Tennessee Medical Laboratory Board Meeting October 16 .

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Tennessee Medical Laboratory Board MeetingOctober 16, 2014MinutesDate:October 16, 2014Time09:00AM CST/CDTLocation:Tennessee Department of HealthDivision of Health Licensure and RegulationMetro Center Complex, Iris Room, Ground Floor665 Mainstream DriveNashville, TN 37243Members Present:Stephanie Dolsen, Medical Technologist, Supervisor, Vice ChairKathleen Kenwright, Medical Technologist, EducatorPatti J. Walton, Hospital/Lab Manager/Adm. Dir.Jason S. Nolan, MD, Pathologist Non EducatorCarla M. Davis, MD, PathologistRoyce Joyner, MD, Pathologist EducatorTereyo M. Cox, Medical Technologist, GeneralJerry Lee Miller, MD Non-Pathologist PhysicianMark A. Calarco, DO Independent Lab Manager/AdministratorMembers Absent:Cheryl Arnott, S.A.-Cytotechnologist, ChairmanVACANT: Citizen RepresentativeVACANT: Hospital AdministratorVACANT: Medical Technologist GeneralistStaff Present:Lynda S. England, Medical Technologist Consultant, Director, TMLBJerry A. Gowen, Medical Technologist ConsultantMollie Gass, Advisory Attorney, Office of General CounselJulia Daniels, Medical Technologist Consultant/ Surveyor, EastTennessee Regional OfficeTaylor Carpenter, Medical Technologist Consultant/Surveyor, EastTennessee Regional OfficeRichard Carroll, Medical Technologist Consultant/Surveyor, MiddleTennessee Regional OfficeMary Hamblen, Medical Technologist Consultant/Surveyor, WestTennessee Regional OfficeStaff Absent:Onezean Otey, Jr., Medical Technologist Consultant/Surveyor,Middle Tennessee Regional OfficeKaron Hathcoat, Medical Technologist Consultant/ Surveyor, WestTennessee Regional OfficeCLIA Manager/Representative:Sandra Bogard, CLIA ManagerPresiding Officer:Stephanie Dolsen, Medical Technologist, Supervisor, Vice ChairCall To Order:The meeting was called to order at 9:00 AM CST/CDT by StephanieDolsen, Medical Technologist, Supervisor, Vice ChairPage 1 of 13

Introductions of Board Members:The Board and staff made their introductions to the public inattendance.Quorum:Seven members of the Board constitute a quorum. A sufficientnumber of Board members were present establishing a quorum ofthe Board.Approve Minutes:P & E CommitteeMeetingA motion to approve the July 17, 2014, Personnel & EducationCommittee minutes was made by: Dr. JoynerSecond: Ms. KenwrightMotion approvedFull Board MeetingA motion to approve the July 18, 2014, Board meeting minuteswas made by: Dr. MillerSecond: Dr. NolanMotion approvedBoard Reports:Ratification of Initial Determinationsof the P&E Committee Meeting:Ms. Kenwright reported the actions of the Board’s Personnel &Education Committee meeting, October 15, 2014.Motion to ratify: Ms. WaltonSecond: Dr. CalarcoThe actions of the Board’s P&E Committee were ratified aspresented.No Contested Cases were presented.Contested CasesConsent, Agreed, Compliance Orders& Letters of ReprimandConsent OrdersJeff C. Wagner, Medical Technologist - GeneralMadison, TNLicense #21165Violation of Continuing Education RequirementsLicense reprimanded, Must complete all delinquent continuingeducation and any other continuing education required by policydue to the delinquency, must pay actual and reasonable costs ofprosecuting the case which is due within six (6) months from theissuance of the Assessment of CostsMotion to accept Consent Order: Ms. KenwrightSecond: Dr. JoynerConsent order accepted by the BoardAgreed OrdersNo Agreed Orders were presentedPage 2 of 13

