792 nd Meeting of the North Carolina Board of Pharmacy June 27, 2006

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1 President Rebecca Chater called the meeting to order at 9:00 a.m. with all members except Mr. Nelson. Also present were Executive Director Jay Campbell; Board Counsel Carson Carmichael; Director of Investigations Steve Hudson; and Chief Operating Officer Carol Smith. Present as visitors were: Fred Eckel and Sally Slusher, North Carolina Association of Pharmacists; Dave Moody, Mutual Drugs; Gray Stewart, Kerr Drugs; John Kessler, SecondStory Health; Marcia Ladd, DME Committee; David Catalano and Dan Luce, Walgreens; Students Ben Brooks, Misty Clark, Poriana Pullano, and Phong Vu on rotation with Kerr Drugs; Ethics Statement & Welcome President Chater read to the members the Ethics Statement regarding any conflicts of interest and/or appearances of conflicts of interest of any Board member prior to any official action of the Board was taken for this meeting. There being no conflicts noted by any Member the meeting proceeded. President Chater welcomed all visitors to the meeting and asked that they introduce themselves to the members along with their pharmacy affiliation. Minutes of May Meeting The members had received the Minutes of the May meeting prior to this meeting for review and it was moved by Mr. Haywood, seconded by Dr. Chesson to accept the Minutes as submitted and the motion passed with no dissenting votes. Presentation by Walgreens Daniel F. Luce, Manager of Pharmacy Affairs and David Catalano of Walgreens were present and presented a PowerPoint presentation on Walgreen s Virtual Imaging System for Improved Operations Nationwide (VISION) project. The VISION program uses imaging technology to create an image of a prescription which becomes the working document for processing the prescription to final dispensation to the patient. The hard copies will be imaged and stored and this program would help reduce turnover of pharmacists and technicians. It would also allow balancing work loads between stores. The process would include data review, DUR review and product review. Another application of the system is that it would offer the ability to take work out of a store at peak times and transfer it to a different store or facility. The instore imaging workflow would consist of scanning in the new prescription, entering information and filing the information; printing; filling; verifying with an image; dispensing and consultation. The members thanked both Mr. Luce and Mr. Catalano for their presentation and suggested that they contact the Board s Director of Investigations to possibly setting a time for the inspection staff to view the presentation. Mrs. Chater thanked them both for their presentation. WEDI Bulletin--Electronic Prescribing for Controlled Substances Mr. Campbell reported that he will be attending a public meeting being held by the Drug Enforcement Administration (DEA) to discuss electronic prescriptions for controlled substances on July 11 th and 12 th in Arlington, Virginia. He will report back to the members regarding this meeting at the July meeting on the Board. hours? Brad Weaver sent an inquiry to Mr. Campbell regarding whether the Board would accept courses taken on continuingeducation.com as being approved for contact continuing education. Mr. Campbell stated that his understanding of these broadcasts is that they are live presentations and there is two-way communication possible between the speaker and the online attendee. The consensus of the Board is that so long as an Internet- 1

