9:30 AM (MST) --- FRIDAY, APRIL 1, 2005
STURGIS COMMUNITY HEALTHCARE CENTER, STURGIS, SD
Members Present: President Duncan Murdy; Board members Arvid Liebe, Nora Hussey; and Executive Secretary Dennis M. Jones. Excused Absent: Member Stephen Statz.
Others Present: Board Inspector, Ronald Huether
President Murdy opened the meeting at 9:30 a.m.
OLD BUSINESS
Letter to Tel-Drug
Board member Liebe asked that the minutes of February 18, 2005, reflect the same language as the letter sent to Jeff Nielsen of Tel-Drug on March 22, 2005, regarding the board’s position on Tel-Drug’s request for additional technician personnel. Jones informed the members that the board’s minutes will be changed to reflect the same language as the letter and the burden of proof is on the pharmacist-in-charge.
Deadline for New HIPAA Rule
April 20, 2005, is the deadline for the new HIPAA Security Rule to take effect. A reminder for pharmacists, to learn more they should contact their state association, national organizations or HIPAA directly. This part of the new HIPAA regulations deals mainly with security of private health information in computer, e-mail, other equipment used by the employers-employees during business.
Medicare Part D
A program to educate pharmacists on the Medicare Part D drug benefit is available from the National Community Pharmacist Association at www.pharmacistelink.com/medicare. The program covers the structure of the Medicare drug benefit scheduled to begin January 1, 2006. The Board encourages pharmacists to start now to familiarize themselves with this new federal program.
Follow-up
Jones reported to the board that he has talked to HPAP Director, Mr. Coley, regarding the pharmacist placed on probation earlier this year and that the pharmacist is following the terms of the probation. First report is due in June.
Jones reported that he has personally visited with the pharmacist and the employer and stated that things are going well, that the pharmacist has a good attitude and is willing to do what is asked.
NEW BUSINESS
Previous Minutes
Motion to approve minutes of February 18, 2005, meeting with change made by Liebe, second by Hussey.
Budget
The members reviewed the budget report. Liebe made a motion that Secretary Jones write a letter to Department of Personnel and Secretary Hollingsworth requesting the state adjust the pay scale for state pharmacists. Motion to approve report and letter by Hussey. Seconded by Liebe. Motion carried
District Meeting Notice
The 68th Annual Meeting of the National Association of the Boards of Pharmacy and American Association of Colleges of Pharmacy will be held this year in Minneapolis, Minnesota, on August 11-13, 2005, at the Marriot Minneapolis Airport. Registration forms will be mailed out in early June. Motion by Liebe for Secretary Jones to submit a request for the members to attend this annual meeting and that the expenses and two days per diem be paid for the members.
Seconded by Hussey. Motion carried
The 70th District Meeting
South Dakota will be host to the 70th District meeting in 2007. The members discussed the meeting location and it was decided the best area to attract and meet requests is the Black Hills and will try to host the meeting in Deadwood, South Dakota. Secretary Jones shall contact Deadwood hotels and Deadwood Chamber of Commerce for information. Reservations must be made at least two years in advance.
Experiential Education
The board had been asked by Dean Kaatz, College of Pharmacy, whether current rules on the Administration of Influenza Vaccine will permit a P4 and P3 pharmacy student, not yet registered by the Board to participate during influenza vaccinations on their clinical rotations. The pharmacy student will have completed all educational certification requirements and College of Pharmacy training requirements for administer influenza vaccine.
After some discussion the board consensus was that this is part of college training and education and if the student has been certified by the board they may administer only when working with a preceptor who is certified by the Board to administer influenza vaccines. This would be within the scope of the law during the externship. Motion to approve by Hussey, second by Liebe. Motion passed. This information has been provided to the college.
South Dakota Pharmacists Association Annual Meeting
The annual convention will be held in Huron, South Dakota on June 3-5, 2005. Board members are encouraged to attend this informative meeting. Motion by Liebe to pay for approved expenses such as registration, hotel , mileage and two days per-diem. Seconded by Hussey. Motion carried.
Inspectors Report
Pharmacy Inspector Ronald Huether gave an updated report to the members covering pharmacies he and Inspector Clifford Thomas have visited in the last several months. Huether has completely revised the inspection forms used for inspection of pharmacies based on the type of operation. He and Thomas are now both using these more appropriate and complete forms. Huether will present a form for use in inspecting nursing home medications at the next meeting.
