nashville, tennessee - tn.gov · sandra powell, administrative director teresa phillips, nurse...

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Tennessee Board of Nursing

665 Mainstream Drive

Iris and Poplar Rooms

Nashville, Tennessee

MINUTES

November 17 and 18, 2017

Call to Order of Panel 1

Brent Earwood, Chair, called the panel to order at 8:15 a.m. in the Poplar Room.

Roll Call and Quorum

Board members introduced themselves:

Present: Brent Earwood, APRN - Chair; Lee Ann Stearnes, APRN; Janell Cecil, RN.

Staff Present

Elizabeth Lund, Executive Director; Diana Merickle, Administrative Assistant; Sherry

Richardson, Nurse Consultant;

Mary Katherine Bratton, Chief Deputy General Counsel

A quorum was present. Administrative Law Judge Wilson presided.

Christina K. Collins

1648 Nicholas View Lane

Knoxville, TN 37931

Represented by

Eric VinSant

RN 132524

APRN

12828

Coffman/

Bratton,

State’s

Attorney

Ms. Collins was present and

represented by Attorney Eric VinSant.

The hearing reconvened following

recess October 6, 2017 at 2:35 p.m.

Recessed at 5:30 p.m.

Call to Order of Panel 2

Juanita Turnipseed- Vice-chair called the meeting to order at 8:30 a.m. in the Iris Room.


Ms. Phillips called roll.

Present: Juanita Turnipseed, APRN; Leslie Akins, APRN; Amber Wyatt, APRN; Samuel

Alston, LPN; Donald Lee Mills, public member

A quorum was present.

Welcome and Introduction of Guests

2

Ms. Turnipseed welcomed the Board members and guests in the audience and called for

self-introductions. Students representing Belmont and Tennessee College of Applied

Technology Dickson and other not choosing to be introduced were present.

Introduction of Staff

Elizabeth Lund, Executive Director and Mark Waters, Deputy General Counsel

introduced staff.

Board staff:

Sandra Powell, Administrative Director

Teresa Phillips, Nurse Consultant

Donna Kirkland, Nurse Consultant

Legal staff:

Mark Cole, Assistant General Counsel

Stefan Cange, Assistant General Counsel

Neil Stauffer, Assistant General Counsel

Nathanial Flinchbaugh, Assistant General Counsel

Eric Winters – Legal Assistant

Ashley Fine – Legal Assistant

Call the Docket

Mr. Mark Waters called the docket.

Disciplinary Business

Panel 2 – Juanita Turnipseed chair; Amber Wyatt, Leslie Akins, Samuel Alston, Donald

Lee Mills

A quorum was present. Administrative Law Judge Pogue presided.

Cindy J. Lovins

126 Nean Lane

Maryville, TN 37804

RN 193873 Stauffer,

State’s

Attorney

Ms. Lovins was not present and not

represented by counsel. Following

proof of service Judge Pogue

determined all reasonable attempts

for proof of service and notice. Mr.

Stauffer moved to proceed in default.

Ms. Akins moved to proceed in

default; Mr. Mills seconded, motion

carried. Ms. Akins moved to adjourn

the case to resume later today or

tomorrow. Mr. Mills seconded;

motion carried.

Following testimony and presentation

3

of proof, Mr. Mills moved to accept

the findings of fact as listed in the

proposed final order 1 and 2 true as

written. Ms. Turnipseed seconded

and motion carried.

Ms. Akins moved to accept the

conclusions of law contained in the

state’s proposed order. This finds

that respondent’s acts and conduct

violated TCA 63-7-115 (a) (1) (F).

Mr. Alston seconded; motion carried.

Mr. Mills moved to revoke RN

license and assess one (1) Type B

Civil Penalty in the amount of five

hundred dollars ($750) and assess

costs not to exceed five thousand

dollars ($5,000). Ms. Akins seconded

and motion carried.

Ms. Turnipseed read the policy

statement of the board to protect the

health, safety and welfare of the

citizens of Tennessee. The Board

finds the appropriate action taken;

motion carried.

