President Wallace Nelson called the meeting to order at 9:00 am with all members present. Also present were Executive Director Jay Campbell; Board Counsel Clint Pinyan; Director of Investigations Karen Matthew; Chief Operating Officer Carol Smith; Director of Operations Kristin Moore; Director of Licensing Rachel Paris; NCBOP Investigator Krystal Brashears; Administrative Assistant Cindy Parham. Present as visitors were: Nicolas Cole Wilson, UNC School of Pharmacy; David Moody and Caroline Ammons, NC Mutual Drugs; Sally Slusher, NCAP; Heidi Barefoot, Target Pharmacy; Stephen Eckel, UNC Hospitals; David Work, NCBOP Executive Director Emeritus; Paul Peterson, NCPRN; and Lisa Smith, Wingate School of Pharmacy. Ethics Statement & Welcome President Nelson 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 Nelson welcomed all visitors to the meeting and asked that they introduce themselves to the members and state their pharmacy affiliation. Minutes of September Meeting The members received the September Minutes prior to this meeting for review. It was moved by Mr. Haywood and seconded by Dr. Dennis to accept the Minutes as submitted. The motion passed with no dissenting votes. NABP Legislative Conference Cole Wilson, UNC School of Pharmacy student, represented the Board at the NABP Legislative Conference held in Washington, DC, September 16-18, 2007. Mr. Wilson reviewed the discussion topics, including the Safe Drug Compounding Act of 2007, Pharmaceutical Market Access and Drug Safety Act of 2007, Online Pharmacy Consumer Protection Act of 2007, Safe Internet Pharmacy Act of 2007, Final Rule for Current Good Manufacturing Practices (CGMPs) for dietary supplements, CMS proposal to eliminate e- prescribing exemption for computer generated faxes and Access to Birth Control Act. Vaccine Rule Mr. Nelson suggested a notice be placed on the Board s website regarding the hearing to be held on November 14 th addressing the vaccine rule. Inquiry from Erin Edwards concerning prescription blank formatting and Medicaid rules Erin Edwards submitted an email suggesting the Board consider a rule or statutory change making prescription blank consistent with Medicaid rules for product selection. Mr. Campbell stated that the format is a product of statute and a change must go through the General Assembly. He suggested a notice be posted on the Board s website concerning the new format and the Medicaid rules, addressing what it is and what it does.
Inquiry from Vincent Lee concerning license renewal deadlines Mr. Vincent Lee of Onslow Memorial Hospital in Jacksonville, NC, emailed Mr. Campbell suggesting that the Board terminate the grace period for renewal of pharmacists license. Mr. Lee pointed out that hospitals require their pharmacists to renew their license by December 31 st even though the Board gives a grace period through February 28 th. Following discussion, the Board agreed that this is an internal policy that the hospitals must address with their employees. Reinstatement request of Kelly Long (License # 13493) Hampstead Jay Campbell Kelly Long, accompanied by her attorney, Jeff Weibe, appeared before the Board to request reinstatement of her pharmacist license. Mrs. Long voluntarily surrendered her license to the Board, on May 22 nd, 2007, due to abuse of morphine. Executive Director Jay Campbell proceeded with the case and called Inspector Krystal Brashears, who was duly sworn. Inspector Brashears confirmed that the Investigative report was completed by her, and Mr. Campbell presented a brief summary of the report. Mr. Paul Peterson, Executive Director of Pharmacist Recovery Network (PRN) testified on behalf of Mrs. Long, stating that she has complied with her PRN contract which was signed on March 3 rd, 2007. Following all testimony and evidence, it was moved by Mr. Haywood, seconded by Dr. Dennis, that the Board go into closed session to deliberate the matter. The Board returned to open session motioned by Mr. McLaughlin, seconded by Mr. Haywood. Mr. Nelson read the Reinstatement decision stating, on a split decision (4 to 2), Mrs. Long be granted reinstatement with conditions. A copy of the reinstatement order can be found elsewhere in the Minutes and is incorporated by reference herein. CPD Project update Stephen Eckel Stephen Eckel, UNC Hospitals, presented the Board an update on the Continuing Professional Development Project (CPD). Mr. Eckel stated that there has been both positive and negative feed back from the project and that the Ontario format originally used has been found not to be the best format for North Carolina. Four out of the five states that began with the project have decided to not move forward at this time. Dr. Dennis suggested that the North Carolina Association of Pharmacists (NCAP) might be a provider for a CPD credit course The members thanked Mr. Eckel for the update on the CPD project. Update on vaccine rule amendment to allow pharmacist administration of Zostavax Mr. Campbell reviewed the effort leading to a published proposed rule amendment to allow pharmacist administration of the Zostavax vaccine. If passed, the amendment would go into affect February 1, 2008. Board Counsel, Clint Pinyan, stated there would be a public hearing held December 14, 2007 to discuss the proposed amendment.
