8:00 AM --- MONDAY, SEPTEMBER 26, 2005
BOARD OF PHARMACY OFFICE --SIOUX FALLS, SD
Members Present:: Vice-President Stephen Statz, member Arvid Liebe and Executive Secretary Dennis M. Jones. Excused Absent: President Duncan Murdy and Nora Hussey.
Vice-President Statz opened the meeting at 8:00 a.m. Two members of the Board constitutes a quorum according to SDCL 36-11-5.
OLD BUSINESS
Previous Board Minutes
Motion to approve minutes of April 1, 2005, meeting and the telephone conference call meeting of May 2, 2005, by Liebe, second by Statz.
Budget Report
The members approved the budget report as presented. Motion by Liebe, second by Statz.
District V Meeting
Members Statz, Liebe and Secretary Jones attended the District V Meeting in Minneapolis, August 11-13, 2005. The highlight of the meeting was a panel discussion on Canadian Drugs Importation. Panelists were Ron Guse, Manitoba; Cory Wiberg, Minnesota state official; and Chris Ward, Canadian Parliament member. This was a very interesting discussion and drew a lot of comments from the audience. Mr. Wiberg discussed how he was appointed by Governor Pawlenty to inspect Canadian pharmacies and the process he used to make that selection. The selected Canadian pharmacies were posted on the Minnesota state web site to help Minnesotans order their prescriptions from Canada. This is a violation of both federal and Minnesota state laws.
Mr. Ward responded by discussing the displeasure of most Canadians and his government with the State of Minnesota. Mr. Ward was very critical of comments made by Gov. Pawlenty, especially “show me the dead Canadians”. He displayed several Canadian newspaper articles written about Canadian citizens killed by unapproved drugs shipped into Canada from foreign markets. He stated that low drug supplies in Canada are forcing many suppliers to look to foreign drug makers, many which are unapproved by Health Canada. Normal supplies are being used to fill American mail orders.
The Boards and Colleges faculty members had a round table discussion with University of Minnesota Student Services personnel. One major concern was the position expressed by a majority of college faculty on chemically impaired pharmacy students.
Up-date from Attorney General’s Office
The Attorney Generals Office is working on the Board’s request to bring legal action proceedings against Canada Services, and similar services according to SDCL 36-11-65.
NEW BUSINESS
From discussion and information learned at the District V Meeting, the members discussed their concerns about accepting pharmacy students with unknown drug problems into the College of Pharmacy. Pharmacy students could be approved by the board unknowingly for internships in retail, hospitals, and like businesses with drug problems that could present serious risk to state citizens’ health and safety as well as a liability for the businesses where they intern. The Board is responsible for registration and approves all internships.
Liebe moved that Secretary Jones draft a letter to the College recommending a meeting to discuss possible random testing as part of the screening and entrance process. Second by Statz.
Sale of Ephedrine and Pseudoephedrine Products in South Dakota
The 2005 legislature enacted restrictions on the sale of products containing ephedrine and psuedoephrine as their main ingredient or in combination with other drug entities.
Products that contain ephedrine or pseudoephrine as the main ingredient must be sold from behind the counter and requires the customer to ask for assistance. Not more than two packages maybe sold in a single transaction. Products that do not have ephedrine and psuedoephedrine as the main ingredient may be sold if displayed not more than twenty feet from a sales counter or may be offered for sale without restrictions if the products use any type of anti-theft device system. There is more language to this new law, but these are the main requirements. Liebe moved that the board inspectors encourage stores to record sale of these products so the board’s inspectors identify any particular problems. Motion seconded by Statz
Proposed Legislation
The members discussed the need for legislative help and suggested Secretary Jones draft language to address the following: 1) The illegal drug importation into South Dakota, to strengthen the language of current statutes similar to Oklahoma; 2) add language to statute SDCL 36-11A to require licensure of wholesalers and manufacturers to sell OTC’s in South Dakota; 3) to require and adopt language to prohibit any person from obtaining or attempting to obtain a prescription by fraud, deceit, misrepresentation, or forgery and establish a level of crime punishable by law.
Motion by Liebe, second by Statz
Complaints
The Board received a complaint about the operation of a rural pharmacy that may be violating regulations. The Board directed Jones to have an inspector visit this pharmacy and determine if violations are occurring. If violations are determined to be occurring and the pharmacist refuses to change, Secretary Jones shall ask him to appear before the Board to address the violations. This will be discussed further at the next meeting.
Liebe moved to send board’s inspector to investigate. Second by Statz
Discipline Hearings
The board is currently investigating actions by some pharmacists that hold South Dakota licenses that may require a Board discipline hearing. Jones will consult with the Attorney General’s office before moving forward. If it is determined that a hearing needs to be conducted, arrangements will be made for the Board to hold the hearings at the December meeting.
Inspection Report
The inspectors were not at this meeting. Liebe moved that a short report from the inspectors be available for the Board members to review. The reports would summarize such areas as the number of inspections, violations, and a brief summary of out-of-ordinary activities or concerns for the Board’s member information.
Seconded by Statz
Tele-pharmacy
The members asked that Jones contact Minnesota, Iowa, North Dakota and NABP about information they could share on tele-pharmacy. The members want to discuss how this could help pharmacies at risk, and how Medicare Part D and critical access hospitals would be affected. Statz recommended that this be placed on the January-February meeting schedule.
Unattended Pharmacies
The members are concerned that some pharmacies are not always opened by a pharmacist, or that a drugstore that houses a licensed pharmacy is kept open without a pharmacist present in the store. Jones will address this with the inspectors and report back to the members at the next meeting.
Verification Accreditation of Wholesaler Distributors (VAWD)
The National Association of Boards of Pharmacy will verify wholesale distributors similar to the process used to verify internet pharmacy practice sites (VIPPS). NABP is working with the FDA and other pharmacy organizations to help identify those legitimate licensed wholesale businesses.
Next Scheduled Meeting
The next meeting will be held December 9, 2005, in Sioux Falls, SD starting at 8 a.m.
The meeting adjourned.