Compliance OrdersNo Orders of Compliance were presentedLetters ofReprimandNo Letters of Reprimand were presentedPresentations to the Board:Tennessee ProfessionalPeer Assistance Program(TNPAP):Mr. Mike Harkreader, Executive Director of TnPAP presented theTNPap Report.For the period July 1, 2013, through June 30, 2014, there was one(2) individuals being monitored. There were four (4) referrals, one(1) from an employer, two (2) referrals from the TDOH and one (1)self referral. The reasons for these referrals were due to anarrest/conviction or from a workplace positive UDS . Oneindividual declined services (TDOH Notified), One was evaluatedand declined recommendations (TDOH Notified), One and wasevaluated and monitoring was not recommended, and the otherwas in monitoring noncompliance (TDOH Notified). Thosedeclining services or recommendations were reported to theTennessee Department of Health, as indicated.Move to accept the TnPAP report as presented: Dr. DavisSecond: Ms. KenwrightReport accepted.Note: Review of TNPAP materials via internet counts as clock hours towardcontinuing education credits. A certificate of completion documenting reviewof these materials can be completed at the end of the internet session. Internet site:www.TNPAP.orgFinancial ReportVanessa CrutcherDiscussionNo Report. The year-end statistics have not been released.(Ms. England, having made the financial report asked the chair to allow theDirector’s report, Tab S, to be given at this time. The chair recognized Ms. Englandto give the Director’s report)Board Director’s ReportMs. England gave a verbal report from the Director’s Office. Ms.England also imparted information learned regarding the Ebolaguidelines from a phone meeting with Commissioner Dreyzehner.Presently, there are no confirmed cases of Ebola Virus inTennessee. General guidelines are the Central Point of Contact isthe Tennessee Department of Health. Follow best practicesguidelines and sentinel events protocol. Utilize PPE and use itcorrectly. Not using PPE is to be treated as a violation oflaboratory practice and is to be addressed aggressively by thelaboratory administration as well as the Medical Laboratory Board.Have POC needs addressed for Ebola before the need presentsitself. Other information was given as far as presentation in theEmergency Department, symptomology and handling of thepatient, but this was general information and not necessarilypertinent to medical laboratory practice or intervention. A webnarPage 3 of 13

to be conducted the next day was announced for those interestedand in attendance. It is up to medical professionals to provide andact from factual information. There is no place for rumor, panic orother non-factual information or actions. Any direct testing of theEbola Virus must be directed and approved by the TDOH and CDC.Motion to accept Director’s Report: Ms. KenwrightSecond: Dr. NolanReport accepted.(Copy of report is on file in the Administrative Office)(The chair resumed the correct agenda order)Ratifications: The following itemswere presented to board membersfor ratification per staff, state surveyor orfacility request:Exemptions for point of caretesting procedures (POCT) in alicensed Facility1:Roane Medical Center8045 Roane Med Ctr. Dr.Harriman, TN 37748Requests a new exemption to allow Cardiac Catheterization LabRegistered Nurses to perform and report ACT levels using theAbbott I-Stat with an ACT Celite Cartridge in the CardiacCatheterization Laboratory.Motion to approve exemption: Ms. WaltonSecond: Dr. JoynerExemption approved2:Jackson Madison County (1) Exemption to allow State Licensed Perfusionist to perform andreport heparin assays and heparin dose response assays, utilizingGeneral Hospitalthe Medtronic Hemostasis Management Plus Instrumentation,Jackson, TN 38301facility wide.Motion to approve exemption: Dr. MillerSecond: Ms. KenwrightExemption approved(2) Request for an extension to a previous exemption to allowState Licensed Perfusionist to perform and report activatedclotting times (ACT) assays, utilizing the Medtronic ACT Plus andwhole blood samples, facility wide.Motion to approve exemption: Dr. NolanSecond: Ms. WaltonExemption Extension approved3.Methodist Medical CenterOak Ridge, TN 37830Exemption to allow licensed Respiratory Therapists to perform andreport pH analysis of plural fluid using the ABL Radiometer 800.Page 4 of 13

Move to send exemption request to the table. On return theexemption request should address whether the ABL 800 has thecorrect module to perform pH on body fluids and thatcorrelations are conducted using plural fluid utilizing a pH meterfor those measurements. Ms. WaltonSecond: Dr. JoynerMove to send to the table approved4.Vanderbilt UniversityMedical CenterNashville, TN 37232(1) Request modification to previous exemption to approveinstrument change from the IL GEM 3000 to the IL GEM Premier4000 for all existing VUMC IL GEM 3000 Point of Care (POC)exemptions.Move to approve modification: Dr. DavisSecond: Dr. JoynerModification approved.(2) Request exemption to allow Licensed Respiratory Therapistsand Technicians (both ABG Endorsed) to perform and report ILGEM Premier 4000 testing procedures in any POC testing locationpreviously approved.Move to approve exemption: Dr. NolanSecond: Ms. WaltonExemption approved.(3) Request modification to previous exemption allowingRegistered Nurses to perform and report INR point of care testingprocedures in the VUMC Emergency Department utilizing theRoche Coaguchek XL Pro System. The extent of this modification isa location extension on the exemption granted January, 2013.Move to approve modification: Ms. KenwrightSecond: Dr. DavisModification approved.Ms. England asked that Tab 17, Section Q #D be addressed at thistime since representatives from Vanderbilt were present at thepodium.Q17D: Letter from Dr. Pampee Young requesting Boarddetermination whether individuals performing processingconsisting of storing, shipping and thawing of hematopoietic stemcell products are required to be licensed under the TennesseeMedical Laboratory Act.Move to affirm that the described individuals must be licensed:Ms. KenwrightSecond: Dr. JoynerAffirmation of Licensure approved5.Tri-Star Southern Hills(1) Request exemption to allow Registered Nurses to perform andreport lactate levels, utilizing the Abbott i-STAT, in the EmergencyPage 5 of 13

