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Board Meeting Minutes
May 1 & 2, 2002 Board Meeting minutes
THE ARIZONA STATE BOARD OF PHARMACY
HELD A REGULAR MEETING MAY 1 & 2, 2002
OMNI CONFERENCE CENTER - TUCSON, ARIZONA
The following Board Members and staff were present: President William E. Jones, Vice
President Paul Draugalis, Dennis McAllister, Linda K. McCoy, Daniel Ketcherside, Eugene 'Gene'
Drake and Gerald Ritt. Also present were: Compliance Officers Ed Hunter, Cheryl Frush, Dennis
Waggoner and Dean Wright, Drug Inspector Tony Salcido, Deputy Director Hal Wand and Executive
Director L.A. Lloyd; Assistant Attorney General Victoria Martin (May 2nd only).
President Jones convened the meeting at 10:00 a.m., welcomed the audience, and asked Deputy
Director Wand to advise the audience on the procedure to obtain continuing education credit for
attending.
Executive Director Lloyd introduced Nadia Mustafa, a Midwestern University College
of Pharmacy student on rotation at the board office, and Drug Inspector Tony Salcido. President
Jones acknowledged the presence of former Board of Pharmacy Member Mike Noel.
Dennis McAlister introduced Sean Gehrke a pharmacist enrolled in the Fry's Pharmacy
Residency Program.
AGENDA ITEM I - APPROVAL OF MINUTES
On motion by Mr. Draugalis and Mr. Ketcherside, the Board unanimously
approved the minutes of the March 6th and 7th , 2002 meeting as amended.
AGENDA ITEM II - REPORTS
A. Executive Director
Mr. Lloyd provided an overview of the items covered in his written report while elaborating
on the state budget short-fall and its impact on the Board of Pharmacy. Mr. Lloyd stated that
fortunately the agency was successful in receiving permission to recruit for the approved
position of Compliance Officer. On conclusion of Executive Director's remarks; Board Member
Paul Draugalis initiated a discussion relevant to an issue raised therein... "requests from
foreign pharmacy graduates seeking reduction in the number of intern hours required for
licensure'. A brisk discussion of the topic followed and on motion by Mr. McAllister
and Mr. Draugalis, the Board unanimously agreed that in the interest of the public
health and safety; reduction of intern hours for foreign pharmacy graduates is discontinued and
effective immediately, the staff is advised to not schedule such requests as
agenda items.
B. Deputy Director
Mr. Hal Wand called the Board's attention to the Compliance Officers Activity Reports
included in the meeting material. Mr. Wand advised the Board that Mr. Lloyd had submitted a
special request to the "Governor" asking permission to hire the legislatively approved
additional compliance officer. The request was approved, the newspaper announcement has been
run and ten qualified applicants have applied. Interviews will be conducted within the next
ten days and a decision will be announced shortly thereafter. Mr. Wand replied to a number of
questions from Board Members before concluding his comments.
C. PAPA
PAPA Steering Committee Member Mark Murphy presented the quarterly report of PAPA activities,
including that there are currently 39 active participants. Mr. Murphy also reported that PAPA
had recently sponsored a pharmacy continuing education program on the initiation, progress and
ultimate outcome of untreated drug or alcohol impairment. The target audience for this program
was corporate pharmacy supervisors and directors. Mark indicated that PAPA will be hosting the
Southwest Pharmacist Recovery Program annual meeting in Tucson this fall, he encouraged Board
Members to attend. Mr. Murphy advised the Board that PAPA interviews all participants twice a
year and indicated that this was happening at this time. Mark called the Board's attention to
three PAPA participants and expanded somewhat on the material shown in the report provided to
the Board. In concluding, Mr. Murphy stressed the importance of Board support for PAPA and
invited the Board or Staff to present any questions they have. Two Board Members requested
additional information of specific participants.
AGENDA ITEM III - PROPOSED RULES
President Jones directed the Board's attention to Tab III in the meeting material and
invited Compliance Officer/Rules Writer Dean Wright to present this agenda item. The following
Administrative Rules were discussed:
- R4-23-110, 501 & 502
- R4-23-110, 671,674,701.00, 02,& 03
- R4-23-110, 670, 671 & 675
Mr. Wright provided a summary of the current language and the proposed new language
impacting each of these rules. Mr. Wright explained the rational for the suggested changes and
the guidelines that are established by the Governor's Regulatory Review Council of format
revision.
