Mr. Peterson supported Mr. Moore s request and stated that he is an active participant in the PRN program.

Transcription

1 President Rebecca Chater called the meeting to order at 9:00 a.m. with all members except Mr. Haywood present. Also present were Executive Director Jay Campbell; Board Counsel Clint Pinyan; Director of Investigations Karen Matthew; and Chief Operating Officer Carol Smith. Present as visitors were: Sally Slusher and Jamilah Chadwick, North Carolina Association of Pharmacists; Scott Barkentin, Cardinal Health; Heidi Barefoot, Target Pharmacy; David Moody and Mark Copeland, NC Mutual Drugs; Paul Peterson, NCPRN; David Catalano and Chris Buchanan, Walgreens; Peggy Bush, Durham Technical College; Andy Bowman, Campbell University; Lori Setzer, Karen Hammond, and Michelle Bowling- CVS Pharmacy; Reciprocity Candidates Joseph Leone and Gerald Rostholder; Pharmacists Ryan Bycroft and Allen Propst; Attorney Jeff Wiebo; Kim Leadon, UNC School of Pharmacy; Dennis Yoney, Eckerd Drugs; Board staff Rachel Paris. Ethics Statement & Welcome President Chater read 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 were no conflicts noted by any Member. President Chater welcomed all visitors to the meeting and asked that they introduce themselves to the members and state their pharmacy affiliation. Minutes of February Meeting The members received the Minutes of the February meeting prior to this meeting for review. It was moved by Dr. Chesson, and seconded by Mr. McLaughlin, to accept the Minutes as submitted. The motion passed with no dissenting votes. Request of Caisey Moore (License #16381) to Have Pharmacist-Manager Restriction Lifted Mr. Moore was present along with Paul Peterson, Executive Director of the North Carolina Pharmacist Recovery Network (PRN). This matter came on for hearing upon his request of a modification of a June 15, 2004 Board order. Mr. Moore is pursuing the lifting of the restriction that he not serve as a pharmacist-manager from this order. Executive Director Jay Campbell proceeded with the matter before the Board. Mr. Moore stated his life has changed since first appearing before the Board. He is now a father and is interested in perhaps pursuing part ownership in a pharmacy and would like the restriction of not being able to serve as a pharmacist-manager lifted in case the opportunity arises for him. Mr. Peterson supported Mr. Moore s request and stated that he is an active participant in the PRN program. Following all statements and questions it was moved by Mr. McLaughlin and seconded by Dr. Dennis to lift the condition requested by Mr. Moore with all other conditions of the June 2004 Order remaining. The motion passed with no dissenting votes. Inquiries of Caroline Lewis and Jim Gay of Pharmerica Ms. Lewis and Mr. Gay submitted inquiries to the members concerning electronic order entry by long-term care facility nurses. The Board of Pharmacy discussed the inquiry concerning

2 electronic transmission of physician orders by long-term care facilities and have a few follow up questions. The Members instructed Mr. Campbell to correspond with Ms. Lewis and Mr. Gay, inviting them to attend one of our upcoming meetings to discuss the program more in detail with them. Ryan Bycroft (Lic #16507), Indian Trail Post-Summary Suspension Hearing Mr. Bycroft and his attorney, Jeff Weibe, addressed the members regarding Mr. Bycroft s request for reinstatement of his pharmacist license, which had been Summarily Suspended by the Board in February Board Counsel Alex Elkan proceeded with the case for the Board. The Board heard testimony from Mr. Bycroft; Paul Peterson, Executive Director of the NC Pharmacist Recovery Network; and Board Investigator Jason Smith. These proceedings were tape recorded. After hearing testimony and receiving evidence, the members went into closed session to deliberate this matter. When the public session resumed President Chater read the Order Reinstating License made on motion of Mr. McLaughlin, seconded by Mr. Nelson, and passed with no dissenting votes. The Order can be found elsewhere in these Minutes and is incorporated by reference herein. Reciprocity Candidate Review Gerald Rostholder was present regarding charges listed on his Data Questionnaire submitted in pursuit of a reciprocity license in North Carolina. He admitted to diverting morphine sulfate from his employer while working at a hospital in New York. Following all testimony and evidence, it was moved by Dr. Chesson, seconded by Mr. McLaughlin, to deny Mr. Rostholder s request to reciprocate to North Carolina. The motion passed with no dissenting votes. Joseph Leone, was present regarding a felony conviction listed on his application to reciprocate to this state. Executive Director Campbell stated that it would be staff s recommendation to deny Mr. Leone s reciprocity request because of the seriousness of the conviction and also that his license is still on probation by the New Jersey Board and believes it would be best to postpone reciprocity until the probationary period has been completed. Following questions and testimony the members went into closed session to deliberate this matter. When the public session resumed President Chater read the Order Regarding Reciprocity for Mr. Leone, which can be found elsewhere in these Minutes and is incorporated by reference herein. Michael Hamilton has submitted an application to reciprocate to North Carolina and Mr. Campbell remarked that, upon review of his application, Mr. Hamilton s fitness to practice pharmacy is in question. Mr. Hamilton is not present for this meeting and it was the consensus to table the matter until Mr. Hamilton could appear. Report on Free Clinic Association Meeting

