Board of Pharmacy
Minutes – September 19, 2007
Page 2
Cannon Building / STATE OF DELAWARE / Telephone: (302) 744-4500861 Silver Lake Blvd., Suite 203 / DEPARTMENT OF STATE / Fax: (302) 739-2711
Dover, Delaware 19904-2467 / Website: www.dpr.delaware.gov
DIVISION OF PROFESSIONAL REGULATION
MEMBERS PRESENT
Don Holst, R.Ph., Professional Member, Chair
Sebastian Hamilton, R.Ph., Professional Member, Vice Chair
Angelo Chiari, R.Ph., Professional Member
Sandra Robinson, R.Ph., Professional Member
Howard Simon, R.Ph., Professional Member
Geoffrey N. Christ, Esq., R.Ph., Professional Member
Carolyn Calio, Public Member
David W. Dryden, R.Ph., J.D., Executive Secretary
MEMBERS ABSENT
David Bonar, Public Member
Michael Hertzfeld, Public Member
DIVISION STAFF/DEPUTY ATTORNEY GENERAL
Chris Spizzirri, Deputy Attorney General
Nancy Fields, Administrative Specialist II
James Kaminski, R.Ph., Pharmacist Administrator
ALSO PRESENT
Georganne Bloch
Lucy Somer
Julienne Shank
Eric Assibey-Marfo
Barbara Bona
Chris Lowry
Tejal Patel
Gary Calabrese
Barb Knightly
Suzanne Raab-Long
Rose Bender
James McGuire
Deborah Kocinec
Al Hecmeczi
Pat Carroll-Grant
CALL TO ORDER
Mr. Holst called the meeting to order at 9:35 a.m.
REVIEW OF MINUTES
The Board reviewed the minutes of the March 19, 2008 meeting. A motion was made by Mr. Chiari, seconded by Mr. Simon to approve the minutes with edits. The motion was unanimously carried.
UNFINISHED BUSINESS
Legitimate Medical Purpose - Internet Pharmacy Proposal
Mr. Dryden reported that the Internet Bill had been amended. Mr. Collins and Mr. Dryden had prepared a draft amendment that was forwarded to the attention of the Board. The draft had language that would cover the Internet issue under the Pharmacy Act as previously purposed and discussed by the Board. The draft follows the NABP Model Rules which were agreed to by the AMA. The Board has numerous concerns with HB 270 including it was placed in the wrong area of the Code, had administrative and current law conflicts, and that many of its directives were not clear. The Board agreed and requested that Representative Hall-Long be informed that they suggested a group comprised of all stakeholders be developed to review and develop ideas that would review and propose possible amendments to current law that would better handle the internet pharmacy issues.
Gas Committee Report
Mr. Dryden reported that the Gas Committee had met on April 23, 2008. A final draft from the Committee was distributed to the Board. After review, Mr. Christ made the motion, seconded by Mr. Hamilton to approve the draft for a regulatory hearing. The motion unanimously carried.
Nursing Home Committee Report
A regulatory hearing is scheduled for this issue.
Final Check Committee Report
The Committee met on March 19, 2008. The Committee analyzed the current Regulation 5. The Committee discussed error rates associated with workflow balances, the final check’s impact on patient safety, issues of tracking, and the verification of the prescriptive processes. The Board decided that this Committee would be called the “Regulation 5 Review” in the future.
Christiana Medical Center Satellite Expansion
Mr. Helmeczi and Mr. Keaton appeared before the Board and explained CMC’s satellite expansion plans. The Board reviewed and approved of the plans provided.
Drug Disposal
Mr. Dryden reported that a pilot drug disposal had occurred at the Newark senior Center. Mr. Holst recognized that the Board of Pharmacy was thanked for their contribution to the drug disposal. The next drug disposal is scheduled for July 25, 2008 from 9 AM until 1PM at Troop 1A, at the Brandywine Town Center located just off of Naamans and Route 202 Roads.
Consent Order Review 13-06-07
The Consent order for Hugh O’Donnell was signed by the Board.