2 based program provides an opportunity for live two-way communication between the presenter and attendee, it may count toward satisfying the contact-hour continuing education requirement. The Board also noted that ACPE-approved continuing education courses that are considered live so indicate in the course number. The L designation for an online program indicates that this is a live program, and the Board will accept such programs as counting toward the contact-hour requirement. Mr. Campbell will communicate the Board s decision to Mr. Weaver. John Kessler, SecondStory Health, inquired of the members if taking a self-study Internet program and then calling in and speaking with a live person would be considered live continuing education. The members stated that if the program indicated L for live then it would be considered contact hours, otherwise it would not. Florida Reciprocity Mr. Campbell brought to the members attention an inquiry from a pharmacist in Florida seeking reciprocity to North Carolina and the fact that this is not now possible. Mr. Campbell is aware of the 12 year window as being a barrier to North Carolina licensees who may wish to reciprocate to Florida. After some discussion it was the members consensus to keep the current North Carolina policy in place and that reciprocation is not allowed between North Carolina and Florida due to the 12-year barrier imposed by Florida. The members suggested that Mr. Campbell write the Florida Board asking them if they would waive their 12- year restriction. If they would agree to lift this barrier the North Carolina Board would reciprocate with Florida. Steve Hudson Director of Investigations Retirement Announced Mr. Campbell stated that, with a heavy heart, he is announcing the retirement of Steve Hudson as Director of Investigations, effective August 1, He stated he is very appreciative of everything that Steve has done for the Board and for making North Carolina a much safer place for its patients. The members were all in agreement with this statement and President Chater stated that Steve will assume a new position with NABP as the Accreditation Manager heading up their field services for the VIPPS and VAWD programs. She stated that NABP s gain will be the Board s loss but wished him well in this new endeavor. Mr. Campbell stated that the search for a new director is underway and he hopes to announce a new director within the next two weeks. The status of the Newton office will be decided once a new director is named. Report of June 26 th Community Pharmacy Committee Meeting Mr. Campbell reported that the committee met on June 26 th in the Board offices and discussed trying to communicate to community pharmacists to find out what their needs are and also explaining to them the rulemaking process and how rules become law. The committee hopes to establish a regular schedule of meetings. Report of DEA Diversion Conference, Houston, Texas Mr. Campbell gave a report to the members regarding his attendance of the DEA Conference in Houston in early June. He felt it was a useful meeting and would encourage the director of investigations to attend the conference annually. The big focus at the meeting was Internet pharmacies and the offer to accept help of state and local law enforcement agencies in this endeavor. 2

3 Fred Mahaffey Passes Away Mr. Campbell shared with the members information received from NABP regarding the recent death of former Executive Director of NABP Fred Mahaffey. His contributions to NABP, state boards of pharmacy and the protection of the public health were significant and established NABP as one of the leading pharmacy organizations. Proposed Rules Discussion Board Counsel Carmichael distributed a memo regarding a timeline for 2006 rulemaking which included that July 25, 2006 is the deadline to file proposed rule change in the NC Register with a public hearing to be held sometime between August 30 th and October 1 st. The earliest date proposed rules can be submitted to Rules Review is October 20 with December 1, 2006 being the earliest date that a rule change can become effective. Mr. Carmichael stated that any change in proposed language attached to the memo would need to be made at the July meeting of the Board in order for the timeline to be followed. Also the public hearing date will need to be set at the July meeting. Marcia Ladd, Chair of the DME Committee, was present and available for comments or questions by the Board members regarding the DME language. The members reviewed proposed new or amended language to the following rules:.1317 Definitions.2502 Responsibilities of Pharmacist-Manager.1608 Device and Medical Equipment Permits.2607 Availability of Records.2612 Storage of Devices and Medical Equipment.2613 Products in Possession of Permit Holders.1601 Proposed Rules on Internet Pharmacies.3101 CPP Rules (proposed from CPP Committee) It was moved by Mr. Haywood, seconded by Dr. Dennis to accept the language proposed by the CPP Committee and that it is incorporated with the other proposed rules for public hearing in the fall. The motion passed with no dissenting votes. It was also determined that the CPP Committee should meet at least twice a year. Mr. Campbell stated he would communicate with David Henderson of the Medical Board that the members had determined to go forward with the proposed language of.3101 as presented. The members were in consensus that public hearings should be held in 2 locations for around the state. Request of Vimal Patel Wavier of Internship Hour Requirement Request Mr. Patel was present and the members reviewed information which had been submitted by him regarding his request for a waiver of the 1500 hour internship requirement based on his experience in Canada. He is a foreign pharmacy graduate who has passed the FPGEC and has been offered a job with Walgreen s as a pharmacy intern. He spoke to the members regarding the types of experience he has had including more than 6 years of international regulatory affairs experience. Following Mr. Patel s presentation and questions by the members the Board went into closed session to deliberate this matter. When the public session resumed President Chater announced that on motion of Dr. Dennis, seconded by Mr. McLaughlin it was the Board s decision to recognize 840 hours that Mr. Patel had worked as a pharmacy technician. The Board will grant 500 hours of internship credit for work in the pharmaceutical industry thereby requiring an 3