3 Mr. Nelson and Mr. Haywood participated in the free clinic association committee meeting held at the Board office on March 7 th. Mr. Nelson reported that Mike Darrow of the Association was present for discussion. Mr. Darrow suggests that a fact sheet with questions and answers be developed outlining what is required by the Board for free clinics. Everyone felt this was a good suggestion and now bring it to the Board for their input. All members were in consensus with this suggestion and Mr. Campbell stated that this would be a good student project. There will be a student rotating through the Board office in the fall and perhaps this would be a good assignment for them. All members were in agreement with this suggestion. At the committee meeting Mr. Darrow invited any Pharmacy Board members to attend the Association s annual meeting. Mr. Campbell remarked he could not attend and no Board member had indicated their availability to attend so David Work would represent the Board at this meeting to be held April in Greensboro. Report on the American Pharmacists Association (APhA) Annual Meeting Executive Director Campbell attended the APhA annual meeting in Atlanta recently and reported that one issue the Board members need to be aware of is that the Food and Drug Administration is contemplating a third class of drugs that could only be dispensed by a pharmacists. As more information becomes available regarding this issue he will pass it on to the Members. Mr. Campbell also stated that North Carolina was well represented at the meeting with many pharmacists serving on panels for the meeting. Open Mike Session Andy Bowman of Campbell University School of Pharmacy was present to report on the activities at the School and update the members on the progress of the new pharmacy building being erected on campus. Kim Leadon of UNC School of Pharmacy updated the members on activities at UNC and the student enrollment/admissions progress for the fall of 07. The members thanked both Dr. Bowman and Ms. Leadon for their attendance and the information shared with the Board. Pharmacist Allen Propst was present to speak to the members regarding the number of audits pharmacists are subject to in their pharmacies each year and the affect it could have on public safety. He stated he would like to see a Pharmacy Audit Bill of Rights put into place. He has contacted the Commissioner of Insurance s office who has stated this type of concern is not in their jurisdiction. Mr. Campbell stated that the Board cannot resolve insurance issues. All members felt that Mr. Propst had a legitimate concern regarding this matter, as all pharmacists do, but did not have a solution to the matter. Mr. Propst also stated another concern that he wanted to share with the Members is that Congress has introduced a bill to federalize compounding. The bill was co-authored by a representative from North Carolina. The Board indicated that Mr. Campbell could write a letter relating the Board s concern of this issue. Mr. Campbell will also place the compounding issue on the Board s April agenda for further discussion.

4 Rules.2510 Waiver of Practical Examination Requirement Mr. Campbell distributed a draft of an Order of the Board in regards to a waiver of the following rules: 21 N.C.A.C [partial waiver] 21 N.C.A.C (a)(3) 21 N.C.A.C Following review and discussion of the proposed Order it was moved by Mr. Nelson, seconded by Mr. McLaughlin to go forward with the Order as proposed with effective date of this meeting and the motion passed with no dissenting votes. The Order can be found elsewhere in these Minutes and is incorporated by reference herein. Administration of Zostavax by Pharmacists Mr. Campbell stated he had met with the Allied Health Committee of the NC Medical Board regarding the administration of Zostavax by pharmacists and they were not as receptive as he had hoped to this proposal. It was recommended that the Vaccine Committee be convened within the next month to discuss this issue for any strategy that needs to be taken to readdress this matter with the Allied Health Committee. Work Hours/Break Rule Report of Implementation The proposed rule.2506 dealing with pharmacists work hours has been renumbered to rule.2512 and becomes effective April 1, Mr. Campbell suggested that a grace period of six months be put into place for enforcement of the rule. Mrs. Chater suggested that the Community Pharmacy Committee of which Mr. Nelson is chair, should meet within the next six month period for discussion and any proposal to the Board for enforcement of the rule. It was the consensus of the members that there be a six month grace period from April 1, 2007 with the period ending October 1, Appointment of Legislative Liaison Pursuant to State Ethics in Government Act Mr. Campbell stated that the new Ethics Act amended the lobbying issue which now allows the appointment of a legislative liaison to lobby as long as the liaison is not hired outside of an agency. He stated his willingness to serve as the liaison for Board issues. It was the members consensus that Mr. Campbell be appointed to serve as the Board s legislative liaison. Legislative Activity Mr. Campbell reported that there are two bills in the legislature which could affect pharmacists practice. One bill concerns an act to require insurers to cover extra prescriptions during a state of emergency or disaster. It deals with the waiver of time restrictions on filling or refilling

