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Louisiana Board of Pharmacy 1 3388 Brentwood Drive 2
Table of Contents 45 46 Agenda Item No. Description Page No. 47 48 Administrative Hearing 49 A. Call to Order 0350 B. Invocation & Pledge of Allegiance 03 51
C. Amendment to Board Roster 03 52 D. Quorum Call 03 53 E. Call for Additional Agenda Items & Adoption of Agenda 04 54 F. Opportunity for Public Comment 05 55 * Appearances 05 56 G. Formal Hearing 06 57 H. New Agenda Items Added During Meeting 08 58 I. Adjourn 08 59
60 Board Meeting 61
1. Call to Order 08 62 2. Quorum Call 09 63 3. Call for Additional Agenda Items & Adoption of Agenda 10 64 4. Consideration of Draft Minutes from Previous Meeting 10 65 5. Report on Action Items 13 66 6. Confirmation of Acts 11 67 7. Opportunity for Public Comment 11 68 8. Special Orders of the Day 11 69
A. Presentation of Pharmacist Gold Certificate 11 70 B. Presentation of Distinguished Service Awards 12 71 C. Annual Election of Board Officers 12 72
9. Committee Reports 13 73 A. Finance 13 74 B. Application Review 14 75 C. Reciprocity 15 76 D. Violations 15 77 E. Impairment 18 78 F. Reinstatement 20 79 G. Tripartite 22 80 H. Regulation Revision 22 81 I. Executive 22 82
10. Staff Reports 83 J. Assistant Executive Director 26 84
K. General Counsel 28 85 L. Executive Director 31 86
11. New Agenda Items Added During Meeting 33 87 12. Announcements 33 88 13. Adjourn 33 89
90 91
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The Louisiana Board of Pharmacy convened an administrative hearing on Wednesday, 92
November 18, 2020 at the Embassy Suites Hotel located at 4914 Constitution Avenue 93
in Baton Rouge, Louisiana 70808. The hearing was held pursuant to public notice, 94
each member received notice, each respondent received notice (unless specifically 95
stated otherwise in the official transcript), and public notice was properly posted. 96
97
A. Call to Order 98
In the absence of the Board President, First Vice President Marty McKay called the 99
hearing to order at 8:35 a.m. 100
101
B. Invocation & Pledge 102
Mr. Kevin LaGrange delivered the invocation then Dr. Raymond Strong led the group in 103
the Pledge of Allegiance. 104
105
C. Amendment to Board Roster 106
Mr. McKay informed the members and guests that Gov. Edwards had appointed a new 107
member to the Board since the previous Board meeting. Mr. Troy Menard is a 108
pharmacist who resides in the Covington area. He was appointed to complete the 109
remainder of the unexpired term of a previous member; his term will expire on June 30, 110
2025. Mr. McKay welcomed Mr. Menard to the Board. 111
112
D. Quorum Call 113
Mr. McKay called upon Secretary Richard Indovina to call the roll of members to 114
establish a quorum. 115
116
Members Present: 117
Mr. Allen W. Cassidy, Jr. 118
Mr. David A. Darce 119
Ms. Jacqueline L. Hall 120
Mr. Richard M. Indovina, Jr. 121
Mr. Kevin LaGrange 122
Mr. Robert C. LeBas Late arrival 123
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Mr. Richard Mannino Late arrival 124
Mr. Marty R. McKay 125
Mr. J. Troy Menard 126
Mr. Anthony G. Mercante 127
Mr. Blake P. Pitre 128
Mr. Don L. Resweber 129
Dr. Raymond J. Strong 130
131
Member Absent: 132
Mr. Carl W. Aron 133
Dr. J Robert Cloud 134
Mr. Douglas E. Robichaux 135
Mr. Rhonny K. Valentine 136
137
Staff Present: 138
Mr. Malcolm J. Broussard, Executive Director 139
Mr. Carlos M. Finalet, III, General Counsel 140
Mr. M. Joseph Fontenot, Assistant Executive Director 141
Mr. Benjamin S. Whaley, Chief Compliance Officer 142
Ms. Kelley L. Villeneuve, Office Manager 143
144
After doing so, Mr. Indovina certified Mr. Aron, Dr. Cloud, Mr. LeBas, Mr. Mannino, Mr. 145
Robichaux, and Mr. Valentine were absent; however, the remaining 11 members were 146
present, constituting a quorum for the conduct of official business. It was noted that Mr. 147
LeBas arrived shortly thereafter at approximately 8:40 a.m. and Mr. Mannino arrived at 148
approximately 8:50 a.m. 149
150
E. Call for Additional Agenda Items & Adoption of Agenda 151
Mr. McKay asked if there were any additional agenda items, and none were requested. 152
With no objection, the Board adopted the posted agenda dated November 4, 2020. 153
154
155
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F. Opportunity for Public Comment 156
Mr. McKay reminded the members and guests the Open Meetings Law requires all 157
public bodies to provide an opportunity for public comment at all meetings and prior to 158
the vote on each agenda item. He solicited general comments on non-agenda items 159
from the guests present but none were offered. 160
161
Appearances 162
Mr. McKay indicated he would serve as the Hearing Officer. Mr. Carlos Finalet 163
served as the Prosecuting Attorney and Mr. Malcolm Broussard served as the Hearing 164