Melissa Thacker Blair

102 Maple Avenue East

Big Stone Gap, Virginia

24219

212 Gilley Ave

Big Stone Gap Virginia

24219

VA RN

0001191537

Stauffer,

State’s

Attorney

Ms. Blair was not present and not





Stauffer moved to proceed in default.



carried. Mr. Mills moved to adjourn


tomorrow. Ms. Adkin seconded;

motion carried.




proposed final order 1 – 4 true as

written. Ms. Wyatt seconded and

4

motion carried.

Mr. Mills moved to accept the


state’s proposed order. Ms. Akins

seconded; motion carried.

Mr. Mills moved to revoke the

privilege to practice in Tennessee

Civil Penalties in the total amount of

fifteen hundred dollars ($1500) and

assess costs not to exceed five

thousand dollars ($5,000). Ms. Akins

seconded and motion carried.






motion carried.

Marlon Charles

1360 SW 55th

Ave

Plantation, FL 33317

RN 186736 Cange,

State’s

Attorney

Mr. Charles was not present and not



determined proof of service provide

was insufficient to proceed and

denied Mr. Cange’s motion to

proceed. Judge Pogue granted a

continuance in this case.

Crystal Hylton

121 Gray Knob Rd. Lot

16

Kingston, TN 37763

LPN 80831 Cange,

State’s

Attorney

Mr. Charles was not present and not



determined proof of service provided

was insufficient to proceed and

denied Mr. Cange’s motion to

proceed. Judge Pogue granted a

continuance in this case.

Toni Miller

4833 Applestone St.

Memphis, TN 38109

RN 150870 Cange,

State’s

Attorney

Ms. Miller was not present and not




for proof of service and notice were

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met. Mr. Cange moved to proceed in

default. Ms. Turnipseed asked for

motion to proceed in default and

adjourn until a later time; Ms. Akins

so moved; Mr. Mills seconded,

motion carried.


of proof, Ms. Wyatt moved to accept


proposed final order 1 -8 true as

written. Mr. Alston seconded and

motion carried.



state’s proposed order. This finds

that respondent’s acts and conduct

violated TCA 63-7-115 (a) (1) (F).

Mr. Alston seconded; motion carried.

Mr. Mills moved to revoke RN

license and assess one (1) Type A

civil penalty in the amount of one

thousand dollars ($1,000) and assess

costs not to exceed five thousand

dollars ($5,000). Ms. Wyatt

seconded and motion carried.






motion carried.

Domonique Taylor

1000 Houston Birch Dr.

Cordova, TN 38016

2390 Oaksprings Dr.

Cordova, TN 38016

RN 151576 Cange,

State’s

Attorney

Ms. Taylor was not present and not





Cange moved to proceed in default.



carried. Mr. Mills moved to adjourn


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tomorrow. Ms. Adkin seconded;

motion carried. Mr. Cange moved to

continue due to filing error, Judge

Pogue granted continuance until

2/14/2018.

Cassandra Woodley

7066 East Holmes Rd

Memphis, TN 38125

RN 98316 Cole, State’s

Attorney

Ms. Woodley was present, not

represented by counsel. Ms. Woodley

moved to continue this case. Judge

Pogue granted continuance to

2/14/2018.

Stacey Williams

170 Honeysuckle Lane

Rd.

Bethpage, TN 37022

LPN 69651 Cole, State’s

Attorney

Ms. Williams was not present and not

represented by counsel. Mr. Cole

moved to continue due to request

very early this morning by the

Respondent. Judge Pogue granted

continuance until 2/14/2018.

Tacaweta Burton

9400 Goodman Rd 25G

Olive Branch, MS 38654

Mississippi

LPN 319348

Flinchbaugh,

State’s

Attorney

Ms. Burton was not present and not

represented by counsel. Mr.

Flinchbaugh moved to proceed in

default. Following presentation of

proof of service, Judge Pogue

determined evidence was sufficient

for proof of service and able to

proceed in default. Ms. Turnipseed

asked for motion to proceed in default

and adjourn until a later time; Ms.

