Louisiana Board of Pharmacy

Louisiana Board of Pharmacy

3388 Brentwood Drive Baton Rouge, Louisiana 70809-1700 Telephone 225.925.6496 ~ Facsimile 225.925.6499 pharmacy. ~ E-mail: info@pharmacy.

Minutes

Regular Meeting

Wednesday, February 12, 2014 at 10:00 a.m.

Louisiana Board of Pharmacy 3388 Brentwood Drive Baton Rouge, Louisiana 70809-1700

Administrative Hearing

Thursday, February 13, 2014 at 8:30 a.m.

Louisiana Board of Pharmacy 3388 Brentwood Drive Baton Rouge, Louisiana 70809-1700

- 1 ?

Table of Contents

Agenda Item No.

Description

Wednesday, February 12, 2014

1.

Call to Order

2.

Invocation & Pledge of Allegiance

3.

Quorum Call

4.

Call for Additional Agenda Items

5.

Consideration of Minutes

6.

Report on Action Items

7.

Confirmation of Acts

8.

Opportunity for Public Comment

Statement of Purpose

9.

Committee Reports

A. Finance

B. Application Review

C. Reciprocity

D. Violations

E. Impairment

F. Reinstatement

G. Tripartite

H. Regulation Revision

I. Executive

10.

Staff Reports

J. Prescription Monitoring Program

K. General Counsel

L. Executive Director

11.

Announcements

12.

Recess

Page No.

4 4 4 5 5 5 6 6 6

6 6 7 8 10 11 13 13 14

15 16 18 18 18

- 2 ?

Table of Contents

Agenda Item No.

Description

Thursday, February 13, 2014

A.

Call to Order

B.

Invocation & Pledge of Allegiance

C.

Quorum Call

D.

Call for Additional Agenda Items

E.

Opportunity for Public Comment

Appearances

F.

Formal Hearings

G.

Adjourn

Page No.

19 19 19 19 19 19 20 20

- 3 ?

A regular meeting of the Louisiana Board of Pharmacy was held on Wednesday, February 12, 2014 in the Boardroom of the Board's office, located at 3388 Brentwood Drive in Baton Rouge, Louisiana. The meeting was held pursuant to public notice, each member received notice, and notice was properly posted.

1. Call to Order Mr. Carl Aron, President, called the meeting to order at 10:15 a.m.

2. Invocation & Pledge Mr. Aron called upon Mr. Brian Bond, and he delivered the invocation. Ms. Diane Milano then led the group in the recitation of the Pledge of Allegiance.

3. Quorum Call Mr. Aron then called upon the Secretary, Mr. Bond, to call the roll.

Members Present: Mr. Carl W. Aron Mr. Brian A. Bond Mr. Clovis S. Burch Mr. Ryan M. Dartez Ms. Jacqueline L. Hall Mr. Richard M. Indovina Mr. Marty R. McKay Ms. Chris B. Melancon Ms. Diane G. Milano Mr. Blake P. Pitre Mr. T. Morris Rabb Ms. Pamela G. Reed Mr. Don L. Resweber Dr. Deborah H. Simonson Mr. Richard A. Soileau Mr. Rhonny K. Valentine

Members Absent: Mr. Ronald E. Moore

Staff Present: Mr. Malcolm J. Broussard, Executive Director Mr. Carlos M. Finalet, III, General Counsel Mr. M. Joseph Fontenot, Assistant Executive Director

Guests: Mr. Joseph L. Adams Mr. David Ruckman ? Target Pharmacies Ms. Rosamaend Oglesbee ? CVS Pharmacies Mr. Carl Gulino ? Wal-Mart Pharmacies Ms. Angie Huff ? The Wellness Corner

- 4 ?

Mr. Max Huff ? The Wellness Corner Mr. Karl Koch ? Koch & Messer o/b/o The Wellness Corner Ms. Mary Staples ? NACDS Ms. Crystal Carter ? La. Pharmacists Association Mr. Randal Johnson ? La. Independent Pharmacies Association Ms. Linda Spradley ? Spradley & Spradley Mr. Danny Donato ? Omnicare Pharmacies Ms. Rebecca LaRochelle ? Walgreen Pharmacies

Mr. Bond certified 16 of the 17 members were present, constituting a quorum for the conduct of official business.

