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July 13, 2022 Brittany Nicole Dobberstein, Authorized Agent Pemberton Academic Learning Services Inc (PALS) 699 300th Ave Pemberton, MN 56078-2216 License Number: 1049126 (Child Care Ctr) Program Location: 143 4th St, Pemberton, MN 56078 Dear Brittany Nicole Dobberstein: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of Citations 8, 12, and 15 from the Correction Order issued to you by the Department of Human Services on November 9, 2021. You did not request reconsideration of the remaining citations, and, as a result, those citations are final and not subject to review. SUMMARY OF CITATIONS AND RECONSIDERATION DETERMINATION: Citation 8. The program did not have documentation on site to show that 2 of 3 (SP3 and SP6) staff persons met the: education requirements of the teacher job classification for which the staff person was employed (SP3); and experience requirements of the teacher job classification for which the staff person was employed (SP3 and SP6). Your Response. You stated that SP6 is enrolled in nursing school and will graduate in a month as a Registered Nurse, and her transcript was located in her employee file at the time of the licensing visit. Applicable Law. A teacher must have the required combination of education and experience according to Minnesota Rules, part 9503.0032, subpart 2. The license holder must ensure that a personnel record for each staff person is maintained at the center. The personnel record for each staff person must contain . . . the staff person’s documentation indicating that the staff person meets the requirements of the staff person’s job position and the education and experience requirements specified in parts 9503.0031 to 9503.0034. Minnesota Rules, part 9503.0120, item B.
A registered nurse or licensed practical nurse is qualified as a teacher for infants only. Minnesota Rules, part 9503.0032, subpart 1, item A.
Reconsideration Determination. A registered nurse is qualified as a teacher for infants only. However, at the time of the licensing visit, SP6 had not yet completed her nursing degree and only possessed a high school diploma. In addition, qualifying as registered nurse requires that an individual is licensed a registered nurse, not merely that that they have a nursing degree. As such, at the time of the licensing visit, SP6 was not yet a registered nurse, nor did they otherwise meet the qualifications of a teacher. You did not provide any information regarding SP3. There is sufficient documentation to support the violation. Citation 8 is affirmed. Citation 12. The program did not comply with cardiopulmonary resuscitation (CPR) training requirements. Documentation was not available on site to show that 2 of 6 (SP1 and SP6) individuals (director, staff persons, substitutes, or unsupervised volunteers) had satisfactorily completed the required pediatric CPR training including the treatment of obstructed airways and a hands-on skill assessment: within 90 days of the start of work or within the previous two years (SP6); and within the previous two years (SP1). Your Response. You stated that you provided proof that SP6 completed the required CPR training when the licensor was on site, and that the required CPR training documentation was in SP6’s employee file at the time of the licensing visit. Applicable Law. Unless training has been completed within the previous two years, the director, staff persons, substitutes, and unsupervised volunteers must satisfactorily complete pediatric cardiopulmonary resuscitation (CPR) training that meets the requirements of this subdivision. Pediatric CPR training must be completed prior the having unsupervised direct contact with a child, but not to exceed the first 90 days of employment. Minnesota Statutes, section 245A.40, subdivision 4. The license holder must ensure that a personnel record for each staff person is maintained at the center. The personnel record for each staff person must contain . . . documentation, when applicable, that the staff person has completed the first aid and CPR training required in part 9503.0035, subparts 2 and 3. Minnesota Rules, part 9503, 0120, item D.
Reconsideration Determination. You did not dispute this portion of the citation or provide any information regarding SP1’s lack of pediatric CPR training, and the citation is affirmed in regard to SP1. Regarding SP6, you provided a certificate showing that SP6 completed Basic Life Support training from the American Red Cross on November 19, 2021. The American Red Cross Basic Life Support training does meet the requirements of pediatric CPR training. The citation is rescinded in regard to SP6. Citation 12 is rescinded in part, and affirmed in part. Citation 15. The license holder did not include the emergency plan in the program's indexed policies and procedures. Your Response. You stated that the PALS emergency plan is located in the Policy and Procedure for Rule 3 Programs binder, with its own tab titled “Emergency Preparedness & Response”, and contains all required documents within that tab. You also state that this violation was not discussed during your exit interview. Applicable Law. The license holder must include the emergency plan in the program’s policies and procedures as specified under section 245A.04, subdivision 14. Minnesota Statutes, section 245A.41, subdivision 3, paragraph (e). The commissioner shall not issue a correction order or negative licensing action for violations of law or rule not discussed in an exit interview, unless a license holder chooses not to participate in an exit interview or not to complete the exit interview. Minnesota Statutes, section 245A.04, subdivision 4, paragraph (c).
Reconsideration Determination. Although you provided a copy of your emergency plan in your reconsideration request, it was not included in the program’s indexed policies and procedures provided to the licensor during the licensing visit. There is sufficient evidence to support the violation, however, Citation 15 is rescinded because it was not discussed in the exit interview. Disposition: The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. Citation 8 is supported by the record and affirmed. Citation 12 is rescinded in part (SP6), and affirmed in part (SP1). Citation 15 is rescinded. This is a final agency decision. The Commissioner appreciates your response and encourages you to continue to work cooperatively with your licensor to ensure the safety and well-being of the children you serve. Sincerely,  Afsheen Foroozan, Attorney Legal Counsel’s Office Office of Inspector General
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