Report on Joint Medical, Nursing, Dental and Pharmacy Board Mr. Campbell stated that he and Mr. McLaughlin attended the Joint Meetings of Boards held on September 19, 2008. He thought it was an interesting meeting with some useful information shared for interacting with the press. Update on Medicaid Tamper-Proof Prescription Requirements Mr. Campbell stated that the new deadline for the tamper-proof prescription pad has been pushed back six months to April 1, 2008. Mr. Campbell stated that he is sharing information about the new requirements in his law and CE classes. Open Mike Session Mrs. Lisa Smith, of Wingate School of Pharmacy, spoke to the Board regarding the additional elective classes that will be offered at Wingate. Professionalism is important for Wingate students and their graduates and they are planning a questionnaire that will be able to select students with high professionalism qualities during admissions interviews. Dr. Dennis commended Wingate on the idea of striving for more professionalism in the profession. Mrs. Smith also gave the statistics update on admission to the Pharmacy school. It was then moved by Haywood, seconded by Mrs. Chater that the Board break for lunch and go into closed session to discuss a personnel matter. Following closed session and lunch, the afternoon open session resumed on motion by Mrs. Chater, seconded by Dr. Dennis with no dissenting votes. Mr. Haywood and Mr. Clesson were not present for the afternoon session. Consent Agenda Following a review of the Consent Agenda it was moved by Mr. McLaughlin, seconded by Mrs. Chater, to approve the Consent Agenda as presented. The motion passed with no dissenting votes. The following items were approved: Prehearing Conference Staff Issued letter of caution and Letter of no Further Action CVS/Pharmacy- Permit #6677 and pharmacist John Caldwell- license # 6177, Hickory NC, were the subjects of a Pre-hearing Conference held September 17, 2007, heard by Board member Dennis, regarding the diversion of controlled substance by a technician employed at the pharmacy, who voluntarily surrendered her registration to the Board on August 31, 2006. Recommendation: Staff Letter of Caution to CVS Pharmacy and a Staff Letter of No Further Action Necessary to John Caldwell.
Consent Order Reprimand CVS/Pharmacy permit #6679, High Point, NC, was the subject of a Pre-hearing Conference held July 16 th, 2007 and heard by Board member Stan Haywood regarding allowing an unregistered technician to work and fulfill duties of a pharmacy technician; diversion of 50,000 dosage units of Schedule II and Schedule IV medications. Recommendation: Consent Order of Discipline of Reprimand; Accepted by Brooke Wall-Curran, Pharmacy Manager on September 25, 2007. Suspension Wayne A. Hudson, license # 9930, Charlotte NC, was subject of a Pre-hearing Conference held June 18 th, 2007, heard by Board member Nelson regarding the misinterpretation of a physician s order for Lovenox when the physician s order was to review the previous Lovenox prescription, not to renew the previous prescription. Recommendation; license suspended 10 days with conditions, stayed 5 years; Accepted by pharmacist Hudson on October 5 th 2007. A copy of the Consent Orders can be found elsewhere in the Minutes and are incorporated by reference herein. Increase in Pharmacist to Technician Ratio: 1) CVS Phcy #06616 Elizabethtown, NC - Jerri Ann Uhlir RPh 2) CVS Phcy #06731 Mooresville, NC Gregory Oglietti RPh 3) CVS Phcy # 06598 Dallas, NC Robert Miller RPh 4) CVS Phcy # 06706 Lexington, NC Barbara Giurintano RPh 5) CVS Phcy # 06777 Shelby, NC Lynn Scruggs RPh 6) CVS Phcy # 07240 Raleigh, NC Jennifer Carey RPh 7) CVS Phcy # 06560 Haw River, NC Michael Frey RPh 8) CVS Phcy # 06785 Stanley, NC Amy R Trenery RPh 9) CVS Phcy # 07181 Cornelius, NC James David Dalmas RPh 10) CVS Phcy # 06554 Boing Springs, NC Tonys Gantt RPH 2008 Pharmacy Leaders Forum Location Kristin Moore, Director of Operations, gave a presentation of her research of hotels for the Leaders Forum upcoming in February, 2008. She recommended either the Proximity Hotel or the O Henry Hotel, both in Greensboro. Mr. Campbell recommended that she inquire about price for both hotels and that staff select an appropriate facility. The Members agreed. Internet-Based Veterinary Pharmacies Mr. Campbell spoke to the Board about the number of internet-based veterinary pharmacies and the fact that the North Carolina Board of Pharmacy is now requiring Verified Internet Pharmacy Practice sites (VIPPS) certification for Internet pharmacies. NABP does not, however, issue the VIPPS credential for veterinary pharmacies. Upon staff recommendation,
the Board agreed that for 2008, Internet-based veterinary pharmacies will be allowed to renew permits without VIPPS certification, but must comply with the disclosure requirements for Internet pharmacies. The Board will study the issue of Internet-based veterinary pharmacies and make any needed rule amendments prior to the 2009 renewal season. Financial Reports for September 2007 Gail Brantley, Director of Financial Services, presented to the Board the financial figures for September. She also presented the final numbers for the fiscal year 2007. Mr. Campbell complimented the NCBOP staff on ideas for making the office run more efficiently. Investigative Statistics Karen Matthew presented a bar chart on the investigative statistics. Ms. Matthew complimented Clint Pinyan and his law firm on how efficiently they have been handling the Pre-hearing Conferences. MPJE State Specific Review Meeting January 2008 Mr. Campbell shared information concerning state-specific the MPJE Review Meeting to be held in Ft. Lauderdale, FL in January, 2008. Mr. McLaughlin stated that he would not be able attend the meeting. Mr. Nelson commented that he may be able to attend. Mr. Campbell stated that if a Board member was not able to attend, he would like for Karen Matthew to accompany him as he felt she could obtain some valuable insight on the examination question pool. There being no further business the meeting adjourned at 1:49 pm Wallace E. Nelson, President J. Parker Chesson, Jr., Vice President L. Stan Haywood R. Joseph McLaughlin, Jr. Betty H. Dennis Rebecca W. Chater