Clerk. 165
Mr. McKay informed the members the single case on the agenda originated with 166
the Violations Committee, and the members of that committee in attendance at their 167
December 2019 meeting were recused from the hearing. In particular, Dr. Cloud, Ms. 168
Hall, Mr. Indovina, Mr. Robichaux, and Mr. Valentine were excused. He reminded the 169
other members they should recuse themselves should the need arise. 170
Without objection, Mr. McKay waived the reading of the posted agenda and 171
instead directed the insertion thereof into these minutes. The posted agenda is re-172
created here. 173
174
A G E N D A 175
NOTE: This agenda is tentative until 24 hours in advance of the meeting, at which time the most recent revision becomes official. 176 Revised 11-04-2020 177
178
A. Call to Order 179
180
B. Invocation & Pledge of Allegiance 181
182
C. Amendment to Board Roster 183
184
D. Quorum Call 185
186
E. Call for Additional Agenda Items & Adoption of Agenda 187
188
F. Opportunity for Public Comment 189
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190
* Appearances 191
192
G. Formal Hearing 193
194
1. Case No. 19-0207 ~ CPT.011002 – Markella Ann Wyre 195
196
H. New Agenda Items Added During Meeting 197
198
I. Adjourn 199
200
G. Formal Hearings 201
With Mr. McKay’s approval, Mr. Finalet began the hearing by calling the case listed on 202
the agenda. 203
204
Markella Ann Wyre (CPT.011002) Mr. Finalet appeared for the Board. The 205
respondent, Markella Ann Wyre, did not appear and was not represented by 206
counsel. Mr. Finalet informed the members he had checked the vicinity of the 207
meeting room to confirm the respondent’s absence. Mr. McKay ruled the hearing 208
would proceed as noticed in the form of a default proceeding. Mr. Finalet offered 209
an opening statement, presented no witnesses and five exhibits and then 210
proffered proposed Findings of Fact, Conclusions of Law, and Board Order. Mr. 211
Finalet tendered the matter to the hearing panel for its consideration. Mr. Darce 212
moved to enter into executive session for the purpose of deliberating the 213
disciplinary matter and discussing the respondent’s professional competency and 214
fitness for practice. There were no member questions or public comments. The 215
motion for executive session was adopted after a unanimous roll call vote in the 216
affirmative. 217
218
It was noted the hearing panel entered into executive session at 8:51 a.m. and then 219
reconvened at 9:30 a.m. Mr. McKay returned the hearing panel to open session; he 220
reported no decision was made during the executive session and questioned the 221
members as to their disposition of the case. 222
223
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Mr. Cassidy then moved, 224
Resolved, that the hearing panel, having heard the testimony and 225
considered the evidence, accept the Findings of Fact as proposed by the 226
Prosecuting Attorney, adopt them as our own, and then enter them into 227
the hearing record. 228
There were no member questions or public comments. The motion was adopted 229
after a unanimous roll call vote in the affirmative. Mr. Cassidy then moved, 230
Resolved, that the hearing panel accept the Conclusions of Law as 231
proposed by the Prosecuting Attorney, adopt them as our own, and then 232
enter them into the hearing record. 233
There were no member questions or public comments. The motion was adopted 234
after a unanimous vote in the affirmative. Mr. Cassidy then moved, 235
Resolved, that the hearing panel enter the following order at this time: 236
It is ordered, adjudged, and decreed that Louisiana Pharmacy 237
Technician Certificate No. 11002, held by Markella Ann Wyre, shall 238
be, and is hereby suspended for an indefinite period of time 239
effective on the entry of this order, and further, the respondent shall 240
pay the following assessments: 241
(1) A fine of $500; 242
(2) The administrative hearing fee of $250; and 243
(3) The investigative and hearing costs, including the costs of the 244
prosecuting attorney and the official recorder; and 245
It is further ordered, the acceptance of any future application for the 246
reinstatement of the certificate or any application for any other 247
credential issued by the Board shall be conditioned upon the 248
satisfaction of the following terms: 249
(1) Respondent shall have paid all assessments levied herein; 250
(2) Respondent shall have no pending legal or disciplinary matters 251
against her in any jurisdiction; and 252
(3) Respondent shall have received a favorable recommendation 253
for her return to the practice of pharmacy without posing a threat 254
to the public’s health, safety, or welfare pursuant to a medical 255
