. Greg will contact the opposing counsel the week of April 18 to see if they still plan to proceed to the hearing.
- The opposing counsel for the Elissa Lindsay case submitted their proposed order and was received the week of April 4, 2016. Greg filed objections for the record and we now have to wait for the Court to enter a final order. There is no timeframe for the judge to enter the order but Greg will follow up if
nothing is entered after two months. Once the final order is entered, the Board has 30 days to file a notice of appeal to the Supreme Court.
OLD BUSINESS A worksheet for consistency of disciplinary actions/sanctions by the Board for similar or same types of infractions was discussed. Patty Nesbitt will submit a guidelines worksheet to the Board for approval. A Position Statement relating to Supervision of a Postgraduate Professional/Clinical Fellow for publication on the Board website was discussed. The new ASHA Code of Ethics, effective March 1, 2016, as it relates to supervision was also reviewed. The Board’s decision was to revise Legislative Rule 29-05 Code of Ethics. All Board Members will make suggestions of what should be changed and/or added to the Rule by the next Board meeting so the revision can be finalized and submitted by the July 1 deadline. NEW BUSINESS Legislative Update – Patty Nesbitt advised the Board the “bundled bill” which included 29-1 & 29-2 Rules Revisions was vetoed by the Governor. At this point, the only possibility for passage is if the bill is on the agenda for the special session in May. CAOHC trainer licensure question – The Board Office, as well as Mike Zagarella & Vern Mullins, had received phone calls from a CAOHC trainer asking whether or not licensure was a requirement. After a discussion and referencing WV Code 30-32 exemptions, it was decided a license is not required. Patty Nesbitt and Vickie Pullins gave the Board a brief update on the overall outcome of the Board’s presence at the WVSHA conference, as well as, Vickie’s 2 hour Ethics Training session on Thursday evening. The feedback at this point has been very positive. The meeting was adjourned at 7:22 PM Respectfully submitted, Patty Nesbitt, Administrative Services Manager
West Virginia Board of Examiners for Speech-Language Pathology and Audiology
May 18, 2016
Board Meeting
Time: 6:00 PM Location: Video Conference Meeting from WVSHA Conference 300 Conference Center Way Bridgeport, WV 26330 Present: Board President, Michael Zagarella via Video Conference Board Secretary, Vickie Pullins via Video Conference Board Member, Vernon Mullins via Video Conference Board Member, Erin (Ball) Browning via Video Conference Board Member, Joe E. Richards via Video Conference Assistant Attorney General, Greg Foster Video Conference Administrative Services Mgr., Patricia Nesbitt at Board Office The meeting was called to order at 5:35 PM by the Board President, Michael Zagarella. The minutes of the April 15, 2016 Board meeting were read. There were no objections to the minutes as presented. The financial report for FY 2016 month ending April, 2016 was submitted for review (copy attached). The cash balance as of April 30, 2016 was $179,723.57. A report with current & year-to-date expenditures and revenues was also presented. (copy attached) The Budget Control Report disclosing the approved $10,000 amendment was also presented. The amendment increased the FY 2016 budget to $148,813. The PCard purchases were presented for approval. Joe Richards made a motion the PCard reports be accepted as presented. Vern Mullins seconded the motion. Motion carried. Joe Richards made a motion the financial report(s) be accepted as presented. Erin (Ball) Browning seconded the motion. Motion carried. COMPLAINT UPDATES Greg Foster, Assistant Attorney General discussed and updated the Board on the Complaint #44 hearing held at the Board Office on May 4. The transcripts should be available within 2 weeks. He will submit the Complainant’s Proposed Findings of Fact and Conclusions of Law to the ALJ after receipt of the transcripts. The opposing attorney will submit as well to the ALJ. The Administrative Law Judge’s decision with a recommendation will follow within the allotted timeframe. There is nothing to report on the Elissa Lindsay Appeal. The final order has not been entered by the court. Once that is finalized, the Board can then decide if they want to appeal to the WV Supreme Court. Case #47 – The notification of the complaint filed with the Board was sent to the Respondent. The Respondent has 30 days to respond. Once the response is received, the Board can discuss how to proceed.
