DELAWARE BOARD OF MASSAGE AND BODYWORK



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|Cannon Building |STATE OF DELAWARE |Telephone: (302) 744-4500 |

|861 Silver Lake Blvd., Suite 203 |DEPARTMENT OF STATE |Fax: (302) 739-2711 |

|Dover, Delaware 19904-2467 | |Website: dpr. |

| |DIVISION OF PROFESSIONAL REGULATION | |

PRESENT

Jack Murphy, R.Ph., Professional Member, Chair

Don Holst, R.Ph., Professional Member, Vice Chair

Karen Dey, R.Ph., Professional Member

Angelo Chiari, R.Ph., Professional Member

Daniel Hauser, Pharm D., Professional Member

Nancy E. Weldin, Public Member

Carolyn Calio, Public Member

DIVISION STAFF/DEPUTY ATTORNEY GENERAL

Chris Spizzirri, Deputy Attorney General

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

Mariah Krass, Administrative Specialist III

James Kaminski, R.Ph., Pharmacist Administrator

Kay Warren, Deputy Director, Division of Professional Regulation

ALSO PRESENT

Ranna Desai

Joanne Krakowiak

Suzanne Raab-Long

Michael Rofsky

Mark Roth

Ming Lau

Joe Golas

ABSENT

Chris Tigani, Public Member

Robb Carter, Public Member

CALL TO ORDER

Mr. Murphy called the meeting to order at 9:33 a.m.

REVIEW OF MINUTES

The board reviewed the minutes of the April 19, 2006 meeting. Mr. Murphy made a motion to approve the April minutes without corrections. The motion was unanimously carried.

UNFINISHED BUSINESS

Regulation 8 – Distributor Regulation Review

Mr. Spizzirri provided a copy that reflected the changes made to Regulation 8. The Board decided to table reviewing Regulation 8 until the next Board meeting due to needed corrections.

Sunset Review – Technician Registration

After reviewing SB42 on 05/11/06, the division director requested the board explain the purpose for the requirement of registering pharmacy technicians with the board. This question was presented to the Board during its regularly scheduled meeting of 05/17/06.  Dr. Hauser made a motion, seconded by Ms. Dey to strike the requirement for certified technician registration.  The motion was unanimously carried.  Thus, registration of certified technicians will not be required.  This information will be forwarded to Joint Sunset Committee’s attention for legislative update SB42.

NEW BUSINESS

Pharmacist-in-Charge Interview

Dr. Hauser conducted the pharmacist-in-charge interview for Ranna Desai, R.Ph.

Pharmacist Licensure Review –Reciprocal Applications

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

Mey Ly

Pareshkumar Nakrani

Lisa Noone

Shailesh Patel

The motion was unanimously carried.

Pharmacist Licensure Review – NAPLEX Applications

There were no NAPLEX licensure applications to review.

Pharmacist Licensure Review – Score Transfer Applications

Ms. Dey, made a motion, seconded by Dr. Hauser, to approve licensure for the following person contingent upon candidate meeting all the requirements for pharmacist licensure:

John Ibrahim

The motion was unanimously carried.

Review of Pharmacy Applications

Michael Rofsky and Mark Roth appeared before the Board for approval of floor plans for the remodel of the Costco pharmacy. All building requirements were reviewed and agreed to by the gentlemen. Ms. Weldin made the motion and Mr. Holst seconded to tentatively approve the pharmacy permit pending final inspection by the Board. The motion was unanimously carried.

Jack Murphy appeared before the Board for approval of floor plans for the relocation of the Happy Harry’s in Laurel. All building requirements were reviewed and agreed to by Mr. Murphy. Mr. Chiari made the motion and Ms. Dey seconded to tentatively approve the pharmacy permit pending final inspection by the Board. Mr. Murphy abstained from voting. The motion was carried by the other attending Board members.

Pharmacist Consultant Interviews

There were no consultant pharmacist interviews.

Neighborcare Presentation

Joe Golus appeared before the Board for approval of automation equipment called Omnicell. Dr. Hauser made a motion and Ms. Dey seconded to approve the pharmacy equipment pending final inspection. The motion was unanimously carried.

District II

Mr. Dryden reported that Mr. Holst and he had a meeting with David Potter at the Hotel DuPont The Hotel will be the site of the Delaware hosted District II meeting tentatively scheduled in September of 2007.

