Alabama State Board of Midwifery

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Board Meeting

January 18, 2019

The Alabama State Board of Midwifery met on Friday, January 18, 2019, to conduct business. Board members physically present at the primary physical location were: (1) Ms Noel Leithart (Board Chair), (2) Ms Kaycee Cavender (member), (3) Ms Stacey Bufkin (member), (4) Ms Tori Dennis (member), (5) Ms Marietta Nero (member), and Ms Bettie Carmack (attorney). Board member in attendance electronically was Ms Colleen Tullis (member) at 11:29am. The physical meeting was held at 1032 Montgomery Highway, Vestavia Hills.

Also present were Matt Hart (attorney) representing the Board of Medical Examiners,  and Stephen McCormick (attorney) representing Alabama Hospital Association (AlaHA). The members of the public at the physical location were Brian Massey from St Vincent’s Hospital, Rebekah Myrick, Cynthia Douglas, Lauren Collins, Jessica Carmon, Mercy Anna Scroggins, and Jill Jones.

The Board meeting had been advertised on the Secretary of State’s website, in accordance with the Alabama Open Meetings Act. There being a quorum of board members present electronically and at the physical location, Ms Leithart, Board Chairperson, called the meeting to order at 11:05 a.m. and proceeded to preside over the meeting.

Ms. Leithart presented the December 8, 2018 meeting minutes for the Board’s approval. A copy of the minutes was provided to the members prior to the meeting for their review. No corrections or addendums were made. Ms. Bufkin made a motion to adopt the December 8 meeting minutes. The motion was seconded by Ms. Nero and unanimously approved by the Board.

Ms Leithart informed the Board of paperwork that had been stored at Mr. Warren’s office that she received on December 27, 2018. This included two outstanding invoices from Legislative Reference Service, a midwife’s application and check, and a letter of interagency agreement with the Attorney General’s office dated March 28, 2018, that had not been signed. Ms Carmack suggested that the Board petition the AG’s office for a waiver of the fee of $150/hour for legal counsel and to not sign the agreement pending a response from the AG’s office. Ms Cavender made a motion that she would write a letter to the AG’s office requesting the fee be waived. Motion seconded by Ms Dennis and unanimously approved by the Board.

Ms Leithart reminded the Board of the need for Liability Insurance but that due to the Board’s funds being inaccessible, this was hindered. Ms Cavender will communicate with the State Finance Department.

Ms Carmack reminded the Board about the training for members of regulatory boards that is held in Montgomery. The next training is March 1, 2019. Ms Bufkin, Ms Cavender, Ms Nero, Ms Dennis and Ms Leithart said that they plan to attend. Ms Tullis stated that she would be out of the state on that date and could not attend the board member training in March of 2019.

Ms Cavender made a motion to go into executive session for 90 minutes for the purpose of discussing the good name and character of the applicants for licensure. Ms Bufkin seconded the motion. Roll Call vote was taken: Ms Bufkin voted aye; Ms Cavender voted aye; Ms Tullis voted aye; Ms Nero voted aye; Ms Leithart voted aye; Ms Dennis voted aye. The motion was unanimously approved by the Board. Executive session began at 11:29am. Ms Cavender motioned to reconvene the regular board meeting at 1:03pm. Ms Bufkin seconded. Roll call vote was taken: Ms Bufkin voted aye; Ms Cavender voted aye; Ms Tullis voted aye; Ms Nero voted aye; Ms Leithart voted aye; Ms Dennis voted aye. The motion carried unanimously. The Board resumed the general meeting at 1:03pm.

Ms Cavender motioned to accept Rebekah Myrick’s application for licensure. Ms Nero seconded. Roll call vote was taken. Ms Myrick’s application was approved with unanimous vote. Ms Cavender motioned to accept Karen Brock’s application for licensure. Ms Nero seconded. Roll call vote was taken. Ms Brock’s application was approved with unanimous vote. Ms Cavender motioned to accept Tori Dennis’ application for licensure. Ms Nero seconded. Roll call vote was taken. Ms Dennis’ application was approved with unanimous vote. Ms Cavender motioned to accept Layla Brown’s application for licensure. Ms Nero seconded. Roll call vote was taken. Ms Brown’s application was approved with unanimous vote. Ms Cavender motioned to accept Stacey Bufkin’s application for licensure. Ms Nero seconded. Roll call vote was taken. Ms Bufkin’s application was approved with unanimous vote.