Akins so moved; Mr. Mills seconded,

motion carried.




proposed final order 1 - 7 true as

written. Ms. Akins seconded and

motion carried.



state’s proposed order. Mr. Alston


Ms. Akins moved to revoke the

privilege to practice as a practical

nurse and assess costs not to exceed

one thousand dollars ($1,000). Mr.

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Alston seconded and motion carried.






motion carried.

Steven Spears

701 Marlin Lane

Clinton, TN 37716

LPN 75804 Tippens,

State’s

Attorney

Mr. Spears was not present and not

represented by counsel. Ms. Tippens

moved to proceed in default.

Following presentation of proof of

service, Judge Pogue determined

evidence was sufficient for

proceeding in default. Ms. Akins

moved to proceed in default and

adjourn until a later time. Mr. Mills





proposed final order1-11 true as

written. Ms. Akins seconded; motion

carried.

Mr. Mills moved to find that

respondent’s acts and conduct

violated TCA 63-7-115 (a) (1) (C) (F)

and rule 1000-02.13 (1) Mr. Alston


Ms. Akins moved to revoke LPN

license, assess five (5) Type A Civil

Penalties in the amount of one

thousand dollars ($1,000) each, for a

total of five thousand dollars ($5,000)

and assessed costs not to exceed five

thousand dollars ($5,000). Ms.

Turnipseed seconded; motion carried.




citizens of Tennessee as written in the

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proposed final order. The Board finds

the appropriate action taken; motion

carried.

Brandy M. Burchell

Knoxville, TN 37922

RN132521

APRN

12829

Coffman,

State’s

Attorney

Ms. Burchell was present and not

represented by counsel. Judge Pogue

asked Ms. Burchell if she was aware

she may be afforded the opportunity

to obtain counsel if she chose and did

she wish to proceed without counsel.

Ms. Burchell stated she wished to

proceed without counsel.


of proof, Ms. Akins moved to accept

findings of fact 1-16, striking #14 in

the proposed final order as true. Ms.

Wyatt seconded; motion carried.

Mr. Mills moved to accept

conclusions of law as written in the

final order. Mr. Alston seconded;

motion carried.

Ms. Akins moved to revoke the

APRN certificate and RN license on

probation for 2 years. Respondent

ordered to complete 30 hours of CE

and CP totaling $13,000. Respondent

will not be allowed to reinstate APRN

certificate for a minimum of two

years. Mr. Mills seconded; motion

carried.


statement of the duty of the board to

protect the public and appropriate

action was taken in the case. Mr.

Mills moved to accept the policy as

stated; Ms. Akins seconded; motion

carried.

Paul M. Barrineau

201 County Road 613

Athens, TN 37303

Represented by Rob

McKinney

APRN

12468

RN 137418

Waters,

State’s

Attorney

Board members requested a

continuance. Judge Pogue granted

continuance to February 14, 2018.

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Prianglam Brooks

125 Idlewild St.

Jackson, TN 38301

APRN

12468

RN 137418

Cange,

State’s

Attorney

Mr. Cange moved to continue the

case. Judge Pogue granted

continuance to tentative date in

January or February 14, 2018.

Agreed/Consent Orders – Panel 1

Nathaniel Flinchbaugh

Jeannie Watkins-Dalson LPN 82284 Ms. Stearnes moved to accept the

consent order of probation with

voided MSL and CEs. Seconded by

Mr. Earwood; motion carried.

Tonia Suttles APRN 20229

RN 132561

Mr. Earwood moved to accept the

consent order of voluntary

surrender. Seconded by Ms. Cecil;

motion carried.

Shelby Land LPN 80960 Ms. Stearnes moved to accept the

consent order of standard TnPAP.

Seconded by Mr. Earwood; motion

carried.

Candace Lurry LPN 65849 Mr. Earwood moved to accept the


terms. Seconded by Ms. Cecil;

motion carried.

Jennifer Stephens RN 150402 Mr. Earwood moved to accept the


surrender. Seconded by Ms.

Stearnes; motion carried.

Stefan Cange

Jeffery Gobell RN 183073 Mr. Earwood moved to accept the


Seconded by Ms. Stearnes; motion

carried.

Erin McKeon Gorman RN 192811 Mr. Earwood moved to accept the

consent order of revocation of PTP

and suspension of RN license.