Committee Reports

Joint Practice Committee – Jack Murphy, R.Ph.: There was no report.

Physician’s Assistant Report – Karen Dey, R.Ph.: Ms. Dey reported that the Committee met on May 2, 2006. Ms. Dey stated that they approved one for licensure, four for prescriptive authority, and three for controlled substance prescriptive authority. The next meeting will be on June 6, 2006.

Newsletter – David Dryden, R.Ph., J.D, and Angelo Chiari, R.Ph. and Don Holst, R.Ph.: Mr. Dryden reported that the newsletter has been sent out with articles addressing controlled substance faxed prescriptions and online renewals.

Legislative –Karen Dey, R.Ph., Jack Murphy, R.Ph., Chris Tigani, David Dryden, R.Ph., J.D., and Don Holst, R.Ph.: HB418 deletes the word’s “or dispense’ from 24 Del. C. §2536 (c) thereby permitting practitioners to dispense pharmaceutical samples without labeling the container. Since samples generally have only the drug name and strength on the container, this bill would not require practitioner directions, the date of the original dispensing, the patient’s name, the practitioner’s name or the practitioner’s address. The Board thought that the Bill was unconscionable and a threat to patient care. The Board directed Mr. Murphy forward a letter to each of the sponsoring Representatives and Senators voicing their concerns. The other health care related professional Boards will be copied in this letter.

Continuing Education – Jack Murphy, R.Ph., Nancy Weldin and Don Holst, R.Ph.: The committee met on May 17, 2006 and approved two non ACPE Continuing Education requests.

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

Professional Liaison – Angelo Chiari, R.Ph. and Karen Dey, R.Ph.: Mr. Chiari reported that DPS met on April 25, 2006. Mr. Chiari will attend the DPS convention held from May 18 – 20, 2006.

MPJE Study Committee – Karen Dey, R.Ph., Angelo Chiari, R.Ph., Don Holst, R.Ph.: Ms. Dey, Mr. Chiari, and Mr. Holst are drafting the required thirty questions.

Inspection Report

Mr. Dryden reported that there were twenty two pharmacies and three nursing home inspections. Mr. Dryden reported that all assigned investigations have been closed.

Board Correspondence

• Memorandum from NABP dated April 21, 2006 regarding a Canadian Web Site Posting.

• Memorandum from NABP dated April 21, 2006 regarding the NABP Resolutions from the 102nd Annual Meeting.

• Correspondence from NABP dated May 8, 2006 regarding Nevada’s Licensing of Canadian Pharmacies.

• Correspondence from Medivox Rx dated received May 4, 2006 regarding medication bottle audio capability.

Other Business Before the Board (for discussion only)

Dain Rusk forwarded correspondence to the Board regarding the recently approved remodeling of the Giant pharmacy in Bear, Delaware. The approved plans called for a rest room which now cannot be part of the remodeling. Giant would like to remove the walls to this area and has questioned whether this would require another remodeling plan. The Board discussed this issue at length and agreed that the removal of the walls would require another remodeling, plans and approval. The Board further agreed that Giant could maintain the currently approved plans; leave the room as is without plumbing and that this would not require further remodeling. Mr. Dryden will inform Giant of the above Board decision.

Mr. Dryden requested clarification from the Board regarding the option of applying by reciprocity. The Board agreed that a licensee whose license has lapsed may reapply for licensure by reciprocity in lieu of reinstating their original license.

The Board order was signed by the Board to make the administrative changes to Regulation 4.

Public Comment

There was no public comment at this meeting.

Next Scheduled Meeting

The next meeting will be held on Wednesday, June 21, 2006 at 9:30 a.m. in Conference Room A, second floor of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware.

Adjournment

There being no further business, Mr. Chiari made a motion, seconded by Dr. Hauser to adjourn the meeting. The motion was unanimously carried. The meeting adjourned at 11:00 a.m.

Respectfully submitted,

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

Executive Secretary

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PUBLIC MEETING NOTICE: BOARD OF PHARMACY

DATE AND TIME: Wednesday, May 17, 2006 at 9:30 a.m.

PLACE: 861 Silver Lake Boulevard, Dover, Delaware

Conference Room A, second floor of the Cannon Building

APPROVED: June 21, 2006

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