Following an extensive discussion and interactive exchanges the Board unanimously agreed to the
following:
- R4-23-110, 501 & 502: Without opposition, the Board directed staff to proceed with
submission of this proposed change.
- R4-23-110, 671,674,701.00, 02,& 03: Prior to the Board directing the staff on how to
proceed, President Jones invited comment from the audience. Pharmacists, Tom O'Neil and Ron
Keehn both provided background and suggestions concerning drug formularies pertaining to the
Long-Term Care Pharmacy Rules. Following the discussion; the Board encouraged the staff to
continue working with interested parties and seek to accommodate their concerns then bring a
draft to a subsequent meeting for Board review.
- R4-23-110, 670, 671 & 675: Without opposition or alteration, the Board directed staff
to proceed with submission of the proposed changes.
AGENDA ITEM IV - TABLET SPLITTING
This agenda item had been discussed at a previous Board meeting without resolution or
action. The Board Office received additional information on the topic and the issue was
scheduled for this meeting for further discussion. Pharmacist Rich Cieslinski was present and
agreed to share his knowledge of the practice with the Board. Arizona Pharmacy Association(APA),
Executive Director Kathy Boyle distributed copies of an APA position paper on medication
tablet splitting. Following an opportunity to study the material, Board Members directed
comments and questions to each of the individuals present.
The discussion served as an opportunity to explore the pros and cons of such pharmacy
practices. The potential for public health concerns was discussed however no consensus
statement or position was reached.
President Jones recessed the meeting at 11:55 a.m. for lunch and reconvened the meeting at
1:00 p.m.
AGENDA ITEM V -COMPLAINT REVIEW/RECOMMENDATIONS
Consumer Complaint Review Committee met May 1st prior to the Board Meeting.
Member Paul Draugalis called the Board's attention to the hand-out item "Complaint Summary"
containing the committee recommendations. Mr. Draugalis then summarized the complaints
and described the committee recommendation and solicited board member comment. Following a
thorough discussion of the eleven complaints, with an in depth dialog relevant to complaint
# 2534 initiated by Mr. McAllister's suggestion to change the resolution from that recommended
by the committee, to a "consent/monetary fine". There was no opposition to this proposed
change. On motion by Mr. McAllister and Ms. McCoy, the Board voted unanimously
to adopt the Review Committee recommendations as amended and detailed below:
- Complaint # 2516 - Appear Before the Board
- Complaint # 2522 - Appear Before the Board
- Complaint # 2524 - Letter to R.Ph./Professional Courtesy
- Complaint # 2526 - No Further Action
- Complaint # 2527 - No Further Action
- Complaint # 2528 - $1,000 fine and 1 year probation
- Complaint # 2529 - No Further Action
- Complaint # 2530 - Letter to R. Ph./Professional Courtesy & meet with staff
- Complaint # 2531 - Appear Before the Board
- Complaint # 2532 - Letter of Warning
- Complaint # 2533 - Letter of Warning
- Complaint # 2534 - Consent Agreement
- Complaint # 2535 - Appear Before the Board
- Complaint # 2536 - No Further Action
- Complaint # 2537 - Appear Before the Board
- Complaint # 2538 - Letter of Warning
- Complaint # 2539 - No Further Action
- Complaint # 2540 - No Further Action
AGENDA ITEM VI - NABP ANNUAL MEETING
Executive Director Lloyd presented an overview of the upcoming NABP Annual Meeting being
held in Phoenix, May 18-23, including the host state board's responsibilities and opportunities.
Mr. Lloyd provided brief comments on the proposed Constitution and By Law changes, the delegate
voting process and the impact of the changes.
Mr. Lloyd called on Dennis McAllister, who serves on the NABP Executive Committee to
elaborate on these and other meeting issues. Mr. McAllister provided additional details,
including the pros and cons of the Constitution/By Law changes. There was no Board action taken
on this topic.
AGENDA ITEM VII - ARIZONA PHARMACY ASSOCIATION REPORT
APA Executive Director, Kathy Boyle provided a summary and current status report on the
health profession and patient care legislative bills being tracked by the association. Ms.
Boyle provided information and fielded questions from Board Members on a number of legislative
proposals and the potential impact on the public and the profession.