Hearing Eric Assibey 13-07-07
The Board signed the prepared order for Eric Assibey, R.Ph.
NEW BUSINESS
Pharmacist-in-Charge Interviews
Mr. Hamilton conducted the pharmacist-in-charge interview for Tejal Patel, Rose Bender, Srinivas Potluri, James McGuire and Deborah Kocinec.
Review of Pharmacy Applications
Lucy Somer appeared before the Board for approval of the floor plans for the Happy Harry’s Walgreens Pharmacy located in Hockessin. All building requirements were reviewed and agreed to by Ms. Somer. Mr. Hamilton made the motion, seconded by Mr. Christ to tentatively approve the pharmacy permit pending final inspection by the Board. The motion was carried with Mr. Holst abstaining.
Lucy Somer appeared before the Board for approval of the floor plans for the Happy Harry’s Walgreens Pharmacy located in Seaford. All building requirements were reviewed and agreed to by Ms. Somer. Mr. Hamilton made the motion, seconded by Mr. Simon to tentatively approve the pharmacy permit pending final inspection by the Board. The motion was carried with Mr. Holst abstaining.
Chris Lowry appeared before the Board for approval of the floor plans for the Rite Aid Pharmacy remodel for Seaford. These plans provided for a temporary as well as the remodeling at this same location. All building requirements were reviewed and agreed to by Mr. Mr. Hamilton made the motion, seconded by Mr. Simon, to tentatively approve the pharmacy permit pending final inspection by the Board. The motion was unanimously carried.
Gary Calabrese appeared before the Board for approval of the floor plans for the Happy Harry’s Walgreens Pharmacy (Option Care Enterprises, Inc.). All building requirements were reviewed and agreed to by Mr. Calabrese. Mr. Hamilton made the motion, seconded by Mr. Christ to tentatively approve the pharmacy permit pending final inspection by the Board. The motion was unanimously carried.
Pharmacist Licensure Review
Mr. Hamilton made a motion, seconded by Mr. Simon to approve licensure for the following individuals’ contingent upon candidates meeting all the requirements for pharmacist licensure:
Jinesh Mukundan
Joseph Szurgyjlo III
Sulochana Junnotula
Meghan Calpin
Carrie Ann Chuck
Tamara Joseph
Miriam Chehab
John Standish
Mohammad Farooqi
Heather Kleeman
Elizabeth Kukielka
Eva Alam
Kazal Bahl
Lynda Anne Finis
William Booth
Mohammed Mahgoub
Joseph McGlynn
Amylynn Pizzano
Christopher Smalley
Amit Datwani
Bonita Buesmaill
The motion was unanimously carried.
After some discussion, the Board requested Mr. Dryden to obtain further information for the candidate, Lisa Sanchez. This information will be reviewed at the next Board meeting.
After some discussion, a motion was made by Mr. Hamilton, seconded by Mr. Simon to approve Yves Brian Parker contingent upon meeting all the requirements for pharmacist licensure.
Pharmacist Consultant Interviews
Mr. Hamilton conducted the pharmacist consultant interview for Julienne Shank.
NAPLEX/MPJE Eligibility
Mr. Dryden informed the Board that Maryland and other states are allowing students to take exams before graduation. NABP has informed the Boards that they will probably not honor the scores until after the student has graduated. Board is waiting on a final decision from NABP.
Committee Reports
Joint Practice Committee – No Report
Physician’s Assistant Report – Sebastian Hamilton, R.Ph.: Mr. Hamilton advised the Committee met on 5/6/0/8, there were no applications for licensure, three for controlled substance prescriptive authority and one for prescriptive authority. The next meeting is June 13, 2008.
Newsletter – David Dryden, R.Ph., J.D, and Angelo Chiari, R.Ph. and Don Holst, R.Ph.: No report.
