View
1
Download
0
Category
Preview:
Citation preview
Sargent's Court Reporting Service, Inc. (814) 536-8908
1
COMMONWEALTH OF PENNSYLVANIA 1
DEPARTMENT OF STATE 2
BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS 3
4
F I N A L M I N U T E S 5
6
MEETING OF: 7
8
STATE BOARD OF PHARMACY 9
10
TIME: 8:56 A.M. 11
12
PENNSYLVANIA DEPARTMENT OF STATE 13
Board Room B 14
One Penn Center 15
2601 North Third Street 16
Harrisburg, Pennsylvania 17110 17
18
19
November 27, 2018 20
21
22
23
24
25
Sargent's Court Reporting Service, Inc. (814) 536-8908
2
State Board of Pharmacy 1 2
November 27, 2018 3 4
5 BOARD MEMBERS: 6 7 Janet Getzey Hart, R.Ph., Chairperson 8 Katelin Lambert, Deputy Commissioner, Bureau of 9 Professional and Occupational Affairs 10 Robert B. Frankil, R.Ph., Vice Chairman 11 Theresa M. Talbott, R.Ph., Secretary 12
Gayle A. Cotchen, Pharm.D./MBA, R.Ph. 13 Patrick M. Greene, Esquire, Office of Attorney 14 General 15 16 17 BUREAU PERSONNEL: 18 19 Kerry E. Maloney, Esquire, Board Counsel 20 Heather J. McCarthy, Esquire, Board Prosecution 21 Liaison 22 Keith E. Bashore, Esquire, Board Prosecutor 23 J. Karl Geschwindt, Esquire, Board Prosecutor 24 Alissa Harrison, Esquire, Board Prosecutor 25 Tara J. Smith, Esquire, Board Prosecutor 26
Melanie Zimmerman, R.Ph., Executive Secretary 27 28 29 30
ALSO PRESENT: 31 32 Patricia A. Epple, CEO, Pennsylvania Pharmacists 33 Association 34 Lisa Scannapieco, Director of Pharmacy Education and 35 Clinical Integration, Pentec Health 36 Barbara Knightly, Executive Vice President of 37 Pharmacy, Pentec Health 38 Rebecca S. Finley, Pharm.D., MA, FASHP, Dean, 39 Jefferson College of Pharmacy 40
James Reed, Area Healthcare Supervisor, Walgreens 41 Edward Foote, Pharm.D., FCCP, BCPS, Dean, Philadelphia 42 College of Pharmacy at the University of Sciences 43 Gregory Smith, Director of Pharmacy, Central Admixture 44 Pharmacy Services 45 Andrew C. Harvan, Esquire, Pennsylvania Medical 46 Society 47 John Sisto, Express Scripts, Incorporated 48 Erin R. Kawa, Esquire, Post & Schell, P.C. 49
Sargent's Court Reporting Service, Inc. (814) 536-8908
3
State Board of Pharmacy 1 2
November 27, 2018 3 4 5 ALSO PRESENT: (Continued) 6 7 Lawrence P. Carey, B.S. Pharm, Pharm.D., Pennsylvania 8 Society of Health-System Pharmacists/Temple School 9 of Pharmacy 10 Steve L. Sheaffer, Pharm.D., FASHP, Pennsylvania 11 Society of Health-System Pharmacists 12
Jenna L. McCarthy, Malady & Wooten 13 Christine Roussel, Pharm.D., BCOP, Pennsylvania 14 Society of Health-System Pharmacists, Doylestown 15 Hospital 16 Charles Hartwell, Esq. 17 18 19 20 21 22 23 24 25 26
27 28 29 30 31 32 33 34 35 36 37 38 39 40
41 42 43 44 45 46 47 48 49 50
Sargent's Court Reporting Service, Inc. (814) 536-8908
4
*** 1
State Board of Pharmacy 2
November 27, 2018 3
*** 4
The regularly scheduled meeting of the State 5
Board of Pharmacy was held on Tuesday, November 27, 6
2018. Janet Getzey Hart, R.Ph., Chairperson, called 7
the meeting to order at 8:56 a.m. Katelin Lambert, 8
Deputy Commissioner of Professional and Occupational 9
Affairs, was not present at the commencement of the 10
meeting. 11
The Pledge of Allegiance was recited. 12
*** 13
Introduction of Board Members, Board Staff, and 14
Audience 15
[Chairperson Hart requested the introduction of Board 16
members, Board staff, and audience members in 17
attendance. She also requested that all cell phones 18
and mobile devices be silenced. A quorum was noted to 19
be present.] 20
*** 21
Evacuation Announcement 22
[Melanie Zimmerman, R.Ph., Executive Secretary, 23
reviewed the emergency evacuation procedures for One 24
Penn Center.] 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
5
*** 1
Amendments to the Agenda 2
MR. MALONEY: 3
I’m looking for a motion to amend the 4
agenda to include the following: Case 5
No. 18-54-01079, Robert M. Shutty, R.Ph., 6
a review of a final A&O; Case No. 18-54-7
004429, Blake Kelley Armstrong, Motion 8
for Entry of Final Order; and Case No. 9
18-54-007549, Lori Lynn Rings, a Motion 10
to Deem Facts Admitted. 11
Although the Board announced at its 12
