NOTE:    The following Minutes are provided for informational purposes only.

If you would like to obtain an official copy of these Minutes, please contact the

State Board of Pharmacy at 614/466-4143 for instructions and fee.

 

 

 

Minutes Of The Meeting

Ohio State Board of Pharmacy

Columbus, Ohio

May 15, 2001

 

TUESDAY, MAY 15, 2001

 

  8:09 a.m.      ROLL CALL

 

The State Board of Pharmacy convened in Room 1948, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with the following members present:

 

Suzanne L. Neuber, R.Ph. (President); Diane C. Adelman, R.Ph. (Vice-President); Ann D. Abele, R.Ph.; Suzanne R. Eastman, R.Ph.; Robert P. Giacalone, R.Ph.; Lawrence J. Kost, R.Ph.; Dorothy S. Teater, Public Member; and James E. Turner, R.Ph.

 

Also present were William T. Winsley, Executive Director; Timothy Benedict, Assistant Executive Director; Mark Keeley, Legislative Affairs Administrator; David Rowland, Legal Affairs Administrator; and Sally Ann Steuk, Assistant Attorney General.

  8:10 a.m.

Ms. Abele moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code and for the purpose of conferring with an attorney for the Board regarding pending or imminent court action pursuant to Section 121.22(G)(3) of the Revised Code.  The motion was seconded by Mrs. Adelman and a roll call vote was conducted by President Neuber as follows: Adelman-Yes, Abele-Yes, Eastman-Yes, Giacalone-Yes, Kost-Yes, Teater-Yes, and Turner-Yes.

10:25 a.m.

RES. 2001-154  The Executive Session ended and the meeting was opened to the public.  Ms. Eastman moved that the Board agree to extend the contract with the Attorney General’s office for the services of a full time Assistant Attorney General.  The motion was seconded by Mrs. Adelman and approved by the Board (Aye-7/Nay-0).

 

RES. 2001-155  Ms. Eastman then moved that the Board issue the following Cease and Desist letters to SAJ Pharmaceutical Company of Pine Bluff, Arkansas and to RX Plus of Akron, Ohio:

 

CEASE AND DESIST

 

SAJ Pharmaceutical Company

3022 North Midland Drive

Pine Bluff, Arkansas 71603

 

To Whom It May Concern:

 

Ohio State Board of Pharmacy records indicate that SAJ Pharmaceutical Company distri­butes dangerous drugs and controlled substances at wholesale into the State of Ohio.

 

Please be reminded that Section 4729.51(A) of the Ohio Revised Code states in pertinent part: “No person other than a registered wholesale distributor of dangerous drugs shall . . . sell, distribute, or deliver, at wholesale, dangerous drugs . . .”  Violation of this provi­sion is a misdemeanor of the first degree, and is punishable by a fine of One Thousand Dollars ($1,000.00) and incarceration up to six (6) months for an individual, and is pun­ishable by a fine of Five Thousand Dollars ($5,000.00) for an organization.

 

In addition, Section 2925.03 of the Ohio Revised Code prohibits the sale of controlled substances unless the seller is acting in accordance with Chapters 3719. and 4729. of the Ohio Revised Code, each of which requires licensure.  A violation of this section is a felony depending upon the amount of the substance, and is punishable by a mandatory fine of up to Twenty Thousand Dollars ($20,000.00) and incarceration up to ten (10) years for an individual, and is punishable by a fine up to Twenty-five Thousand Dollars ($25,000.00) for an organization.  SAJ Pharmaceutical Company is not so licensed and therefore cannot legally distribute dangerous drugs into Ohio.  To do so is in violation of Ohio law.

 

YOU ARE HEREBY ADVISED that pursuant to Section 4729.25(B) of the Ohio Revised Code, the Ohio State Board of Pharmacy may issue notice or warning to an alleged offender of any of the provisions of Chapter 4729. of the Ohio Revised Code;  thus, you are hereby notified to immediately CEASE distribution, sale or delivery of dangerous drugs into the State of Ohio unless you are properly licensed to do so, and DESIST from any further violations of Chapter 4729. of the Ohio Revised Code.

