Thursday, April 10, 2008 -- 9:00 a.m. EDT
Office of the Board of Pharmacy
4305 South Louise Avenue
Sioux Falls, SD 57106
Members Present: President Duncan Murdy, members Arvid Liebe, Steve Statz, Jeff Nielsen, and by conference call, Arlene Ham-Burr.
Others Present: Executive Secretary Ron Huether; Earl McKinstry and Randy Jones, SD Board of Pharmacy inspectors; Bob Mayer, SD Attorney General’s Office; Russell Janklow, Attorney; Maria Eining and Phil Loving, Health Professional’s Assistance Program; Brian Lounsberry, Melissa DeNoon and Helen Fong, Walgreens; Bill Ladwig, Lewis Drug; Steve Petersen, Pharmacy Director, Avera McKennan Hospital; Joe Reiland, Avera McKennan Hospital; Danny Weiss and Deb Halseth, representing Pharmerica; Ann Oberg, SD Association of Pharmacy Technicians; and Rene Hixon, Board of Pharmacy Secretary.
The meeting was called to order by President Murdy at 9:00 p.m.
The meeting agenda was accepted and approved by a vote of the board members.
Disciplinary Actions
Rodney Paul (R-4431)
The Board reviewed the violations listed in the “Stipulation for Entry of Consent Order” presented by Deputy Attorney General Robert Mayer. Paul agreed to probationary status for a period of five years concurrent with mandatory participation in the South Dakota Health Professionals Assistance Program. Paul acknowledged his recent treatment for addiction to controlled substances and his commitment to assist the Board in establishing procedures for healthcare facilities to prevent diversion. Marie Eining, Program Director, SDHPAP reported that Paul is compliant with his HPAP contract. After thorough discussion Liebe moved to adopt the stipulation agreement. Seconded by Statz. Motion carried, 4-0. Murdy abstained.
Janet McGowan (R4571)
The Board reviewed the “Stipulation for Entry of Consent Order” presented by Mayer. McGowan has agreed to three years participation with mandatory participation in the SD Health Professionals Assistance Program. Eining reported that McGowan is compliant with her HPAP contract. After discussion Nielsen moved to adopt the stipulation agreement. Seconded by Statz. Motion carried, 4-0. Murdy abstained.
Michael Watson (4023)
The Board reviewed the violations listed in the “Stipulation for Entry of Consent Order” presented by Mayer. Inspector Earl McKinstry reported on the investigation that resulted from a complaint regarding certain practices at Pamida Pharmacy in Sturgis. McKinstry reported that these practices have ceased and proper procedures have been implemented. Watson has agreed to comply with the order. Statz moved to adopt the stipulation agreement. Liebe seconded. Motion carried, 4-0.
Deena Leavens (4493)
The Board reviewed the Findings of Fact stated in the “Stipulation for Entry of Consent Order” presented by Mayer. Leavens has agreed to a six months suspension of her South Dakota license. The Wisconsin Pharmacy Examining Board ordered the suspension of Leavens’ Wisconsin pharmacist license for a period of six months. Leavens admitted that she obtained fraudulent payments from her insurance company. After considerable discussion Liebe moved to adopt the stipulation agreement. Nielsen seconded. Motion carried after President Murdy voted in favor to break a tie vote (2-2).
Minutes
Meeting minutes from the December 19, 2007, meeting had been approved electronically by the board members and were posted on the Board web site.
Reports
Financial Reports
The financial reports were reviewed and approved. Activity reports showed number of licenses and verifications processed during the month of November. Monthly revenue reports were discussed.
Inspection Report: Earl McKinstry reviewed the inspections he has completed since January. Randy Jones reported on his first month as a board inspector.
Report from Executive Secretary
Approvals granted in recent months:
OLD BUSINESS
Telepharmacy Rules – Huether distributed the most recent version of proposed telepharmacy rules. These are the result of several meetings from both retail and hospital task forces. Motion was made and seconded that the proposed rules be submitted to the Legislative Research Council and a hearing date set. Motion carried.
NABP Meetings – The National Association of Boards of Pharmacy Annual Meeting will be held in Baltimore, MD, on May 17-21, 2008. A motion was made and seconded that per diem and expenses for four days for four board members and the executive secretary be approved. Motion carried.
Other Business:
Technician Ratio – Brian Lounsbery and Melissa DeNoon presented a request asking for a variance of the two-to-one technician-to-pharmacist ratio and also for a consideration of rule change for same. The variance would be limited to the Sioux Falls Walgreens stores.
Danny Weiss and Debra Halseth, representing Pharmerica, presented a similar request for their long-term care facility.
Bill Ladwig, Lewis Drug pharmacy coordinator, said the Lewis Drug pharmacies would also be interested in getting approved for a 3:1 technician ratio. He asked for clarification on how pharmacy students would fit into the ratio when they were not working as pharmacy interns.
Ann Oberg, South Dakota Association of Pharmacy Technicians, said her organization is concerned that in increasing the ratio: 1) pharmacists use good judgment with supervising technicians; and 2) patient safety is always foremost. She presented sample copies New Jersey and Alabama’s rules where ratio increases have gone into effect. There is also a possibility that federal law (i.e., Emily’s Law) will require pharmacy technicians to have some kind of formal technician education, state registration, or national certification. (According to current Board of Pharmacy records, 30 percent of South Dakota registered technicians are nationally certified.)
A motion was made and seconded that two task forces be organized – one for retail and one for long-term care – to study the wording for changing rules.
Medicap Pharmacy, Tea – Bill Ladwig, Lewis Drug, requested a temporary variance for a drop-off site at the pharmacy located in the Sunshine Store in Tea. Medicap Pharmacy is closing April 12, 2008, and Lewis Drug would like to staff the site with a technician to handle prescription pick-ups. The variance would be temporary or until a pharmacist can be hired. Motion made by Liebe and seconded by Statz to allow Lewis Drug to staff the site with a technician temporarily. Motion carried.
Potential Rules Updates
The group discussed the need to develop new rules or modify existing rules.
The Board directed Secretary Huether to work with pharmacists to develop an initial draft of rules related to USP 797.
Complaints
There were several issues brought before the board that involved miscommunication between prescriber and pharmacist. The Board members directed Huether to contact the SD Board of Medical Examiners for an informal meeting to discuss prescribing practices and also electronic prescribing.
SDSU Scholarship Program – A motion was made and seconded that the Executive Secretary draft a proposal to the Department of Health that would allow the Board of Pharmacy to use Board funds to support SDSU in providing educational opportunities for South Dakota pharmacists and pharmacy students.
2008 Meeting Dates – The next meeting is schedule for Thursday, June 5, at Rapid City Regional Hospital, with the time to be determined. The members will be surveyed to determine a September or October meeting time.
Other Important Dates -
June 6-8 South Dakota Pharmacists Association State Convention, Spearfish
August 7-9 District 5 NABP/AACP Meeting, Fargo
September 9-11 SDSU College of Pharmacy ACPE Accreditation Visit
December 12 Board of Pharmacy meeting, Sioux Falls
The meeting was adjourned at 4:30 p.m.