last meeting in public session that we 13
would be doing a regulatory work session 14
today on compounding, I wanted formally 15
to put that on the agenda also. 16
MS. TALBOTT: 17
Madam Chair, I will make that motion as 18
requested by Counsel. 19
DR. COTCHEN: 20
Second. 21
CHAIRPERSON HART: 22
Any discussion? All in favor? 23
[The motion carried unanimously.] 24
*** 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
6
Approval of Minutes of the August 28, 2018 meeting 1
CHAIRPERSON HART: 2
We need to approve the minutes from the 3
previous meeting. 4
MS. TALBOTT: 5
Madam Chair, I will make the motion to 6
approve the minutes, including where it 7
says Robert Brian Frankil. 8
DR. COTCHEN: 9
Second. 10
CHAIRPERSON HART: 11
Any discussion? All in favor, aye? Any 12
opposed? 13
[The motion carried unanimously.] 14
*** 15
Report of Prosecutorial Division 16
[Heather J. McCarthy, Esquire, Board Prosecution 17
Liaison, on behalf of Julia Feld-Caralle, Esquire, 18
Board Prosecutor, presented the Consent Agreements for 19
File No. 18-54-03901 and File No. 15-54-12860. 20
Patrick M. Greene, Esquire, recused himself from 21
the discussion on both consent agreements.] 22
*** 23
[Heather J. McCarthy, Esquire, Board Prosecution 24
Liaison, presented the Consent Agreement for File No. 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
7
18-54-007710.] 1
*** 2
[Keith E. Bashore, Esquire, Board Prosecutor, 3
presented the Consent Agreement for File No. 17-54-4
013664.] 5
*** 6
[J. Karl Geschwindt, Esquire, Board Prosecutor, on 7
behalf of Ray Michalowski, Esquire, Board Prosecutor, 8
presented the Consent Agreement for File No. 18-54-9
006184.] 10
*** 11
[J. Karl Geschwindt, Esquire, Board Prosecutor, 12
presented the Consent Agreement for File No. 18-54-13
010769. 14
Terry Talbott and Chairperson Janet Getzey Hart 15
recused themselves from discussion on the matter.] 16
*** 17
[Tara J. Smith, Esquire, Board Prosecutor, on behalf 18
of Erin Fure, Esquire, Board Prosecutor, presented the 19
Consent Agreement for File No. 18-54-005967. 20
Patrick M. Greene, Esquire, recused himself from 21
the discussion on the matter.] 22
*** 23
[Tara J. Smith, Esquire, Board Prosecutor, presented 24
the Consent Agreement for File No. 18-54-02558.] 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
8
*** 1
[Alissa Harrison, Esquire, Board Prosecutor, presented 2
the Consent Agreement for File No. 18-54-007777.] 3
*** 4
Report of Board Counsel 5
[Kerry E. Maloney, Esquire, Board Counsel, discussed 6
completing revisions to the compounding regulations, 7
as well as noting the naloxone exception. He reviewed 8
the naloxone exception where a prescription filled for 9
naloxone can now be left with someone other than the 10
identified patient coming out of prison. 11
Mr. Maloney noted that an exception was also made 12
for naloxone in the same circumstances for the 13
prospective drug review (PDR) requirement. The 14
exception passed as a final omitted because of the 15
opioid crisis as well as being an identified 16
initiative of the Governor in his emergency 17
declaration. 18
Mr. Maloney reported that the Independent 19
Regulatory Review Commission (IRRC) had concerns 20
regarding where the PDR exception was placed in the 21
draft. He informed IRRC of the General Revisions 22
still being considered by the Board, and IRRC voted 23
unanimously to approve the naloxone exception. 24
Mr. Maloney informed the Board that Mr. Mizner, 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
9
Vice Chairman of IRRC, thanked the Board for its 1
forward thinking and not neglecting this part of the 2
population. Mr. Maloney also stated that these 3
changes all stemmed from Melanie Zimmerman’s comments 4
and input. He noted that the naloxone exception will 5
be published on December 1, 2018 in the Pennsylvania 6
Bulletin and become final. 7
Mr. Maloney requested the Board hold a General 8
Revisions and Immunization Regulation work session 9
after the next Board Meeting.] 10
*** 11
Change in the Intern Hours Requirement 12
[Chairperson Hart referred to the Change in the Intern 13
