May 2, 2023 Meeting of the Iowa Board of Pharmacy

Iowa Board of Pharmacy
May 2, 2023 Open Session Minutes
 

Members Present
Kathy Stone, Chair
Erik Maki, Vice-Chair
Connie Connolly
Bob Egeland
Jim Mennen
Dane Nealson
Sherill Whisenand
 

Board Members Absent
Joan Skogstrom

Staff Present
Andrew Funk, Executive Director
Lindsey Browning, Assistant Attorney General
Mitch Barnett, Associate Director of the PMP
Becky Carlson, Administrative Assistant
Melissa Carstens, PMP Associate Administrator
Amanda Woltz, Administrative Assistant
 

Compliance Officers
Curt Gerhold
Jill Kremmin
Mark Mather
Sue Mears
Britney Origer
Maggie Phelps
Jean Rhodes
Jim Wolfe
 

Call to Order and Announcements
At 9:01 a.m., on Tuesday, May 2, 2023, Kathy Stone, called the meeting of the Iowa Board of Pharmacy to order.
Director Funk introduced new Board pharmacist member Connie Connolly, who replaced pharmacist member Gayle Mayer. Additionally, he introduced new compliance officer Jill Kremmin who will serve Northwest Iowa and Lindsey Browning who is the new assistant attorney general assigned to the Board.
Election of Officers
Motion by Dane Nealson, second by Sherill Whisenand, to elect Kathy Stone as the Chairperson of the Iowa Board of Pharmacy. Motion passed unanimously.
Motion by Dane Nealson, second by Sherill Whisenand, to elect Erik Maki as the Vice-Chairperson of the Iowa Board of Pharmacy. Motion passed unanimously.
 

Public Comment Period
None
 

Approval of Minutes
1. February 28, 2023 Open Session Minutes

Motion by Dane Nealson, second by Bob Egeland, to approve the open session minutes of the February 28, 2023, meeting as presented. Amended motion by Dane Nealson, second by Bob Egeland to approve the open session minutes of the February 28, 2023, meeting after correcting the spelling of Connie Connolly’s last name. Motion passed unanimously.
 

Mandate for Electronic Transmission of Prescriptions
1. Alexandra Armstrong, FNP-C, Nutritionist
Motion by Erik Maki, second by Dane Nealson, to approve for 50 non-controlled substances with testosterone annually. Motion passed unanimously.
 

Requests
1. Request to waive $270 of the reactivation fee required in 657 IAC 10.6(2) to reactivate the CSA registration - Roger Shafer, Registration 1239579, Dubuque
Motion by Dane Nealson, second by Sherill Whisenand, to deny the request. Motion passed unanimously.
2. Request to waive 657 IAC 21.10(3)"b" requiring pharmacist final verification on prescriptions filled utilizing an automated medication dispensing system
a. Hy-Vee Central Fill, application pending, Sioux Falls, SD
b. Hy-Vee Pharmacy Fulfillment Center (4016), License 1472, Des Moines
Motion by Dane Nealson, second by Sherill Whisenand, to approve the requests as presented. Motion passed unanimously.
3. Request to waive 657 IAC 6.7(5)"a" and "b" requiring basic alarm system and video surveillance no later than July 6, 2023 - Dental Pharmacy, License 70, Iowa City
Motion by Dane Nealson, second by Erik Maki to approve the request for the basic alarm system if key access is removed and deny the request to waive the requirement for video surveillance. Motion passed unanimously.
4. Request to permanently waive 657 IAC 17.3(1)"c" requiring evidence of drug distributor accreditation for license renewal - Jubilant HollisterStier, License 5465, Spokane, WA
Motion by Dane Nealson, second by Sherill Whisenand, to approve the petition for waiver for two years. Motion passed unanimously.
 

Reports & Informational Items
1. Executive Director’s Report ........................................................................................ Andrew Funk
Staff Anniversaries
• Melissa Carstens is celebrating three years with the Board.
• Dakota Waltz and Deb McClure are celebrating two years with the Board.

USP Revisions
• USP revisions will be effective November 1, 2023.
• Compliance staff continue to work on a continuing education class.
 