Perpetual inventory of controlled substances and other medications with a potential for loss was discussed. A Perpetual Inventory means an inventory of drugs that is maintained and rectified often enough to verify the count is accurate all the time. Huether recommended that he and Inspector Thomas do some joint inspections. They would like to make sure that they are providing similar inspections.
Foreign Pharmacies
The Board discussed the current situation and continued violations of both State and Federal regulations by foreign pharmacies in South Dakota. Jewett Drug of Aberdeen has brought a law suit against Canada Drug and other foreign pharmacies operating within this state. They would also like the Board to use its injunctive powers found in SDCL 36-11-65 and ask the Attorney Generals Office to enforce the laws being violated. Motion by Liebe to have Secretary Jones contact the Attorney Generals Office for advice. Second by Hussey. Motion carried.
Task Force
The board has discussed the adoption of Chapter 797 by the United States Pharmacopeia, National Formulary several times this past year. It seems USP/NF is not sure just how the final standards will be and therefore most states are reluctant to adopt or write regulations.
Chapter 797 deals with the new standards for compounding parental products and is enforceable by the FDA, Boards of Pharmacy and JCAHO. State laws and Board of Pharmacy regulations will require the adoption of these standards by state law. For the Board to adopt regulations to enforce these new standards much work and planning will be needed. The Board discussed forming a task force from the state’s profession pharmacists would be the first step. A target date of April 2006 is planned. This will be discussed at the upcoming NABP meeting in May 2005.
Motion to develop an ad-hoc committee by Hussey, seconded by Liebe.
Jurisprudence Examination
The jurisprudence examination will be given at 10:00 a.m. on April 29, 2005, in Brookings, South Dakota. A hooding ceremony will be held the same evening and board members are invited to attend if possible.
Legislation Adopted
The 2005 Legislature adopted legislation to revise certain provisions relating to professional and occupational licensing boards. One of the major changes was in SDCL 36-11-23 that starting in 2006 each pharmacist shall annually by October first pay to the board a fee to be fixed by the board in compliance with Chapter 1-26, not to exceed one hundred fifty dollars. Upon payment of the fee by a pharmacist, the Board of Pharmacy shall renew the pharmacist’s certificate of registration. Any pharmacist who fails to pay the renewal fee by the due date is subject to suspension of certificate by the board in compliance with chapter1-26. Any suspended certificate may be reinstated if all delinquent fees have been paid, plus a penalty of twenty-five dollars, and the Board of Pharmacy has approved the application for reinstatement.
Also SDCL 36-11-6 now states that the Board may, upon receipt, pay to the South Dakota Pharmacists Association eighty percent of all fees the board receives from renewals of certificates of registration as a pharmacist.
Liebe made motion that the Board intend to pay eighty percent of renewal certificate fee to the South Dakota Pharmacists Association contingent on the summary of a yearly report as to the appropriate use of these funds starting in 2006. Motion second by Hussey. Motion carried.
Senate Bill 221
Senate Bill 221 was passed during the 2005 Legislative Session and became law. The law establishes certain restrictions regarding the purchase of products containing pseudo-ephedrine or ephedrine and provides penalties for violations. The bill requires that product whose sole active ingredient is pseudo-ephedrine, except those in liquid or gel cap form be kept behind the counter, locked up, or have anti-theft tags. Other combination products will be kept within sight (twenty feet) of the check out counter and a sign shall be posted to advise the customer. More details to follow. This is an opportunity for all pharmacists to help control the misuse of drug products used to produce methamphetamines.
Medistar
An out-of-state business is seeking authorization to provide after-hour pharmacy services to South Dakota hospital pharmacies and long-term care facilities when the facility’s pharmacy is closed.
The Board wants more answers to questions. How will this type of service meet proposed new CMS standards especially in small hospitals? How will the Department of Health view this type of pharmacy service in state licensed facilities? What will the charges be for this service and how will CMS repay cost to smaller hospitals?
Secretary Jones can contact them for a written proposal with the requirement that any pharmacist providing pharmaceutical services in this state have a South Dakota pharmacy license.
Motion by Liebe, seconded by Hussey. Motion carried.
Newsletter
The current newsletter contract with NABP needs to be renewed. The contract is for printing and distribution of all registered South Dakota pharmacists. Hussey made a motion that the Board continue the newsletter with NABP. Seconded by Liebe. Motion carried.
Motion by Liebe to congratulate Nora Hussey on her birthday and her contribution to the 490 total years of experience on the Board. Second by President Murdy.
Next Meeting Date
The next board meeting will be in Sioux Falls, date and time to be announced.
President Murdy adjourned the meeting at 5:00 p.m.