Hours Requirement and the letter of support from the 14
PA Pharmacy School Deans. She requested a discussion 15
from the deans who are present in the audience 16
regarding their letter and moving forward with this 17
initiative. 18
Edward Foote, Pharm.D., FCCP, BCPS, Dean of the 19
Philadelphia College of Pharmacy at the University of 20
the Sciences; and Rebecca S. Finley, Pharm.D., MS, 21
FASHP, Dean of the Jefferson College of Pharmacy, 22
Thomas Jefferson University, introduced themselves and 23
offered their support of the initiative. Dr. Foote 24
and Dr. Finley outlined their experiences and the 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
10
circumstances that support the change in the intern 1
hours requirement, as well as answered questions from 2
the Board. Mr. Maloney requested a separate verbatim 3
transcript of the discussion be prepared. 4
Kerry E. Maloney, Esquire, Board Counsel, 5
requested a motion for a draft annex for the change to 6
the intern hours requirement which will be separate 7
from other regulation packages.] 8
MS. TALBOTT: 9
I would make a motion that we run this as 10
a separate package from the General 11
Revisions and do it expeditiously, and we 12
include the Board stakeholders, et 13
cetera. 14
DR. COTCHEN: 15
Second. 16
CHAIRPERSON HART: 17
I have a second. Anymore discussion? 18
Call for a vote. All in favor? Opposed? 19
[The motion carried unanimously.] 20
*** 21
Report of Board Counsel – Act 96 of 2018 22
[Kerry E. Maloney, Esquire, Board Counsel, had nothing 23
to add regarding Act 96 of 2018. 24
Chairperson Hart addressed e-Prescribing 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
11
applications and confusion regarding the application 1
process, noting states require eCertification to be 2
sent every two years. She stated many of the e-3
Prescribing certifications by companies are 4
proprietary. 5
Mr. Maloney advised the Board there was no 6
requirement for it to take immediate action on any 7
regulations. He discussed making revisions to the 8
regulations to reflect how the Department of Health 9
chooses to handle the e-Prescribing applications. 10
Mr. Maloney and Ms. Heather McCarthy met with 11
Prescription Drug Monitoring Program (PDMP) staff at 12
the Department of Health who requested that a penalty 13
be added for pharmacies that do not report to the PDMP 14
under the Schedule of Civil Penalties under Act 48, 15
which is under the purview of the Commissioner. He 16
stated the penalty for each violation under Act 48 can 17
be up to $1,000 for each day not reported. 18
Mr. Maloney asked the Board for input regarding 19
whether to request the Commissioner to include failure 20
to provide zero reports on the Schedule of Civil 21
Penalties. 22
Ms. Talbott commented that the violation would be 23
only if controlled drugs were dispensed and not 24
reported. Mr. Maloney also commented that some 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
12
pharmacies can get a waiver from submitting zero 1
reports. He noted that, after reviewing the Achieving 2
Better Care by Monitoring All Prescriptions Program 3
(ABC-MAP) Act, the Pharmacy Act, and Act 48, there may 4
not be a legal basis for a citation for zero reports. 5
Chairperson Hart noted the importance of giving 6
pharmacies a notice for not reporting, because it 7
could be due to failed transmissions, which should not 8
count as a violation. 9
Mr. Maloney explained that the PDMP system will 10
contact pharmacies with issues. He stated another 11
safeguard was that the Prosecution Division can use 12
some discretion in looking at those issues, and 13
ultimately, the pharmacy can appeal the citation. 14
Mr. Maloney informed PDMP that the Board would 15
consider the matter, and the Commissioner’s Office 16
would have to initiate the inclusion of such a 17
violation as one of the Act 48 Regulations. He also 18
noted that, under Act 48, the Commissioner would seek 19
approval of the Board. 20
Chairperson Hart noted instances where data was 21
actually sent, but there was not a valid match with 22
the patient and the PDMP. She discussed occurrences 23
