September 1999 Board Meeting Minutes

Minnesota Board of Pharmacy

SEVEN HUNDRED AND TWENTY FOURTH MEETING

At approximately 8:30 a.m., September 15, 1999, the Board of Pharmacy met in Conference Room A, of the University Park Plaza building, 2829 University Avenue Southeast in 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.

The Board first turned its attention to a review and approval of the agenda for today’s meeting. After adding three items to the agenda, the agenda was approved.

The Board next turned its attention to the minutes of the meeting of August 4, 1999. Mr. Carl Benson moved and Ms. Carol Peterson seconded that the minutes be approved as written. The motion passed.

The Board next turned its attention to applications to conduct new pharmacies, which it has received since the last meeting. The first such application was submitted on behalf of Chosen Valley Pharmacy in Chatfield, Minnesota, by Mr. Charles Blink, pharmacist-in-charge. After carefully reviewing this application and a diagram of the proposed pharmacy, Mr. Vern Kassekert 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 the Board's staff, to assure compliance with Pharmacy Board rules dealing with licensure. The motion passed.

The second application to conduct a new pharmacy, to be reviewed by the Board, was submitted on behalf of Coborn’s Collegeville Pharmacy in Collegeville, Minnesota, by Mr. Marvin Moen, Director of Pharmacy. After carefully reviewing this application and a diagram of the proposed pharmacy, Mr. Carl Benson moved and Mr. Vern Kassekert 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. The motion passed.

The third application to conduct a new pharmacy, to be reviewed by the Board, was submitted on behalf of Fresenius Medical Care in St. Paul, Minnesota, by Mr. Matthew Gagen, pharmacist-in-charge. After carefully reviewing this application, the Board acted to table the application at this time and directed Mr. Holmstrom to obtain additional information, from Mr. Gagen, regarding this proposed pharmacy.

The fourth application to conduct a new pharmacy, to be reviewed by the Board, was submitted on behalf of Oncology Center Pharmacy in Albert Lea, Minnesota, by Mr. C. Philip Bumpus, pharmacist-in-charge. After carefully reviewing this application and a diagram of the proposed pharmacy, Mr. Donald 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. The motion passed.

The fifth application, to be reviewed by the Board, was submitted on behalf of Sleepy Eye Municipal Hospital Pharmacy in Sleepy Eye, Minnesota, by Mr. Randy Armbruster, pharmacist-in-charge. After carefully reviewing this application and a diagram of the proposed pharmacy, Mr. Don Gibson moved and Mr. Carl Benson 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. The motion passed.

The sixth application to conduct a new pharmacy, to be reviewed by the Board, was submitted on behalf of Target Pharmacy in Hutchinson, Minnesota, by Ms. Stacey Jassey, pharmacist-in-charge. After carefully reviewing this application and a diagram of the proposed pharmacy, Ms. Carol Peterson moved and Mr. Don Gibson 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. The motion passed.

The seventh application to conduct a new pharmacy, to be reviewed by the Board, was submitted on behalf of Walgreens Pharmacy in Hastings, Minnesota, by Mr. James Korson, pharmacist-in-charge. After carefully reviewing this application and a diagram of the proposed pharmacy, Mr. Carl Benson moved and Mr. Don Gibson 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. The motion passed, with Mr. Vern Kassekert and Mr. Jeff Lindoo abstaining.

The eighth application to conduct a new pharmacy, to be reviewed by the Board, was submitted on behalf of Allina Medical Clinic Woodbury Pharmacy in Woodbury, Minnesota, by Ms. Julie Miller, pharmacist-in-charge. After carefully reviewing this application and a diagram of the proposed pharmacy, Mr. Jeff Lindoo 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. The motion passed.

The ninth application to conduct a new pharmacy, to be reviewed by the Board, was submitted on behalf of Kmart Pharmacy in Thief River Falls, Minnesota, by Mr. Earl McNea, 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 the Board's staff, to assure compliance with Pharmacy Board rules dealing with licensure. The motion passed.