 

If you desire to become licensed in order to continue distributing dangerous drugs and/or controlled substances at wholesale, or at retail pursuant to Section 4729.551 of the Ohio Revised Code, please contact the licensing division of the Board, the address and phone number being listed above, and information will be sent to you.

 

If you have questions or comments, feel free to correspond by telephone, mail, or elec­tronic mail (e-mail).

BY ORDER OF THE OHIO STATE BOARD OF PHARMACY

cc:  Sally Ann Steuk, Assistant Attorney General

 

 

CEASE AND DESIST

 

Rx Plus

c/o Zia Malik, R.Ph.

3333 Manchester Road, Suite T

Akron, Ohio  44319

 

Dear Mr. Malik:

 

The Ohio State Board of Pharmacy records indicate that you are the responsible pharma­cist at Rx Plus, a Terminal Distributor of Dangerous Drugs.

 

It has come to the attention of the Board that Rx Plus purchased various dangerous drugs and controlled substances from SAJ Pharmaceutical Company.  SAJ Pharmaceutical Com­pany is not licensed with the Ohio State Board of Pharmacy.  Please be reminded that Section 4729.51(A) of the Ohio Revised Code states in pertinent part: “No person other than a registered wholesale distributor of dangerous drugs shall . . . sell, distribute, or deliver, at wholesale, dangerous drugs . . .”  Violation of this provision is a misdemeanor of the first degree, and is punishable by a fine of One Thousand Dollars ($1,000.00) and incarceration up to six (6) months for an individual, and is punishable by a fine of Five Thousand Dollars ($5,000.00) for an organization.

 

Additionally, Section 2925.03 of the Ohio Revised Code prohibits the sale of controlled substances unless the seller is acting in accordance with Chapters 3719. and 4729. of the Ohio Revised Code, each of which requires licensure.  A violation of this section is a felony depending upon the amount of the substance, and is punishable by a mandatory fine of up to Twenty Thousand Dollars ($20,000.00) and incarceration up to ten (10) years for an individual, and is punishable by a fine up to Twenty-five Thousand Dollars ($25,000.00) for an organization.  SAJ Pharmaceutical Company is not so licensed and therefore cannot legally distribute dangerous drugs into Ohio.  To do so is in violation of Ohio law, and to purchase drugs from an unauthorized seller is aiding and abetting such sale.

 

Further, Section 4729.60(B) of the Ohio Revised Code states in pertinent part:  “Before a licensed terminal distributor of dangerous drugs may purchase dangerous drugs at whole­sale, the terminal distributor shall obtain from the seller and the seller shall furnish to the terminal distributor the number of the seller’s registration certificate to engage in the sale of dangerous drugs at wholesale.  If no registration number is obtained or furnished before a purchase is made, it shall be presumed that the purchase of dangerous drugs by the terminal distributor is in violation of division (D) of section 4729.51 of the Revised Code and the sale of dangerous drugs by the seller is in violation of division (A) of section 4729.51 of the Revised Code . . .”  Violation of this provision is a misdemeanor of the first degree, and is punishable by a fine of One Thousand Dollars ($1,000.00) and incarcera­tion up to six (6) months for an individual, and is punishable by a fine of Five Thousand Dollars ($5,000.00) for an organization.

 

YOU ARE HEREBY ADVISED that pursuant to Section 4729.25(B) of the Ohio Revised Code the Board of Pharmacy may issue notice or warning to an alleged offender of any of the provisions of Chapter 4729. of the Ohio Revised Code; thus, you are hereby notified to immediately CEASE purchasing dangerous drugs from unlicensed entities, and DESIST from any further violations of Chapter 4729. of the Ohio Revised Code.

BY ORDER OF THE OHIO STATE BOARD OF PHARMACY

cc:  Sally Ann Steuk, Assistant Attorney General

 

The motion was seconded by Mr. Giacalone and approved by the Board (Aye-7/Nay-0).

 

RES. 2001-156  Mr. Turner moved that the Board deny the request for a continuance of the August 6, 2001 hearing in the matter of Colin E. Bayliss, R.Ph.  The motion was seconded by Mr. Kost and approved by the Board (Aye-7/Nay-0).