4. Call for Additional Agenda Items Mr. Aron asked if there were any additional agenda items, but none were offered.

Mr. Karl Koch requested an opportunity to be heard; without objection, Mr. Aron granted him three minutes. Mr. Koch informed the members the Board of Medical Examiners had recently filed a law suit against his clients, Ms. Angie Huff and The Wellness Corner, alleging the unlicensed practice of medicine. Mr. Koch informed the members he had submitted a petition for declaratory statement the previous week to the Board of Pharmacy. Mr. Koch suggested the matter was urgent and requested the petition be added to the agenda for this meeting in lieu of deferring it until the following meeting.

Mr. Aron repeated his request to the members asking for any additional agenda items, but none were offered. Mr. Aron then requested authority from the Board to reorder the agenda as necessary for the purpose of adjusting the sequence of various reports or guests. There were no objections to that request.

5. Consideration of Minutes Mr. Aron reminded the members they had received the draft minutes from the Regular Board Meeting on November 6, 2013, and the Administrative Hearing on November 7, 2013, both of which were held in Baton Rouge, Louisiana. With no objections, he waived the reading thereof. Hearing no requests for amendment or any objection to their approval, Mr. Aron declared the minutes were approved as presented. Mr. Bond reminded the members to sign the Minute Book.

6. Report on Action Items Mr. Broussard reported on the promulgation of the rule relative to collaborative

drug therapy management as well as the re-publication of the emergency rule relative to pharmacy compounding. He also reported on activities relative to nonresident pharmacies. In particular, he reminded the members of the article in the January 2014 edition of the Board's newsletter advising nonresident pharmacies of the requirement for a recent inspection report in order to renew their permits for Calendar Year 2015, as well as the recent implementation of the Verified Pharmacy Program (VPP) by the National Association of Boards of Pharmacy (NABP). That program will assist boards by offering qualified inspections of pharmacies as well as offering a clearinghouse of licensure and disciplinary information for all pharmacies.

- 5 ?

7. Confirmation of Acts Pursuant to Mr. Aron's declaration that the officers, committees, and executive director had attended to the business of the Board since the last meeting in accordance with policies and procedures previously approved by the Board, Mr. Rabb moved,

Resolved, that the actions taken and decisions made by the Board officers, Board committees, and Executive Director in the general conduct and transactions of Board business since November 7, 2013 are approved, adopted, and ratified by the entire Board. The motion was adopted after a unanimous vote in the affirmative.

8. Opportunity for Public Comment Mr. Aron reminded the members and guests the Open Meetings Law requires all public bodies to provide an opportunity for public comment at all meetings and for each agenda item upon which a vote is to be taken. He solicited general comments on nonagenda items from the guests present, and no comments were offered.

Statement of Purpose Mr. Aron reminded the members of the purpose and mission of the Board of Pharmacy by reciting the relevant portion of the Louisiana Pharmacy Practice Act. He urged the members to keep their mission in mind as they considered all the matters before them.

9. Committee Reports A. Finance Committee Mr. Aron called upon Mr. Pitre for the committee report. Mr. Pitre directed the members to the interim financial report in their meeting binders. He reviewed the report which included data for the second quarter ending December 31, 2013. He responded to questions from the members and tendered the report for information only. Finally, Mr. Pitre expressed his appreciation to the other members of the committee for their work the previous day.

B. Application Review Committee. Mr. Aron called upon Mr. Soileau for the committee report. Mr. Soileau

reported the committee met on November 12, 2013 to consider seven referrals from the staff. Following the committee's interviews and deliberations, they authorized the issuance of two credentials without restriction. Further, one applicant has re-filed another application and the matter has been continued. Further, one applicant has been referred to a formal administrative hearing scheduled for the following day. He then reported the following files to the members for their consideration.

Monica Leigh Goux-Hahn (Applicant for PTC Registration) Mr. Soileau moved to deny the application and refuse to issue the registration. The motion was adopted after a unanimous vote in the affirmative. The Board denied the application and refused to issue the registration.

- 6 ?

Jaime Lea Anderson (Applicant for PTC Registration) Mr. Soileau moved to deny the application and refuse to issue the registration. The motion was adopted after a unanimous vote in the affirmative. The Board denied the application and refused to issue the registration.

William Lee Pearson (Applicant for PST Licensure) Mr. Soileau moved to deny the application and refuse to issue the license. The motion was adopted after a unanimous vote in the affirmative. The Board denied the application and refused to issue the license.