Nashville, TN 37211DepartmentMotion to approve exemption: Ms. KenwrightSecond: Dr. NolenExemption approved(2) Request modification to previous exemption to approveinstrument change for the performance of O2 Saturations in theCatheterization Laboratory by Registered Nurses from the Abbott iSTAT to the AVOX . There were no correlation studies submitted.Motion to send exemption request to the table until such time ascorrelation studies are ready to submit: Ms. KenwrightSecond: Dr. JoynerMove to send to the table approved6.Tri-Star Stone CrestSmyrna, TN 37167Request exemption to allow Registered Nurses to perform andreport lactate levels, utilizing the Abbott i-STAT, in the EmergencyDepartment and the ICU.Motion to approve exemption: Dr. CalarcoSecond: Ms. WaltonExemption approved7.Region One HealthMemphis, TN 38103(1) Requesting modification of previous exemption to allowRespiratory Therapists (ABG endorsed) to perform and report pH,pCO2, pO2, TC02, 02 Saturation, BE, Lactate, Na, K, Glucose, andIonized Calcium utilizing the GEM 4000 rather than the GEM 3000,an instrument change, facility wideMove to approve modification: Ms. WaltonSecond: Dr. JoynerModification approved.(2) Request name change from EMT to MCT. This Board has nosuch authority and suggests Region One Health Care to presentthis request to the EMT Board.Move to suggest change in venue: Dr. DavisSecond: Dr. JoynerMove to change venue approved.(3) Request modification of previous exemption granted July,2014, for Registered Nurses, Licensed Practical Nurses, Parametics(EMT), Radiology Technicians, and Respiratory Therapists (ABGEndorsed) to perform and report lactate levels, utilizing theAbbott i-STAT, facility wide.Move to approve modification: Dr. NolanSecond: Dr. CalarcoModification approved.Page 6 of 13

8.Methodist LeBonheurHospitalGermantown, TN 38138(Dr. Joyner recused himself from the meeting)Request for an extension to allow Licensed Perfusionist, to performand report Activated Clotting Time (ACT) analysis, facility wide,utilizing the Medtronic HMS Hepcon Hemostasis ManagementSystem.Motion to approve exemption: Ms. WaltonSecond: Dr. CalarcoMotion approved(Dr. Joyner returned to the meeting)The chairman called for a ten (10) minute break at 10:50AMThe chairman called the meeting back into session at 11:00AMDirect more than three (3)LaboratoriesCSL Plasma Inc. requested Dr. Lewis R. Hagood be allowed to directtha fourth (4 ) laboratory within the CSL Facilities.thMove to allow directorship at fourth (4 ) laboratory: Dr. NolanSecond: Ms. WaltonAbstain: Dr. CalarcoDirectorship approved.Tab 18, Section R, Investigations Report taken out of agenda orderInvestigative ReportMedical Laboratory BoardOffice of InvestigationsNichelle Dorroh, Office of Investigations, gave a verbal report.There is one (1) case active and is being investigated. Allmonitoring is up to date and current.Motion to accept Investigations Report: Dr. JoynerSecond: Ms. KenwrightReport acceptedTab 25, Section Y, Director Approval taken out of agenda orderReview and Approve MedicalLaboratory DirectorsJonathan E. Schmitz, MD-Ph.DDirector-MicrobiologyAntioch, TN 37013Application: Director – MicrobiologyDegree: Awarded the Bachelor of Science, 2002, Concentration onChemistry, Princeton University, Princeton, NJ, Affiliated with theTri-Institutional M.D.- Ph.D program in biomedical sciences, Ph.Dawarded in the biological sciences with a concentration of bacterialpathogenesis and immunology by Rockefeller University, New Yorkand Awarded the M.D. in May, 2012, Weill Cornell Medical Collegeof Cornell University, New York.Training Program: Clinical Fellowship in Microbiology, VanderbiltUniversity Medical Center 2012-2014.Certification: American College of Microbiology, Medical andPublic Health Microbiology, August, 2014Page 7 of 13

