Members Present: President Arvid Liebe, members Stephen Statz, Jeff Nielsen, and Arlene-Ham-Burr. Excused absent: Duncan Murdy.
Others present: Executive Secretary Dennis M. Jones; Pharmacy Inspector Ron Huether; Sue Schaefer, South Dakota Pharmacists Association; and Rene Hixon.
The meeting was called to order at 9:00 a.m.
OLD BUSINESS:
Minutes of previous meeting were discussed. Items flagged for action by office staff will be carried forward to the next meeting in the agenda. After discussion on corrections to be made, Ham-Burr made a motion to approve the minutes. Seconded by Statz. Motion carried.
Fining Authority
The Board is interested in pursuing fining authority. This issue would need to be researched completely regarding how other states handle fining authority and also what other health boards in South Dakota are doing. Model laws from NABP were presented by Jones as a sample guide for writing fining laws. Each rule would need to be evaluated and an offense determined.
The members agreed that this legislation probably would not be ready for the upcoming legislative session since so much research would be required. It is important to stay consistent with other state boards to gain legislative approval. A report on fining authorities in other states and by other state boards will be brought to the next meeting.
Self-Reporting of Errors
Inspector Huether brought a sample of a self-reporting form that he thought would be a good program to initiate. Sue Schaefer noted that the SD Pharmacists Association has purchased a PQC program from Pharmacists Mutual that pharmacies could purchase reasonably. Discussion was held on pharmacies using software versus having them make up their own program or report forms. Huether will follow-up with Jeff Nielsen and report at next meeting. Schaefer will send a copy of the PQC brochure to the Board members.
Licensure of Nonresident Pharmacists-in-Charge
Statz opened the topic and the pros and cons of requiring South Dakota licensure of pharmacists-in-charge of nonresident pharmacies was discussed. As the statutes and rules stand now, the pharmacist-in-charge of a nonresident pharmacy is required to dispense according to the state where the prescription is filled. The Board asked for a study of how many states are currently requiring this type of licensure and discuss at an upcoming board meeting.
Joint Meeting of Medical and Pharmacy Boards
Sue Schaefer reported that the Medical Association meets next in January 2008. Ham-Burr suggested that the Board of Pharmacy ask for a spot on the agenda at a Medical Board meeting to discuss topics relevant to both boards if it is difficult to organize a joint meeting.
One item for discussion would be patient safety and sharing incident reports. Minnesota has definitions within their law about what can be shared between medical professionals.
Executive Director Position
The Board would like to review candidates for the Board of Pharmacy Executive Director position at the meeting in October. Because of a delay in the Department of Health the position was not posted in newspapers at this time. Jones contacted Bureau of Personnel and asked them to expedite advertising of this position. Schaefer said she would also direct inquiries to the Bureau of Personnel web site.
Vacant Inspector Position
This position was offered to a candidate and was turned down because of the degree of commitment required. The Board would consider reducing the FTE or contracting to complete Board inspections. Huether will check into this with State Personnel.
Office Phone System
The current phone sets are outdated. Jones said he would consult a telecommunications company regarding any new lines that might be needed and what costs would be. This would allow more input into what phone sets available on state contract would be suitable.
Agreement Between Board and Association
An Agreement form between the SD Pharmacists Association and the Board of Pharmacy was presented and discussed. According to SDCL 36-11-6, eighty percent of pharmacist renewal monies may be returned to the Pharmacist Association. The law stipulates how monies are to be used and also that the Association report to the Board of Pharmacy. Motion made by Statz to have the Agreement reviewed by the Department of Health to see if it is necessary. Seconded by Ham-Burr, passed.
Pharmacist Association Update
Schaefer distributed a Fall Update which will be presented at district meetings throughout the state. In addition, quarterly newsletters are sent to pharmacists, pharmacy technicians, and pharmacy students. The pharmacist continuing education bank is still operational and pharmacists may retrieve the hours that they listed last year and use them this year on the Board of Pharmacy renewal system. The Association has assisted the Board several times with mass e-mailings when it was crucial that information be sent out immediately.
According to the DEA web site, legislation has been enacted in 33 states for a prescription monitoring program of controlled substances. South Dakota is one of the eight states listed as a start-up, with 25 currently operating.
Statz said the Association is doing at excellent job of promoting pharmacy in South Dakota. It was recommended that the South Dakota Hospital Pharmacists Association and mail order pharmacists continue to be encouraged to be recognized as a part of South Dakota Pharmacists Association.
Telepharmacy Rules
A rules hearing for proposed rules on telepharmacy and 24-hour pharmacy service will be held Monday, October 15 at 2:30 p.m. at the Board of Pharmacy address. A larger meeting room in the same building would be more suitable and Jones will ask the Board of Nursing if their board room is available on that date.
Budget Report
It was noted on the budget report that BIT had billed for a portion of development costs for the on-line renewal program, which shows an increase in contractual services. A motion to approve the report was made by Statz, seconded by Nielsen. Carried.
NEW BUSINESS:
Tamper-Proof Prescription Pad Legislation
The U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007, mandated state Medicaid agencies require the use of tamper-resistant prescription drug pads for outpatient drugs provided to Medicaid recipients. The law gave an effective date of October 1, 2007. The Board of Pharmacy office is receiving many inquiries from pharmacists on this new legislation. Schaefer presented a letter that outlined how Medicaid providers could come into compliance in such short notice with one of the three features by using a special pen with pigmented ink to write prescriptions. Schaefer will email a copy of this letter from Department of Social Services Medicaid Division of Medical Services to pharmacists in the state to educate them about what exactly is taking place. By October 1, 2008, all three features must be in place: 1. a feature to prevent unauthorized copying of a completed or blank prescription form; 2. a feature designed to prevent the erasure or modification of information written on the prescription by the prescriber; 3. a feature designed to prevent the use of counterfeit prescription forms.
The October Board newsletter will contain an article on this subject.
Future Updates of Rules
Jones went through the chapters of pharmacy rules one by one and prioritized which rules would need to be updated:
Most of the other rules have been updated recently or are new and require no changes.
Pharmacist Renewals
Rene Hixon reported that on-line renewals were starting to come in to the Board Office. Several bugs needed to be worked out the first couple days. BIT staff was very accommodating by getting to the problems as soon as possible. To date an estimated 60 percent of the renewals were occurring on-line. The Association office will send out a reminder to all pharmacists by email blast. The board members agreed that the $25 late penalty should be assessed beginning October 1, with no grace period.
Legislative Days January 22-23, 2008
The possibility of having a joint meeting with the Pharmacist Association Board at Legislative Days was discussed. Schaefer also reported that the South Dakota Pharmacist Convention will be held June 6-8, 2008.
Health Professionals Assist Program
The Board would like to have a report on pharmacists who are currently on probation from Maria Eining, Director of Health Professionals Assist. Jones will contact Eining and place her on the next meeting agenda.
Pseudoephedrine Reporting
Scott Swier contacted members regarding a database for reporting pseudoephedrine sales.
Board member Nielsen asked whether the issue of pharmacists working from home has been addressed. According to the South Dakota pharmacy rules, this would not be allowed.
Jeff Nielsen made a motion that the meeting adjourn. Seconded by Statz. Carried. Meeting adjourned at 4:30 p.m.
The next meeting will be held the morning of October 15, 2007, at the Board of Pharmacy meeting room in Sioux Falls. The rules hearing will be in the afternoon.
