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Minnesota Board of Pharmacy |
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Minnesota Board of Pharmacy |
DISCIPLINARY ACTIVITY. The Board took the following disciplinary actions concerning pharmacists between the dates of September 1, 2006 and December 6, 2006.
Axelson, C. Frederic, License #111246. Mr. Axelson successfully completed his probation and the Board granted his petition for an unrestricted license.
Hull, Judy L., License #113720. Ms. Hull admitted to the theft of controlled substances from her employer and the unauthorized personal use of those drugs. She was placed on probation for an indefinite period of time, until she successfully completes a participation agreement with the Health Professional Services Program (HPSP).
The Board took the following disciplinary actions concerning technicians between the dates of September 1, 2006 and December 6, 2006.
Boerboom, Dorothy E., Registration #701803. Ms. Boerboom admitted to the theft of controlled substances from her employer and the unauthorized personal use of those drugs. She was placed on probation for a period three years, or until successful completion of a participation agreement with the Health Professional Services Program (HPSP), whichever is later.
The following pharmacy technicians had their registrations revoked: Bauermeister, Tina M., Registration #712831; Close, Darlene F., Registration #707633; Londo, Tammy K., Registration #709134.
BOARD OF PHARMACY WEBSITE UPDATE. Pharmacists and members of the public can find the answers to commonly asked questions by visiting the Board’s website at: www.phcybrd.state.mn.us. Many forms are available in Adobe format for download and printing. Important notices are frequently posted on the website. Copies of previous newsletters and of the minutes of Board meetings are also available on-line. A list of the current applications for new pharmacies and for telepharmacies can also be found.
Board staff recently completed upgrades to the website that allow for the online processing of pharmacist license and technician registration renewals. In addition, pharmacists, technicians, and interns can change their physical and mailing addresses online. Employers, licensees or members of the public can verify the licensure or registration of most individuals and businesses licensed or registered by the Board. Additional online services will be rolled out in the coming months, so be sure to bookmark the Board’s website and check it frequently.
PHARMACY TECHNICIAN REGISTRATION. Renewal letters were mailed out late this registration cycle due to a delay in the implementation of the Board’s new online services. Technicians are strongly encouraged to renew their registrations online. However, technicians can contact the Board office to request a paper renewal application. Also, Board staff is working with employers who pay the registration or licensing fees of their employees to develop alternative methods of renewal. Given the late mailing of renewal notices, the deadline for registration renewal has been extended to January 31, 2007. Any technicians who do not renew their registration by that date will have to pay a late fee when their registration is renewed, and will not be allowed to practice as technicians. The pharmacist-in-charge of each Minnesota pharmacy is responsible for making sure that all of the pharmacy technicians employed in their pharmacy have current technician registrations posted.
PHARMACIST RENEWALS. Pharmacist license renewal letters were recently mailed out. Pharmacists who have not received a letter can use the Board’s new online services to confirm and, if necessary, change their mailing address. Alternatively, they can contact the Board office to verify their correct mailing address. Pharmacists are encouraged to renew their licenses online. However, pharmacists can contact the Board office to request a paper renewal application. As mentioned above, Board staff is working with employers who pay the registration or licensing fees of their employees to develop alternative methods of renewal. Pharmacists should either renew their licenses online or complete and return renewal forms to the Board by February 1st. Pharmacist license renewals expire on March 1st of each year and a late fee is assessed for any renewal received after February 28th. Pharmacists are not allowed to practice after February 28th without a valid license renewal.
PROPOSED RULES PACKAGE. The Board of Pharmacy has been working to update Board rules in many different areas, which have been listed in previous issues of this newsletter.
A hearing on these rules was held on November 14, 2006 before Administrative Law Judge Kathleen Sheehy. By the time this edition is published, Judge Sheehy will have issued a report of her findings to the Board. The Board will review her report at its January 10, 2007 meeting. It is likely that some changes will be made to the language that was originally proposed. Barring unforeseen circumstances, final adoption of the rules package is expected by March 1, 2007.
