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Minnesota Board of Pharmacy

 


April 2001 Newsletter

 For PDF version click here-

DISCIPLINARY ACTIONS The Board has taken the following disciplinary actions during the months of December 2000, and January and February 2001.

            Axelson, Frederic C., License #111246-3. Mr. Axelson engaged in the use of alcohol in a manner that could cause conduct endangering public health. Mr. Axelson’s personal license to practice pharmacy was put on probation with the Board subject, to certain specified conditions, effective December 6, 2000.

            Williams, Robert E., License #111668-9. Mr. Williams engaged in the use of alcohol in a manner that could cause conduct endangering public health. Mr. Williams’ personal license to practice pharmacy was suspended effective January 10, 2001. Not earlier than April 10, 2001, Mr. Williams may petition for the reinstatement of his license to practice pharmacy and, if granted, Mr. Williams will be put on probation with the Board subject to specified conditions. 

            LICENSURE/REGISTRATION ISSUES. A couple of issues impacting the renewal of registrations for pharmacy technicians and the renewal of licenses for pharmacists have recently come to the Board’s attention. In both cases, some individuals use the address of their employer (the pharmacy) as their “public” address. Individuals then often request that their license renewal be mailed to the “public” address listed. In most cases all of this works smoothly, but in some cases pharmacists or technicians have changed their place of employment and the renewal of their registration or license goes to a pharmacy at which they are no longer employed. This often delays, or totally prevents, delivery of the renewal to the individual involved.

            Pharmacists and technicians are encouraged to use their home address as the address to which license renewals should be mailed. This will ensure that the renewal documents will not be lost in the mail of the pharmacy or create a delay in the delivery of the renewal.

            Pharmacists or technicians who are currently getting their license renewal mailed to their place of employment and desire to change that to a home address can simply request the change by phone, mail, or e-mail. Please provide us with your name, license number, and home address together with a request that the change be made in our computer system. The Board’s phone number is (612) 617-2201; the Board’s e-mail address is Pharmacy.Board@state.mn.us  and the Board’s mailing address is 2829 University Avenue SE, Suite 530, Minneapolis, MN  55414.

            RULE CHANGES UNDER DEVELOPMENT. The Rules and Legislation Committee of the Board met in late January to identify sections of the Board’s rules that needed to be updated or deleted and to identify subject areas where new rules are needed. The Rules and Legislation Committee identified a number of different areas that needed to be addressed and will begin taking input from the public and will begin the rule-drafting process shortly. What follows is a brief description of the subject areas under consideration by the Board.

            u                Lunch Breaks for Pharmacists. The Board has received a request from representatives of the chain drug industry to consider establishing a rule that relates to lunch breaks for pharmacists and would attempt to address the issue of how to provide a continuation of services while the pharmacist is at lunch.

            u                Controlled Substance Rescheduling. Several changes in the schedules of controlled substances have been made, by DEA, since the Board last updated its rules relating to the scheduling of controlled substances. While most of the DEA activity has involved Schedule I substances, that pharmacists are not involved with, there have been some rescheduling activities involving Schedules II through V drugs that need to be addressed at the state level. The movement of Marinol from Schedule II to Schedule III is such an example.

            u                Expiration Dates on Unit Dose Packaging. Existing Board rules adopt the standard that previously had been in place through the USP. In January of this year, the USP changed its standard for the expiration date on unit dose packaging prepared by the pharmacist; so the Board must now change its existing rule to reflect the new USP standard.

            u                Returns of Medication from Long-Term Care Facilities. Several individuals, including some Board members and the Food and Drug Administration, have expressed concern regarding the practice of pharmacists accepting returns of discontinued medications from long-term care facilities and re-dispensing those drugs to others. Issues, such as informed consent by patients and conditions under which medications may be recycled, need to be explored.

