Board of Pharmacy

Minutes – April 18, 2007

Page 1

CannonBuilding / STATEOFDELAWARE / Telephone: (302) 744-4500
861 Silver Lake Blvd., Suite 203 / DEPARTMENT OF STATE / Fax: (302) 739-2711
Dover, Delaware19904-2467 / Website:
DIVISION OF PROFESSIONAL REGULATION

MEMBERS PRESENT

DonHolst, R.Ph., Professional Member, Chair

Angelo Chiari, R.Ph., Professional Member, Vice Chair

Sandra Robinson, R.Ph., Professional Member

Sebastian Hamilton, R.Ph., Professional Member

David Bonar, Public Member

Carolyn Calio, Public Member

David W. Dryden, R.Ph., J.D., Executive Secretary

DIVISION STAFF/DEPUTY ATTORNEY GENERAL

Chris Spizzirri, Deputy Attorney General

Judy Letterman, Administrative Specialist II

Jim Kaminski, Pharmacist Administrator

James Collins, Director, Division of Professional Regulation

ALSO PRESENT

Xiem Nguyen

Jack Murphy

Suzanne Raab-Long

Ming Lau

Deborah Hamilton

Angela Park

Bill Waggaman

Bruce DiVincenzo

Julie Miro Wenger

Sudhi Katpadi

Elizabeth Siriboe

MEMBERS ABSENT

Geoffrey N. Christ, Esq., R.Ph., Professional Member

Robb Carter, Public Member

Nancy E. Weldin, Public Member

CALL TO ORDER

Mr. Holst called the meeting to order at 9:29 a.m.

REVIEW OF MINUTES

The Board reviewed the minutes of the March 21, 2007 meeting. Mr. Bonar made a motion, seconded by Mr. Chiari to approve the minutes as presented. The motion was unanimously carried.

UNFINISHED BUSINESS

District II Meeting Update

Mr. Dryden reported that due to lack of financial support the District II is going to be a two-day meeting held October 11-12, 2007. A briefing has been drafted as an information source for the meeting. Preliminary menus, directions to the hotel, hotel registration information and a “Save the Date” correspondence, have been drafted.

Automated Prescription Machine Review

Mr. Holst reported that the Committee met on April 11, 2007. Handouts of Regulation 15, the NABP Model Rules for automation and the Asteres presentation were distributed. The Committee was asked to review the distributed material and to determine some of the issues surrounding automation for the next meeting. Mr. Murphy will review other State law. Mr. Dryden will inform ONDD of the Committee assignments and will contact Montana and Kentucky for their Regulations regarding automation.

Regulation 3

Mr. Holst reported that the remodeling application was completed and was available on line.

Regulation 2

Mr. Dryden reported that ONDD requested the Board consider amended language for the Regulation 2 proposed regulatory amendments for prescription retention by a pharmacist. The Board considered the ONDD proposal and approved the following for the June hearing.

“Pharmacists may, in good faith and upon reasonable belief, withhold suspected forged prescriptions for release to law enforcement. When, in the judgment of the pharmacist, it is not prudent or possible to retain a suspected forged prescription, the pharmacist may exercise the option of making and retaining a copy of the prescription for release to law enforcement. Reporting the incident to law enforcement supports the personal responsibility of the dispensing pharmacist to be constantly vigilant against forged or altered prescriptions.”

Strategic Plan

Mr. Spizzirri reviewed the area of strategic planning with the Board. As part of the planning the following areas will be addressed: substantially related crimes; pedigree review; emergency planning; and compounding.

Planned Parenthood Issue

Mr. Holst reminded the Board that at the last Board meeting Planned Parenthood had addressed the Board relevant to the pharmacist’s right to deny filling a prescription. The Board was given a handout of the received March 20, 2007 correspondence from the General Assembly addressing this issue. After discussion, the Board requested President Holst and Mr. Dryden to compose a letter addressing the General Assembly’s concerns. The Board requested the letter address the same issues as stated in the Board 2006 Newsletter. The letter should also review the number of complaints received pursuant to this issue. President Holst requested Mr. Dryden to continue to monitor this issue and it should be addressed with recommendation at the next Board meeting.