with interoperability and with the National 24
Association of Boards of Pharmacy (NABP), where there 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
13
are greater issues from state to state. 1
Mr. Maloney referred to the Michael Kenney case 2
where a Petition for Review was filed because the 3
respondent wanted out of the Disciplinary Monitoring 4
Unit (DMU) early, and the Board decided not to grant 5
the request. He noted that the terms of the DMU ended 6
in December anyway and that the respondent signed the 7
Consent Agreement knowing its content. A written 8
opinion is anticipated in another month or so, 9
probably after the DMU ends. 10
Mr. Maloney discussed the Lena Lasher case which 11
is in Federal Court, where the judge issued a deadline 12
for discovery to end in March 2019. Mr. Maloney is in 13
contact with the Deputy Attorney General, who is 14
representing the Board and the members who were named, 15
and does not expect another update until March or 16
April 2019. 17
Mr. Maloney noted his attendance at the American 18
Society for Pharmacy Law (ASPL) Conference. 19
Interesting sessions included pharmacists having a 20
corresponding responsibility with diversion. He noted 21
discussion regarding buprenorphine for opiate 22
addiction treatment, ethics in pharmacy, telepharmacy, 23
and substance abuse in the workplace. 24
Mr. Maloney commented that the telemedicine bill 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
14
and pharmacy technician bill were not going anywhere 1
in this legislative session.] 2
*** 3
[Janet Getzey Hart, R.Ph., Chairperson, exited the 4
meeting at 9:45 a.m. and reentered the meeting at 5
9:47 a.m.] 6
*** 7
Report of Board Chairperson – Election of Officers and 8
Selection of Committee Members 9
CHAIRPERSON HART: 10
One of our things to do this particular 11
session is to elect a new Chairperson, 12
Vice Chair, and Secretary. 13
Do I have any motions? 14
MR. FRANKIL: 15
I nominate Terry Talbott for Chair. 16
MR. GREENE: 17
Second. 18
CHAIRPERSON HART: 19
Any discussion? All in favor? So noted. 20
So moved. 21
[The motion carried unanimously.] 22
*** 23
CHAIRPERSON HART: 24
Do I have any nominations for Vice Chair? 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
15
MS. TALBOTT: 1
Madam Chair, I’ll nominate Robert Brian 2
Frankil to be the Vice Chair. 3
CHAIRPERSON HART: 4
I second. Any discussion? All in favor? 5
[The motion carried unanimously.] 6
*** 7
MS. TALBOTT: 8
I nominate Janet Hart to be Secretary. 9
CHAIRPERSON HART: 10
Do I have a second? 11
MR. GREENE: 12
Second. 13
CHAIRPERSON HART: 14
Any discussion? All in favor? Opposed? 15
[The motion carried unanimously.] 16
*** 17
[Mr. Maloney will inquire as to the re-nomination of 18
Mark Zilner and nomination of the public members. 19
The Board discussed committee assignments and 20
the following changes were noted: Terry Talbott will 21
serve as the ADA Committee with Janet Getzey Hart 22
serving as the alternate and Gayle Cotchen will serve 23
as the chair of the Pharmacy Application Review 24
Committee with Janet Getzey Hart replacing Mark Zilner 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
16
as a member of this committee. The Probable Cause 1
Screening Committee and the CPR/Injectable Training 2
Approval Committee will remain the same except for the 3
Board Member whose term has expired.] 4
*** 5
CHAIRPERSON HART: 6
Do we have a motion for all of that? 7
MS. TALBOTT: 8
Yes. 9
DR. COTCHEN: 10
Second. 11
CHAIRPERSON HART: 12
Any discussion? All in favor? Opposed. 13
[The motion carried unanimously.] 14
*** 15
Report of Probable Cause Screening Committee 16
[Patrick M. Greene, Esquire, Office of Attorney 17
General, noted the Probable Cause Screening Committee 18
signed orders for mental and physical examinations and 19
for an immediate temporary suspension.] 20
*** 21
Report of Commissioner - No Report 22
*** 23
Report of Executive Secretary 24
[Melanie Zimmerman, R.Ph., Executive Secretary, 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
17
informed the Board that newsletter articles must be 1
