Board Meeting Minutes

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Friday, September 5, 2008  -- 9:30 a.m. CDT
Avera McKennan Hospital
800 East 21st Street
Sioux Falls, SD

Members Present:  President Duncan Murdy, members Steve Statz, Jeff Nielsen, and Arlene Ham-Burr.  Excused absent: Arvid Liebe.

Others Present: Executive Secretary Ron Huether; Earl McKinstry and Randy Jones, SD Board of Pharmacy inspectors; Rene Hixon, Board of Pharmacy Secretary; Sue Schaefer, Director, SD Pharmacists Association; Steve Petersen, Pharmacy Director, Avera McKennan Hospital; Ann Oberg, SD Pharmacy Technicians Association; Dennis Hedge, Acting Dean, SDSU College of Pharmacy; Mark Mora, District Pharmacy Manager for Wal-Mart; Bill Ladwig, Pharmacy Director, Lewis Drug Inc.; Brian Lounsbery, Regional Pharmacy Manager for Walgreens; Jim Spencer, Creighton University.

The meeting was called to order by President Murdy at 8:30 a.m.

The meeting agenda was approved by a vote of the board members.

Minutes:
Meeting minutes from the June 5, 2008, meeting were reviewed. These minutes had been approved electronically by the board members and are posted on the Board web site.

REPORTS
Financial Reports:
The Board of Pharmacy financial reports were reviewed and approved.  Huether explained increases for proposed software upgrades and support of College of Pharmacy listed in the FY10 proposed budget.  Objectives for the software improvements include efficiencies in data entry and management and on-line verifications.

Sue Schaefer presented the SD Pharmacists Association financial report and budget. The Association will now have a full-time support staff person. Convention financial support continues to be a challenge as companies are not offering as many sponsorships or grants. 

Activity Reports:

• Inspector McKinstry reported on an investigation follow-up and stressed pharmacy security since there was a break-in and hold-up recently.
• Inspector Jones reported on Consumer Product Safety Commission visits, e-prescribing complaints, and ephedrine compliance visits.
• Bill Ladwig asked that the inspectors develop a standard check-list for pharmacies to assist the pharmacist-in-charge to improve compliance. Discussion was also held on pharmacy counseling.
• NAPLEX and SD Law Exams – The Board is considering implementing the Multistate Jurisprudence Examination (MPJE) to utilize NABP’s test-writing expertise and security instead of administering the paper-and-pencil jurisprudence at the board office.  A motion was made by Statz, seconded by Ham-Burr to send Randy Jones to the National Association of Boards of Pharmacy MPJE review meeting to learn more about implementing the MPJE in South Dakota. Motion approved by vote of board members.
• Statistical reports indicated the number of permits and licenses issued or renewed since the last meeting and the increase in verification requests received by board staff. Discussion was held on Verified Accredited Wholesale Distributor (VAWD) verifications done by NABP and the new wholesale pedigree law.

South Dakota Pharmacists Association – Sue Schaefer reported on several items:

• SDPhA continues to evaluate opportunities and costs for radio and TV ads to promote pharmacy and medication safety. Suggestions were made by meeting attendees for sources for canned spots, companies for support, state agencies to help sponsor, etc.
• It was reported to the SDPhA that law enforcement is frustrated with the state regulation for pseudoephedrine logs. During investigations it is difficult for detectives to determine the total grams for each sale.
• Schaefer asked for a letter from the Board of Pharmacy to clarify rules regarding the administration of immunizations by pharmacists. A resolution passed at the SDPhA convention requested the approval to administer additional immunizations. Additional approval needs to be coordinated with the Boards of Medicine and Nursing.
• Schaefer reported on plans for 2009 SDPhA convention. The focus will be on pharmacy regulation.