Seconded by Ms. Cecil; motion

carried.

Toni Wilson LPN 68493 Ms. Cecil moved to accept the



carried.

Elizabeth Mathes RN 171296 Ms. Stearnes moved to accept the

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consent order of reprimand.


carried.

Ashley Fine

Sharon B. Throop LPN 63100 Ms. Stearnes moved to accept the



carried.

Kimberly Schmid RN 173743 Mr. Earwood moved to accept the

agreed order probation with

continuing education. Seconded by

Ms. Cecil; motion carried.

Mark Cole

Kristen Armstrong RN 159140 Ms. Cecil moved to accept the

consent order of reprimand.


carried.

Rebecca Shadrick LPN 76163 Ms. Stearnes moved to accept the



carried.

Byron Turnbow RN 169301 Mr. Earwood moved to accept the

agreed order of standard TnPAP.


carried.

Tonya Webb LPN 64683 Ms. Cecil moved to accept the


surrender. Seconded by Ms.

Stearnes; motion carried.

Tracy Alcock

Marjorie Pickel APRN 7782

RN 120270



terms on APRN certificate, RN

multistate privilege voided.


carried.

Jill Lorge APRN 12618 Mr. Earwood moved to accept the

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RN 138397 consent order of probation with

terms on APRN certificate, RN

multistate privilege voided.


carried.

Cynthia Dawn Payne-Smith APRN 8454

RN 142885


consent order of 2 year probation of

APRN and RN licenses, voided

MSL, continuing education, limits

on prescribing, and costs. Seconded

by Ms. Stearnes; motion carried.

Julie A. Bliss APRN 12123

RN 104141


agreed order of 2 year probation of

APRN and RN licenses, voided

MSL, continuing education, limits

on prescribing, civil penalties and

costs. Seconded by Ms. Cecil;

motion carried.

Neil Stauffer

Jalessa Mason LPN 76949 Mr. Earwood moved to accept the

consent order reprimand with civil

penalties and costs. Seconded by

Ms. Stearnes; motion carried.

Mark Waters

Christopher Adcock APRN 20134

RN 174045




carried.

Agreed/Consent Orders – Panel 2

Andrew Coffman

Teodora Neagu APRN 12684

RN 151980


agreed order of probation for five

years with $1000 civil penalty and

costs not to exceed $8000. Mr.

Alston seconded; motion carried.

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Recess – 6:50 p.m.

Reconvene – 8:30 a.m. Friday November 17, 2017


Ms. Sandra Powell called roll.

Present: Brent Earwood, APRN; Juanita Turnipseed, APRN; Leslie Akins, APRN (arrived at

8:45); Amber Wyatt, APRN; Samuel Alston, LPN; Donald Lee Mills, public member; Lee Ann

Stearnes, APRN; Janelle Cecil, RN

A quorum was present.

Welcome and Introduction of Guests:

Mr. Earwood welcomed the Board members and guests in the audience and called for self-

introductions. Guests: students from Belmont University

Staff introduced by Ms. Lund.

Sherry Richardson, Nurse Consultant; Teresa Phillips, Nurse Consultant; Donna Kirkland, Nurse

Consultant; Sandra Powell, Administrative Director

Mr. Waters. Deputy General Counsel; Stephan Cange, Assistant General Counsel

Ms. Lund welcomed new board members: Amber Wyatt and Samuel Alston and announced that

Ms. Stearnes term has expired and will serve until her successor has been appointed.

Approve August 23-25 and October 5-6, 2017 Board Meeting Minutes

Ms. Cecil moved to approve minutes, seconded by Mr. Mills; motion carried.

Year-End FY17 Finance Report presented by Ms. Noranda French

Provided a PowerPoint presentation and responded to board questions

Total Expenditures $5,950,609.79

Board Fee Revenue $7,515,273.76

Current Year Net $1,564,663.97

School Hearings—Ms. Richardson, PHNC2

Herzing University – Menomonee Falls, WI - Request initial approval of online RN-

BSN program and MSN programs to include a family Nurse Practitioner track and

Nurse Educator track, as well as a Post Master’s Certificate with FNP track.