Ms. Boyle reminded the Board of the annual APA meeting being held in Litchfield Park June
20-23, 2002 and encouraged as many Board Members as possible to participate. There was no Board
action taken on this topic.
AGENDA ITEM VIII - PERMITS & LICENSES
Pharmacy Permits:
Deputy Director Wand indicated that applications for pharmacy permits were in order and
that the fees have been paid. Following a final review of the applications and on
motion by Mr. Draugalis and Ms. McCoy; with the exception of the application for Low
Cost Pharmacy, 5891 S McClintock Dr #107, Tempe, AZ 85283 which was withdrawn, "in-state"
and "non-resident pharmacy" permits were unanimously approved pending final inspection by the
staff where applicable.
Resident (In-State) Pharmacies:
- Best Care Pharmacy
5757 W Thunderbird Rd., Glendale, AZ 85306
Best Care Pharmacy Inc.
- CIGNA Pharmacy - Gilbert
4001 E Baseline Rd.,#107 & 108, Gilbert, AZ 85234
CIGNA
- Community Clinical Pharmacy
2405 E Southern, Suite 10, Tempe, AZ 85282
(O) ADC Apothecary Inc.
- Food City United Drug #112
1300 San Antonio Ave., Douglas, AZ 85607
(O) Bashas' Inc.
- Osco Drug #997
4060 W Ray Rd., Chandler, AZ 85226
Albertson's Inc.
- Sam's Club Pharmacy #10-6692
4701 N Stone Ave., Tucson, AZ 85704
Wal-Mart Stores Inc.
- Sierra Tucson
39580 S Lago Del Oro Pkwy., Tucson, AZ 85739
(O) Sierra Tucson LLC
- Willo Pharmacy
49 W Thomas Rd., Phoenix, AZ 85013
Steve Weber
(O) = Ownership change
Non-Resident (Out-of-State) Pharmacies
- ADIMA
5 N Regent St., Suite 506, Livingston, NJ 07039
MIM Corporation
- AdvanceRx.com
2105 Eagle Pkwy., Fort Worth, TX 76177
AdvancePCS Health Systems. LLC
- AdvanceRx.com
2700 Milan Court, Birmingham, AL 35211
AdvancePCS Mail Service
- Bio Partners in Care, Inc.
11411 Strang Line Rd., Lenexa, KS 66215
Accredo Health Inc.
- Custom Care Pharmacy
6206 Benjamin Rd., #314., Tampa, FL 33634
Genesis Pharmacy Services Inc.
- Custom Compounding of the West
6360 Gateway Dr., Cypress, CA 90630
Life Care Solutions Inc.
- DEGC Entgerprises US Inc.
4770 140th Ave., N.; Suite 403, Clearwater, FL 33762
Chronic Care Solutions Inc.
- Essential Pharmacy Compounding
617 N 114th St., Omaha, NE 68154
Kohll's Pharmacy & Hmecare Inc.
- Express Scripts Specialty
3168 Riverport Tech Center Dr.
Express Scripts Specialty
- Distribution Services,Inc.
Maryland Heights, MO 63043
Distribution Services, Inc.
- Factor Foundation Pharmacy
951 Shotgun Rd., Suite B, Sunrise, FL 33326
FFP, LLC
- FamilyMeds Pharmacy #95
6 Thompson Rd., East Windsor, CT 06088
FamilyMeds Inc.
- FamilyMeds Pharmacy #726
1215 Dunn Ave., Jacksonville, FL 32218
FamilyMeds Inc.
- FamilyMeds Pharmacy #757
3300 Lake Mary Blvd., Lake Mary, FL 32746
FamilyMeds Inc.
- Heartland Home Infusions
500 E Ogden Ave., Suite D, Hinsdale, IL 60521
Heartland Home Infusions Inc.
- IgG of America
805 Barkwood Court, Suite D, Linthicum, MD 21090
IgG of America, Inc.
- Infinity Infusion Care
5005 Mitchelldale, Suite 222, Houston, TX 77092
Infinity Infusion Care, Inc.
- Liberty Direct Services Corp.
1111 SE Federal Hwy., Suite 134, Stuart, FL 34994
Liberty Direct Services Corp
- Liberty Home Pharmacy
1111 SE Federal Hwy; Suite 106, Stuart, FL 34994
Liberty Home Pharmacy Corp.