            u                Telepharmacy. Over the past couple of years, the Board has begun to receive requests for consideration of telepharmacy projects, whereby various pharmacy services are provided to a remote site through computer, two-way video, and telephone linkages. At the present time, Board of Pharmacy rules do not address issues relating to telepharmacy. Telepharmacy, however, does hold some promise for use in providing pharmacy services to underserved rural areas.

            u                OBRA Requirements for All Patients. When Minnesota implemented the requirements of OBRA 90 legislation, the Board was unable to successfully make the case for expanding the patient counseling and DUR requirements of OBRA to all patients. As a result, Minnesota became one of only ten states that did not expand the patient counseling and DUR requirements to everyone. The Board believes that times have changed and that now is the time to revisit that issue with an eye toward establishing uniform standards that would apply to all patients.

            u                Electronic Scales. Currently, the Board of Pharmacy rules require that each pharmacy maintain a prescription balance among the pieces of equipment in that pharmacy. Electronic scales are now beginning to replace prescription balances and have been shown to provide equal or greater accuracy than is available from the standard prescription balance. The Board believes its rules should reflect this reality and allow the use of electronic scales.

            u                On-line Reference Books. As was the case with prescription balances, Board rules require each pharmacy to maintain certain reference books at the pharmacy. A number of those references are now available on-line and the Board rules need to address that reality.

            u                Reciprocity Exam. The Board’s current rule, relating to examination and licensure by reciprocity, makes reference to a written and oral examination in pharmacy law. The reciprocity exam, now used by the Board, is a computer-adaptive examination developed by NABP. The language of the Board’s rule needs to be changed to eliminate the reference to a written and oral examination.

            u                Hospital ER Dispensing. Board rules address the issue of dispensing of medications, out of hospital emergency rooms by nurse practitioners and PAs, in the absence of physicians and pharmacists. Since PAs and nurse practitioners now have received statutory authority to dispense medications, the Board’s rule is outdated and can be repealed.

            u                Accuracy Label Requirements. The state of Oregon has implemented, and other states have considered, the issue of providing a description of the tablet or capsule being dispensed on the label or on the information sheet provided to the patient at the time of dispensing. By providing the patient with a description of the tablet or capsule being dispensed, the patient can quickly identify a dispensing error, should one occur.

            u                Internship Hours. The Board’s Internship Advisory Committee has made recommendations to the Board that some changes be made in the internship required by the Board of candidates for licensure. Of particular concern to the Committee was the fact that some candidates for licensure could meet the internship requirements with as little as 400 hours of actual compounding and dispensing experience. The Internship Committee members expressed their concern that students with such a minimal amount of compounding and dispensing experience may not be ready to assume dispensing activities of a licensed pharmacist.

            u                Pharmacy Services to Correctional Facilities. Inmates at correctional facilities require pharmacy services in the same manner as patients of hospitals, nursing home residents, and the general public. Yet, as might be imagined, pharmacy services to correctional facilities pose a unique set of circumstances and problems. Currently the Board does not have any rules relating to the provision of pharmacy services to correctional facilities.

            u                Two additional areas that will be in need of rule writing or rule revisions, but which are likely to be addressed at a future time, are rules relating to electronic prescribing through the use of various handheld electronic devices by physicians; and, the issue of whether education and/or training requirements for pharmacy technicians should be developed or whether certification of pharmacy technicians should be required. Again, both of these last two issues are likely to be addressed at a future time.

            The Board will make every effort to keep pharmacists informed of the progress of rule writing addressing these issues and will seek input from pharmacists on a regular basis.

            INTERNS, RESIDENTS, AND FELLOWS MUST BE REGISTERED. Pharmacists, who will be hiring interns, pharmacy residents, or providing pharmacy fellowships, must keep in mind that the individuals involved in these programs must either be registered with the Board as pharmacist interns or must be licensed to practice pharmacy in Minnesota. Please make sure that any interns, residents, or fellows employed at your pharmacy are properly registered with the Board. Registration as an intern or as a pharmacist in another state does not allow that individual to practice as an intern, a resident, or a fellow in Minnesota.


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