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evaluation from an addition medicine specialist approved by the 256
Board at her own expense. 257
Prior to the vote, Mr. Mannino questioned the need for a medical evaluation and 258
offered an amendment to remove the requirement for a medical evaluation 259
relative to any future reinstatement application. There were no member 260
questions or public comments on the proposed amendment. The motion for the 261
amendment was adopted after a unanimous vote in the affirmative. As to the 262
amended motion for the order, there were no further member questions or public 263
comments. The amended motion for the order was adopted after a unanimous 264
vote in the affirmative. 265
266
Mr. Finalet indicated completion of the single case scheduled for that day. 267
268
H. New Agenda Items Added During Meeting 269
There were no new agenda items added during the meeting. 270
271
I. Adjourn 272
Having completed the tasks itemized on the posted agenda, with no further business 273
pending before the Board and without objection, Mr. McKay adjourned the hearing at 274
9:35 a.m. 275
276
277
* * * * * * * 278
279
The Louisiana Board of Pharmacy convened a regular meeting on Wednesday, 280
November 18, 2020 at the Embassy Suites Hotel located at 4914 Constitution Avenue 281
in Baton Rouge, Louisiana 70808. The meeting was held pursuant to public notice, 282
each member received notice, and public notice was properly posted. 283
284
1. Call to Order 285
Mr. Marty McKay, First Vice President, called the meeting to order at 10:10 a.m. 286
287
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2. Quorum Call 288
Mr. McKay called upon the Secretary, Mr. Indovina, to call the roll of members to 289
establish a quorum. 290
291
Members Present: 292
Mr. Allen W. Cassidy, Jr. 293
Mr. David A. Darce 294
Ms. Jacqueline L. Hall 295
Mr. Richard M. Indovina, Jr. 296
Mr. Kevin LaGrange 297
Mr. Robert C. LeBas 298
Mr. Richard Mannino 299
Mr. Marty R. McKay 300
Mr. J. Troy Menard 301
Mr. Anthony G. Mercante 302
Mr. Blake P. Pitre 303
Mr. Don L. Resweber 304
Dr. Raymond J. Strong 305
306
Member Absent: 307
Mr. Carl W. Aron 308
Dr. J Robert Cloud 309
Mr. Douglas E. Robichaux 310
Mr. Rhonny K. Valentine 311
312
Staff Present: 313
Mr. Malcolm J. Broussard, Executive Director 314
Mr. Carlos M. Finalet, III, General Counsel 315
Mr. M. Joseph Fontenot, Assistant Executive Director 316
Mr. Benjamin S. Whaley, Chief Compliance Officer 317
Ms. Kelley L. Villeneuve, Office Manager 318
319
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Guests: 320
Mr. Richard Soileau 321
Ms Donna Soileau 322
Ms. Michele P. Alderman 323
Dr. Caitlin Bertrand – Genoa Pharmacy 324
Ms. Jessica Elliott – La. Retailers Association 325
Ms. Brandi Armand – La. Retailers Association 326
Ms. Juanita Pitre 327
Ms. Cathy McKay 328
Ms. Shelly Dupre – National Association of Chain Drug Stores (NACDS) 329
330
Mr. Indovina certified Mr. Aron, Dr. Cloud, Mr. Robichaux and Mr. Valentine were 331
absent; however, the remaining 13 members were present, constituting a quorum for 332
the conduct of official business. 333
334
3. Call for Additional Agenda Items & Adoption of Agenda 335
Mr. McKay asked if there were any additional agenda items to be added. Mr. Mannino 336
moved to add a discussion of USP Chapter 800 to the agenda. He noted the Board had 337
previously voted to implement enforcement of those federal standards on January 1, 338
2021. Since this was the last Board meeting prior to that implementation date and since 339
the current public health emergency had interrupted some pharmacies activities to 340
prepare for that implementation, he suggested the urgency for reconsideration of that 341
previous decision. There were no further member or public comments. The motion to 342
add the new agenda item was adopted after a unanimous roll call vote in the affirmative. 343
Mr. McKay indicated he would call for that discussion at Agenda Item 11. There were 344
no further requests to amend the agenda. Without objection, the members adopted the 345
amended agenda dated November 16, 2020. Mr. McKay requested authority to re-346
order the agenda as may become necessary and there were no objections to that 347
request. 348
349
4. Consideration of Draft Minutes from Previous Meeting 350
Mr. McKay reminded the members they had received the draft minutes from the Regular 351
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Board Meeting on August 13 held by videoconference. With no objections, he waived 352
the reading of the draft minutes. With no requests for amendment or any objection to 353
their approval, Mr. McKay declared the minutes were approved as presented. Mr. 354
McKay reminded the members to sign the Minute Book. 355
356
6. Confirmation of Acts 357