File Status: All other qualifying documents are present in the fileMotion to approve license: Dr. MillerSecond: Dr. JoynerLicense approvedMark P. Borgman, Ph.DDirector-ChemistryFloyds Knobs, INApplication: Director – ChemistryDegree: Bachelor’s degree in Medical Technology, Michigan StateUniversity, Michigan, 2004; Ph.D awarded in PharmaceuticalSciences, University of Maryland, Baltimore, MD, 2009.Training Program: ComACC-Accredited Clinical ChemistryFellowship, July 2009 to June, 2011, University of Louisville,Louisville, KY.Certification: American Board of Clinical Chemistry, 9/10/13 until12/31/2014 (Active Status). ABCC Certification does not have anexpiration date.File Status: All other qualifying documents are present in the fileMotion to approve license: Dr. NolanSecond: Dr. MillerLicense approvedThe Chairman resumed original agenda order Tab 17, Section QDiscuss, review and take action, ifneeded, regarding, but not limitedto the following:Review of guidelines for directorlicensing per T.C.A. §68-29-138esoteric laboratoriesSince no specific guidelines for director qualifications for esotericlaboratories exists and since it is evident this determination forGenome Expressions has consumed as inordinate amount of timewith little progress, it is necessary to make decisions to decide thisquestion to an.First the laboratory must be classified, then personnel must beclassified. Ms. Gass, read to the Board, Definitions and/ordescriptions, of what determines the workings of an Esoteric,Clinical and Research Laboratory. Within these definitions, theBoard should determine where Genome Expressions, fits.Ms. Gass also touched upon one other pathway to resolve thedilemma of classification and that being the filing of a declaratoryorder.The laboratory cannot be licensed without a director. It appearsthat Dr. Patel would qualify to sit for the boarding exam inmolecular genetics and may qualify for a temporary license, whichin turn may allow for the licensing of the laboratory.Motion to approve plan of action: Dr. DavisPage 8 of 13

Second: Dr. JoynerPlan of action approvedDiscuss direct to consumeraccess from out of StatelaboratoriesThis is concerning research being conducted, Tennessee included,regarding the permissibility of direct to consumer (direct access)laboratory testing. Specifically is a laboratory not located oroperating in Tennessee allowed to perform such testing.Move that direct to consumer testing from out of statelaboratories is not allowed: Dr. NolanSecond: Ms. KenwrightMotion approvedDiscuss non-licensed laboratorypersonnel entering patientresults into the LIS after reviewby licensed lab personnel.After discussion, it was determined that a clerk or “Unlicensedlaboratory personnel” may enter laboratory results into the LIS solong as licensed laboratory personnel review and release thoseresults. This is compatible with earlier determinations made bythis Board. The reporting of laboratory determinations is expresslywritten into the Responsibilities and Duties of testing personnelRule 1200-06-01-.22(2)(a-b-c)(18-8-18)Move that a clerk or “Unlicensed laboratory personnel” mayenter laboratory results into the LIS so long as licensed laboratorypersonnel review and release those results: Ms. WaltonSecond: Dr. DavisMotion approvedREINSTATEMENT OF LICENSESNoneADDITIONS/DELETIONS TO THEBOARD’S WAIVED TEST LISTNoneRECEIVE REPORTS AND /ORREQUESTS:Board Director’s ReportPreviously reportedOffice of General Counsel’sReport:Ms. Gass reported that One (1) open case in OGC. This waspresented earlier to the Board by Consent Order.Personnel rules rewrite was briefly discussed and will go out to allBoard members once newest entries have been made. Board isasked to review and be ready to discuss at the January Boardmeeting.Motion to accept General Counsel’s Report: Ms. KenwrightSecond: Dr. JoynerReport accepted.Investigative ReportPreviously reportedPage 9 of 13