provided soon if the Board desires to publish a 2
newsletter in January. 3
Dr. Cotchen questioned whether PDMP should be 4
addressed regarding fines and compliance. 5
Mr. Maloney noted that he is hesitant to draft an 6
article concerning PDMP since it is a Department of 7
Health program rather than a Board of Pharmacy 8
program. If the PDMP would be willing to provide an 9
article, it could be published. 10
Mr. Frankil suggested an update on the status of 11
regulations which could be prepared by Board Counsel 12
Maloney. 13
Steve Sheaffer, Pharm.D., Pennsylvania Society of 14
Health-System Pharmacists, noted that the Department 15
of Health developed a Memorandum of Understanding 16
(MOU) for community pharmacy access to a pandemic flu 17
vaccine. He stated the Pennsylvania Pharmacists 18
Association (PPA) facilitated this opportunity and 19
that he and Pat were working with the Department of 20
Health to obtain updates for submission. 21
Mr. Maloney mentioned the recent CVS waiver that 22
the Board granted in part and denied in part regarding 23
prescription labels which could be distributed after 24
an internal review is completed. Information could be 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
18
included on the naloxone exception and the intern 1
hours requirements waiver. 2
Ms. Talbott suggested a statement regarding the 3
number of licensed pharmacists, pharmacies, 4
nonresidents, and the percentage that renewed on time 5
in Pennsylvania. 6
Chairperson Hart suggested an article from the 7
Department of Health concerning medical marijuana. 8
This prompted a discussion where it was determined 9
that Janet Getzey Hart will continue to serve as the 10
Board’s designee on the Medical Marijuana Advisory 11
Board.] 12
*** 13
New Business 14
[Kerry E. Maloney, Esquire, Board Counsel, addressed 15
the Food and Drug Administration’s (FDA’s) Draft 16
Memorandum of Understanding. Mr. Maloney noted 17
Pennsylvania-specific issues, including the 18
requirement of the Prosecutorial Division to report to 19
the FDA the notice of a complaint against a pharmacy 20
within three days. 21
Mr. Maloney also noted an issue on the legal side 22
related to Act 25 that deals with confidentiality of 23
investigative files. He explained that the agency is 24
not permitted to provide investigative files to any 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
19
entity other than law enforcement, specifically noting 1
that the Food and Drug Administration was not law 2
enforcement. He noted two letters on the agenda 3
regarding this issue and invited discussion. 4
Barbara Knightly, Executive Vice President of 5
Pharmacy, Pentec Health, explained this was a draft 6
guidance from the FDA asking for comments. She 7
encouraged the Board of Pharmacy to have their legal 8
concerns on file by December 10, 2018. She noted a 9
meeting between NABP and the FDA, where approximately 10
45 states would agree to sign it. 11
Ms. Knightly stated the FDA was working closely 12
with NABP to understand the difference between the 13
traditional compounder 503A as opposed to the 503B. 14
For those acting like a manufacturer, they are trying 15
to make it easier and trying to ask for states to 16
identify those pharmacies that are dispensing more 17
than 50 percent so that the FDA could put them on a 18
risk base section schedule with regard to sterile 19
compounding. 20
Mr. Maloney commented that the Department of 21
Health handles 503B, and the Board does not track the 22
dispensing or distinguish between a retail pharmacy 23
and a compounding pharmacy. He also stated, even with 24
503A, the system and statute does not allow the Board 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
20
to distinguish or track the dispensing. 1
Dr. Cotchen commented that the Board of Pharmacy 2
has been very active in attending the FDA meetings. 3
She stated Pennsylvania has been very well represented 4
concerning MOU and believes that the Governor and 5
Commissioner do not want any businesses leaving 6
because the MOU has not been signed. 7