 

RES. 2001-157  Mr. Kost moved that the Board deny the settlement offer from CVS in the matter of CVS Pharmacy #3131.  The motion was seconded by Ms. Abele and approved by the Board (Aye-7/Nay-0).

 

RES. 2001-158  Ms. Abele moved that the Board deny the request for a reconsideration of the penalty in the matter of Richard Petrilla, R.Ph. and Dick's Pharmacy.  The motion was seconded by Ms. Eastman and approved by the Board (Aye-7/Nay-0).

 

RES. 2001-159  Ms. Abele then moved that Board staff be instructed to pursue an appeal of the decision of the Court of Appeals in the matter of Linden Pharmacy/Columbus.  The motion was seconded by Ms. Eastman and approved by the Board (Aye-7/Nay-0).

 

RES. 2001-160  Ms. Abele next moved that Harold Duncan, R.Ph. be allowed to sit as a candidate to reciprocate his pharmacist license to Ohio at the reciprocity hearing scheduled for 1:00 p.m.  The motion was seconded by Mr. Turner and approved by the Board (Aye-7/­Nay-0).

 

RES. 2001-161  Ms. Abele then moved that, pursuant to Section 3719.121 of the Revised Code, the Board summarily suspend the license to practice pharmacy belonging to Kevin Chakos, R.Ph. (03-1-24288) due to the fact that a continuation of his professional practice pre­sents a danger of immediate and serious harm to others.  The motion was seconded by Ms. Eastman and approved by the Board (Aye-7/Nay-0).

 

RES. 2001-162  Mr. Winsley announced that the Settlement Agreement with Roger K. Elliott, R.Ph. has been signed and is effective as follows:

 

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-000915-009)

 

In The Matter Of:

 

ROGER K. ELLIOTT, R.Ph.

2769 Dresden Road

Zanesville, Ohio 43701

(R.Ph. No. 03-3-07510)

 

This Settlement Agreement is entered into by and between Roger K. Elliott and the Ohio State Board of Pharmacy, a state agency charged with enforcing the Pharmacy Practice Act and Dangerous Drug Distribution Act, Chapter 4729. of the Ohio Revised Code.

 

Roger K. Elliott enters into this Agreement being fully informed of his rights afforded under Chapter 119. of the Ohio Revised Code, including the right to representation by counsel and the right to a formal adjudication hearing on the issues contained herein.

 

Roger K. Elliott is knowingly and voluntarily acknowledging that, in order to settle the disciplinary charges that have been filed by the Board against him and in order to obviate the need to conduct an administrative hearing to consider possible disciplinary sanctions against his license to practice pharmacy in the State of Ohio, this Agreement is entered into on the basis of the following stipulations, admissions, and understandings:

 

(A)     The Ohio State Board of Pharmacy is empowered by Section 4729.16 of the Ohio Revised Code to suspend, revoke, place on probation, refuse to grant or renew an identification card, or impose a monetary penalty on the license holder for violation of any of the enumerated grounds.

 

(B)     Roger K. Elliott admits the allegations stated in the Notice of Opportunity for Hearing letter dated September 15, 2000, which is attached hereto and incorporated herein; and, the Board has evidence sufficient to sustain the allegations and hereby adjudicates the same:.

 

Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of a formal hearing at this time, Roger K. Elliott knowingly and voluntarily agrees with the State Board of Pharmacy to the following:

 

(A)     A indefinite suspension of his pharmacist identification card, No. 03-3-07510, and such suspension is effective as of the date of this Agreement, April 4, 2001.  Pursuant to Rule 4729-9-01(F) of the Ohio Administrative Code, Roger K. Elliott may not be employed by or work in a facility licensed by the Board of Pharmacy to possess or distribute dangerous drugs during such period of suspension.

 

(B)     Division (B) of Section 4729.16 of the Revised Code provides that: “Any individual whose identification card is revoked, suspended, or refused, shall return his identification card and certificate of registration to the offices of the state board of pharmacy within ten days after receipt of the notice of such action.”  The certificate and identification card should be forwarded by certified mail, return receipt requested.

