State of Iowa Board of Pharmacy 400 S.W. Eighth Street, Suite E, Des Moines, IA 50309-4688 https://pharmacy.iowa.gov/ Telephone: (515)281-5944 Facsimile: (515)281-4609 BOARD MEMBERS SHARON MEYER BOARD MEMBERS LADONNA GRATIAS Board Chair JASON HANSEL EDWARD McKENNA BRETT BARKER GAYLE MAYER ANDREW FUNK JOAN SKOGSTROM Executive Director M I N U T E S September 18-19, 2018 The Iowa Board of Pharmacy met on September 18-19, 2018, in the conference room at 400 S.W. Eighth Street, Des Moines, Iowa. TUESDAY, SEPTEMBER 18, 2018 MEMBERS PRESENT Sharon K. Meyer, Chair Edward J. McKenna, Vice-Chair Brett Barker LaDonna Gratias Jason Hansel Gayle Mayer Joan Skogstrom STAFF PRESENT Andrew Funk, Executive Director Laura Steffensmeier, Esq., Assistant Attorney General Therese Witkowski, Executive Officer Amanda Woltz, Administrative Assistant Christie Carlson, Compliance Officer Curtis Gerhold, Compliance Officer Mark Mather, Compliance Officer Sue Mears, Compliance Officer Jennifer O’Toole, Compliance Officer Jean Rhodes, Compliance Officer Daniel Sedlacek, Compliance Officer James Wolfe, Compliance Officer Tessa Register, Assistant Attorney General Rebecca Seabrooke, IMP3 Case Manager At 9:05 a.m., Sharon Meyer, Chair, called the meeting of the Iowa Board of Pharmacy to order on Tuesday, September 18, 2018. Administrative Hearing 2017-146, Christopher Betts, Pharmacist license No. 19918, Urbandale.
54
Embed
State of Iowa Board of Pharmacy - Iowa Board Pharmacy...Rebecca Seabrooke, IMP3 Case Manager At 9:05 a.m., Sharon Meyer, Chair, called the meeting of the Iowa Board of Pharmacy to
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
State of Iowa
Board of Pharmacy
400 S.W. Eighth Street, Suite E, Des Moines, IA 50309-4688 https://pharmacy.iowa.gov/
Telephone: (515)281-5944 Facsimile: (515)281-4609
BOARD MEMBERS SHARON MEYER BOARD MEMBERS LADONNA GRATIAS Board Chair JASON HANSEL
EDWARD McKENNA BRETT BARKER
GAYLE MAYER ANDREW FUNK JOAN SKOGSTROM Executive Director
M I N U T E S
September 18-19, 2018
The Iowa Board of Pharmacy met on September 18-19, 2018, in the conference room at 400 S.W.
Eighth Street, Des Moines, Iowa.
TUESDAY, SEPTEMBER 18, 2018
MEMBERS PRESENT
Sharon K. Meyer, Chair
Edward J. McKenna, Vice-Chair
Brett Barker
LaDonna Gratias
Jason Hansel
Gayle Mayer
Joan Skogstrom
STAFF PRESENT
Andrew Funk, Executive Director
Laura Steffensmeier, Esq., Assistant Attorney General
Therese Witkowski, Executive Officer
Amanda Woltz, Administrative Assistant
Christie Carlson, Compliance Officer
Curtis Gerhold, Compliance Officer
Mark Mather, Compliance Officer
Sue Mears, Compliance Officer
Jennifer O’Toole, Compliance Officer
Jean Rhodes, Compliance Officer
Daniel Sedlacek, Compliance Officer
James Wolfe, Compliance Officer
Tessa Register, Assistant Attorney General
Rebecca Seabrooke, IMP3 Case Manager
At 9:05 a.m., Sharon Meyer, Chair, called the meeting of the Iowa Board of Pharmacy to order on
Tuesday, September 18, 2018.
Administrative Hearing
2017-146, Christopher Betts, Pharmacist license No. 19918, Urbandale.
8. Hy-Vee Iowa Error Report – Quarter 1 and 2 – Jon Fransen
Information provided for the Board’s review.
9. FDA Statement – New steps to help ensure the quality of and preserve access to
compounded drugs.
Informational item.
10. Board meeting calendar
Proposed meeting dates for 2019 were provided to the Board. As two Board members have
terms which end April 30, 2019, the meeting scheduled for April 30 – May 1, 2019 may
need to be rescheduled.
Rules and Legislation
1. 2019 Legislative Agenda.
September 18-19, 2018
The Board discussed potential legislative initiatives for consideration during the 2019
legislative session. Proposed draft language will be reviewed by the rules committee and
brought back to the Board at its November meeting.
2. Proposed for Adoption and Filing Amendments to Chapter 15, “Correctional Pharmacy
Practice.”