John Sisto, Express Scripts, Incorporated, 8
commented that the FDA clarified at a recent meeting 9
that they are going to interpret it as 50 percent of 10
the compounding scripts, not the total scripts. 11
Mr. Maloney will present recommendations to the 12
Commissioner on this matter since an MOU would be 13
signed by the Commissioner or at a higher level.] 14
*** 15
[Chairperson Hart stated the Board will pass on 16
nominations for National Association of Boards of 17
Pharmacy Awards. 18
*** 19
[Chairperson Hart noted correspondence from Sharon 20
Abraczinskas concerning the scope of practice of 21
pharmacists. Board Members commented that Ms. 22
Abraczinskas needed to be more assertive and suggested 23
responding to Ms. Abraczinskas as a Board, reminding 24
her that it is not within the Board’s purview to pass 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
21
legislation allowing individuals to administer flu 1
shots. It was also noted that pharmacists have the 2
ability to refuse a request based on having a valid 3
reason and professional discretion. 4
Mr. Maloney offered to write a response letter 5
conveying references to the regulations and statutes 6
to address Ms. Abraczinskas’ concerns given that the 7
Board cannot provide advisory opinions or interpret 8
the Pharmacy Act or the Board Regulations.] 9
*** 10
[Pursuant to Section 708(a)(5) of the Sunshine Act, at 11
10:15 a.m., the Board entered into Executive Session 12
with Kerry E. Maloney, Esquire, Board Counsel, to 13
receive legal advice and to engage in quasi-judicial 14
deliberations. The Board returned to open session at 15
11:15 a.m.] 16
*** 17
[Katelin Lambert, Deputy Commissioner of Professional 18
and Occupational Affairs, entered the meeting at 19
11:06 a.m., during Executive Session] 20
*** 21
MOTIONS 22
CHAIRPERSON HART: 23
The Board of Pharmacy met in Executive 24
Session to discuss and review consent 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
22
orders and other legal documents. Are 1
there any motions regarding these 2
discussions? 3
DR. COTCHEN: 4
Madam Chairperson, I move that we approve 5
the Consent Agreement for File No. 18-54-6
03901. 7
MS. TALBOTT: 8
Second. 9
CHAIRPERSON HART: 10
Call for discussion. Call for a vote. 11
12
Frankil, aye; Greene, recuse; Hart, aye; 13
Cotchen, aye; and Talbott, aye. 14
[The motion carried. Patrick Greene recused himself 15
from deliberations and voting on the motion. 16
The pharmacist’s name is Mary Uhl Huminski, 17
R.Ph.] 18
*** 19
DR. COTCHEN: 20
I move that we approve the Consent 21
Agreement for File No. 18-54-010769. 22
MR. FRANKIL: 23
Second. 24
CHAIRPERSON HART: 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
23
Any discussion? Call for a vote. 1
2
Frankil, aye; Greene, aye; Hart, recuse; 3
Cotchen, aye; Talbott, recuse; and 4
Lambert, aye. 5
[The motion carried. Janet Getzey Hart and Terry 6
Talbott recused themselves from deliberations and 7
voting on the motion. 8
The pharmacist’s name is Ha Thi Huynh, R.Ph.] 9
*** 10
DR. COTCHEN: 11
I move that we table the request 12
submitted by Magdy Hassan pending more 13
information about her request for reduced 14
intern hours. 15
MR. FRANKIL: 16
Second. 17
CHAIRPERSON HART: 18
Call for discussion. Call for a vote. 19
20
Frankil, aye; Greene, aye; Lambert, aye; 21
Hart, recuse; Cotchen, aye; and Talbott, 22
recuse. 23
[The motion carried. Janet Getzey Hart and Terry 24
Talbott recused themselves from deliberations and 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
24
voting on the motion.] 1
*** 2
[Katelin Lambert, Deputy Commissioner of Professional 3
and Occupational Affairs, exited the meeting at 11:17 4
a.m.] 5
*** 6
DR. COTCHEN: 7
I move that we approve the Consent 8
Agreement for File No. 15-54-12860. 9
MS. TALBOTT: 10
Second. 11
CHAIRPERSON HART: 12
Call for discussion. Call for a vote. 13
14
Frankil, aye; Greene, recuse; Hart, aye; 15
Cotchen, aye; and Talbott, aye. 16
[The motion carried. Patrick Greene recused himself 17
from deliberations and voting on the motion. 18
The pharmacist’s name is Maryann P. Shawaluk, 19
R.Ph.] 20
*** 21
DR. COTCHEN: 22