- Liberty Medical Supply Inc.
2910 SW 42nd Ave., Palm City, FL 34990
Liberty Medical Supply Inc.
- Max Well Medical Pharmacy
240 Cumberland Bend, Nashville, TN 37228
Max Well Medical LLC
- Millenium Health
1160 Industrial Rd., Unit 19, San Carlos, CA 94070
Curative Health Services Inc.
- Secure Pharmacy Plus Inc.
416 Mary Lindsay Polk Dr., Suite 515, Franklin TN 37067
Secure Pharmacy Plus Inc.
- Service Script Inc.
3524 Park Plaza Rd., Paducah, KY 42001
Michael Orme
- Simplex Medical Inc.
12701 Commonwealth Dr., Suite 5, Fort Meyers, FL 33913
Simplex Medical Inc.
- Terrace Pharmacy
429 East 5350 South, Ogden, UT 84405
Alan V. Winter
- Theracom Inc.
6931 Arlington Rd., Suite 501, Bethesda, MD 20814
Dresing-Lierman Inc.
- Via Lido Drugs
3445 Via Lido, Newport Beach, CA 92663
Quality Drug Corp.
Wholesale Drug Permits:
Mr. Wand indicated that 3 of the 4 applications were in order and all fees paid, he further
indicated that full service applicants had read and signed the wholesale drug dealer
orientation provided by the office.
Mr. Wand indicated Dr. Chad Livdahl, NMD representing Powderz Inc., a Tucson firm was
present and available to answer questions from the Board. Compliance Officer Ed Hunter
summarized the findings of his visits to the facility. Board Members directed several inquiries
to Dr. Livdahl relevant to the type of products being distributed, the source of the products
and the labeling and packaging of the items. Board Members expressed some reservations
regarding the firm's name on the application and consequently suggested that their final
decision be tabled until the next day and that Dr. Livdahl resubmit a new application at that
time for final consideration. Dr. Livdahl agreed to the Board's request.
Also present representing a wholesale drug permit request were Mr. T.R. and Ms. Samantha
Garcia from PR&D, Inc. a start-up company intending to function as a reverse drug
distributor. There was extensive dialog between the applicants and the Board relative to their
experience and qualifications, the intended customer base and the scope of products to be
handled. Having satisfied the Board's inquiries and there being no further questions from the
Board, on motion by Mr. Draugalis and Ms. McCoy, the wholesale drug permits,
were approved subject to final inspection by the compliance staff; the application for Powderz
Inc. was tabled pending the submission of a revised application.
Wholesale Permits
- Midwest Medical
237 S. 23rd St., Phoenix, AZ 85034
(O) Midwest Medical Supply Co. Inc.
- P.R. & D. Inc.
1554 W. Main St., Mesa, AZ 85201
P.R. & D. Inc.
(O) = Ownership change
Non-Prescription
- B & B Enterprises
1509 N Piedmont Dr., Gilbert, AZ 85234
Heinrich-Marion von Rensburg
Pharmacist licenses and Pharmacy Intern Licenses:
On motion by Mr. Draugalis and Mr. Ritt, following a review of the
applications and the assurance that all applications were in order; the Board unanimously
approved pharmacist licenses # S13116 through S13147 and pharmacist intern licenses # I05589
through I05606, see attachment A and B for complete listing of full names.
AGENDA ITEM IX - SPECIAL REQUESTS
Janie Cecile Shane appeared on her own behalf seeking a reduction in the
required 1500 intern hours for licensure as a pharmacist. Ms. Shane advised the Board that she
had completed 1240 hours of intern training in Arizona and that she had 10 years of practice
experience in South Africa prior to relocating to Arizona.
President Jones indicated that earlier in the day the Board discussed and adopted a policy
to not reduce the number of intern hours required for foreign pharmacy
graduates to become licensed in Arizona. This decision, President Jones said, is a matter of
protecting the public health and safety by providing for a thorough and comprehensive
understanding among foreign pharmacy graduates of Arizona pharmacy practice and pharmaceutical
care standards. Mr. Jones assured Ms. Shane that in no way was this a reflection on her
personal preparation and training, rather it is a decision that establishes and maintains a
level-playing field for "all" pharmacy graduates seeking licensure in Arizona. Mr. Draugalis
encouraged Ms. Shane to not be discouraged, to consider her accomplishments and to use the
remaining six weeks of training to fine-tune her practice skills in preparation for licensure
and entry into pharmacy practice.