Motion by Brett Barker, second by Edward McKenna, to adopt. Motion approved
unanimously. A copy is attached as Addendum E.
4. Proposed for Notice of Intended Action to amend Chapter 4, “Pharmacist-Interns.”
Motion by Brett Barker, second by Jason Hansel, to file for Notice of Intended Action.
Motion approved unanimously. A copy is attached as Addendum F.
5. Proposed for Notice of Intended Action to Amend Chapter 8, “Universal Practice
Standards,” and Chapter 13, “Telepharmacy Practice.”
Motion by Jason Hansel, second by Brett Barker, to file for Notice of Intended Action.
Motion approved unanimously. A copy is attached as Addendum G.
6. Proposed for Notice of Intended Action to Amend Chapter 39, “Expanded Practice
Standards.”
Motion by Brett Barker, second by Gayle Mayer, to file for Notice of Intended Action.
Motion approved unanimously. A copy is attached as Addendum H.
The Board recessed at 11:43 a.m. for lunch.
The Board reconvened at 12:49 p.m. in Open Session.
Closed Session
At 12:49 p.m., on a motion by Jason Hansel, second by Brett Barker, the Board voted unanimously
by roll call vote to move into closed session pursuant to Iowa Code Section 21.5(1)(d), to discuss
whether to initiate licensee disciplinary investigations or proceedings.
At 1:40 p.m., while still in closed session, Brett Barker moved that the Board go into open session,
seconded by Gayle Mayer. Motion approved unanimously.
In open session, the following actions were taken:
1. Close with No Further Action
Motion by Brett Barker, second by Gayle Mayer, to close with no further action the following
investigative file in complaint number: 2018-42. Motion approved unanimously.
September 18-19, 2018
The Board adjourned at 1:42 p.m. on September 19, 2018.
_______
Sue Mears
Recording Secretary
Andrew Funk Sharon K. Meyer
Executive Director Board Chair
APPROVED THIS 14th DAY OF NOVEMBER, 2018
ADDENDUM A
NOTICE OF HEARING AND STATEMENT OF CHARGES
SHEILA SCHLEEPER
PHARMACIST LICENSE NO. 23200
BURLINGTON, IOWA
Page 1 of 3
BEFORE THE IOWA BOARD OF PHARMACY
RE: Pharmacist License of SHEILA SCHLEEPER License No. 23200 Respondent
CASE NO. 2018-82 NOTICE OF HEARING AND STATEMENT OF CHARGES
COMES NOW the Iowa Board of Pharmacy (“Board”) and files this Notice of Hearing and Statement of Charges against Sheila Schleeper (“Respondent”), 1704 Parkway Dr, Burlington IA 52601, pursuant to Iowa Code sections 17A.12(2), 17A.18(3), and 272C.3(1)"e", and 657 IAC 35.6 and 35.7. Respondent’s Iowa pharmacist license number 23200 is currently active through June 30, 2019.
A. TIME, PLACE, AND NATURE OF HEARING
Hearing. A disciplinary contested case hearing shall be held on November 13, 2018, before the Board. The hearing shall begin at 1:00 p.m. and shall be located in the Board conference room located at the Iowa Board of Pharmacy Office, 400 SW 8th St, Ste E, Des Moines IA 50309.
Answer. Within twenty (20) days of the date you are served this Notice of Hearing and Statement of Charges, you may file an Answer pursuant to 657 IAC 35.16. The Answer should specifically admit, deny, or otherwise answer all allegations contained in sections C and D of this Notice of Hearing and Statement of Charges.
Filing of Pleadings. Pleadings shall be filed with the Board either by e-mail, if done in compliance with 657 IAC 35.17(2), to [email protected], or by mail/delivery to the following address: Iowa Board of Pharmacy, 400 SW 8th St, Ste E, Des Moines IA 50309.
Presiding Officer. The Board shall serve as presiding officer, but the Board may request an Administrative Law Judge from the Department of Inspections and Appeals make initial rulings on prehearing matters, and be present to assist and advise the Board at hearing.
Hearing Procedures. The procedural rules governing the conduct of the contested case hearing, including prehearing matters, are found at 657 IAC chapter 35. At the hearing, you may appear personally or be represented by counsel at your own expense. You will be allowed the opportunity to respond to the charges against you, to produce evidence on your behalf on issues of material fact, cross-examine witnesses present at the hearing, and examine and respond to any documents introduced at the hearing. The hearing may be open to the public or closed to the public at your discretion, pursuant to Iowa Code section 272C.6(1) and 657 IAC 35.25(10).