Presenting information: Dr. Patricia Wagner, Nursing Department Chair. Following

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Dr. Wagner’s’ presentation, Mr. Earwood made a motion to grant initial approval of

online RN-BSN program and MSN programs to include a family Nurse Practitioner

track and Nurse Educator track, as well as a Post Master’s Certificate with FNP track.

Ms. Stearnes seconded; motion carried.

Overprescribing Team Report: Linda Johnson, APRN: focus of community prevention

Rendy Murphy added to team

New strategic map: Prevention thorough Education, Wise Data collection and Us;

Regulation and Enforcement; Partnerships

Educate the public and prescribers

Data - EMS and ER

Syringe services

Becky Conthran – intake for overprescribing complaints

1 year – 96 % of P1; 63% decrease of P2

MME of top prescribers 1 billion

Top MME prescriber 38 mil, 12 mil of top 50 prescribers in 2016

TN Victory – 2 years in the making, blog for the community, medical providers and

first responders, schools can access

VR game – almost ready

Public Chapter 1033 – must have medical director that holds the license that is a pain

specialist – as of July 2017 have 179 clinics down from 333

Symposia – CSMD, Substance Abuse, SBIRT, CPG, TBI: Dr. Baron has joined to do

substance abuse

Dashboard: multiple Practitioners > 5, multiple dispenser> 5, Practitioners = 4,

Dispensers = 4; MME >120 and those 90-120

Addictive Process and the brain Basal Ganglia, Prefrontal Cortex, Extend amygdala –

show PET scan, 10 days off, 100 days abstinent

5% + need referral to treatment – from SBIRT screening

2016 OD – 1631 – increasing with Opioids still the #1 reason but Fentanyl and

Heroin increasing

In the ODs 53% did not have prescriptions in CSMD

NAS 1066 in 2016 – plateauing

2017 – 67 OD – 10% mono product Buprenorphine Guidelines

Consent Agenda:

• School Announcements

• School Survey Visit(s)

14

• Strategic Plan Current Activities

• OGC report

• Finance report

• TnPAP report

• Investigations/Disciplinary Coordinator’s report

Mr. Mills moved and seconded by Mr. Alston to adopt the consent agenda items and reports.

Motion carried. A comment was made that CRNAs that complete TnPAP cannot get jobs in TN.

Discuss/Approve Travel –

Compact Meeting January 4, 2018 – Lund/Waters

FARB Forum, Coronado, CA – January 25-28, 2018 (Juanita) – 4 representatives

NCSBN Standards Committee – February 2018 – Ms. Lund

eNLC Commissions Meeting and NCSBN Mid-year Meeting – March 5-8, 2018,

Chicago, IL – 6 representatives

National Drug Abuse Summit – Atlanta, GA – April 2-5, 2018 – Linda Johnson

APRN Roundtable – Rosemont, IL – April 2018 – (Leslie Akins) – 4 representatives

NCSBN Executive Officer’s Summit—Kohler, IL—June 2018 – Ms. Lund

Ms. Turnipseed moved to approve the travel and number of attendees as discussed to attend. Mr.

Earwood seconded; motion carried.

Vote to Approve Medication Aide Examination and Discuss Medication Aide Program

Implementation – Ms. Richardson, PHNC2 presented information and options for medication

aide testing. Ms. Akins moved to require both knowledge and skills testing for medication aide

certification, Ms. Stearnes seconded: motion carried.

Consider Vote to Approve Application Review Committee Recommendations – Ms. Turnipseed,

APRN, Vice Chair and Mr. Mark Waters, Deputy General Counsel

11/17/2017 Summary ARC

Recommendation

Board Decision

Melanie

Farmer

16340

Travertine

Drive

Athens, AL

Crime – on probation for

24 months from 6/1/2017

for Forgery in the 4th

degree.

6/1/2017 – plea agreement

Deny the RN

reinstatement

application due to

crime.

This

Mr. Earwood moved to

accept the

recommendation of ARC

as stated. Ms. Akins

seconded; motion

carried.