 

(C)     The Board of Pharmacy will consider a petition for re-licensure only after a minimum period of suspension of two years from the date of this Agreement.  In any such petition, Roger K. Elliott must present evidence of the following:

 

(1)     Roger K. Elliott has obtained a full psychiatric evaluation by a licensed psychiatrist within sixty (60) days subsequent to the date of this Agreement.   The evaluation and a plan of treatment must have been submitted to the Board office by the psychiatrist within thirty (30) days after the evaluation.

 

(2)     The petition must be accompanied by a statement from the treating psychiatrist, issued within ninety (90) days preceding the date of the petition, which states the psychiatrist's professional opinion, based upon a reasonable degree of medical certainty, regarding Mr. Elliott's compliance with his treatment plan, his future treatment plans, and his ability to practice pharmacy.

 

(D)     The State Board of pharmacy hereby declares that Roger K. Elliott’s pharmacist identification card is not in good standing.

 

UPON RECEIPT OF ANY SUCH PETITION FOR RE-LICENSURE, the State Board of Pharmacy will, pursuant to Chapter 119. of the Ohio Revised Code, schedule and conduct an adjudicatory hearing to determine Roger K. Elliott's competency to practice pharmacy.  Whereupon, the Board, in its discretion pursuant to Section 3719.121 and 4729.16 of the Ohio Revised Code, may grant or deny re-licensure, or it may grant re-licensure and place restrictions upon Roger K. Elliott's practice of pharmacy.

 

Roger K. Elliott acknowledges that he has had an opportunity to ask questions concerning the terms of this agreement and that all questions asked have been answered in a satisfactory manner.  Any action initiated by the Board based on alleged violation of this Agreement shall comply with the Administrative Procedure Act, Chapter 119. of the Ohio Revised Code.

 

 

Roger K. Elliott waives any and all claims or causes of action he may have against the State of Ohio or the Board, and members, officers, employees, and/or agents of either, arising out of matters which are the subject of this Agreement.  Roger K. Elliott  waives any rights of appeal pursuant to Chapter 119. of the Ohio Revised Code.

 

This Settlement Agreement shall be considered a public record, as that term is used in Section 149.43 of the Ohio Revised Code, and shall become effective upon the date of the Board President’s signature below.

 

/s/          Roger K. Elliott  RPH

 

/d/     4-4-01

Roger K. Elliott, Respondent

 

Date of Signature

 

 

 

/s/          Kevin L. Shoemaker

 

/d/     4-4-01

Kevin L. Shoemaker, Attorney for Respondent

 

Date of Signature

 

 

 

/s/          Suzanne L. Neuber

 

/d/     5/15/01

Suzanne L. Neuber, President, Ohio State Board of Pharmacy

 

Date of Signature

 

 

 

/s/          Sally Ann Steuk

 

/d/      4-9-01

Sally Ann Steuk, Ohio Assistant Attorney General

 

Date of Signature

 

RES. 2001-163  Mr. Winsley also announced that the Settlement Agreement with Lillian Silvershein-Weiss, R.Ph. has been signed and is effective as follows:

 

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-010313-051)

 

In The Matter Of:

 

Lillian Silvershein-Weiss, R.Ph.

960 Royal Arms Drive

Girard, Ohio  44420

(R.Ph. No. 03-3-16198)

 

This Settlement Agreement is entered into by and between Lillian Silvershein-Weiss and the Ohio State Board of Pharmacy, a state agency charged with enforcing the Pharmacy Practice Act and Dangerous Drug Distribution Act, Chapter 4729. of the Ohio Revised Code.

 

Lillian Silvershein-Weiss enters into this Agreement being fully informed of her rights afforded under Chapter 119. of the Ohio Revised Code, including the right to represen­tation by counsel and the right to a formal adjudication hearing on the issues contained herein.

 

Lillian Silvershein-Weiss is knowingly and voluntarily acknowledging that, in order to settle the disciplinary charges that have been filed by the Board against her and in order to obviate the need to conduct an administrative hearing to consider possible disciplinary sanctions against her license to practice pharmacy in the State of Ohio, this Agreement is entered into on the basis of the following stipulations, admissions, and understandings:

 

(A)     The Ohio State Board of Pharmacy is empowered by Section 4729.16 of the Ohio Revised Code to suspend, revoke, place on probation, refuse to grant or renew an identification card, or impose a monetary penalty on the license holder for violation of any of the enumerated grounds.

 

(B)     Lillian Silvershein-Weiss admits the allegations stated in the Notice of Opportunity for Hearing letter dated March 13, 2001, which is attached hereto and incorporated herein; and, the Board has evidence sufficient to sustain the allegations and hereby adjudicates the same.

 

Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of a formal hearing at this time, Lillian Silvershein-Weiss knowingly and voluntarily agrees with the State Board of Pharmacy to the following:

 

Lillian Silvershein-Weiss agrees to the imposition of a monetary penalty of one thousand dollars ($1,000.00) due and owing within thirty days from the effec­tive date of this Agreement.  Checks should be made payable to the "Treasurer, State of Ohio" and mailed with the enclosed forms to the State Board of Phar­macy, 77 South High Street, 17th Floor, Columbus, Ohio 43266-0320.

 

Lillian Silvershein-Weiss acknowledges that she has had an opportunity to ask questions concerning the terms of this agreement and that all questions asked have been answered in a satisfactory manner.  Any action initiated by the Board based on alleged violation of this Agreement shall comply with the Administrative Procedure Act, Chapter 119. of the Ohio Revised Code.

 

Lillian Silvershein-Weiss waives any and all claims or causes of action she may have against the State of Ohio or the Board, and members, officers, employees, and/or agents of either, arising out of matters which are the subject of this Agreement.  Lillian Silvershein-Weiss waives any rights of appeal pursuant to Chapter 119. of the Ohio Revised Code.

This Settlement Agreement shall be considered a public record, as that term is used in Section 149.43 of the Ohio Revised Code, and shall become effective upon the date of the Board President’s signature below.

 

/s/          Lillian Silvershein-Weiss

 

/d/     4/11/2001

Lillian Silvershein-Weiss, Respondent

 

Date of Signature

 

 

 

/s/          Charles E. Dunlap

 

/d/     4/11/2001

Charles E. Dunlap, Attorney for Respondent

 

Date of Signature

 

 

 

/s/          Suzanne L. Neuber

 

/d/     5/15/2001

Suzanne L. Neuber, President, Ohio State Board of Pharmacy

 

Date of Signature

 

 

 

/s/          Sally Ann Steuk

 

/d/      4-26-01

Sally Ann Steuk, Ohio Assistant Attorney General

 

Date of Signature

 

10:50 a.m.

The Board took a brief recess.

11:00 a.m.

Mr. Littlejohn arrived.  The Board convened in Room 1919, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio, for the purpose of holding a Public Hearing on proposed rules with the following members present:

 

Suzanne L. Neuber, R.Ph. (President); Diane C. Adelman, R.Ph. (Vice-President); Ann D. Abele, R.Ph.; Suzanne R. Eastman, R.Ph.; Robert P. Giacalone, R.Ph.; Lawrence J. Kost, R.Ph.; Amonte B. Littlejohn, R.Ph.; Dorothy S. Teater, Public Member; and James E. Turner, R.Ph.

 

The Board was also joined by Assistant Attorney General Sally Ann Steuk and Executive Director William T. Winsley.

11:17 a.m.

The Public Hearing ended and the Board returned to Room 1948 to continue with the meeting of the Board.

 

RES. 2001-164  Mr. Kost and William McMillen, Licensing Administrator, discussed two requests from groups wishing to be approved as providers of continuing pharmacy education (CPE) by the Board.  After discussion, Mr. Giacalone moved that the Board approve the application presented by Pharmacy Jurisprudence, L.L.C. to be a provider of continuing pharmacy education.  The motion was seconded by Mrs. Adelman and approved by the Board (Aye-8/Nay-0).

 

RES. 2001-165  Ms. Abele then moved that the Board deny the request for approval of the submitted program from Pharmacy Jurisprudence, L.L.C. as Board-approved jurisprudence due to inadequacies in the program identified by the Board members.  This motion was seconded by Ms. Eastman and approved by the Board (Aye-8/Nay-0).

 

RES. 2001-166  After discussion, Mr. Kost moved that the application presented by Medina General Hospital Pharmacy Department to be a provider of continuing pharmacy education be approved following the receipt of the previously missing application materials.  The motion was seconded by Mr. Turner and approved by the Board (Aye-8/Nay-0).

 

RES. 2001-167  Mr. Benedict distributed information received from Quality Care Partners regarding a diabetic teaching and monitoring program that they wished properly-trained pharma­cists to conduct.  After discussion, the consensus of the Board members was that properly-trained pharmacists could participate in this program to the extent described in the material presented as part of their duties relating to the practice of pharmacy and the care of the patients.

11:42 a.m.

The Board recessed for lunch.

  1:00 p.m.

The Board convened in Room 1919, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio, for the purpose of meeting with the candidates for licensure by reciprocity with the following members present:

 

Suzanne L. Neuber, R.Ph. (President); Diane C. Adelman, R.Ph. (Vice-President); Ann D. Abele, R.Ph.; Suzanne R. Eastman, R.Ph.; Robert P. Giacalone, R.Ph.; Lawrence J. Kost, R.Ph.; Amonte B. Littlejohn, R.Ph.; Dorothy S. Teater, Public Member; and James E. Turner, R.Ph.

 

RES. 2001-168  Following presentations by Board members and self-introductions by the candidates for licensure by reciprocity, Mrs. Adelman moved that the Board approve the following candidates for licensure.  The motion was seconded by Mr. Littlejohn and approved by the Board (Aye-8/Nay-0).

 

KONSTANTINOS D. AFENDRAS

 

 

ILLINOIS

CAROLYN MARIE ANDERSON

 

 

WEST VIRGINIA

DAWN CHRISTINE DEANGELO

 

 

PENNSYLVANIA

HAROLD RAY DUNCAN

 

 

KENTUCKY

JEFFREY MAC FLORA

 

 

KENTUCKY

JENNIFER LEAH GALLAGHER

 

 

WASHINGTON

BENJAMIN JOSEPH HALLEY

 

 

INDIANA

GARRET D. JOHNSON

 

 

NORTH DAKOTA

MICHAEL JOHN KEARNEY

 

 

NEVADA

SUSAN SCHENCK LESTER

 

 

NORTH CAROLINA

KRISTINE MARIE RAWLINGS

 

 

MICHIGAN

SARAH ELSA ROBERTS

 

 

IOWA

JOHN WAYNE RYAN

 

 

MASSACHUSETTS

ANDREA MARIE SIMPSON

 

 

INDIANA

CHARLES EDWARD SNYDER

 

 

WEST VIRGINIA

JANINE BLACHE TALBERT

 

 

WASHINGTON DC

MICHELE TOMMARELLO

 

 

PENNSYLVANIA

  1:20 p.m.

The Board reconvened in Room 1948 with all members present to continue the meeting.  The Board was joined by Ruth Plant, R.Ph., the Board’s clinical pharmacist appointee to the Nursing Board’s Committee on Prescriptive Governance (CPG), to discuss APN formulary issues and other CPG-related topics.

 

Mr. Winsley distributed copies of the Nursing Board’s web page showing the addition of the list of APNs with prescribing privileges and the APN formularies for the pilot programs.

 

Mr. Winsley reported on the meeting with the Senate Finance Committee regarding the Board's Fiscal Year 2002-2003 budget.

 

RES. 2001-169  Ms. Eastman moved that the Board approve the following rules for implementation on June 1, 2001 and that the Board staff be instructed to file them with the appropriate agencies as soon as possible:

 

4729-29-01  Reasonable attempt to contact and confer.

 

As used in DIVISION (B) OF section 4729.39 of the Revised Code, a “reasonable attempt to contact and confer” shall be deemed to have occurred if the pharmacist provides the physician with notification of the intended action to be taken pursuant to the consult agreement and provides the physician with the opportunity to respond in a timely man­ner.  Such notification may include, but is not limited to, one of the following methods:

 

(A)  Personally meeting with the physician;

 

(B)  Telephone discussion with the physician;

 

(C)  Facsimile in a manner that confirms delivery;

 

(D)  Electronic mail that confirms delivery;

 

(E)  Any other method in writing that reaches the physician in a timely manner; or

 

(F)  Any other method of notification as outlined in the consult agree­ment between the pharmacist and physician that might reasonably be expected to allow for the notification of the physician prior to the implemen­tation of the intended action.

 

4729-29-03  Records.

 

As required by section 4729.39 of the Revised Code, all consult agreements and the records of actions taken pursuant to such consult agreements shall be in writing.  The pharmacist THESE RECORDS shall maintain these records BE MAINTAINED in such a manner that they are readily retrievable for at least three years from the date of the last action taken under the consult.  Such consult agreements shall be con­sidered confidential patient records and are therefore subject to the requirements of rule 4729-5-29 of the Administrative Code.

 

4729-29-06  INSTITUTIONAL POLICY FOR CONSULT AGREEMENTS.

 

AN INSTITUTIONAL POLICY FOR CONSULT AGREEMENTS DEVELOPED PURSUANT TO DIVISION (C) OF SECTION 4729.39 OF THE REVISED CODE MUST INCLUDE AT LEAST THE FOLLOWING CRITERIA:

 

(A)  THE APPROPRIATE INSTITUTIONAL CREDENTIALING OR PRIVILEGING PROCED­URES FOR EACH INDIVIDUAL PHARMACIST PRIOR TO THE PHARMACIST ACTING UNDER ANY CONSULT AGREEMENT;

 

(B)  THE CREDENTIALING OR PRIVILEGING PROCEDURES THAT DELINEATE AN INDI­VIDUAL PHARMACIST’S SCOPE OF PRIVILEGES WHEN ACTING UNDER A CONSULT AGREEMENT;

 

(C)  AN APPROPRIATE QUALITY ASSURANCE MECHANISM TO ENSURE THAT PHARMA­CISTS WHO ACT UNDER A CONSULT AGREEMENT DO SO ONLY WITHIN THE SCOPE OF PRIVILEGES GRANTED;

 

(D)  A WRITTEN DESCRIPTION FOR EACH OF THE FOLLOWING:

 

(1)  THE MECHANISM TO BE USED FOR COVERAGE WHEN THE CONSULT AGREEMENT PHARMACIST OR PHYSICIAN IS NOT PHYSICALLY PRESENT;

 

(2)  HOW THE CONSULT AGREEMENT WILL BE MADE IN WRITING;

 

(3)  HOW THE CONSULT AGREEMENT SHALL BE COMMUNICATED TO THE PATIENT OR LEGAL GUARDIAN;

 

(4)  HOW THE PHARMACIST SHALL DOCUMENT EACH ACTION TAKEN UNDER THE CONSULT AGREEMENT;

 

(5)  THE METHODS TO BE USED FOR THE REQUIRED COMMUNICATION BETWEEN A PHARMACIST AND PHYSICIAN;

 

(6)  THE APPROPRIATE METHODS FOR TERMINATING A CONSULT AGREEMENT.

 

4729-29-07  BOARD REVIEW OF THE INSTITUTIONAL POLICY FOR CONSULT AGREEMENTS.

 

AN INSTITUTIONAL POLICY FOR CONSULT AGREEMENTS DEVELOPED PURSUANT TO DIVISION (C) OF SECTION 4729.39 OF THE REVISED CODE SHALL BE SUBJECT TO REVIEW BY THE STATE BOARD OF PHARMACY AS FOLLOWS:

 

(A)  UPON THE REQUEST OF THE STATE BOARD OF PHARMACY, A HOSPITAL SHALL IMMEDIATELY MAKE AVAILABLE ITS POLICY FOR CONSULT AGREEMENTS.  THE STATE BOARD OF PHARMACY, AFTER REVIEW, MAY APPROVE THE POLICY OR RETURN IT TO THE HOSPITAL FOR REVISION WITHOUT APPROVAL.

 

(B)  EACH LONG-TERM-CARE FACILITY’S POLICY FOR CONSULT AGREEMENTS SHALL BE SUBMITTED TO THE STATE BOARD OF PHARMACY FOR REVIEW PRIOR TO IMPLE­MENTATION.  THE STATE BOARD OF PHARMACY SHALL APPROVE THE POLICY ONLY AFTER THE BOARD IS SATISFIED THAT THE POLICY COMPLIES WITH ALL APPRO­PRIATE LAWS AND RULES.  ANY SUBSEQUENT REVISIONS TO THE POLICY, AFTER THE INITIAL APPROVAL, MUST BE SUBMITTED TO THE STATE BOARD OF PHARMACY AND APPROVED PRIOR TO IMPLEMENTATION.

 

(C)  IF A POLICY FOR CONSULT AGREEMENTS HAS BEEN RETURNED FOR REVISION WITHOUT APPROVAL TO A HOSPITAL OR LONG-TERM-CARE FACILITY BY THE STATE BOARD OF PHARMACY, SUCH POLICY MAY NOT BE IMPLEMENTED UNTIL IT HAS BEEN APPROVED BY THE BOARD.

 

(D)  POLICIES FOR CONSULT AGREEMENTS THAT ARE REQUESTED BY, OR THAT ARE REQUIRED TO BE SUBMITTED TO, THE STATE BOARD OF PHARMACY MAY BE REVIEWED WITH THE STATE MEDICAL BOARD, AS APPROPRIATE.

 

The motion was seconded by Mrs. Adelman and approved by the Board (Aye-8/Nay-0).

 

Mr. Winsley distributed a copy of a letter from the National Association of Boards of Pharmacy (NABP) requesting that interested NABP members submit their names for consideration of appointment to an NABP committee or task force.  Board members were encouraged to participate in this important task.

 

Mr. Winsley then distributed, for the Board’s information, a copy of a letter that was being issued jointly by Merck-Medco and CVS to patients.  After discussion, no action was needed by the Board in this matter.

 

RES. 2001-170  Mr. Winsley next distributed a request from ePhysician.com for approval of their system of electronic prescribing.  Ms. Abele moved that the Board deny approval of the system until it is able to meet the Board’s requirements for positive identification.  The motion was seconded by Mr. Littlejohn and approved by the Board (Aye-7/Nay-1).

  3:15 p.m.

The Board took a brief recess.

  3:35 p.m.

Ms. Abele moved that the Minutes of the April 2, 3, and 4, 2001 Board meeting be approved as amended.  The motion was seconded by Mr. Turner and approved by the Board (Aye-8/Nay-0).

 

Mr. Keeley presented his legislative report to the Board.

 

Ms. Abele reported that the Formulary Committee for the APN pilot program would not meet until July.

 

Mr. Keeley reported on the last meeting of the Medical Board’s Prescribing Committee.

 

President Neuber presented, for those members who were unable to attend, the outcome of the Resolutions presented at the NABP Annual Meeting, and also reported that Mr. Winsley was elected as the District IV representative on NABP's Executive Committee.

 

Mr. McMillen presented his licensing report to the Board.

 

RES. 2001-171  The Board conducted the election of officers for Fiscal Year 2002 (July 1, 2001 to June 30, 2002).  The results were as follows:

 

President:  Ann Abele

Vice-President:  Diane Adelman

 

Mr. Littlejohn moved that the Board receive Per Diem as follows:

 

PER DIEM

 

04/27

 

05/15

 

Total

Abele

 

-

 

1

 

1

Adelman

 

-

 

1

 

1

Eastman

 

-

 

1

 

1

Giacalone

 

1

 

1

 

2

Littlejohn

 

-

 

1

 

1

Kost

 

-

 

1

 

1

Neuber

 

-

 

1

 

1

Teater

 

-

 

1

 

1

Turner

 

1

 

1

 

2

 

The motion was seconded by Mrs. Adelman and approved by the Board (Aye-8/Nay-0).

  4:58 p.m.

Mrs. Adelman moved that the meeting be adjourned.  The motion was seconded by Mr. Littlejohn and approved (Aye-8/Nay-0).

 

 

 

 

THE BOARD APPROVED THESE MINUTES ON JUNE 4, 2001.