4 additional 160 hours of internship credit to satisfy North Carolina s internship requirement. Mr. Patel thanked the members for their favorable consideration of this matter. WEBINAR Update Mr. Campbell reported that attendance at the WEBINAR was very good with a packed room of over 60 participants. There were many positive comments regarding the usefulness of this type of presentation regarding USP 797 Standards. The members were in agreement that perhaps future WEBINARS could be broadcast from the Board s office. Redesign Mr. Campbell suggested that the members view the Board s redesigned website. It has been totally changed and many thanks go to Board staff Kristin Moore and Tom Buedel for all the hard work and effort put into this project. The redesign is a positive change and many good comments have been received in the Board office. Dr. Chesson, who participated in the redesign, also commented that both Kristin and Tom had done an outstanding job on this project. President Chater offered thanks to Mr. Campbell for taking hold of this project and moving forward with it for an outcome of a job well done. MALTAGON Conference Mr. Campbell reminded members of the upcoming MALTAGON Conference to be held September 10-13, 2006 at the Grand Resort in Tunica, Mississippi. The deadline for hotel reservations is July 31 st. Registration for participants is $150 prior to July 31 st and increases to $200 after that time. He encouraged members interested in attending this conference to register in a timely manner. Mr. Nelson and Mr. Haywood indicated some interest in attending. Standard Register The members reviewed a paper presentation by Standard Register which is a document services company offering a standard secure prescription blank for all prescribers. Mr. Campbell stated that the Standard Register system requires all prescribers to use the same prescription format. All prescription pads are registered and numbered and the prescribers would acquire the pads free of charge from the state. This type of system could avoid fraud. Mr. Campbell stated that he suggested this group also speak to NCAP and they indicated they had contact information. He also stated that this type of standard format for prescription pads could very well end up before the General Assembly for consideration. Budget Committee for Budget President Chater appointed the budget committee for The members are Parker Chesson, Chair; Betty Dennis and Joey McLaughlin. A meeting will be held in the near future to begin work on budget projections for consideration. Dr. Chesson will correspond with members and Financial Director Gail Brantley regarding a mutual meeting time for budget discussion. Consent Agenda The members reviewed the items on the Consent Agenda with recommendation and following consideration of the matters it was moved by Dr. Dennis, seconded by Dr. Chesson to approve the Consent Agenda as presented. The motion passed with Mr. Haywood voting against the motion. The following items were approved. Request of Charles Wrinkle (Lic #5170) to Serve as Preceptor 4