Lifechek #19 (Applicant for PHY Permit) Mr. Soileau moved to approve the non-disciplinary agreement. The motion was adopted after a unanimous vote in the affirmative. The Board permitted the applicants to withdraw their application, and further, restricted the applicants from submitting any future application for a Louisiana pharmacy permit for at least ten years.

Finally, Mr. Soileau expressed his appreciation to the other members of the committee for their ongoing efforts.

C. Reciprocity Committee Mr. Aron called upon Ms. Hall for the committee report. She reported the

committee interviewed 39 applicants in the interim since the previous board meeting, and in conformance with the policies and procedures previously approved by the board, had authorized the issuance of pharmacist licenses for those applicants. She noted their names were recorded on the posted committee meeting agenda for that day. She then reported the committee interviewed an additional 21 applicants earlier that day, and their names were also listed on the posted committee agenda, a copy of which was in the meeting binder. She informed the members that one of the applicants, Mr. Garcia, withdrew his application in lieu of any adverse action. She then moved for the Board to approve the remaining 20 applicants for pharmacist licensure by reciprocity. The motion was adopted after a unanimous vote in the affirmative. The Board ordered the issuance of the licenses.

Ms. Hall reminded the members of the President's directive at the previous Board meeting to review the committee's policy and develop a recommendation as to the necessity of continuing to require a personal interview with all reciprocity applicants. Following their deliberation, the committee voted to recommend a revision to their policy that would reserve the Board's right to require a personal interview based on any information contained within the application or otherwise acquired by the Board, but that personal interviews would no longer be a mandatory requirement for all applicants. She directed the members to a copy of the proposed policy revision in their meeting binders. Ms. Hall then moved,

Resolved, that the Board approve the proposed revision to Policy No. I.B.4.a ~ Reciprocity Committee. The motion was adopted after a unanimous vote in the affirmative. Ms. Hall closed her report with appreciation to her fellow committee

- 7 ?

members for their work earlier that day.

D. Violations Committee Mr. Aron called upon Mr. Bond for the committee report. Mr. Bond

reported the committee held an informal conference on December 11-12 to consider their posted agenda which included 31 cases: 11 pharmacists, 5 pharmacy technicians, one pharmacy technician candidate, 13 pharmacy permits, and one DME permit. Following their interviews and deliberations, the committee took no action on 18 of the cases. He then presented the following proposed voluntary consent agreements for their consideration.

Christine Adele Ackal (PST.015539) Mr. Bond moved to approve the proposed voluntary consent agreement. The motion was adopted after a unanimous vote in the affirmative. The Board suspended the license for five years and suspended the execution of the suspension, then placed the license on probation for five years, effective January 30, 2014, subject to certain terms enumerated in the consent agreement, and further, assessed a fine of $10,000 plus administrative costs.

Ackal's Community Pharmacy (PHY.005948 & CDS.039106) Mr. Bond moved to approve the proposed voluntary consent agreement. The motion was adopted after a unanimous vote in the affirmative. The Board suspended the permit and CDS license for five years and suspended the execution of the suspension, then placed the permit and CDS license on probation for five years, effective January 30, 2014, subject to certain terms enumerated in the consent agreement, and further, assessed a fine of $10,000 plus administrative and investigative costs and attorney's fees.

Walgreen Louisiana Co., Inc. d/b/a Walgreen Pharmacy No. 110-06219 (PHY.001166) Mr. Bond moved to approve the proposed voluntary consent agreement. The motion was adopted after a unanimous vote in the affirmative. The Board assessed a fine of $2,500 plus administrative and investigative costs.

Monica Piserell Harrington (PST.017453) Mr. Bond moved to approve the proposed voluntary consent agreement. The motion was adopted after a unanimous vote in the affirmative. The Board issued a Letter of Reprimand, and further, assessed administrative costs.

Stephanie Ann LaRocca (CPT.011775) Mr. Bond moved to approve the proposed voluntary consent agreement. The motion was adopted after a unanimous vote in the affirmative. The Board issued a Letter of Reprimand, and further, assessed administrative costs.

Walgreen Louisiana Co., Inc. d/b/a Walgreen Pharmacy No. 10399 (PHY.005672) Mr. Bond moved to approve the proposed voluntary consent agreement. The motion was adopted after a unanimous vote in the

- 8 ?

 ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download