5 prescriptions for medication in times of disaster or emergency and includes suspension of electronic refill too soon edits to pharmacies. He will follow the move of this bill through the appropriate channels and keep the members informed of its progress. Another bill is one which would abolish current prohibitions against discovery of information and materials obtained in peer review proceedings for certain health care providers. Paul Peterson, Executive Director of the NC Pharmacists Recovery Network (PRN), spoke to the members regarding this bill, relaying his concern of this language and stated that PRN wants to go on record as opposing this proposed legislation. PRN records confidential information but this bill would make all information open for discovery in civil litigation matters. If this bill becomes law it could effectively destroy the PRN organization. Mr. Campbell suggested that PRN contact the sponsors of the bill and/or others and get on the record of their concern and opposition of the proposal. The Pharmacy Board will also submit a letter of opposition to the sponsors of the bill echoing concerns. Rulemaking Topics Mr. Campbell stated that he, Dr. Dennis and Mr. McLaughlin met over a dinner meeting to discuss possible continuing education (c.e.) language based on statutory authority which will become effective January 1, Pharmacists will begin meeting the new statute during 2008 for the 2009 renewal of their license. The North Carolina Pharmaceutical Association/Tripartite Committee had presented proposed language for consideration to the Board. It as moved by Mr. McLaughlin/seconded by Mr. Nelson to accept the proposed language recommendation as submitted by NCAP for continuing education purposes. The motion passed with no dissenting votes. Mr. Campbell commented that he anticipates the Board s technology staff will work to modernize the way continuing education is currently reported where pharmacists will be able to enter on their computer continuing education as they obtain it to be recorded on the Board s database. The North Carolina State Bar currently has a system in place which allows attorneys to do this. He also stated that there may be a way for providers to record attendance at any c.e. offerings they sponsor. Another suggestion is that midway through the year a pharmacist will be sent an update on their continuing education, via a Board , as recorded on the Board s database so they may be reminded of the amount of c.e. they still need to receive. Also for renewing on line, once a pharmacist pulls up his screen for renewal, the continuing education he has received and recorded online would automatically populate the screen where c.e. is listed. The continuing pharmacist development continuing education would be a little more challenging for reporting purposes but all of these avenues will be studied before implementation is put into place. Andy Bowman, Campbell University School of Pharmacy, who was in the audience, offered his services to work with the Board on implementation of this c.e. project. Update on Ethics Training Requirement