The Board unanimously agreed to deny Ms. Shane's request.
William Magaria appeared on his own behalf seeking a reduction in the
number of intern hours required for licensure. Mr. Margaria indicated that he had completed
1035 hours of internn training since locating in Arizona. Board Member Draugalis spoke to Mr.
Magaria's request and referred to the previous request and subsequent discussion relative to
the Board's recent policy decision. Again, the Board assured Mr. Magaria that their decision
was not a matter of an individual evaluation but rather a decision to strictly observe the
requirements of the laws and regulations applicable to intern training hours. On
motion by Mr. Draugalis and Mr. Ritt the Board unanimously denied Mr. Margria's
request.
Jerome C. Broering appeared on his own behalf seeking permission to
proceed with the process of reciprocating his Ohio Pharmacist license to Arizona. President
Jones invited Mr. Broering to briefly outline his practice history and to discuss the
disciplinary action on his Ohio license. Mr. Draugalis declared a conflict of interest and did
not participate in the discussion, deliberation or vote on this matter.
Following his presentation, Board Members directed questions to Mr. Broering. At the
conclusion of the discussion and on motion by Mr. McAllister and Mr. Drake,
the Board unanimously agreed to allow Mr. Broering to proceed in seeking licensure by
reciprocity.
Eugene L. Cooper appeared on his own behalf seeking permission to proceed
with process of obtaining an Arizona pharmacist license through reciprocity. President Jones
invited Mr. Cooper to provide a summary of his practice experience, both his recent and past
practices and his disciplinary involvement with the Missouri Board of Pharmacy. Upon concluding
his presentation, Board Members directed questions to Mr. Cooper relevant to his plans for
practicing in Arizona upon becoming licensed. At the conclusion of the discussion and
on motion by Mr. Ketcherside and Mr. Ritt, the Board voted 5 in favor and 2 opposed to
allow Mr. Cooper to proceed with the process of licensure by reciprocity.
Maricopa Integrated Services represented by Ron Keehn, R.Ph., P.I.C. Mr.
Keehn is seeking approval by the Board to eliminate the requirement of a pharmacist's initials
on the label of a dispensed prescription.
Mr. Keehn provided an overview of the dispensing process, including the accuracy safeguards
and verification procedures being performed in the pharmacy. Various Board Members directed
inquiries to Mr. Keehn who responded promptly and completely to their questions. This being an
innovative practice procedure, the Board directed Mr. Keehn to collect data for a period of six
weeks.
During that time a thorough process of observation and data collection will be conducted
to determine the impact on the dispensing process. The results are to be presented to the
Board at their June 20, 2002 meeting and a final decision will be made at that time.
Edwin Rivera, appeared on his own behalf requesting permission to sit for
the Multistate Pharmacy Law Examination(MPJE) for a fourth time as required by statute.
Following an exchange of questions and answers between the Board and Mr. Rivera and on
motion by Ms. McCoy and Mr. Draugalis the Board unanimously agreed that Mr. Rivera
shall present proof of participating in a Pharmacy Law Continuing Education Program to the
staff, prior to being allowed to sit for the MPJE again.
David Shoup,appeared on his own behalf requesting permission to proceed
in becoming licensed by score transfer of his NAPLEX score from New Mexico(NM). Mr. Shoup
indicated to the Board that he had been arrested in NM on drug paraphernalia and concealed
weapon charges however the charges had been dropped at least in part because he was a contract
agent for the U.S. Treasury Department and was permitted to carry a weapon. Several Board
Members directed questions relating to previous and current employment in the profession and
his plans for practicing in Arizona.
Many of Mr. Shoup's replies were vague, incomplete or implausible. Mr. Shoup was asked if he, as a condition for licensure, he would agree to
participate in the Pharmacists Assisting Pharmacists of Arizona program. He indicated that he
would agree to that. Staff was asked to verify Mr. Shoup's previous employment and current
license status in NM. The Board's final decision would be forthcoming pending receipt of the
staff findings.
Kevin McConnell, appeared on his own behalf seeking reinstatement of his
revoked Arizona license. President Jones asked Mr. McConnell if he was prepared to present new
evidence, i.e. evidence that was not part of the revocation hearing. Mr. McConnell indicated
that he had no new evidence to present but that he was anxious to reside nearer his children.