Pursuant to Mr. McKay’s declaration that the officers, committees, and executive 358
director had attended to the business of the Board since their last physical meeting in 359
accordance with policies and procedures previously approved by the Board, Mr. Pitre 360
moved, 361
Resolved, that the actions taken and decisions made by the Board 362
officers, members and committees, and executive director in the general 363
conduct and transactions of Board business since February 5, 2020 are 364
approved, adopted, and ratified by the entire Board. 365
There were no member questions or public comments. The motion was adopted after a 366
unanimous vote in the affirmative. 367
368
7. Opportunity for Public Comment 369
Mr. McKay reminded the members and guests the Open Meetings Law requires all 370
public bodies to provide an opportunity for public comment at all meetings and for each 371
agenda item upon which a vote is to be taken. He solicited general comments on non-372
agenda items from the guests present; none were offered. 373
374
* Statement of Purpose 375
Mr. McKay reminded the members of the purpose and mission of the Board of 376
Pharmacy by reciting the relevant portion of the Louisiana Pharmacy Practice Act. He 377
urged the members to keep their legislative mandate in mind as they considered all the 378
matters before them. 379
380
8. Special Orders of the Day 381
A. Presentation of Pharmacist Gold Certificate 382
In recognition of her achievement of 50 years of licensure as a 383
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pharmacist, Mr. McKay presented a Pharmacist Gold Certificate to Ms. 384
Michele Alderman who was licensed by the Board in August 1969. Ms. 385
Alderman also served a six-year term as a member of the Board from 2004 386
to 2010. The members and guests congratulated her with a standing 387
ovation. 388
389
B. Presentation of Distinguished Service Awards 390
Mr. McKay called upon Mr. Broussard to present the awards. Mr. 391
Broussard explained the awards were being presented to board members 392
who had completed their terms of service to the Board in June 2020. Five 393
members completed their terms and three of them were present to receive 394
their awards; the awards for the other two members will be presented at a 395
future meeting. 396
Mr. Richard “Andy” Soileau served two terms, from July 2008 to June 397
2020; 398
Ms. Jackie Hall began her service in August 2002 and was re-399
appointed to another six-year term concluding in 2026; and 400
Mr. Marty McKay began his service in January 2000 and was re-401
appointed to another six-year term concluding in 2026. 402
403
C. Annual Election of Board Officers 404
Mr. McKay reminded the members and guests of the annual election of 405
officers usually conducted at the final meeting of the calendar year. He 406
indicated he would conduct elections for each of the five officer positions in 407
rank order, with the newly-elected officer assuming their position 408
immediately. Mr. Don Resweber nominated the entire slate of current officers 409
in their same positions as well as Mr. Valentine for the office of Third Vice 410
President. Mr. Mannino nominated Mr. LaGrange for the office of Third Vice 411
President. After confirming no additional nominations, Mr. McKay indicated 412
he would conduct the election first for the only contested position, that of 413
Third Vice President. Following a roll call vote, Mr. Valentine was elected by 414
a majority of the members present and voting. Dr. Strong moved to re-elect, 415
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by acclamation, the current slate of officers in their same positions. With no 416
member or public comments offered, the motion was adopted after a 417
unanimous vote in the affirmative. The following members were elected or 418
re-elected to officer positions: 419
Mr. Carl Aron – President 420
Mr. Marty McKay – First Vice President 421
Ms. Jacqueline Hall – Second Vice President 422
Mr. Rhonny Valentine – Third Vice President 423
Mr. Richard Indovina – Secretary 424
Mr. McKay congratulated all of the officers. 425
426
5. Report on Action Items 427
Mr. McKay called on Mr. Broussard for the report. Mr. Broussard directed the members 428
to a copy of the report in their meeting binder. There were no questions from the 429
members or guests. 430
431
9. Committee Reports 432
A. Finance Committee 433
Mr. McKay indicated he would present the committee report on behalf of 434
the committee chair, Mr. Pitre. He reviewed the Interim Report for Fiscal 435
Year 2020-2021, noting it was informational and did not require Board action. 436
There were no member questions or public comments. He then directed the 437
members to the Proposed Budget for Fiscal Year 2021-2022 in their meeting 438