Legislative –David Dryden, R.Ph., J.D., and Don Holst, R.Ph., Geoffrey Christ, R.Ph., Esq.,: Mr. Holst reported that HB 386 “Collaborative Care” had been introduced before the General assembly. The Delaware Pharmacists Society had requested the Board’s support for this Bill. After review, Mr. Christ made the motion, seconded by Ms. Robinson to support the Bill as written. Mr. Hamilton opposed with the rest of the attending members voting in support of the bill. The motion carried.
Continuing Education –Michael Hertzfeld, Don Holst, R.Ph. and, Geoffrey Christ, R.Ph., Esq.: No report.
Consumer Affairs – Carolyn Calio, Michael Hertzfeld, and David Bonar: No report.
Professional Liaison – Angelo Chiari, R.Ph. and Sandra Robinson, R.Ph.: Committee met on March 25 and April 22, 2008 with DPS with Pat Carroll-Grant and presented final assessment and discussed therapeutic interchange. Awards committee presented several awards such as “Pharmacist of the Year”.
MPJE Study Committee –Angelo Chiari, R.Ph., Sebastian Hamilton, R.Ph., Sandra Robinson, R.Ph. and James Kaminski: Ms. Robinson reported that she and Jim Kaminski are still waiting on word on when to submit new questions for the MPJE.
Inspection Report
Mr. Dryden reported that 8 pharmacies, 1 clinic, 4 audits and 9 controlled substance inspections were performed in the month of April. Eleven pharmacies, 7 audits and 11 controlled substance inspections were completed during the month of March. There are four open investigations currently.
Mr. Kaminski reported to the Board of Pharmacy that controlled substance prescribing has taken a huge leap since he was involved in controlled substance audits prior to the Board transfer to the Division of Professional Regulation. There is a problem out there and without the proper monitoring and education of health care practitioners through an inspection program, the problem will continue to grow. He reported that DEA also has expressed a similar concern. Jim stated to run even a standard inspection program with the current personnel is impossible. The Board of Pharmacy expressed concerns and wanted to contact the Governor’s office explaining that personnel is needed to help resolve the problem even though current State budget concerns exist.
Board Correspondence
NABP e-News dated March 20, 2008 regarding Teleconference to Set Internet Pharmacy Standards.
NABP e-News dated March 20, 2008 regarding FDA Draft Guidance on Labeling for Hypertensive Medications.
NABP e-News dated April 16, 2008 regarding Senate Bill Passage to Restrict Distribution of Controlled Substances through Internet Pharmacies.
NABP e-News dated April 16, 2008 regarding ISMP Safe Guidelines for Automated Dispensing Cabinets.
NABP e-News dated April 16, 2008 regarding AMA Policy on Unapproved Compounded Medications.
Mr. Hamilton brought up the every other month schedule. After discussion, Mr. Hamilton made a motion, seconded by Ms. Robinson to go back to having meetings every month with the exception of July and December. The motion was carried with Mr. Holst and Mr. Christ abstaining and Ms. Calio opposing. Mr. Hamilton requested Mr. Spizzirri review the parameters and responsibilities of the Board members and staff. Mr. Hamilton requested information on influential figures that tried to influence their wishes on Board members.
Public Comment
Barbara Bonk and Eric Assibey appeared before the Board and spoke about his complaint. He apologized to the Board for his error associated with this complaint. Mr. Spizzirri reviewed the order and his rights under the order and Delaware law.
Goran Ghandi personally thanked the Board for having discussion and giving information concerning about knock boxes at the Pharmacies and suggested that they get other officials like fire department involved and tell them what the policies for knock boxes are.
Mr. Spizzirri read a letter from Ms. Barbara Gadbois to the Board in regards to Eric Assibey- Marfo’s case.
Next Scheduled Meeting
The next meeting will be held on Wednesday, June 18, 2008 at 9:30 a.m. in Conference Room B, second floor of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware.
Adjournment
Mr. Hamilton made a motion, seconded by Mr. Christ to adjourn the meeting. The motion was unanimously carried. The meeting adjourned at 12:00 pm.
Respectfully submitted,
David W. Dryden, R.Ph., J.D.
Executive Secretary