President Jones stated that the Board was only willing to entertain presentation of previously
unheard evidence of why McConnell's revocation would be reconsidered. President Jones asked
the Executive Director to poll the Board Members to determine if the president's position was
supported by the Board. On a roll call vote, the Executive Director determined that six Board
Members and the Board President agreed to consider Mr. McConnell's request only if new evidence
was available for consideration. Being advised that the Board would not hear his request, Mr.
McConnell exited the meeting room posthaste.
Carmen Torres, appeared on her own behalf requesting permission to sit for
the Multistate Pharmacy Law Examination(MPJE) for a fourth time as required by statute.
Following an exchange of questions and answers between the Board and Ms. Torres and on
motion by Mr McAllister and Mr. Drake the Board unanimously agreed that Ms. Torres
shall present proof of participating in a Pharmacy Law Continuing Education or Certified Law
Review Program to the staff, prior to being allowed to sit for the MPJE again.
CALL TO THE PUBLIC
President Jones invited members of the audience to direct comments and observations to the
Board for future consideration. Because the specific items would not be considered "agenda
items" no discussion or reply would be forthcoming at this meeting.
Steve Mulryan provided comments on the Board's decision to not reduce intern hour
requirements for foreign graduates.
Darren Gettings suggested eliminating or reducing the pharmacy technician ratio if pharmacy
technician registration occurs.
President Jones recessed the meeting at 4:40 p.m.
President Jones reconvened the meeting at 8 a.m. May 2, 2002 with all Board Members present. Also present were
all the compliance officers, the deputy director and the executive director and Assistant
Attorney General Victoria Martin.
AGENDA ITEM X - CONSENT AGREEMENTS
President Jones announced that this was the time and the place in the matter of the
following Notices of Hearing and Consent Agreements:
- Mark Forester 02-0003-PHR
- Albertson's #0941 02-0004-PHR
- Fry's Food and Drug #112 02-0005 PHR
- Patrick A. Sharp 02-0006 PHR
President Jones asked if any of the Respondents were present or represented by counsel or
if there were any comments relevant to any of the Consent to Entry of Order issues before the
Board? There were no replies to either question. President Jones indicated that unless there
was opposition expressed, it was his intention to consider the following Consent to Entry of
Orders as a single item: 02-0003, 02-0004 and 02-0006. There being no opposition, on
motion by Mr. Draugalis and Mr. Ketcherside, the Board on a roll call vote agreed
unanimously to adopt the Findings of Fact and Conclusions of Law as presented in Notice of
Hearing numbers: 02-0003, 02-0004 and 02-0006 issued to Mark Forester, Albertson's # 00941 and
Patrick A. Sharp, respectively.
On motion by Mr. Draugalis and Mr. Ketcherside, the Board on a roll call
vote agreed unanimously to adopt the Orders in the matter of Notice of Hearing 02-0003, 02-0004
and 02-0006 issued to Mark Forester, Albertson's # 00941 and Patrick A. Sharp, respectively.
In the Matter of Notice of Hearing 02-0005 PHR issued to Fry's Food and Drug # 112, Board
Member Paul Draugalis declared a conflict of interest and did not participate in any aspect of
this issue.
On motion by Mr. McAllister and Mr. Drake, the Board on a roll call vote,
with Mr. Draugalis abstaining, agreed unanimously to adopt the Findings of Fact and Conclusions
of Law as presented in Notice of Hearing number: 02-0005-PHR, issued to Fry's Food and Drug
#112.
On motion by Mr. McAllister and Mr. Ketcherside, the Board on a roll call
vote, with Mr. Draugalis abstaining, agreed unanimously to adopt the Order as presented in
Notice of Hearing number 02-0005-PHR issued to Fry's Food and Drug #112.
There being no further Consent Orders to consider this agenda item was closed by President
Jones.
AGENDA ITEM XI - CONFERENCES
COMPLAINT # 2511
Pharmacist Paul Pickering and Supervisor Kay Ackerman were present pursuant
to a consumer complaint alleging a prescription dispensing error. Compliance Officer Dean
Wright provided a review of his complaint investigation. President Jones asked Mr. Pickering to
provide his recollection of the incident leading to the complaint. Board members then directed
questions to pharmacist Pickering relevant to the investigation. Mr. Pickering indicated that
Mr. Wright's report is accurate and believes that efforts to accommodate the patient simply
lacked the necessary follow through and pharmacist oversight to successfully provide a
special-order prescription drug to a patient. Mr. Pickering indicated that such incidents do
not occur frequently, however this mishandled event has caused him to reconsider and restructure
the policy for special order prescription drugs.