15

35613

RN 181319

TN 4/27/2011

to 9/8/2014

AL 8/30/2007

to 12/31/2016

– no

encumbrance

history

Minnesota

5/17/2010 to

7/31/2012

District of

Columbia

6/2/2010 to

6/30/2012

California

6/3/2010 to

8/31/2019

Maine

11/19/2010 to

7/18/2012

AR 1/23/2014

to 7/31/2014

NV temp

6/1/2017 to

12/1/2017

Virginia

1/6/2015 to

7/31/2016

RN

Reinstatement

for forgery 4th

degree, we

do not have the certified

copies of warrant,

judgment and release

from judgment. According

to Ms. Farmer’s letter, she

placed the District

Attorney’s letterhead on a

document she submitted to

a recruiter for a job.

Note: phoned after receiving

ARC recommendation.

States she did not receive

invitation to appear in

adequate time due to travel

nursing assignment

responsibilities out of state

recommendation

is pursuant to

Tennessee Code

Annotated 63-7-

115 (a)(1)(B).

Diane Sangster

759 Madison

Crime

Deny the LPN

exam application

Ms. Turnipseed moved

to defer the

16

Avenue

Brownsville,

TN 38012

DOB

10/23/1968

LPN Exam

applicant

8/30/2002 – two counts

misdemeanor child abuse

and one count of child

abuse inflict injury class D

felony reduced from

Aggravated Child Abuse

Documents show injury to

child’s nose, taken by

ambulance from school to

health care provider.

Injuries to children in

multiple stages of healing.

The children were taken

from the home and never

returned to the parents.

due to crime.

This

recommendation

is pursuant to

Tennessee Code

Annotated 63-7-

115 (a)(1)(B).

recommendation of ARC

until TnPAP evaluation

obtained by applicant.

Mr. Earwood seconded;

motion carried.

Board orders: Mark Waters presenting

Barry Buttrey

2435

Thompson Ln

NW

Cleveland, TN

37311

Grad of

Cleveland

State 5/6/2017

RN exam Grant application

with board order


to license per

conditions/stipulations of

board order. Mr.

Earwood seconded;

motion carried.

James Jones

1812 Mars St

LaVergne, TN

37086

RN 61251

TN RN

8/29/1983 to

8/31/2017

RN renewal Grant application

with board order

Ms. Stearnes moved to

license per


board order. Ms.

Turnipseed seconded;

motion carried.

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(extended to

12/31/2017)

FL RN

8/5/1985 to

4/30/1997

KY RN

8/6/1991 to

10/31/2006

NC 8/23/1991

to 8/31/2004

Tracy Poole

3816 Country

Park Lane

Murfreesboro,

TN 37128

RN 153241

TN RN

2/23/2006 to

8/31/2016

RN reinstatement

Grant application

with board order


to license per


board order. Mr.

Earwood seconded;

motion carried.

Jennifer

Johnson

3909 Alameda

St, Apt 2

Nashville, TN

37209

RN 120525

TN RN

6/25/1998 to

6/30/2009 –

revoked

9/4/2008

RN Reinstatement Grant application

with board order

Mr. Earwood moved to

license per


board order. Ms.

Turnipseed seconded;

motion carried.

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Sunset Audit Update—Ms. Lund reported on the Sunset Audit Report and Recommendations.

After discussion, Mr. Earwood made a motion to continue to use Nursys® for obtaining

background information on applicants and to allow the use of NPDB reports as appropriate if

there is a determined need. Ms. Turnipseed seconded the motion. Motion carried.

Discuss eNLC Implementation – Ms. Lund provided an oral report:

Implementation January 19, 2018

IT changes on track

Staff training conducted and continuous

Applications modified to capture the uniform licensing requirements (ULRs)

Rulemaking hearing December 8, 2017—posted on internet and available for comments

Notification letter mailed to employers and licensees (2.4 million US)

www.nursecompact.com

Strategic Planning: Discussed results of stakeholder survey.

Debrief/Open Discussion/Other Business—Deferred debrief; no other business

Adjourn

There being no other business, the meeting of the Tennessee Board of Nursing adjourned at 4:33

p.m., with the next board meeting scheduled February 14-15, 2018.

http://www.nursecompact.com/