8:00 AM --- FRIDAY, DECEMBER 9, 2005
BOARD OF PHARMACY OFFICE --SIOUX FALLS, SD
Members Present: President Duncan Murdy, members Stephen Statz, Arvid Liebe, Nora Hussey and Executive Secretary Dennis M. Jones
Others: Ronald Huether, Pharmacy Inspector; Mark Gerdes, RPh., Omnicare of South Dakota; Earl Mckinstry, RPh.; Susan Schafer, Executive Director, South Dakota Pharmacists Association; Calvin Thompson, Medistar Healthcare Connections of Arizona; Robert Mayer Attorney, Attorney General’s Office; Richard Travis, Attorney; Victoria Duehr, Attorney; John P. Crumly, RPh.; James M. Cremer, Attorney; Robert Kwasnieski, RPh.
President Murdy opened the business portion of the meeting at 8:00 a.m.
OLD BUSINESS:
Canadian Drugs
The members discussed the on going problems associated with the illegal importation of drugs into South Dakota and the risk and dangers to public health. For many months the Board had sought legal action under the injunction powers authorized by SDCL 36-11-65. With the help of the Attorney General’s Office, a legal hearing was held in November 2005 and the board is now waiting the for the judge’s decision.
Inspections
A summation of recent inspector reports was provided to the members. Only a few minor problems were identified and those are currently being corrected. The board members take very serious any violations of pharmacy regulations and require timely notification of more serious violations that need board action.
District V Meeting
The Board briefly discussed the District V Meeting to be held August 16-18, 2007 in Deadwood, SD. The South Dakota Board will host this meeting.
Tele-pharmacy
President Statz asked that any information on tele-pharmacy regulations or rules from surrounding states be gathered for the next board meeting.
Previous Board Minutes
Motion to approve minutes of September 26, 2005 meeting by Statz, second by Hussey.
NEW BUSINESS:
Board Elections
Motion : Liebe nominated Stephen Statz for Board President. Second by Hussey. Nominations ceased. Motion carried.
Motion: Statz nominated Liebe for Vice-president. Seconded by Hussey. Nominations ceased. Motion carried.
Annual NABP Meeting
The annual NABP meeting will be held April 8-11, 2006 in San Francisco, California. Murdy moved that President Statz be the designated voting member and Secretary Jones the alternate. Seconded by Liebe. The members discussed who could go to the meeting. Liebe and Hussey are unable to attend. Motion for Statz, Murdy and Jones to attend meeting, expenses will be paid by board plus four days per diem for board members. Seconded by Liebe.
Omnicare of South Dakota
Omnicare of South Dakota recently changed addresses to a new location across the street from the previous location. Mark Gerdes from Omnicare requested a waiver of storage requirements for medications in skilled nursing facilities and intermediate care facilities for the mentally retarded in two locations. Gerdes asked that the Board consider a proposal for Omnicare to use AMDD at the Redfield State Hospital and White River Nursing Home if Omnicare bid would be successful securing those businesses. Security, wastage and travel time are some of the issues Gerdes offered as reasons for the request. The AMDD would replace the need for an emergency kit. It would be used to provide only immediate needed drugs, not routine medications for individuals. The Board did not make any decision and has asked Gerdes to request in writing exactly what he wants to do.
In a separate issue, Gerdes explained his concerns about billing issues where OPUS and other unit-dose systems are being used to provide nursing home and assisted living patients medications.
Remote Pharmacy Services
Calvin Thompson, President of Medistar Healthcare Connections of Arizona presented a request for licensure to perform limited non-dispensing pharmacy services in South Dakota by remote from their pharmacy in Phoenix, Arizona. Thompson’s Medistar Plan could provide pharmacy services to hospitals during the hours when the hospital has no local pharmacy services available. He said their pharmacists would be willing to license in South Dakota. The board took no action on the request at this time.
Board Disciplinary Hearings
The Board represented by Attorney Robert Mayer met with two different pharmacists to hear testimony on their violations of pharmacy law. Richard Travis acted as Hearing Officer for the board hearing. The pharmacists were each represented by their attorneys. After the pharmacists gave testimony and were questioned by the board members, the board went into executive session. Each pharmacist was offered different stipulations for their probation. The board’s attorney will draw up the stipulations for probation and will present to them for signature.
Budget Report
The members approved the budget report as presented. Motion by Murdy, Seconded by Liebe.
Licensing of Drug Wholesalers
The board members discussed NABP involvement in verification of drug wholesalers and a back door offer by NABP to replace state boards as the licensing authority for wholesalers and manufacturers.
Motion: Murdy moved for the record that the South Dakota Board would oppose any NABP offering to license wholesalers. This is a state right issue for boards as determined by the legislature. Seconded by Liebe
Fining Authority
The Board is interested in having fining authority for minor violations of pharmacy practice regulations. Discussion will continue on this at a later date. Inspector Huether offered a White Paper report on this topic.
South Dakota Alliance
Various state organizations have formed an Alliance for Patient Safety. This alliance is made up of subcommittees to gather information and offer suggestions on how to work together to improve patient safety in healthcare. The first meeting was held in August 2005 at the Ramkota Hotel in Sioux Falls. The November meeting was postponed because of bad weather. A future date will be determined. Members of this subcommittee are the Boards of Medicine, Nursing, and Pharmacy, plus the representatives from the Department of Health and State Hospital Organizations.
Pharmacy License Request
Director of Pharmacy Dana Darger of Rapid City Regional Hospital has offered a request to issue a pharmacy license for a Cath Lab at the Rapid City Hospital. After discussion the Board asked Jones to write a letter to Darger seeking clarification to questions and need for this pharmacy license. Darger will be invited to next meeting.
Conference Call
A conference call will be held on January 27, 2006
Inspector’s Report
Inspector Huether handed out an overview report of pharmacy inspections completed in October and November 2005. He also discussed how a few pharmacists have allowed technicians to open their pharmacies before the pharmacist was there. This is a violation and was addressed in the July 2002 newsletter and should be printed again. The board members discussed this and pointed out that only the pharmacist is to have keys to a pharmacy. A letter will be sent to pharmacists violating this regulation. Provisions for a pharmacist’s temporary absence has been addressed in the Boards newsletter several times and the regulation can be read at ARSD 20:51:06:10.
The Board would like copies of inspections reports forwarded to them on a regular basis just to keep them abreast of what is happening.
New Pharmacy Applications
Lewis Drug opened a new pharmacy in Brookings and never included a restroom. They are in the Brookings Mall. Application was approved without submitting a floor plan. Motion by Murdy: All new applications for in state pharmacies will be required to submit a floor plan. Seconded by Liebe.
Technicians
Earl McKinstry gave a presentation to the Board members and presented several books which could be used to help meet technicians training requirements of ARSD 20:51:29:16.
McKinstry stated he hopes some day the Boards will require certification of technicians. The members selected one manual that they would like to review and asked McKinstry for copies to review before the next meeting.
Next Scheduled Meeting
The next scheduled meeting will be held February 24, 2006, in Sturgis, SD. Meeting will start at 8:30 a.m. M.S.T.
The meeting was adjourned.