The tenth and final application to conduct a new pharmacy, to be reviewed by the Board, was submitted on behalf of Snyder Drug in Woodbury, Minnesota, by Mr. Douglas Lobdell, pharmacist-in-charge. After reviewing this application and a diagram of the proposed pharmacy, Mr. Vern Kassekert 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. The motion passed.

The Board next welcomed Mr. Randolph Morris, representing Metro Treatment of Minnesota to the meeting. At the August 4, 1999, meeting of the Board, Mr. Morris and Dr. Randall Green petitioned the Board for a variance on behalf of the St. Paul Metro Treatment Center Pharmacy and the Dakota Treatment Center Pharmacy regarding the manner in which these pharmacies operate. The request was tabled at the August meeting and additional information was requested.

Mr. Holmstrom now provided the Board with the additional information it requested, and the Board again began consideration of the previously submitted request. The Board heard testimony from Mr. Morris and from Dr. Randall Green, who discussed the request with the Board by speaker from his home in Florida. Dr. Green was unable to attend the meeting in person due to hurricane Floyd, affecting air travel into and out of Florida.

After thoroughly discussing the issue, Mr. Don Gibson moved and Ms. Jean Lemberg seconded that the Board approved the variance being requested an allow the St. Paul Metro Treatment Center Pharmacy and the Dakota Treatment Center Pharmacy to operate under the policies and procedures presented to the Board as part of the variance request. The motion passed.

The Board next turned its attention to matters of quasi-judicial nature. The first item of a quasi-judicial nature, to come before the Board, was a proposed stipulation and order in the matter of the pharmacist license of Mr. Jeffrey J. Dorhout. Mr. Dorhout now personally appeared before the Board to discuss the proposed stipulation and order. The stipulation and order was developed subsequent to a disciplinary conference held with Mr. Dorhout on August 13, 1999, to discuss allegations of unprofessional conduct. Mr. Dorhout has agreed to and signed the proposed stipulation and order.

After discussing the stipulation and order, and obtaining background information that led to the development of the stipulation and order from Mr. Dorhout, Mr. Jeff Lindoo moved and Ms. Jean Lemberg seconded that the proposed stipulation and order be approved, and that Mr. Holmstrom be directed to sign the stipulation and order on the Board’s behalf. The motion passed.

The second item of a quasi-judicial nature, to come before the Board, involved a proposed stipulation and order in the matter of the pharmacist license of Mr. James R. Nielcen. Mr. Nielcen now personally appeared before the Board to discuss the proposed stipulation and order.

The stipulation and order was developed subsequent to a conference, held with Mr. Nielcen on August 18, 1999, to discuss allegations of unprofessional conduct. The proposed stipulation and order has been agreed to and signed by Mr. Nielcen. After discussing the proposed stipulation and order with Mr. Nielcen, Mr. Carl Benson moved and Ms. Carol Peterson seconded that the proposed stipulation and order be approved, and that Mr. Holmstrom be directed to sign the stipulation and order on the Board’s behalf. The motion passed.

The Board next turned its attention to candidates for licensure by reciprocity, who have taken the Reciprocity Jurisprudence Exam since the Board’s last meeting. After a thorough review of the performance of the candidates for licensure by reciprocity, Mr. Don Gibson moved and Mr. Jeff Lindoo seconded that, having passed the Jurisprudence Examination, required of candidates for licensure by 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

7430 LOREN M. DEHNERT SD

7437 JOYCE L. BISH MD

7438 WILLIAM A. CRAWFORD GA

7444 TARA E. AXELROD IL

7445 JAMES M. BRIGHT NM

7446 COURTNEY E. CRAWFORD MI

7447 LAURA L. KOTTEN ND

7448 PREET K. ANAND WI

7449 RICHARD A. HANSEN WI

7450 PAUL D. HOCHHALTER TX

7451 MEGAN M. HOFFMAN IA

7452 GARY D. PULVERMACHER WI

7454 TINA M. SPARKS-OVIATT IA

The motion passed.

The Board next turned its attention to continuing education programs, reviewed and approved by the Continuing Education Advisory Task Force between the dates of July 6 and August 10, 1999. Mr. Carl Benson then moved and Ms. Carol Peterson seconded that the continuing education programs, reviewed and approved by the Continuing Education Advisory Task be approved, and that those programs for which denial of approval was recommended be denied. The motion passed.