Ms Cavender motioned to approve the application of Lauren Collins pending further review of the application committee. Seconded by Ms Tullis. The motion was approved with 2 in favor, 1 opposed, and 1 board member abstaining from the vote.

Ms Dennis recommended changes to the instructions for the applications procedures. The changes are as follows:

  • Initial License applications must be submitted 90 days prior to the next scheduled Board meeting, if the applicant wishes their application to be brought to a vote at that meeting.
  • If an application is found lacking supporting documentation the applicant will be notified by mail and requested documentation must be submitted 30 days before the meeting at which the applicant wishes their application to be brought before the Board.
  • The applicant must contact NARM to release their information to the application committee.
  • Finally, the application fee and the licensing fee should be two separate checks written to the Alabama State Board of Midwifery. The check for the application fee shall be non-refundable.

Motion to accept these procedures was made by Ms Cavender, second by Ms Nero, and unanimously approved.

Ms Leithart mentioned the National government agency called SAVE, Systematic Alien Verification for Entitlements program. As a state board, ASBM needs to register with this group in order to verify citizenship status for immigrants applying for licensure. Ms Leithart will register ASBM.

Ms Leithart asked for approval to renew the PO Box. Ms Nero made a motion for Ms Leithart to pay for the renewal and save the receipt to submit to the Board for reimbursement. Seconded by Ms Cavender. The motion was unanimously approved.

Ms Leithart proposed a position for a social media intern who can focus on posting factual articles and news on the website and on a social media platform. It was agreed to have more discussion at the next meeting.

Ms Carmack will send examples of job descriptions to fill the position of executive director with instructions on how to post the job

Ms Cavender will contact STAARS and find out how to deposit checks and conduct other business, in order to pay outstanding bills.

Stephen McCormick from the Alabama Hospital Association asked to be heard. He asked when the Board would announce the next sub-committee meeting which also has to be an open meeting.

Ms Nero made a motion to go into executive session for 90 minutes for the purpose of conferring with legal counsel regarding the legal ramifications related to the publication or non-publication of the application committee and the disclosure of information regarding applicants for licensure.

Ms Dennis seconded the motion. Roll Call vote was taken: Ms Bufkin voted aye; Ms Cavender voted aye; Ms Tullis voted aye; Ms Nero voted aye; Ms Leithart voted aye; Ms Dennis voted aye. The motion carried unanimously. Executive session began at 1:53pm. Ms Cavender motioned to reconvene the regular board meeting at 3:01pm. Ms Nero seconded. Roll call vote was taken: Ms Bufkin voted aye; Ms Cavender voted aye; Ms Tullis voted aye; Ms Nero voted aye; Ms Leithart voted aye; Ms Dennis voted aye. The motion carried. The Board resumed the general meeting at 3:01pm.

The Board solicited further comments from the public.

Ms Nero made a motion to dissolve the application committee at 4:00pm on January 23, 2019. Seconded by Ms Bufkin. The motion carried by a unanimous vote.

Ms Cavender made a motion that all applications go to the P.O. Box, reviewed by Ms Leithart for completeness, and that Ms Leithart write applicants via the US Postal Service should additional information or documents be needed related to the application. Seconded by Ms Nero. Motion carried by a unanimous vote.

Ms Bufkin made a motion that all complete applications be brought directly before the Board for approval effective January 24, 2019. Ms Nero seconded, motion carried by a unanimous vote.

Ms Nero made a motion to have an emergency meeting to finalize action on Lauren Collins’ application on 1-23-19 at the AG’s office in Montgomery. Seconded by Ms Cavender. Motion carried by a unanimous vote.

Future meeting dates were suggested and discussed, along with locations.

  • January 23, 2019 Emergency meeting of Applications Committee in Montgomery
  • May 3, 2019 Regular meeting Vestavia
  • August 23, 2019 Regular meeting Montgomery
  • November 8, 2019 Regular meeting Fairhope

Motion by Ms Bufkin to accept the proposed meeting dates. Ms Cavender seconded the motion, and it was approved by a unanimous vote of the Board.

There was no further business of the Board. Ms. Cavender made a motion to adjourn. Ms. Nero seconded, and the motion passed unanimously. Ms. Leithart adjourned the meeting at 3:06 p.m.

Respectfully Submitted,

___________________

Noel J. Leithart

Chair