Prosecution. The Office of Attorney General of Iowa is responsible for representing the public interest (the State) in this proceeding. Counsel for the State in this matter is Assistant Attorney General Laura Steffensmeier. Ms. Steffensmeier can be reached by phone at (515) 281-6690. Copies of pleadings should be provided to counsel for the State either by email to [email protected], or by mail/delivery to the following address:
Laura Steffensmeier Assistant Attorney General Hoover State Office Building—2nd Floor 1305 E Walnut St Des Moines IA 50319
Communications. You may not contact individual Board members in any manner, including by phone, letter, or e-mail, regarding this Notice of Hearing and Statement of Charges. Board members may only receive information about the case when all parties have notice and the opportunity to participate, such as at the hearing or in pleadings you file and serve upon all parties in the case.
B. LEGAL AUTHORITY AND JURISDICTION
Jurisdiction. The Board has jurisdiction in this matter pursuant to Iowa Code chapters 17A, 147, 155A, and 272C (2018).
Legal Authority. If any of the allegations against you are founded, the Board has authority to take disciplinary action against you under Iowa Code chapters 147, 155A, and 272C, and 657 IAC chapter 36.
Default. If you fail to appear at the hearing, the Board may enter a default decision or proceed with the hearing and render a decision in your absence, in accordance with Iowa Code section 17A.12(3) and 657 IAC 35.27.
C. STATEMENT OF CHARGES
COUNT I OUT-OF-STATE DISCIPLINE
Respondent is charged with having a license revoked or suspended or having other disciplinary action taken by a licensing authority of this state or of another state, territory, or country for conduct substantially equivalent to any of the grounds for disciplinary action in Iowa, pursuant to Iowa Code sections 147.55(9) and 155A.12(1) and 657 IAC 36.6(31).
D. FACTUAL CIRCUMSTANCES
On June 27, 2018, the Illinois Department of Financial and Professional Regulation approved a Consent Order that placed Respondent’s Illinois pharmacist license on indefinite probation for filling fraudulent prescriptions for self-use.
This matter may be resolved by settlement agreement. The procedural rules governing the Board’s settlement process are found at 657 IAC 35.24. To cancel a scheduled hearing, an executed settlement agreement must be received by the Board at least three (3) business days prior to the scheduled hearing. If you are interested in pursuing settlement in this matter, please contact the Assistant Attorney General identified above.
F. FINDING OF PROBABLE CAUSE
On this 18th day of September, 2018, the Iowa Board of Pharmacy found probable cause to file this Notice of Hearing and Statement of Charges.
_____________________________________
Chairperson Iowa Board of Pharmacy
Copy to: Laura Steffensmeier Assistant Attorney General Hoover State Office Building—2nd Floor 1305 E Walnut St Des Moines IA 50319 ATTORNEY FOR THE STATE
PLEASE NOTE: If you require the assistance of auxiliary aids or services to participate in this matter because of a disability, immediately call 515-281-5944. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942).
ADDENDUM B
SETTLEMENT AGREEMENT AND FINAL ORDER
ALAN BOLLINGER
CSA REGISTRATION NO. 1304787
DES MOINES, IOWA
ADDENDUM C
SETTLEMENT AGREEMENT AND FINAL ORDER
DAVID SINNWELL
PHARMACIST LICENSE NO. 15813
JOHNSTON, IOWA
ADDENDUM D
COMBINED STATEMENT OF CHARGES, SETTLEMENT
AGREEMENT, AND FINAL ORDER
STACY COOK
TECHNICIAN REGISTRATION NO. 23514
CARROLL, IOWA
ADDENDUM E
ADOPTION AND FILING
AMENDING CHAPTER 15, “CORRECTIONAL
PHARMACY PRACTICE”
SEPTEMBER 19, 2018
ARC 3848CPHARMACY BOARD[657]
Notice of Intended Action
Proposing rule making related to review of correctional pharmacy practice rules andproviding an opportunity for public comment
The Board of Pharmacy hereby proposes to amend Chapter 15, “Correctional Pharmacy Practice,”Iowa Administrative Code.
Legal Authority for Rule Making
This rule making is proposed under the authority provided in Iowa Code sections 124.301 and 147.76.
State or Federal Law Implemented
This rule making implements, in whole or in part, Iowa Code sections 124.303, 124.306, 124.308,126.10, 126.11, 155A.6A, 155A.6B, 155A.10, 155A.13, 155A.27, 155A.28, 155A.31 to 155A.36 and155A.41.
Purpose and Summary
Pursuant to Iowa Code section 17.7(2), the Board has completed a review of this chapter ofadministrative rules. The proposed amendments update the required references to be maintained in areference library in order to be consistent with recent Board action for other practice settings, removethe requirement that the policies and procedures identify the hours of operation of the pharmacy, clarifythe record retention requirements for training documentation, and add the option of an electronicsignature on prescription drug orders.