6 Mr. Campbell stated that the deadline for members to have completed the required ethics training is June 30, All members have completed the training except Mrs. Chater who is scheduled to attend the training session being held at the Medical Board on April 18 th. Investigative Statistics Director of Investigations/Inspections Karen Matthew distributed to the members a pie chart displaying a break-down of the 2006 investigative cases by category of practice; i.e., pharmacists, pharmacies, DMEs, etc. Mr. Campbell commented that he credits Karen and her staff for being able to generate this type of information to the Board members each month and keeping them informed on a regular basis. MALTAGON 2007 Mr. Campbell stated that each member has received information regarding the MALTAGON 2007 conference to be held September 9-12, 2007 in Point Clear, Alabama. He suggested members check their calendars for availability to attend this conference if possible. Report from Gigi Davidson Concerning Veterinary Pharmacy References Mr. Campbell commented that Gigi Davidson had responded to his inquiry regarding references that a veterinary pharmacy should have in their facility. He suggested that the references be placed on the Board s website under the FAQ section with Gigi s name and phone number included in case a pharmacist has a specific question regarding the listing. The members all agreed this was a good suggestion and asked Mr. Campbell to proceed as outlined. Consent Agenda The members considered and reviewed the information provided for the Consent Agenda consideration. It was moved by Dr. Dennis, seconded by Mr. McLaughlin, to approve the Consent Agenda as presented. The following items were approved. Prehearing Conference Recommendation Ares L. Artemes (Lic #4190), Charlotte, and The Pharmaceutical Center #2 (Permit #3013), Charlotte were the subjects of a Prehearing Conference on February 19, 2007 heard by Board Member Chesson regarding the dispensing of Zerit suspension to a pediatric HIV patient; dispensing drugs that were not authorized by prescription; not performing inventories of Schedule II controlled substances; not maintaining accurate records of the prescription filled, or the dispensing or compounding of drugs; allowing an employee to compound medications, including controlled substances, without direct supervision; not maintaining a compounding log; improper recordkeeping; out-of-date medication commingled with regular stock in the compounding room; excess compounded drug product was not labeled and was not stored under conditions to preserve its strength, quality or purity; Schedule II medications were not stored in a safe and secure manner. Recommendation: Artemes license suspended 2 months, stayed 2 years and an active suspension of 2 months and other conditions; permit shall be subject to unannounced inspections by Board investigators at any time. Accepted by

7 Artemes 3/16/07 and Artemes, as President-Treasurer of The Pharmaceutical Center 3/16/07. CPP Applicants Jerry O Neil Williams, Jr., (Lic #07857) Dr. Michael Robson,Internal Medicine/Geriatrics-1309 N. Elm Street, Greensboro Request to Increase Pharmacist/Tech Ratio Greg McKettrick (Lic #14565)-Walgreen s Pharmacy (Permit #09020), Statesville Tracy Wilson (Lic #11701), Missions Hospital (Permit #07294), Asheville James Sainsbury (Lic #16640), Missions Hospital (Permit #01070), Asheville Alla Dibbert (Lic #16809), CVS Pharmacy (Permit #06830), Winston-Salem Reciprocity Candidates Licensed Reciprocity Candidates Licensed March 2007 Board Meeting FNAME MNAME LNAME RCPSTATE DTREGIST Amy Melynda Adams VA 3/27/2007 Mark Logan Bailey VA 3/27/2007 Jeffrey David Baker IL 3/27/2007 George Sutherland Beebe 1 3/27/2007 Allan J Ben-Saull NY 3/27/2007 Susan Shumate Brooks SC 3/27/2007 Carin Elizabeth Burnett CT 3/27/2007 Kelly Lynn Carver KY 4/12/2007 Mary Elizabeth Denby PA 3/27/2007 Jennifer Figueroa PA 3/27/2007 Edward Lee Fingers OH 3/27/2007 Richard Wesley Fischer MI 3/27/2007 Sushmi B Ghanpur ME 3/27/2007 Raman Kaur Gugneja IN 3/27/2007 Helena Heyward DC 4/12/2007 Georgios Iliou NY 3/27/2007 Diane Lynn Jones OH 3/27/2007 Jeffrey Michael Jurek VA 3/27/2007 Edward Gaeton Leake PA 3/27/2007 Jeffrey Daniel Lynch MA 3/27/2007 Nancy Ann Messina MA 3/27/2007 Stacey Marie Morrison MA 3/27/2007 Heena Sanjiv Patel MA 3/27/2007

8 Reciprocity Candidates Licensed March 2007 Board Meeting FNAME MNAME LNAME RCPSTATE DTREGIST Palak Anil Patel IL 3/27/2007 Gina Gay Powell GA 3/27/2007 Brian G. Prewitt OH 4/12/2007 Donald Brent Richardson SC 3/27/2007 Alexis Michel Robinson VA 3/27/2007 Joel David Sebok MI 3/27/2007 Marko Stankovic PA 3/27/2007 Michelle Rae Trabold PA 3/27/2007 Tammie Lynn Wallace HI 3/27/2007 There being no further business the meeting adjourned at 2:05 p.m. Rebecca W. Chater, President Wallace E. Nelson, Vice President J. Parker Chesson, Jr. Not Present L. Stanley Haywood Joseph (Joey) McLaughlin, Jr. Betty H. Dennis