The Board next addressed the issue of a replacement for Mr. Lloyd Pekas on the Continuing Education Advisory Task Force. Mr. Pekas, formerly a Pharmacy Board Surveyor, served as one of the Board of Pharmacy representatives on the CEATF for several years. After a brief discussion, President Cooper appointed Mr. Stu Vandenberg, Pharmacy Board Surveyor to the CEATF as a replacement for Mr. Pekas.

The Board next discussed the Citizen Advocacy Center Annual Meeting, and whether the Board should send a representative to that meeting. After discussing the organization and the agenda for the annual meeting, Mr. Don Gibson moved and Mr. Carl Benson seconded that the Board authorize Ms. Jean Lemberg to attend the meeting at Board expense and to report back on the value of attending future such meetings. The motion passed.

Mr. Holmstrom next presented, to the Board, a report and recommendations from the Internship Advisory Committee regarding changes to the internship requirement, applicable to candidates for licensure in Minnesota.

The Internship Committee is recommending that: for graduating classes in the short-term (graduating classes in the years 2000 and 2001), the Board waived the existing internship rule that requires 640 hours of compounding and dispensing experience as an intern prior to qualifying to sit for the Board exam and; for the intermediate term (graduates of the class of 2002), students be expected to meet the current 640 hour compounding and dispensing requirement which, if they are graduates of the University of Minnesota, would require them to obtain 240 hours of internship experience outside of their college required courses and; for the long-term (effective with the graduating class of 2003), that the total number of internship hours required be changed to 1,600, of which 800 must be of a traditional compounding and dispensing nature which, under the current curriculum at the University of Minnesota, would require the students to obtain 400 hours of compounding and dispensing experience outside of required coursework. In addition, the Internship Committee is recommending that, beginning May 15, 2000, the Board of Pharmacy eliminate the Internship Competency Examination and replace it with an internship manual containing competency statements which will be signed off on by both the intern and the preceptor when the intern has mastered those competencies.

After discussing the recommendations of the Internship Committee, Mr. Jeff Lindoo moved and Mr. Vern Kassekert seconded that Board accept the recommendations of the Internship Committee and directed Mr. Holmstrom to work with the Internship Committee in developing language for any changes that might be required in Board rules in order to implement these recommendations. The motion passed.

The Board next welcomed representatives of the Minnesota Pharmacists Association and the Minnesota Retail Merchants Association to the meeting to discuss issues relating to the shortage of pharmacists in Minnesota and nationally. Attending on behalf of MPhA and MRMA were Mr. Matt Sheffield, Ms. Mary Evans, Ms. Annette Henkel, Mr. Douglas Lobdell, and Mr. Bruce Whitehouse. A wide-ranging discussion was held. At the conclusion of the discussion, it was requested that the Board establish a work group to continue the effort to find a solution to the current pharmacist shortage.

The Board next welcomed Mr. Howard Juni and Mr. Jeff Prosch, representing Care Alliance Pharmacy to the meeting. At the Board’s June meeting, Mr. Prosch requested an opportunity to develop a Tech-Check-Tech Program as a pilot program for long-term care pharmacies. The Board granted Mr. Prosch’s request. At the Board’s meeting of August 4, 1999, the Board reconsidered its previous decision and acted to withdraw its approval of the Tech-Check-Tech Program. Mr. Prosch and Mr. Juni now are appearing before the Board to urge the Board to again reconsider and to re-establish its approval of a Tech-Check-Tech pilot program.

After hearing from Mr. Juni and Mr. Prosch, and after a lengthy discussion of the issues involved, the Board acted to table further consideration of this issue until the October 27 meeting, and directed Mr. Holmstrom to obtain additional information.