I move that we approve the Consent 23
Agreement for File No. 17-54-013664. 24
MS. TALBOTT: 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
25
Second. 1
CHAIRPERSON HART: 2
Any discussion? Call for a vote. 3
4
Frankil, aye; Greene, aye; Hart, aye; 5
Cotchen, aye; and Talbott, aye. 6
[The motion carried unanimously. The pharmacy’s name 7
is Wells Pharmacy Network, LLC.] 8
*** 9
DR. COTCHEN: 10
I move that we approve the Consent 11
Agreement for File No. 18-54-006184. 12
MS. TALBOTT: 13
Second. 14
CHAIRPERSON HART: 15
Any discussion? Call for a vote. 16
17
Frankil, aye; Greene, aye; Hart, aye; 18
Cotchen, aye; and Talbott, aye. 19
[The motion carried unanimously. The pharmacist’s 20
name is Edward W. Sweeney, R.Ph.] 21
*** 22
DR. COTCHEN: 23
I move that we approve the Consent 24
Agreement for File No. 18-54-005967. 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
26
MS. TALBOTT: 1
Second. 2
CHAIRPERSON HART: 3
Any discussion? Call for a vote. 4
5
Frankil, aye; Greene, recuse; Hart, aye; 6
Cotchen, aye; and Talbott, aye. 7
[The motion carried. Patrick Greene recused himself 8
from deliberations and voting on the motion. 9
The pharmacist’s name is Christopher Lee Nowak, 10
R.Ph.] 11
*** 12
DR. COTCHEN: 13
I move that we approve the Consent 14
Agreement for File No. 18-54-007777. 15
MS. TALBOTT: 16
Second. 17
CHAIRPERSON HART: 18
Any discussion? Call for a vote. 19
20
Frankil, aye; Greene, aye; Hart, aye; 21
Cotchen, aye; and Talbott, aye. 22
[The motion carried unanimously. The pharmacist’s 23
name is Donald Alfred Hannon, R.Ph.] 24
*** 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
27
DR. COTCHEN: 1
I move that we approve the Consent 2
Agreement for File No. 18-54-007710. 3
MS. TALBOTT: 4
Second. 5
CHAIRPERSON HART: 6
Any discussion? Call for a vote. 7
8
Frankil, aye; Greene, aye; Hart, aye; 9
Cotchen, aye; and Talbott, aye. 10
[The motion carried unanimously.] 11
*** 12
DR. COTCHEN: 13
I move that we approve the Consent 14
Agreement for File No. 18-54-02558. 15
MS. TALBOTT: 16
Second. 17
CHAIRPERSON HART: 18
Any discussion? Call for a vote. 19
20
Frankil, aye; Greene, aye; Hart, aye; 21
Cotchen, aye; and Talbott, aye. 22
[The motion carried unanimously. The pharmacist’s 23
name is Gennady Krupnikas, R.Ph.] 24
*** 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
28
DR. COTCHEN: 1
I move that we approve the final 2
Adjudication and Order for Peter M. 3
Campanella, File No. 17-54-00398. 4
MS. TALBOTT: 5
Second. 6
CHAIRPERSON HART: 7
Any discussion? Call for a vote. 8
9
Frankil, aye; Greene, aye; Hart, aye; 10
Cotchen, aye; and Talbott, aye. 11
[The motion carried unanimously.] 12
*** 13
DR. COTCHEN: 14
I move that we approve the final 15
Adjudication and Order for Harold 16
Gillung, R.Ph., File No. 18-54-001780. 17
MR. FRANKIL: 18
Second. 19
CHAIRPERSON HART: 20
Any discussion? Call for a vote. 21
22
Frankil, aye; Greene, aye; Hart, aye; 23
Cotchen, aye; and Talbott, recuse. 24
[The motion carried. Terry Talbott recused herself 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
29
from deliberations and voting on the motion.] 1
*** 2
DR. COTCHEN: 3
I move that we adopt the proposed 4
Adjudication and Order for Stacey Orr 5
d/b/a Mod Apothecary, File No. 15-54-6
08420. 7
MS. TALBOTT: 8
Second. 9
CHAIRPERSON HART: 10
Any discussion? Call for a vote. 11
12
Frankil, aye; Greene, aye; Hart, aye; 13
Cotchen, aye; and Talbott, aye. 14
[The motion carried unanimously.] 15
*** 16
DR. COTCHEN: 17
I move that we adopt the proposed 18
Adjudication and Order for Drug Depot, 19
Inc., d/b/a APS Pharmacy, File No. 18-54-20
03878. 21
MS. TALBOTT: 22
Second. 23
CHAIRPERSON HART: 24
Any discussion? Call for a vote. 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
30
1
Frankil, aye; Greene, aye; Hart, aye; 2
Cotchen, aye; and Talbott, aye. 3
[The motion carried unanimously.] 4
*** 5
DR. COTCHEN: 6
I move that we adopt the proposed 7
Adjudication and Order for PharmScript, 8
LLC, File No. 18-54-006932. 9
MS. TALBOTT: 10
Second. 11
CHAIRPERSON HART: 12
Any discussion? Call for a vote. 13
14
Frankil, aye; Greene, aye; Hart, aye; 15