NEW BUSINESS

Pharmacist-in-Charge Interviews

Mr. Hamilton conducted the pharmacist-in-charge interviews for Angela Park, Sudhi Katpadi and Elizabeth Siriboe. (Ms. Siriboe’s interview was conducted towards the end of the meeting)

Pharmacist Licensure Review

Mr. Bonar, made a motion, seconded by Mr. Chiari, to approve licensure for the following individuals contingent upon candidates meeting all the requirements for pharmacist licensure:

Scott Greene

Richard Fox, Jr.

Marcella Fleming

Eric Mabus

Mark Hopson

Biplob Mitra

Gloria Akinkunmi

Michael Lenczynski

William Mannino

The motion was unanimously carried.

Pharmacist Consultant Interviews

There were no consultantpharmacist interviews.

Committee Reports

Joint Practice Committee – No report.

Physician’s Assistant Report – Sebastian Hamilton, R.Ph.: Mr. Hamilton reported that the committee met on April 3, 2007. The committee approved six new applicants for licensure, seven for controlled substance prescriptive authority and two for prescriptive authority. The next meeting is scheduled for May 1, 2007.

Newsletter – David Dryden, R.Ph., J.D, and Angelo Chiari, R.Ph. and Don Holst, R.Ph.: The Board requested Mr. Dryden place another description of there policy on prescription refusal from the February 2006 Newsletter. This newsletter will also contain a segment on the recent amendments of Regulations 8 and 9.

Legislative –David Dryden, R.Ph., J.D., and Don Holst, R.Ph., Geoffrey Christ, R.Ph., Esq., David Bonar: Mr. Dryden reported that the Sunset Bill had been forwarded to the General Assembly and awaits review.

Mr. Dryden reported that ONDD has been reviewing ideas to amend the prescription form to aid in their fight against diversion.

Continuing Education –Nancy Weldin and Don Holst, R.Ph., Geoffrey Christ, R.Ph., Esq.: There was no report.

Consumer Affairs – Carolyn Calio, Nancy Weldin, and David Bonar: There was no report.

Professional Liaison – Angelo Chiari, R.Ph. and Sandra Robinson, R.Ph.: Mr. Chiari reported that he attended the Delaware Pharmacists Society (DPS) meeting on March 27 where an update was provided concerning the Planned Parenthood complaint. The convention is scheduled for May 9-11, and they are trying to encourage more corporations tojoin the Society.

Ms. Robinson announced that the Guilt Free Volunteer Leadership Program would be held April 25, 2007.

MPJE Study Committee –Angelo Chiari, R.Ph., Sebastian Hamilton, R.Ph., Sandra Robinson, R.Ph. and James Kaminski: Ms. Robinson and Mr. Kaminski will be developing questions for the MPJE. They will not have to go to out of town for this review.

Inspection Report

Mr. Dryden reported that there were sixteenpharmacies, two hospitals, one nursing home andtwodistributors inspected in March. Three investigations were closed. There were no issues of discipline or significant non-compliance associated with these inspections or investigations.

Board Correspondence

  • NABP e-News dated March 21, 2007 regarding Pharmacy Compounding Discussions at the APhA Annual Meeting.
  • NABP e-News dated April 5, 2007 regarding NABP’s Support of Legislation to Combat Pharmaceutical Counterfeiting.
  • NABP e-News dated April 5, 2007 regarding NABP and ASCP Joint Report on Model Rules for Long-Term Care Pharmacy Practice.
  • NABP e-News dated April 5, 2007 regarding Canadian Internet Pharmacy Sales Drop in 2006.
  • Correspondence from ACPE regarding the Accreditation Standards Manual.

Other Business Before the Board (for discussion only)

None

Next Scheduled Meeting

The next meeting will be held on Wednesday, May 16, 2007 at 9:30 a.m. in Conference Room A, second floor of the CannonBuilding, 861 Silver Lake Boulevard, Dover, Delaware.

Adjournment

Mr. Bonar made a motion, seconded by Mr. Hamilton to adjourn the meeting. The motion was unanimously carried. The meeting adjourned at 10:34 a.m.

Respectfully submitted,

David W. Dryden, R.Ph., J.D.

Executive Secretary