The Board next welcomed Ms. Thurza Bender and Mr. Dick Spehar to the meeting. Ms. Bender and Mr. Spehar requested an opportunity to address the Board regarding the licensure of the Duluth Clinic IV Pharmacy. The Duluth Clinic IV Pharmacy has previously been licensed as a community pharmacy, serving outpatient oncology patients. Ms. Bender is proposing that the pharmacy be operated as a satellite of St. Mary’s Hospital and proposes to discontinue the separate licensure of the facility. After thoroughly discussing the issues involved with Ms. Bender and Mr. Spehar, the Board determined that continued separate licensure for Duluth Clinic IV Pharmacy is needed and directed Mr. Holmstrom to provide the appropriate application to Ms. Bender and Mr. Spehar.

The Board next turned its attention to written requests for variances it has received since its last meeting. The first such request was submitted on behalf of Thrifty White Pharmacy in Blaine, Minnesota, by Ms. Leanne Larson Arons, pharmacist-in-charge. Ms. Arons is requesting an extension of a previously granted variance, which allows medications, dispensed to the Correctional Facilities serviced by Thrifty White Drug, to be returned for re-use and credit in the same manner as nursing home medications. Mr. Donald Gibson then moved and Mr. Vern Kassekert seconded that the previously granted variance be extended for an additional two-year period of time. The motion passed, with Mr. Jeff Lindoo leaving the room during the discussion and voting.

The next request for a variance, to be considered by the Board, was submitted on behalf of Northern Itasca Pharmacy by Ms. Valerie Halverson, pharmacist-in-charge. Ms. Halverson is requesting an extension of a previously granted variance that allows Northern Itasca Pharmacy to pre-pack various pharmaceutical products to be dispensed by physicians at the Northome and Big Falls Clinics. The Northome Clinic is scheduled to be converted to a telepharmacy project in the near future, but Ms. Halverson is requesting an extension to the variance that would allow Northome to continue to operate as it has in the past until the telepharmacy project is operational, and further, the Big Falls Clinic is not, at this time, part of the telepharmacy project and will continue to need the variance for drug product distribution at that location. Mr. Jeff Lindoo then moved and Ms. Carol Peterson seconded that the previously granted variances 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 the Grant County Healthcare Center and Pharmcare Pharmacy by Mr. Paul Swan, pharmacist-in-charge. Mr. Swan is requesting a variance that would allow him to be the pharmacist-in-charge at both Pharmcare Pharmacy, which is a community retail pharmacy, and at the Grant County Healthcare Center, which is a part-time hospital pharmacy. Mr. Jeff Lindoo then moved and Mr. Vern Kassekert seconded that the variance allowing Mr. Swan to be the pharmacist-in-charge at both pharmacies be approved for a two year period of time. The motion passed.

The next request for a variance, to be considered by the Board, was submitted on behalf of Red Wing Corner Drug by Mr. Bob Goetz, pharmacist-in-charge. Red Wing Corner Drug had previously been granted a variance to utilize an LPN / Pharmacy Technician to receive new prescription orders by telephone from physician offices, as part of the comprehensive pharmaceutical care project. That project has now ended and the Board has informed Mr. Goetz that the issue needs to be re-examined. After reviewing the information, provided by Mr. Goetz, the Board acted to table this request until the meeting of October 27, and directed Mr. Holmstrom to invite Mr. Goetz to attend the October meeting in order to further discuss this issue with the Board.

The next request for a variance, to be considered by the Board, was submitted on behalf of St. Elizabeth Hospital Pharmacy in Wabasha, Minnesota, by Mr. Kurt Henn, pharmacist-in-charge. Mr. Henn is requesting an extension of a previously granted variance regarding emergency room dispensing by nurses in the absence of a physician or pharmacist. After a brief discussion, Ms. Carol Peterson moved and Mr. Carl Benson seconded that the previously granted variance be extended for an additional two year period of time. The motion passed.

The next request for a variance, to be considered by the Board, was submitted on behalf of Ridgeview Pharmacy in Chaska, Minnesota, by Mr. Jim Polucha, pharmacist-in-charge. Mr. Polucha is requesting an extension of a previously granted variance regarding the handling of sample medications by Ridgeview Pharmacy for Western OB/GYN, Ltd. After thoroughly discussing the issue of sample medications and the added security and patient safety, provided by pharmacy control over drug samples, Mr. Jeff Lindoo moved and Mr. Vern Kassekert seconded that the variance, requested by Mr. Polucha, be extended for an additional one year period of time. The motion passed.