Cotchen, aye; and Talbott, nay. 16
[The motion carried. Terry Talbott opposed the 17
motion.] 18
*** 19
DR. COTCHEN: 20
I move that we approve the Pharmacist 21
Application Review submitted by Thomas 22
Andrew Fortier. 23
MS. TALBOTT: 24
Second. 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
31
CHAIRPERSON HART: 1
Any discussion? Call for a vote. 2
3
Frankil, aye; Greene, aye; Hart, aye; 4
Cotchen, aye; and Talbott, aye. 5
[The motion carried unanimously.] 6
*** 7
DR. COTCHEN: 8
I move that we table the Intern Hours 9
Evaluation Request from Ravindra Malavia 10
pending receipt of more information. 11
MS. TALBOTT: 12
Second. 13
CHAIRPERSON HART: 14
Any discussion? Call for a vote. 15
16
Frankil, aye; Greene, aye; Hart, aye; 17
Cotchen, aye; and Talbott, aye. 18
[The motion carried unanimously.] 19
*** 20
DR. COTCHEN: 21
I move that we approve the Motion to Deem 22
Facts Admitted and direct Board Counsel 23
to draft an Adjudication and Order with 24
terms consistent with those discussed 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
32
during Executive Session for Lori Lynn 1
Rings, File No. 18-54-007549. 2
MS. TALBOTT: 3
Second. 4
CHAIRPERSON HART: 5
Any discussion? Call for a vote. 6
7
Frankil, aye; Greene, aye; Hart, aye; 8
Cotchen, aye; and Talbott, aye. 9
[The motion carried unanimously.] 10
*** 11
DR. COTCHEN: 12
I move that we grant the Motion for Entry 13
of Final Order for Blake Kelley 14
Armstrong, File No. 18-54-004429. 15
MS. TALBOTT: 16
Second. 17
CHAIRPERSON HART: 18
Any discussion? Call for a vote. 19
20
Frankil, aye; Greene, recuse; Hart, aye; 21
Cotchen, aye; and Talbott, aye. 22
[The motion carried. Patrick Greene recused himself 23
from deliberations and voting on the motion.] 24
*** 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
33
DR. COTCHEN: 1
I move that we approve the Adjudication 2
and Order for Robert M. Shutty, Case No. 3
18-54-01079, subject to approval of 4
Counsel Division. 5
MS. TALBOTT: 6
Second. 7
CHAIRPERSON HART: 8
Any discussion? Call for a vote. 9
10
Frankil, aye; Greene, aye; Hart, aye; 11
Cotchen, aye; and Talbott, aye. 12
[The motion carried unanimously.] 13
*** 14
MS. TALBOTT: 15
I motion that we submit a nominee for the 16
John F. Atkinson Service Award to NABP 17
and that the nominee be Mr. Maloney. 18
DR. COTCHEN: 19
Second. 20
CHAIRPERSON HART: 21
All in favor? Opposed? 22
[The motion carried unanimously.] 23
*** 24
Adjournment 25
Sargent's Court Reporting Service, Inc. (814) 536-8908
34
MS. TALBOTT: 1
Motion to adjourn. 2
MR. FRANKIL: 3
Second. 4
CHAIRPERSON HART: 5
All in favor? 6
[The motion carried unanimously.] 7
*** 8
[There being no further business, the State Board of 9
Pharmacy Meeting adjourned at 11:25 a.m. A regulation 10
work session was held after the Board Meeting.] 11
*** 12
13
14
15
16
17
18
19
20
21
22
23
24
25
Sargent's Court Reporting Service, Inc. (814) 536-8908
35
CERTIFICATE 1
2
I hereby certify that the foregoing summary 3
minutes of the State Board of Pharmacy meeting, was 4
reduced to writing by me or under my supervision, and 5
that the minutes accurately summarize the substance of 6
the State Board of Pharmacy meeting. 7
8
9
10
Adam Beck, 11
Minute Clerk 12
Sargent’s Court Reporting 13
Service, Inc. 14
15
16
17
18
19
20
21
22
23
24
25
Sargent's Court Reporting Service, Inc. (814) 536-8908
36
STATE BOARD OF PHARMACY 1 REFERENCE INDEX 2
3 November 27, 2018 4
5 6 TIME AGENDA 7 8 8:56 Official Call to Order 9 10 8:56 Pledge of Allegiance 11 12
8:57 Introduction of Board Members, Board 13 Staff, and Audience Members and 14 Evacuation Announcement 15
16 8:58 Amendment to the Agenda 17 18 9:00 Approval of Minutes 19 20 9:00 Report of Prosecutorial Division 21 22 9:09 Report of Board Counsel 23 24 9:13 Discussion - Change in the Intern Hours 25
Requirement 26
27 9:49 Report of Board Chairperson 28 29 9:52 Report of Committees 30 31 9:52 Report of Executive Secretary 32 33 10:00 New Business 34 35 10:15 Executive Session 36 11:15 Return to Open Session 37 38 11:15 Motions 39 40
11:25 Adjournment 41 42 43 44 45 46 47 48 49 50
Recommended