2. Meetings and Travel .................................................................................................... Andrew Funk
• NABP Annual Meeting .................................................................................... May 10-12, 2023
• Rules Committee ..................................................................................................... June 7, 2023
• IPA Annual Meeting ........................................................................................ June 15-16, 2023
• Next Board Meeting ......................................................................................... June 27-28, 2023
• NABP District V Meeting ............................................................................. August 9-10, 2023
 

3. Legal Update ........................................................................................................ Lindsey Browning
Lindsey Browning presented on the roles and responsibilities of the Board.
 

4. PMP Annual Report and Update .................................................................................. Mitch Barnett
Mitch Barnett provided a program update.
PMP Integrations
• In state chain pharmacies ...................................................................................................... 307
• In state independent pharmacies .............................................................................................. 71
• Nonresident pharmacies ........................................................................................................ 161
• Clinics/physician offices within Iowa ................................................................................... 312
• Clinics/physician offices outside of Iowa .............................................................................. 389
• Iowa hospitals .......................................................................................................................... 73
• Hospitals outside of Iowa ........................................................................................................ 97
Statewide Integration Initiative
• The Statewide Integration Initiative launched June 15, 2022. The initiative provides funding for a statewide PMP integration option that is available to Iowa prescribers and pharmacists. 180 new entities have signed up since it launched. Addition information concerning the Statewide Integration Initiative can be found at https://pharmacy.iowa.gov/prescription-monitoring-program.
Quarterly Prescriber Activity Reports
• 11,272 reports were sent this quarter.
Pharmacist Narcan® Dispensing Program
• From July 1, 2020 to March 31, 2023 the Pharmacist Narcan® Dispensing Program has had 6,807 fills with 6,425 unique patients.
 

Pharmacist Disposal Kit Dispensing Program
• From July 1, 2021 to March 31, 2023 the Pharmacist Disposal Kit Dispensing Program has had 31,000 fills for 23,1700 unique patients.
PMP Meetings and Presentations
• Public Health Conference of Iowa ..................................................................... March 28, 2023
• Iowa’s Annual Governor’s Conference of Substances Abuse .............................. April 26, 2023
 

5. Board-Sponsored Medication Disposal Update ...................................................... Melissa Carstens
Melissa Carstens provided a program update. The program has over 530 participating pharmacies (both controlled and non-controlled sites). Pharmacies are able to install an 18 gallon or 38 gallon DEA-compliant permanent receptacle.
 

6. Iowa Monitoring Program for Pharmacy Professionals (IMP3) Update .................... Becky Carlson
Becky Carlson provided a program update. The last meeting was March 8, 2023, and the next meeting is scheduled for June 14, 2023.
Total program participants: 21
 

7. Compliance Report .................................................................................................... Maggie Phelps
Maggie Phelps provided a compliance update. From March 1 to April 30, 2023, compliance officers have attended several meetings, such as, rule committee, legislative, USP, NABP, NASCSA, and IPA meetings. Compliance officers have also completed a preceptorship for block 9 APPE rotation, organized suspicious order reporting, began NABP’s DSCSA tracing pilot, made revisions to the CEU presentation for USP 795 and 797, probation follow-up/audits, Esper rulemaking platform testing and training, audits of EMS programs, and review of Code and IAC for EO 10.
• Inspections completed from March 1, 2023 to April 30, 2023 total 92.
• Controlled Substance Act inventory verification for inspection total 36.
• Controlled Substance Act inspections total 13.
 

8. 50 Year Pharmacist Licensees
• Margaret Kelly, RPh, License 14233
• Richard Baldwin, RPh, License 14199
• Richard Hartig, RPh, License 14227
• Joy Hansen, RPh, License 14222
• Sonja Hanson, RPh, License 14224
• Marla Franck, RPh, License 4249
• Charles Comito, RPh, License 14209
• Terry Jacobsen, RPh, License 14315
• Dan Keckler, RPh, License 14232
• Walter Tschopp, RPh, License 14261
• Jay Moser, RPh, License 14170
• Mary Wenger, RPh, License 14276
• Thomas Selander, RPh, License 14251
• Mark Richards, RPh, License 14248
• Margaret O’Connor, RPh, License 14171
• Paul O’Rourke, RPh, License 14172
 