President Jones and Board Members directed comments and suggestions to Mr. Pickering for
possible improvement and prevention of a recurrence. Supervisor Kay Ackerman indicated that a
policy revision has already begun and she appreciated the Board's comments. There being no
further discussion, President Jones dismissed the conferees and encouraged them to promptly
complete the policy revision.
COMPLAINT # 2520
Pharmacist Aaron Matlow and Supervisor Victor Chirkin, were present
pursuant to a consumer complaint alleging a misfilled prescription dispensed for a pediatric
patient. Compliance Officer Dennis Waggoner was present and provided an overview of the board's
investigation in this matter. President Jones asked Mr.Matlow to relate to the Board his
recollection of this incident including measures that have been implemented at the
pharmacy to preclude a recurrence of this event. Mr. Matlow stated that several aspects of the
prescription were confusing, including the format and poor penmanship. Board members offered
numerous suggestions to Mr. Matlow as to handling such prescriptions. President Jones
reiterated the Board's suggestions and indicated that there is no excuse for not taking the
necessary action to clarify any prescription confusion prior to dispensing the item. President
Jones dismissed Mr. Matlock with the admonition to carefully analyze all prescriptions,
particularly those containing confusing items or illegible handwriting.
AGENDA ITEM XII - HEARINGS
This item appeared on the agenda in the event that a "consent order" failed to be accepted
and a hearing was required....all consent orders' were signed, as a result no hearings were
held.
AGENDA ITEM XIII - FIVE YEAR RULES REVIEW
Compliance Officer/Administrative Rules Expert, Dean Wright outlined the administrative
rules articles requiring review. Mr. Wright invited comments from Board Members concerning any
of the rules subject to review at this time. No comments were offered. Mr. Wright proceeded to
thoroughly discuss the rules to be reviewed.
Following his presentation, he indicated that he would prepare a draft document to be
reviewed by the Board prior to submiting it to the Governor's Regulatory Review Council.
Executive Director Lloyd commended Mr. Wright on his efforts in the area of the Five Year
Rules Review.
"Tabled Item from May 1, 2002"
President Jones reminded the Board that one wholesale drug permit approval from May 1
st was tabled and in need of resolution. Mr. Jones inquired to determine if the applicant
was present.
Chad Livdahl, NMD answered affirmatively to being present and prepared to discuss
his revised application. Prior to inviting Dr. Livdahl to address the Board....on
motion by Mr. Ritt and Mr. Draugalis, the Board voted unanimously to recess the open
meeting and reconvene in Executive Session to seek legal advice from Ms. Victoria Martin in the
tabled matter.
Following a brief Executive Session, and on motion by Mr. Ritt and Mr. McAllister,
the Board closed the executive session and reconvened in open public session to
consider the application for a wholesale drug permit submitted by Dr. Livdahl.
President Jones provided a brief review of the events on May 1st and to refresh
everyone's memory Mr. Jones provided some highlights of the concerns raised the previous day.
Dr. Livdahl clarified for the Board the intended customers of his firm, he submitted a
revised application and stated that he was aware that wholesale drug permitees are not allowed
to repackage or relabel drug items.
There being no further questions from Board Members or staff, and on motion by Mr.
Ritt and Mr. McAllister the Board unanimously approved the application for Powderz,
Inc. with the reminder that wholesale drug owners/managers are responsible for following the
statutes and rules established by the Board.
AGENDA ITEM XIV - CALL TO THE PUBLIC
As he had done on Wednesday, President Jones announced a call to the public as this session
draws to a close. In doing so, he commented that the Board may only hear the comments, they
may not discuss or act on them at this meeting. There were on comments from the audience.
AGENDA ITEM XVIII - ADJOURNMENT
There being no further business to come before the Board, President Jones entertained a
motion to adjourn.
On motion by Mr. Draugalis and Mr. Ketcherside, and unanimously approved,
the meeting was adjourned by President Jones at 10:10 A.M.
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