Case #46 – The complaint was received by the Board Office today, May 18. The notification of the complaint filed will be sent to the Respondent and acknowledged to the Complainant. Once the response is received, the Board can decide how to proceed.
OLD BUSINESS A guidelines document for sanctions submitted to the Board was discussed. Based on legal advice from Greg Foster, Asst. Attorney General, any official Board document regarding sanctions assessed should be included in the Legislative Rules. Since the Board is required to retain a Complaint Log with specific violation and sanction(s) information, it was decided a worksheet is not necessary. For consistency, the Administrative Services Manager will summarize complaint information for the Board and include sanction information for past similar complaints so the Board can decide what sanctions should be applied. The revision of Legislative Rule 29-05 Code of Ethics was tabled until the June meeting. Patty Nesbitt reported the Budget Amendment for $10,000 was approved by the Governor on April 28, 2016. NEW BUSINESS Vickie Pullins discussed revising the WV requirements for more supervisor accountability during a Provisional Licensee’s PPE/CFY. The WV Board currently has no way of documenting direct and indirect supervision. Patty Nesbitt will email copies of the Ohio Board’s PPE supervision paperwork to the Board members for further discussion at the June meeting. The next meeting will be June 22, 2016 at 5:30 PM. Vickie Pullins made a motion to adjourn. Vern Mullins seconded the motion. The meeting was adjourned at 6:49 PM Respectfully submitted, Patty Nesbitt, Administrative Services Manager
West Virginia Board of Examiners for Speech-Language Pathology and Audiology
June 22, 2016
Board Meeting
Time: 5:30 PM Location: Video Conference Meeting Board Office 99 Edmiston Way – Suite 214 Buckhannon, WV 26201 Present: Board President, Michael Zagarella Board Secretary, Vickie Pullins Board Member, Vernon Mullins Board Member, Erin (Ball) Browning Board Member, Joe E. Richards Asst. Attorney General – Greg Foster via telephone Administrative Services Mgr., Patricia Nesbitt – attended in Board Office The meeting was called to order at 5:38 PM by the Board President, Michael Zagarella. The minutes of the May 18, 2016 Board meeting were read. The minutes were accepted as presented. The financial report for FY 2016 month ending May, 2016 was submitted for review (copy attached). The cash balance as of May 31, 2016 was $169,654.87. A report with current & year-to-date expenditures and revenues was also presented. (copy attached) The uncommitted FY 2016 Budget balance is $26,310.89 inclusive of the $10,000 amendment approved the end of April, 2016 by the Governor. The PCard purchases were presented for approval. Joe Richards made a motion the financial & PCard reports be accepted as presented. Vern Mullins seconded the motion. Motion carried. COMPLAINTS UPDATE Greg Foster reported the following: - Complaint #44 – Proposed orders are due by June 24th. The Board proposed order is very near completion.
Once the orders are submitted, the Board will wait for the ALJ’s recommendation decision. Once the ALJ’s decision, is received, the Board will decide what, if any, the next step will be.
- Case #40 – Elissa Lindsay – A final order from the Circuit Court has not been entered. Greg will send a letter
to the court to hopefully, urge entering of the final order.
Joe Richards made a motion to go into Executive Session at 5:41 PM to discuss Complaint #46 & #47. Mike Zagarella seconded the motion. Motion carried. Vern Mullins made a motion to end the Executive Session @ 6:17 PM. Joe seconded the motion. Motion carried. OLD BUSINESS
The revision of §29-5 Code of Ethics was discussed. The revision was tabled until January of 2017 for submission for approval at the 2017 legislative session. Patty Nesbitt provided an update on the reports of unlicensed practice relating to Complaint #43 & #44 submitted to Highmark, Medicaid, TriCare, etc. NEW BUSINESS Revision of §29-1, specific to the Postgraduate Professional Experience supervision requirements was discussed. Vickie Pullins made a motion to proceed to develop a revision for submission for approval in the next legislative session. Erin Browning (Ball) seconded the motion. Motion carried. Vickie Pullins made a motion to adjourn at 6:32PM. Joe Richards seconded the motion. Motion carried. Respectfully submitted, Patricia J. Nesbitt