binder. He reported the committee reviewed the budget developed by staff, 439
did not make any changes and voted to recommend its approval. He also 440
reported the committee requested staff to investigate the feasibility of 441
implementing a credit card convenience fee for online transactions, noting the 442
cost to the Board for that service is approximately $60,000 per year. Mr. Pitre 443
then moved, 444
Resolved, to approve and adopt the Proposed Budget for Fiscal Year 445
2021-2022. 446
Prior to the vote, Mr. Indovina questioned the revenue line items relative to 447
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credential renewals, noting the budget appeared to reflect a return to pre-448
pandemic levels. Mr. Broussard confirmed the legislative resolution as well 449
as the Board’s emergency rule limit the waivers of credential renewal fees for 450
existing businesses in the current fiscal year, and further, there was no 451
direction from the legislature for such waivers for the fiscal year covered by 452
the proposed budget. He reminded the members in the event of any future 453
legislative direction to extend such waivers the Board routinely reviews 454
budget amendments during the first Board meeting of the new fiscal year, 455
typically in August. There were no further member questions or public 456
comments. The motion was adopted after a unanimous vote in the 457
affirmative. 458
Finally, Mr. McKay expressed his appreciation to the other committee 459
members for their ongoing efforts. 460
461
B. Application Review Committee 462
In the absence of Mr. Robichaux, the committee chair, Mr. McKay called 463
upon the ranking member, Mr. Indovina, to deliver the committee report. Mr. 464
Indovina reported the committee met the previous day to consider one 465
referral from staff, an applicant for a telepharmacy dispensing site permit 466
which had requested a waiver from the Board’s rule relative to the 15-mile 467
exclusion zone around the intended location of the dispensing site. Following 468
the committee’s interview and deliberations, Mr. Indovina reported the 469
committee voted to recommend the approval of the request for the waiver 470
and the issuance of the permit. He then moved, 471
Resolved, to approve the request from Genoa Pharmacy for a waiver 472
from the 15-mile exclusion zone in the Board’s rules for telepharmacy 473
dispensing site and to authorize staff to issue the telepharmacy 474
dispensing site permit, but to limit the telepharmacy dispensing to 475
patients of the Acadiana Crowley Mental Health Clinic in Crowley, 476
Louisiana, within which the telepharmacy dispensing site will be located. 477
Mr. McKay responded to questions from members; there were no public 478
comments. The motion was adopted after a unanimous vote in the 479
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affirmative. 480
481
C. Reciprocity Committee 482
Mr. McKay called upon Mr. Cassidy for the committee report. He reported 483
the staff had evaluated 77 applications for pharmacist licensure by reciprocity 484
since the last Board meeting and that none of them contained information 485
that warranted a committee level review. In conformance with policies and 486
procedures previously approved by the Board, the staff approved the 487
applications and issued the credentials. Mr. Cassidy then directed the 488
members to a list of the new pharmacists licensed by reciprocity in their 489
meeting binder. 490
Finally, he closed his report with appreciation to the other committee 491
members for their ongoing efforts. 492
493
D. Violations Committee 494
Mr. McKay called upon Mr. Indovina for the committee report. Mr. 495
Indovina reported the committee met on October 21 to consider the 22 cases 496
on their docket. As committee chair, he authorized continuances of four of 497
the cases prior to the committee meeting. Following their interviews and 498
deliberations, the committee took no action against two of the respondents 499
and issued non-disciplinary Letters of Noncompliance to four of the 500
respondents. The committee authorized the automatic reinstatement of a 501
suspended pharmacist license back to probationary status contingent upon 502
the successful completion of an anger management course, and further, 503
ordered an emergency summary suspension of the license of a pharmacist 504
who had violated his probationary terms. The committee then offered 505
proposed voluntary consent agreements to the remaining 10 respondents. 506
Mr. Indovina reported eight of the respondents had accepted their proposed 507
agreements; the two respondents who had not accepted their proposed 508
agreements were scheduled for a future administrative hearing. Mr. Indovina 509
then presented the following agreements to the members for their 510