METHAMPHETAMINE PRECURSORS – CORRECTION. In the July 2006 issue of this newsletter, incorrect information was given concerning the federal Combat Methamphetamine Epidemic Act of 2005. A table in that issue indicated that, after September 30th of last year, liquid products containing pseudoephedrine or ephedrine would not have to be kept behind the counter and sales of such products would not have to be logged. In reality, such products must be kept behind the counter and sales must be logged.
ELECTRONIC PRESCRIPTIONS. Board staff frequently receives questions about “electronic prescriptions”. For example, a common question is as follows: is a prescription that is electronically generated still valid if the prescriber prints it out on a sheet of paper and gives it to the patient? Once a prescription is printed out and given to the patient, it is no longer an electronic prescription. Consequently, it is valid only if it is manually signed by the prescriber. A rubber-stamped signature does not constitute a manual signature. A notation on a paper prescription such as “electronically signed by the prescriber” does not make it a legally valid prescription.
Minnesota Statutes §151.01, subd. 16 defines a prescription as follows, “The term "prescription" means a signed written order, or an oral order reduced to writing, given by a practitioner licensed to prescribe drugs for patients in the course of the practitioner's practice, issued for an individual patient and containing the following: the date of issue, name and address of the patient, name and quantity of the drug prescribed, directions for use, and the name and address of the prescriber”. Given that this law was written long before the advent of electronic prescribing, the word “signed” must be interpreted to mean a manual, handwritten signature. A pharmacist who receives a paper prescription that has not been manually signed may contact the prescriber to verify the prescription and may treat it as an oral order. (Unless the drug is a schedule II controlled substance, prescriptions for which must be signed by the prescriber).
Board staff also receives questions about electronic prescriptions for controlled substances. Per federal law, prescriptions for schedule II controlled substances can’t be electronically transmitted. Nor can they be transmitted by facsimile, unless the patient is: receiving home infusion/intravenous pain therapy; resides in a long-term care facility; or is in hospice care. In all other cases, prescriptions for schedule II controlled substances must be on paper and manually signed.
The Board has received correspondence from the Drug Enforcement Administration (DEA) concerning electronically created prescriptions for controlled substances in schedules III through V. It reads, in part: “current DEA regulations allow for Schedule III, IV or V controlled substance prescriptions that are electronically created and transmitted, either directly to a computer or via a facsimile machine, to be treated as oral prescriptions. A pharmacist that receives an electronically transmitted prescription, via a facsimile or by other methods, must ensure the validity of the prescription prior to dispensing the controlled substance”. The letter further states that the DEA does not mandate which method a pharmacist must use to ensure the validity of the prescription, but does mention one possibility – calling the prescriber.
TELEPHARMACY GUIDELINES. At its October 18th meeting, the Board adopted new “Guidelines for Dispensing with Remote Distribution via Telepharmacy”. Those guidelines are available on the Board’s website for review or downloading. A couple of changes are particularly noteworthy. First, a pharmacy may not provide remote pharmacy services if a community pharmacy is located within the same community as the remote site. In rural areas, “community” is defined as the area within 30 minutes travel time of the remote site. Generally, a 30 minute travel time equates to about a 20 mile distance. Second, the Board recommends that a pharmacist working at the central pharmacy not certify more than an average of 8 prescriptions per hour, assuming that all prescriptions are for patients of the remote site(s). The Board further decided to “grandfather” existing telepharmacies that do not meet the distance requirement mentioned above.
Requests for approval of telepharmacies will be treated as if they were applications for new pharmacies. Such requests must be made, in writing, at least 60 days prior to the anticipated opening date of the telepharmacy. A diagram of any proposed remodeling, a complete set of policies and procedures, required variance request forms, an estimate of the prescription count at both the remote and central sites and plans for staffing both sites should accompany the request. No telepharmacy proposal will be approved without being considered at one of the Board’s regular business meetings.