The Board next addressed the variance request submitted by Fairview HealthSystems and St. Michael Pharmacy in St. Michael, Minnesota. This variance had been previously submitted to the Board at its meeting of June 1999 and was denied at that time. Fairview HealthSystems representatives requested that the Board reconsider its position during the August 1999 meeting. The Board did discuss the issue again at that time and tabled it until the September meeting. The Board now addressed the variance request for St. Michael Drug and the Fairview Clinic in St. Michael. After a brief discussion, Mr. Jeff Lindoo moved and Mr. Vern Kassekert seconded that the variance requested on behalf of St. Michael Drug be approved for a one year period of time, on condition that the pharmacist-in-charge of St. Michael Drug sign off on the policies for sample control that were developed by Fairview Pharmacy Services’ personnel. The motion passed.

The next request for a variance, to be reviewed by the Board, was submitted on behalf of Fairview Hiawatha Pharmacy, by Mr. Kevin Weckwerth, pharmacist-in-charge. Mr. Weckwerth is seeking an extension of a previously granted variance regarding the control of sample medications at Fairview Hiawatha Clinic. Mr. Don Gibson then moved and Mr. Carl Benson seconded that the extension, requested by Mr. Weckwerth, 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 submitted on behalf of First Care Medical Services Pharmacy in Fosston, Minnesota by Mr. John Nord, pharmacist-in-charge. Mr. Nord is requesting an extension of a previously granted variance that allows the hospital pharmacy to prepare starter doses of medications for dispensing by physician assistants or nurse practitioners at the First Care Clinic in Oklee, Minnesota. After discussing this issue, Mr. Carl Benson 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 Rochester Methodist Hospital by Ms. Karen Bergrud, pharmacist-in-charge. Ms. Bergrud is requesting a variance that would allow an increased number of pharmacy technicians at the pharmacy production lab at Rochester Methodist Hospital. This part of the hospital pharmacy is involved in prepackaging and bulk compounding of medications for future dispensing to hospitalized patients. This variance request was first submitted to the Board at its August 1999 meeting, and the Board determined that additional information was needed. The Board has now received that information and is reconsidering the variance. Mr. Carl Benson then moved and Ms. Carol Peterson seconded that the variance requested by Ms. Bergrud be approved for a one year period of time, and that Ms. Bergrud report back regarding any errors or problems associated with the increased number of technicians. The motion passed.

The final request for a variance, to be considered by the Board, was submitted on behalf of the Hutchinson Area Healthcare Pharmacy by Ms. Dawn Hagen, pharmacist-in-charge. Ms. Hagen is requesting a variance that would allow the hospital’s pharmacy to control sample medication storage and distribution from the hospital’s pharmacy. Mr. Jeff Lindoo then moved and Mr. Don Gibson seconded that the variance, requested by Ms. Hagen, be approved for a one year period of time. The motion passed.

Mr. Holmstrom next presented the Board with information regarding the annual meeting of the National Association of State Controlled Substance Authorities. The Minnesota Board of Pharmacy, being the agency responsible for controlled substance regulation in Minnesota is a member of the NASCSA. After reviewing the agenda for the annual meeting, and discussing the value of sending a representative to the meeting on the Board’s behalf, Mr. Carl Benson moved and Mr. Don Gibson seconded that Pharmacy Board Surveyor Stu Vandenberg be authorized to attend the annual meeting of the NASCSA at Board expense and to report back to the Board at the Board’s meeting of December 7. The motion passed.

The Board next reviewed the guidelines for dispensing with remote distribution via telepharmacy that had been developed by the Board’s surveyors. The Board accepted the guidelines as they were presented, and authorized their use in assisting pharmacists who are interested in telepharmacy options.

There being no further business to come before the Board at this time, President Cooper adjourned the meeting at 4:35 p.m.

_______________________________

PRESIDENT

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EXECUTIVE DIRECTOR