Medical Laboratory BoardOffice of InvestigationsRegional Surveyors ReportsComplaint Investigations and proficiencytesting (East, West and Middle TN)ETRO ReportTaylor CarpenterEast TN Regional Office: Taylor Carpenter for the third quarter of2014.Unsatisfactory/ Unsuccessful Proficiency Testing: Two (2) all withacceptable plans of correction.Complaint Investigations: One (1)MTRO ReportRichard CarrollMiddle TN Regional Office: Richard Carroll for the third quarter of2014.Unsatisfactory/Unsuccessful Proficiency Testing: Two (2) all withacceptable plans of correction.Complaint Investigations: Zero (0)WTRO ReportMary HamblenWest TN Regional Office: Mary Hamblen for the third quarter of2014.First unsuccessful occurrence of PT: Four (4) all with acceptableplans of correction.There were no second occurrences: One (1)Complaint Investigations: Zero (0)Move to accept regional surveyor’s reports as presented:Dr. JoynerSecond: Ms. KenwrightReports acceptedBoard Ratification of LaboratoryInitial License:American Toxicology Lab414 E. Watauga AveJohnson City, TN 37064Medical Director:Richard Knapp, MD.Anatomic/Clinical PathologySpecialties:ToxicologySurveyor:Julia DanielsConsultant 2/Surveyor ETROMove to approve license: Ms. KenwrightSecond: Ms. WaltonLicense ApprovedGenome Explorations, IncMove to send to the Table: Ms. KenwrightSecond: Dr. JoynerPage 10 of 13

654 Jefferson AvenueMemphis, TN 38105Medical Center West11808 Kingston PK. Ste. 130Knoxville, TN 37934Sent to the tableMedical Director:Joseph P. McDonnell, Ph.DDirector-ChemistrySpecialties:Collection StationSurveyor:Julia DanielsConsultant 2/Surveyor ETROMove to approve license: Ms. KenwrightSecond: Ms. WaltonLicenses ApprovedDiscover Diagnostics702 S. Illinois Ave. Ste B-104Oak Ridge, TN 37830Medical Director:Jamshed U. Haq, MD.Anatomic/Clinical PathologySpecialties:Clinical Chemistry, ToxicologySurveyor:Julia DanielsConsultant 2/Surveyor ETROMove to approve license: Ms. KenwrightSecond: Dr. JoynerLicenses ApprovedRecovery Associates ofMosheim65 Payne RoadMosheim, TN 37818Medical Director:Tony Yost, MDFamily MedicineSpecialties:Collection StationSurveyor:Julia DanielsConsultant 2/Surveyor ETROMove to approve license: Ms. KenwrightSecond: Dr. DavisLicenses ApprovedDiatech Oncology, LLCMedical Director:Page 11 of 13Allan Hallquist, MD.Anatomic/Clinical Pathology

405 Duke Drive, Ste. 240Franklin, TN 37067Specialties:Esoteric Testing ProceduresFlow Cytometry, MolecularDiagnosticsSurveyor:Onzean OteyConsultant 2/Surveyor MTROMove to approve license contingent upon a letter of inspectionfrom the CAP within six (6) months: Ms. WaltonSecond: Dr. NolanLicenses ApprovedAssociated Pathologists, LLCD/b/a Pathgroup- Cleveland2305 Chambliss AvenueCleveland, TN 37830Medical Director:J. Ross Slemmer, MD.Anatomic/Clinical PathologyCytopathologySpecialties:Oral PathologyNon-Gyn CytopathologySurveyor:Taylor CarpenterConsultant 1/Surveyor ETROMove to approve license: Ms. WaltonSecond: Dr. JoynerLicenses ApprovedReview and Approve MedicalLaboratory DirectorsPreviously approvedOTHER BUSINESS:Elections for Officers of the Board and of the P&E Committee willtake place in January.Ms. England asked the Board in regard to Esoteric LaboratoryLicensing, should she require that an applicant have scheduled aCAP Accreditation survey prior to bringing to the Board. The Boardresponded in the affirmative.Statement of Next MeetingThe next Board Meeting will be January 15, 2015, and will begin atPage 12 of 13

9AM CST/CDT in the Iris Conference Rood, Ground Floor,Metrocenter Complex, 665 Mainstream Drive, Nashville, TN 37243Record of AdjournmentWith no further business to discuss, the meeting was adjourned at1:30 PM CST/CDT on a motion properly presented by Ms.Kenwright and seconded by Ms. Walton The motion to adjournwas unanimously approved.Page 13 of 13

instrument change from the IL GEM 3000 to the IL GEM Premier 4000 for all existing VUMC IL GEM 3000 Point of Care (POC) exemptions. Move to approve modification: Dr. Davis Second: Dr. Joyner Modification approved. (2) Request exemption to allow Licensed Respiratory Therapists and Technicians (both ABG Endorsed) to perform and report IL GEM .

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