Approvals:
A motion was made by Nielsen, seconded by Statz, to grant a temporary pharmacist permit for 60 days to Kimberly Radig, Hettinger, ND. She is in the process of completing reciprocity and will take the jurisprudence exam in early October. The temporary permit will enable her to assist the pharmacy in Lemmon, South Dakota, where the pharmacist owner passed away last fall.  Motion approved by vote of board members.

It was reported than an approval for Automated Mechanical Dispensing Device was granted to Liebe Drug, Milbank.

Inspector McKinstry reported that Medicine Shoppe, Rapid City, is meeting board guidelines for the increased ratio of 3:1 for technicians as approved at the June meeting.           

A motion by Statz, seconded by Ham-Burr, to allow Gloriz Nelson to proceed with the NAPLEX examination after 880 hours of formal internship. She is a foreign pharmacy graduate residing in South Dakota who has worked as a pharmacy technician in Yankton for several years. She has completed the requirements for Foreign Pharmacist Graduate Equivalence Certification. The following pharmacies are providing internship training for Ms. Nelson:  Doug Johnson, Bon Homme Pharmacy; Mark Gerdes, Omnicare; Galen Goeden, HyVee Pharmacy; Matt Lavin, Sanford Vermillion Hospital; and Sue Feilmeier, Avera Sacred Heart Hospital.  Motion carried.

Complaints and Investigations:  Ongoing and new complaints and investigations were discussed. A retail nutrition store located in South Dakota was cited by the Iowa Board of Pharmacy as shipping products containing ephedrine into Iowa.   

NEW BUSINESS:

Dennis Hedge, Acting Dean of SDSU College of Pharmacy, spoke to the board about the Pharmacy Accreditation Visit being held September 9-11. Facilities in Sioux Falls and Brookings will be visited. Huether will represent the Board of Pharmacy during the accreditation process.

There was a break in the general business meeting. Steve Peterson, Pharmacy Director at Avera McKennan, and pharmacy staff gave an educational presentation on sterile compounding practices and a tour of the pharmacy at Avera McKennan.

Huether asked if the board members had any issues for the 2009 legislative session There are no items being considered at this time.

Ann Oberg, National American University, gave a report on the technician certification educational review that will be held September 13. She has also received information about several states adopting rules requiring formal technician education and certification.

Recently the Board has had several requests for emergency drug kits to be placed in unlicensed facilities. An article placed in the board’s quarterly newsletter stated board interpretation of administrative rules regarding emergency kits. Emergency kits are to be used only for facilities licensed by the State Department of Health. There have been requests for kits to be placed and they have been denied.

A new form for Application as a Pharmacy Intern is being implemented this fall. This form will require verification by a representative of the college of pharmacy that the student is enrolled in the professional pharmacy program.

OLD BUSINESS:

Administrative Rules: 
Huether reported on his meeting with the Legislative Research Council. LRC staff was very helpful in improving the format for revisions on telepharmacy rules. At this time, the focus will be on retail portion of the rules. Board members discussed possible changes in the latest revisions and agreed that the approval process could begin.

The rules regarding technician ratio increases were also discussed and it was agreed that these were also ready for the rules hearing process. 

Paperwork will be implemented to facilitate holding a rules hearing at the December board meeting.

USP/NF 7979: Huether is looking at rules put in place by other state boards and will use them as a template to start building South Dakota rules. He should have some draft language put together by the December meeting.

OTHER BUSINESS:

The District V NABP/AACP meeting was attended by Ron Huether, Randy Jones, Earl McKinstry, Arvid Liebe and Arlene-Ham-Burr in Fargo on August 7-9. The 2009 District V NABP/AACP meeting will be held August 6-8 in Omaha, Nebraska.

NABP’s Fall Education Conference will be held December 40-5 in Tucson, Arizona. A motion was made by Arlene Ham-Burr, seconded by Nielsen, for per diem and expenses to be paid for Liebe, McKinstry, and Huether to attend.

The next board meeting will be held December 12, 2008.

Meeting was adjourned at 3:00 p.m.

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