Fiscal Impact
This rule making has no fiscal impact to the State of Iowa.
Jobs Impact
After analysis and review of this rule making, no impact on jobs has been found.
Waivers
Any person who believes that the application of the discretionary provisions of this rule making wouldresult in hardship or injustice to that person may petition the Board for a waiver of the discretionaryprovisions, if any, pursuant to 657—Chapter 34.
Public Comment
Any interested person may submit written comments concerning this proposed rule making. Writtencomments in response to this rule making must be received by the Board no later than 4:30 p.m. on July10, 2018. Comments should be directed to:
Sue MearsBoard of Pharmacy400 S.W. 8th Street, Suite EDes Moines, Iowa 50309Email: [email protected]
No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oralpresentation regarding this rule making may be demanded by 25 interested persons, a governmentalsubdivision, the Administrative Rules Review Committee, an agency, or an association having 25 ormore members.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual orgroup, review this rule making at its regular monthly meeting or at a special meeting. The Committee’smeetings are open to the public, and interested persons may be heard as provided in Iowa Code section17A.8(6).
The following rule-making actions are proposed:ITEM 1. Amend rule 657—15.4(155A) as follows:
657—15.4(155A) Reference library. References may be printed or computer-accessed. Eachcorrectional pharmacy shall have on site, at a minimum, one current maintain a reference from each ofthe following categories, including access to current periodic updates library, which is either printed orcomputer-accessed and which adequately meets the needs of the services provided and patients served.Examples of references include:
1. A reference including all pertinent Iowa laws, rules, and regulations that impact the pharmacy’spractice.
2. A patient information reference that includes or provides patient information in compliancewith rule 657—6.14(155A).
3. A reference on drug interactions.4. A general drug information reference.5. A drug equivalency reference.6. A reference on natural or herbal medicines.7. The readily accessible telephone number of a poison control center that serves the area.8. Additional references as may be necessary for the pharmacist to adequately meet the needs of
the patients served relating to specific patient populations served.ITEM 2. Amend subrule 15.5(3) as follows:15.5(3) Pharmacist responsibility. Each pharmacist, while on duty, shall be responsible for the
security of the correctional pharmacy. This responsibility includes provisions for effective controlagainst theft of, diversion of, or unauthorized access to prescription drugs or devices, controlledsubstances, records for such drugs and devices, and patient records as provided in 657—Chapter 21and rule 657—8.16(124,155A). Policies and procedures shall identify the days and hours the pharmacyshall be open. A pharmacist shall be on site during all times that the pharmacy is open.
ITEM 3. Amend rule 657—15.7(124,126,155A) as follows:
657—15.7(124,126,155A) Training and utilization of pharmacy technicians or pharmacy supportpersons. Pharmacy technician and pharmacy support person training shall be documented andmaintained by the pharmacy for the duration of at least two years from the last date of employment.Policies and procedures and documentation of pharmacy technician and pharmacy support persontraining shall be available for inspection by the board or an agent of the board.
ITEM 4. Amend subrule 15.8(1) as follows:15.8(1) Required information. Prescription drug orders written in patient health records shall include
the following information:a. Patient name, identification number, and correctional facility location;
b. Drug name, strength, dosage form, and quantity or duration;c. Directions for use of the drug;d. Date the prescription drug order is authorized;e. Prescriber’s name, signature or electronic signature, and office address;f. Prescriber’s DEA number for controlled substances.
3
ADDENDUM F
NOTICE OF INTENDED ACTION
AMENDING CHAPTER 4, “PHARMACIST-INTERNS”
SEPTEMBER 19, 2018
1
PHARMACY BOARD [657]
Notice of Intended Action
The Board of Pharmacy hereby proposes to amend Chapter 4, “Pharmacist-Interns,” Iowa
Administrative Code.
Legal Authority for Rule Making
This rule making is proposed under the authority provided in Iowa Code sections 147.76
and 155A.6.
State or Federal Law Implemented
This rule making implements, in whole or in part, Iowa Code section 155A.6.
Purpose and Summary
This proposed amendment removes the limitation of a pharmacist to supervise no more
than two pharmacist-interns concurrently.
Fiscal Impact
This rule making has no fiscal impact to the state of Iowa.
Jobs Impact
After analysis and review of this rule making, no impact on jobs has been found.
Waivers
Any person who believes that the application of the discretionary provisions of this rule
making would result in hardship or injustice to that person may petition the Board for a waiver of
the discretionary provisions, if any, pursuant to 657—Chapter 34.
Public Comment
2
Any interested person may submit comments concerning this proposed rule making.
Written comments in response to this rule making must be received by the Board no later than
4:30 p.m. on ________, 2018. Comments should be directed to: