Also present to write the practical examination was Mr. Lester Schriever, a candidate for reinstatement of a license he had previously allowed to lapse.

            At approximately 8:30 a.m., June 25, 1998, the Board met in Conference room A, at the University Park Plaza Building, 2829 University Avenue Southeast, Minneapolis, Minnesota, for the purpose of conducting a general business meeting.  All members of the Board were in attendance.  Also in attendance was the Board’s Executive Director, Mr. David Holmstrom.

            After reviewing and approving the agenda for this meeting, the Board addressed the minutes of the meeting of April 22, 1998.  Ms. Carol Peterson moved and Mr. Jeff Lindoo seconded that the minutes of the meeting of April 22, 1998 be approved as written.  The motion passed.

            The Board next turned its attention to applications to conduct new pharmacies, which it has received since its last meeting.  The first such application was submitted on behalf of Andover Park Pharmacy in Andover, Minnesota, by Mr. John K. Johnson, pharmacist-in-charge.  After carefully reviewing this application, a diagram of the proposed pharmacy, Mr. Chuck Cooper moved and Mr. Carl Benson seconded that the application be approved and a license issued, subject to the naming of a permanent pharmacist-in-charge for the pharmacy, and subject also to the successful completion of an on-site inspection, by a member of the Board's staff, to assure compliance with Pharmacy Board rules dealing with licensure, with particular attention being paid to the adequacy of the patient counseling area, insofar as it is designed to allow confidential conversations to occur, without being overheard by others.  The motion passed.

            The second application, to be considered by the Board, was submitted on behalf of Express Pharmacy in St. Paul, Minnesota, by Mr. Chao Yang, pharmacist-in-charge.  After carefully reviewing this application and a diagram of the proposed pharmacy, Mr. Don Gibson moved and Ms. Carol Peterson seconded that the application be approved and a license issued, subject to the successful completion of an on-site inspection, by a member of the Board's staff, to assure compliance with Pharmacy Board rules dealing with licensure, and with particular attention being paid to the adequacy of the patient counseling area, insofar as it allows confidential conversations to be conducted without being overheard by others.  The motion passed.

            The third application to conduct a new pharmacy, to be reviewed by the Board, was submitted on behalf of Owatonna Pharmacy Care in Owatonna, Minnesota, by Mr. Emil Jay Vancura, pharmacist-in-charge.  After carefully reviewing this application and a diagram of the proposed pharmacy, Ms. Carol Peterson moved and Mr. Chuck Cooper seconded that the application be approved and a license issued, subject to the naming of a permanent pharmacist-in-charge for the pharmacy, and subject also to the successful completion of an on-site inspection, by a member of Board’s staff, to assure compliance with Pharmacy Board rules dealing with licensure, and with particular attention being paid to the adequacy of the counseling area, insofar as it allows confidential conversations to be conducted without being overheard by others. The motion passed.

            The fourth application to conduct a new pharmacy, to be reviewed by the Board, was submitted on behalf of Target Pharmacy in Maple Grove, Minnesota, by Mr. Behzad Samari-Kermani, pharmacist-in-charge.  After carefully reviewing this application and a diagram of the proposed pharmacy, Mr. Carl Benson moved and Mr. Jeff Lindoo seconded that the application be approved and a license issued, subject to the successful completion of an on-site inspection, by a member of Board’s staff, to assure compliance with Pharmacy Board rules dealing with licensure, and with particular attention being paid to the adequacy of the counseling area, insofar as it allows confidential conversations to be conducted without being overheard by others.  The motion passed.

            The fifth application to conduct a new pharmacy, to be reviewed by the Board, was a plan for the relocation of the Duluth Clinic IV Pharmacy into a space of 389 square feet, thus necessitating a variance to the 400 square foot requirement for licensure.  After carefully reviewing this application for licensure and a variance as to the size of the licensed area, Mr. Jeff Lindoo moved and Mr. Carl Benson seconded that the Board grant the requested variance and approve the relocation of the Duluth Clinic IV Pharmacy.  The motion passed.

            The final item regarding new pharmacy licensure, to be considered by the Board, was a letter of intent, submitted by Mr. Steven Mareck, describing his intent to submit an application for Option Care / Trumm Drug Clinic Pharmacy, whereby an application will be submitted in the future for an Option Care Pharmacy located within the licensed area of what is currently Trumm Drug Clinic Pharmacy.  Mr. Mareck is requesting the Board’s consideration of this plan and guidance as to whether the Board would be willing to consider such a unique arrangement.  After discussing Mr. Mareck’s letter, the Board directed Mr. Holmstrom to inform Mr. Mareck that it will need more information on the details of his proposal, including the space requirements of both the Option Care unit and the Trumm Drug Clinic Pharmacy, if this plan were to go forward.  In addition, more information is needed relating to the staffing of each of these licensed areas.

            The Board next addressed itself to the performance of the candidates for licensure by reciprocity, and candidates for reinstatement of previously granted licenses.  After a thorough review of the performance of the candidates for licensure by reciprocity, Mr. Carl Benson moved and Ms. Carol Peterson seconded that, having passed the Jurisprudence Examination, required of candidates for reciprocity, the following candidates be granted such licensure based on their current license to practice in the state listed with their name:

CERTIFICATE #      NAME          STATE OF ORIGINAL LICENSURE

    7182      MARY JO FLOCKHART               SD

    7183      LEAH L FLORHAUG                 ND

    7184      KELLY M FRANKS                  NC

    7185      TODD J GALBREATH                ND

    7186      MOHAMMED R HAMID                MD

    7187      JEFFREY A LEMBKE                IA

    7188      MELISSA A LEMBKE                IA

    7189      RICH J MELBYE                   ND

    7190      JAMES A MICHELS                 TX

    7191      RABIH C NAHAS                   IA

    7192      LARRY D ROEHRKASSE              IA

    7193      ALICE S SHEHADY                 PA

    7194      CATHERINE A SWART               OH

    7195      NICHOLE L VETTER                SD

    7196      JENNIFER M WILLEY               IL

            The Board next addressed itself to the performance of candidates who are seeking licensure by examination and who were retaking only the State law portion, or the practical portion, or the state law and practical portion of the full board examination. In conformity with the Board’s policy, previously established, the Board again established a score of 75 as the minimum passing score.  With the passing scores thus established, Mr. Jeff Lindoo moved and Ms. Jean Lemberg seconded that the following examination retake candidates, having achieved a score of not less than 75 on the state jurisprudence examination and on the practical examination, be granted licensure as pharmacists:

OMOALUSE MEMSOH AMONI

MICHELLE L MODRIJAN

JOHN JOSEPH RESMAN

            The Board next turned its attention to variance requests that have been submitted to the Board since its last meeting.  The first request for a variance was submitted on behalf of Coram Healthcare Pharmacy in Mendota Heights, Minnesota, by Mr. David Monson, Pharmacy Manager. Mr. Monson is requesting an extension of a previously granted variance which allows Coram to provide emergency medications and supplies, to be used by designated registered nurses in the hospice/home healthcare setting, and to expand that variance to include registered nurses affiliated with children’s home care.  After reviewing Mr. Monson’s proposal, Mr. Jeff Lindoo moved and Mr. Don Gibson seconded that the previously granted variance be expanded to include nurses affiliated with children’s home care, and that the expanded variance be approved for an additional one year period of time.  The motion passed.

            The second variance request, to be considered by the Board, was submitted on behalf of Dakota Treatment Center Pharmacy by Donna Loveless, pharmacist-in-charge.  Ms. Loveless is seeking an extension on a previously granted variance relating to:

            1.   An exception from having a prescription balance, weights, graduates, mortar and pestles, etc., on the premises.

            2.   An exception from maintaining a physical barrier between the ceiling and roof deck on the perimeter walls of the licensed area.

            3.   Allowing the dosing nurse to dose patients without an on-site pharmacist when emergency situations, such as illness, disaster, or bad weather prevent the pharmacist from being at the clinic.

            4.   An exception from having to perform a drug use review at each patient visit.

            Mr. Jeff Lindoo then moved and Mr. Carl Benson seconded that Ms. Loveless’ request be granted and that the previously granted variance be extended for an additional one-year period of time.  The motion passed.

            The third request for a variance, to be considered by the Board, was submitted on behalf of Good Samaritan Pharmacy, by Ms. Tamara Nielsen, Consultant Pharmacist.  Ms. Nielsen is requesting a one-year extension to a previously granted variance, which allows the emergency kit, at the Maplewood Good Samaritan Center, to contain more than ten oral medications.  Mr. Jeff Lindoo then moved and Mr. Chuck Cooper seconded that the variance, granted to Good Samaritan Pharmacy and relating to the emergency kit at Maplewood Good Samaritan Center, be approved for an additional one-year period of time.  The motion passed.

            The fourth request for a variance, to be considered by the Board, was submitted on behalf of Good Samaritan Pharmacy by Ms. Amy Hammitt, pharmacist-in-charge.  This request is for a six-month extension to a previously granted variance, permitting the use of the Omnicell Pharmacy Module at University Good Samaritan Center in Minneapolis and St. Benedict’s Center in St. Cloud.

            After discussing Ms. Hammitt’s request, Mr. Jeff Lindoo moved and Mr. Don Gibson seconded that the Board allow the existing variance to continue until the next meeting of the Board, at which time the Board will reconsider Ms. Hammitt’s request.  In the meantime, Mr. Holmstrom is directed to contact Ms. Hammitt and obtain information regarding how many medications are stocked in the Omnicell at each of the two locations, how many times the Omnicell system was used at each location, and how many overrides of the pharmacist approval were utilized by nursing staff at each of the locations.  The motion passed.

            The fifth request for a variance, to be considered by the Board, was submitted on behalf of Johnson Memorial Hospital in Perham, Minnesota, by Ms. Janet Fenske, pharmacist-in-charge.  Ms. Fenske is requesting an extension of the previously granted variance, which allows her to utilize a nurse/technician in the hospital pharmacy during times when Ms. Fenske is present in the institution, but is not in the licensed pharmacy area.  During those periods of time, the technician will assist in the areas of surveying pharmacy stock for outdates, assisting with inventory and return of merchandise, and assisting with ordering and checking in drug orders.

            After discussing Ms. Fenske’s request, Mr. Chuck Cooper moved and Mr. Carl Benson seconded that the previously granted variance be approved for an additional one-year period of time.  The motion passed.

            The next request for a variance, to be considered by the Board, was a submission by Mr. Mark Klein of K-Scale Incorporated. Mr. Klein is seeking Board approval for the use of an electronic scale, in Minnesota pharmacies, in lieu of the Class A prescription balance, identified in the Board rules.  Mr. Klein provided the Board with documentation indicating that the sensitivity and capacity of the electronic scale is greater than that of the mechanical prescription balance, thus allowing pharmacists to weigh a greater range of weights with a higher degree of accuracy.

            After discussing Mr. Klein’s request, Ms. Carol Peterson moved and Mr. Jeff Lindoo seconded that Mr. Holmstrom inform Mr. Klein that pharmacists, desiring to use the Acculab V-1mg scale instead of the required prescription balance, will be allowed to do so without requesting site specific variances.  The motion passed.

            The next request for a variance, to be considered by the Board, was submitted on behalf of Merwin Drug in Andover, Minnesota, by Mr. David Lehman, pharmacist-in-charge.  Mr. Lehman is requesting a variance that would allow him to hire a technician, who is an LPN, and utilize that individual to take new prescription information over the phone.

            After discussing Mr. Lehman’s request, Mr. Carl Benson moved and Mr. Don Gibson seconded that the Board deny Mr. Lehman’s request to utilize an LPN technician to take new prescription information from prescribers over the phone.  The motion passed.

            The next request for a variance, to be considered by the Board, was a request by Mr. Michael Clouthier, Vice President of Healthcare Products for MICROMEDEX, Inc., requesting Board of Pharmacy approval of the use of MICROMEDEX computerized information system in lieu of one or more of the reference books required by Board of Pharmacy rules.

            After discussing the information, provided by Mr. Clouthier, Mr. Don Gibson moved and Mr. Carl Benson seconded that the Board take the position that MICROMEDEX can be used in place of up to two of the required references, the categories of which will depend on which modules of MICROMEDEX are obtained by the pharmacist.  The motion passed.

            The next request for a variance, to come before the Board, was submitted on behalf of Pipestone County Medical Center Pharmacy by Mr. Donald R. Spawn, pharmacist-in-charge.  Mr. Spawn is requesting an extension of a previously granted variance which allows the pharmacy technician to accompany a designated registered nurse into the secured area of the pharmacy, for purposes of expediting the nurse’s determination of whether the ordered dose of a drug is stocked in the pharmacy and where it is located when the nurse needs to access the pharmacy and the pharmacist is not present.  Mr. Jeff Lindoo then moved and Mr. Don Gibson seconded that the previously granted variance be extended for an additional one-year period of time.  The motion passed.

            The next request for a variance, to be considered by the Board, was submitted on behalf of St. Michael’s Hospital Pharmacy in Sauk Centre, Minnesota, by Mr. Dennis Heinen, pharmacist-in-charge.  Mr. Heinen is seeking a variance that would allow him to establish a hospice emergency box for use by hospice nurses associated with the hospital.  After reviewing this request, the Board declined to act on it and directed Mr. Holmstrom to obtain additional information from Mr. Heinen regarding his proposal.

            The next request for a variance, to be considered by the Board, was submitted on behalf of St. Francis Regional Medical Center Pharmacy by Mr. Carl Woetzel, pharmacist-in-charge.  Mr. Woetzel is seeking an extension of a previously granted variance, which permits the St. Francis Regional Medical Center Pharmacy to prepackage medications for subsequent physician dispensing at the Urgent Care Facility, owned and operated by St. Francis Regional Medical Center, but located in Chaska.  The physician dispensing service is limited to hours when community pharmacies in Chaska are closed.  Mr. Jeff Lindoo then moved and Ms. Carol Peterson seconded that the previously granted variance be extended for an additional one-year period of time.  The motion passed.

            The next request for a variance, to be reviewed by the Board, was submitted on behalf of St. Paul Metro Treatment Center Pharmacy by Ms. Jeannie Jorissen, pharmacist-in-charge. Ms. Jorissen is seeking an extension on a previously granted variance relating to:

            1.   An exception from having a prescription balance, weights, graduates, mortar and pestles, etc., on the premises.

            2.   An exception from maintaining a physical barrier between the ceiling and roof deck on the perimeter walls of the licensed area.

            3.   Allowing the dosing nurse to dose patients without an on-site pharmacist when emergency situations, such as illness, disaster, or bad weather prevent the pharmacist from being at the clinic.

            4.   An exception from having to perform a drug use review at each patient visit.

            Mr. Jeff Lindoo then moved and Mr. Carl Benson seconded that Ms. Jorissen’s request be granted and that the previously granted variance be extended for an additional one-year period of time.  The motion passed.

            The next request for a variance, to be considered by the Board, was submitted on behalf of Walgreens Pharmacy #1160, located at 621 West Broadway in Minneapolis, Minnesota, and was submitted by Mr. Vern Kassekert, Walgreens District Manager.  Mr. Kassekert is requesting an extension of a previously granted variance allowing the prescription department of the pharmacy to be operated at hours different from the rest of the pharmacy, even though the secured prescription department area is less than the required 400 square feet in total area.  Mr. Don Gibson then moved and Mr. Chuck Cooper seconded that the Board grant a six-month extension to the previously granted variance.  The motion passed.

            The next request for a variance, to be considered by the Board, was submitted on behalf of Wells Drug in Wells, Minnesota, by Ms. Janise Brindley, staff pharmacist.  Ms. Brindley is requesting an extension of a previously granted variance, which allowed Wells Drug to set up starter supplies of medications to be dispensed at the Kiester Clinic, in Kiester, by physicians associated with the Mayo Health System.  A variance, allowing a similar system for the clinic in Bricelyn, is being discontinued. Mr. Donald Gibson then moved and Mr. Carl Benson seconded that the previously granted variance, allowing the starter supplies and medications for the Kiester Clinic, be approved for an additional one-year period of time.  The motion passed.

            At this time, Mr. Brian Howell, Assistant Director of Pharmacy for Spectrum Pharmacy Services, appeared before the Board to discuss a variance request relating to pharmacy services that will soon be provided by Spectrum to correctional facilities in Minnesota.  After receiving Mr. Howell’s explanation of the Spectrum proposal, Mr. Don Gibson moved and Mr. Carl Benson seconded that the Spectrum proposal for, essentially, unlimited floorstock of medications at correctional facilities, be denied, and that Spectrum be held to the same standards as are applicable to long term care facilities and the emergency kits available to meet emergency needs of long-term care residents.  The motion passed, with Ms. Jean Lemberg abstaining.

            Mr. Holmstrom next presented, to the Board, a list of continuing education programs, submitted to and reviewed by the Continuing Education Advisory Task Force between the dates of March 24, 1998 and April 28, 1998, and between April 28, 1998, and June 2, 1998.  After reviewing the list of programs, submitted to and reviewed by the Continuing Education Advisory Task Force, Mr. Jeff Lindoo moved and Mr. Don Gibson seconded that those programs recommended for approval be so approved, and that those programs for which denial of approval was recommended be denied.  The motion passed.

            Mr. Holmstrom next presented to the Board, a letter, from Mr. James Benn, requesting an extension of time for completing the continuing education credits due October 1, 1998.  Mr. Benn explained that he had planned to go on “inactive” status in February of 1999, but his current part-time employer has convinced him to continue.  As a result, Mr. Benn requires some additional time in which to obtain his continuing education credits.  Mr. Jeff Lindoo then moved and Mr. Carl Benson seconded that the Board grant Mr. Benn until January 1, 1999 in which to complete his continuing education credits.  The motion passed.

            Mr. Holmstrom next presented, to the Board, a letter from Mr. Jerry Ellinghuysen.  Mr. Ellinghuysen is also requesting an extension of time in which to complete his continuing education credits.  Mr. Jeff Lindoo then moved and Ms. Carol Peterson seconded that Mr. Ellinghuysen be granted until January 1, 1999 to complete his continuing education requirements.  The motion passed.

            Mr. Holmstrom next presented, to the Board, a list of supportive personnel requests recommended for approval.  After reviewing the list of requests, submitted since the last meeting of the Board, Ms. Carol Peterson moved and Mr. Carl Benson seconded that those supportive personnel requests, recommended for approval by Mr. Holmstrom, be so approved.  The motion passed.

            The Board next turned its attention to the NABP Annual Meeting, recently held in Orlando, Florida, and determined, by a motion made by Mr. Carl Benson and seconded by Ms. Carol Peterson, that one day of perdiem payments should be made to all Board members who attended the NABP Annual Meeting.  The motion passed.

            Mr. Holmstrom next presented, to the Board, a letter submitted jointly by the Minnesota Pharmacists Association and the Minnesota Retail Merchants Association suggesting language changes to two portions of the Board’s draft rules.  In the case of proposed Minn. Rule 6800.0700, the Board indicated it is not prepared to give up its responsibility to determine the adequacy of patient counseling areas in pharmacies, and observed that the pharmacist-in-charge often does not have the authority to do anything about it if, in his professional judgement, the patient counseling area of a pharmacy is insufficient to provide an assurance of confidentiality.

            After discussing the recommended language change to proposed Minn. Rule 6800.2400, the Board indicated it would be willing to consider the language proposed by MPhA and MRMA after a slight modification.  After reviewing the rule package as a whole, Mr. Jeff Lindoo moved and Mr. Don Gibson seconded the following resolution.

                 Resolved, that David E. Holmstrom, Executive Director of the Board of Pharmacy, is hereby granted the authority, and is directed to sign and to give the notice of the Board’s intent to adopt rules, without a public hearing, governing pharmacy technicians and miscellaneous changes to the practice of pharmacy to all persons who have registered their names with the Board for that purpose, and publish the notice and rules in the State Register, and to perform any and all acts incidental thereto.

                 Be it further resolved that, if there are fewer than 25 outstanding hearing requests, David Holmstrom, the Executive Director of the Board of Pharmacy, is hereby granted the authority and is directed to sign the order adopting rules, and to perform any and all acts incidental thereto.

                        And be it further resolved that, if there are 25 or more outstanding hearing requests, David Holmstrom, the Executive Director of the Board, is hereby granted the authority and is directed to act as the Board’s representative at the hearing, and to perform any and all acts incidental thereto.

            The motion passed.

            At this time, Ms. Jean Lemberg led a discussion regarding the Board’s handling of variance requests and suggested that either a sub-committee of the Board be established to review variance requests prior to the Board’s meeting, or that a mechanism be established for identifying previously approved or denied variances, that are similar in nature to each variance being considered by the Board, so that the Board can maintain consistency in its decision making regarding variance requests.  The consensus was that Mr. Holmstrom should provide the Board with precedence and background for each of the variance requests placed before the Board for action.

            There being no further business requiring Board action at this time, President Denise Frank adjourned the meeting.

_________________________________

PRESIDENT

                                                                                                                                                ________________________________

                                                                        EXECUTIVE DIRECTOR