5 The members reviewed a request from pharmacist Charles Wrinkle to be able to serve as a preceptor to students. He indicated that he is the pharmacist-manager at Eckerd Drugs in Morganton and at the present time he is the only fulltime pharmacist, with other shifts being covered by pharmacist floaters. Mr. Wrinkle had a Prehearing Conference in January of 2001 for use of drugs to an extent that rendered him unfit to practice pharmacy. His license was suspended for two years, stayed for five years with specific conditions including successful completion of a PRN Contract. He successfully completed the PRN Contract and came before the Board in 2004 to get the pharmacist-manager restriction lifted which was granted for an Eckerds store in Hickory. The members considered Mr. Wrinkle s request and denied it based on him being the only full time pharmacist in the store. Mr. Campbell will communicate the Board s decision to Mr. Wrinkle. Open Mike Session Representatives from the three pharmacy schools in the state were present for the Open Mike session. Wendy Cox from UNC School of Pharmacy was present and shared with the members information regarding admissions and interviews for the fall of She indicated that out of the many applicants had applied including 15 for the Elizabeth City campus. She also shared information regarding recent graduates and their future employment plans with 34$ of the graduates indicating going on to a graduate program. Joy Green of Wingate University reported that the 4 th year program at Wingate has stared and they have had very good interviews with preceptors. Ten new faculty members have been hired and a Pharmacist Wellness Clinic will begin with the fall term. Also she was glad to report that the accreditation team had been to the school this past March and April and the school had received a good report. Andy Bowman from Campbell University reported that their fall class for 2006 is full and they have students on a waiting list. The new building is moving forward with a timeline of December or January proposed for occupancy. He also reported that the first class of 1986 graduated in 1990 and the school s 20 year anniversary occurs this year. US Motion to Intervene in Woody Pharmacy Case Ms. Catherine Cummer, attorney at law with Nelson Mullis Riley & Scarborough and representing Woody Pharmacy and Alvin Dale Woody, was present regarding a motion filed by the United States seeking leave to intervene in the Woody Life Span Pharmacy, et al. for the purpose of preserving certain investigative privileges during discovery. The motion needed to be ruled upon a quorum of the Board members, thus the presentation at this meeting for consideration. Following review of Ms. Cummer s submission and hearing arguments the Board it was their decision to take the comments received under advisement and to move promptly on her request. An order resulted at a later time and was forwarded to Ms. Cummer, which can be found elsewhere in these Minutes and is incorporated by reference herein. Randy Floyd (Lic #9029), Hickory Request for Reinstatement Mr. Floyd was present along with Paul Peterson, Executive Director of the NC Pharmacist Recovery Network (PRN). Mr. Floyd had appeared before the Board in March of 2006 requesting reinstatement of his pharmacy license but at that time criminal charges had not been finalized. It was the members decision at that meeting to take this matter under advisement and reconsider his request following the final results of the criminal charges and that Mr. Floyd ask the District Attorney to provide a written summary of the final disposition of pending charges in Avery and Catawba Counties to the Board and then the Board would reconsider his request. 5

6 Mr. Floyd submitted material to the members regarding agreement suspending sentence and commitment on special probation from Avery County dated April 26, He also submitted documentation of an agreement and order to defer prosecution dated 4/26/06. Mr. Peterson stated that Mr. Floyd has been an exemplary client of PRN and is complying with his contract. He has had 25 negative drug screens and is active in many meetings. He fully supports the reinstatement of Mr. Floyd s license. Following all testimony and evidence the members went into closed session to deliberate this matter. When the public session resumed President Chater read the decision of the Board to reinstate the license of Mr. Floyd made on motion of Mr. Haywood, seconded by Dr. Chesson and accepted with no dissenting votes. The Order can be found elsewhere in these Minutes and is incorporated by reference herein. Pharmacy Technician Brad Anderton Marijuana Possession Charge Mr. Anderton was present and spoke to the members regarding his desire to register as a pharmacy technician. He indicated that he was a freshman in college and got with the wrong crowd when he was charged with marijuana possession in 1997 in Florida. He has since completed his four year college degree and has become a productive, contributing citizen. He regrets his behavior during those early years but is now a responsible person. He is a store manager with Walgreens and would like to register as a technician with Walgreens. He has had no other charges since the 1997 incident. He states that incident scared the life out of him and he learned his lesson. Following questions by the Board members it was their consensus that Mr. Anderton be allowed to move forward with his application to serve as a pharmacy technician with no action by the Board preventing the application process. Mortgage Payment The members were again given the information prepared by Financial Director Gal Brantley regarding why it would not be in the Board s best interest to pay off the building mortgage early. The members decided to take this information under advisement with no action. Closed Session It was moved by Mr. Haywood, seconded by Dr. Chesson for the Board to go into closed session to discuss litigation matters with Board counsel and to discuss personnel matters with Mr. Campbell. The motion passed with no dissenting votes. Following the closed session it was moved by Mr. Haywood, seconded by Dr. Dennis to return to open session and the motion passed with no dissenting votes. There being no further business for discussion the meeting adjourned at 2:50 p.m. _ Rebecca W. Chater, President Wallace E. Nelson, Vice President J. Parker Chesson, Jr. 6

7 L. Stan Haywood Robert Joseph (Joey) McLaughlin, Jr. Betty H. Dennis 7