9. FDA Moves Forward with Mail-back Envelopes for Opioid Analgesics Dispensed in Outpatient Settings
Informational Item
 

Rules and Legislation
1. Legislative Update
Seth Brown with IPA provided a legislative update to the Board.
2. Executive Order 10 Update
Director Funk provided the Board with an update on the Board’s progress with the Governor’s Executive Order 10.
3. Proposed for adoption to amend Chapter 10, "Controlled Substances," to provide an option, on a case-by-case basis, for the issuance of a CSA registration to a business location (e.g., ambulatory surgical centers, etc.) when it would be impractical to require each individual practitioner who administers or dispenses controlled substances to separately register at the business location (ARC 6906C)
Motion by Dane Nealson, second by Sherill Whisenand, to adopt. Motion passed unanimously.
4. Proposed for adoption to amend Chapter 33, "Military Service and Veteran Reciprocity," to implement the licensure-related provisions of 2022 Iowa Acts, Senate File 2383, revising the requirements and parameters of licensure for veterans and active duty military spouses (ARC 6944C)
Motion by Dane Nealson, second by Sherill Whisenand, to adopt. Motion passed unanimously.
5. Proposed for adoption to amend Chapter 10, "Controlled Substances," and Chapter 12, "Precursor Substances," to temporarily add four substances to Schedule I, exclude one substance from Schedule II, and add one substance as a precursor substance of the Iowa controlled substances Act in response to similar action taken by the DEA (ARC 6874C)
Motion by Sherill Whisenand, second by Connie Connolly, to adopt. Motion passed unanimously.
 

Closed Session
At 10:51 a.m., on a motion by Dane Nealson, second by Sherill Whisenand, the Board voted unanimously by roll call vote to move into closed session pursuant to Iowa Code section 21.5(1)(a), to review or discuss records which are required or authorized by state or federal law to be kept confidential; pursuant to Iowa Code section 21.5(1)(d), to discuss whether to initiate licensee disciplinary investigations or proceedings; and pursuant to Iowa Code section 21.5(1)(f), to discuss the decision to be rendered in a contested case conducted according to the provisions of Iowa Code chapter 17A.
At 4:29 p.m., the Board returned to open session. In open session the following actions were taken:
 

1. February 28, 2023 Closed Session Minutes
Motion by Dane Nealson, second by Erik Maki, to approve the closed session minutes from the February 28, 2023 meeting as presented. Motion passed unanimously.
 

2. Combined Statement of Charges, Settlement Agreement, and Final Order
Motion by Erik Maki, second by Sherill Whisenand, to approve the Combined Statement of Charges, Settlement Agreement, and Final Order in the following case. Motion passed unanimously.
A. 2022-0185 Walgreens 05721, License 355, Des Moines
 

3. Settlement Agreement and Final Order
Motion by Erik Maki, second by Sherill Whisenand, to approve the Settlement Agreement and Final Order in the following case. Motion passed unanimously.
A. 2022-0204 Thien-Lam Pham, PSP, Registration 7714, Clive
 

4. Notice of Hearing, Statement of Charges, and Emergency Adjudicative Order
Motion by Erik Maki, second by Sherill Whisenand, to approve the Notice of Hearing, Statement of Charges, and Emergency Adjudicative Order in the following case. Motion passed unanimously.
1. 2023-0068 Sarah Taylor, CPhT, Registration 23874, Council Bluffs
 

5. Closed with No Further Action
Motion by Erik Maki, second by Sherill Whisenand, to close with no further action the following investigative files in complaint numbers: 2023-0021, 2023-0023, 2022-0235, 2023-0015, 2023-0016, 2021-0166, 2023-0047, 2023-0045, 2023-0037, 2023-0038, 2023-0039, 2023-0027, 2023-0048, 2023-0049, 2023-0058, 2023-0032, 2023-0035, 2022-0252, 2022-0240, and 2023-0031. Motion passed unanimously.
 

6. Closed with No Further Action
Motion by Erik Maki, second by Sherill Whisenand, to close with no further action the following investigative files in complaint numbers: 2023-0042, 2023-0017, and 2023-0030. Jim Mennen abstained. Motion passed unanimously.
 

7. Closed with No Further Action
Motion by Erik Maki, second by Sherill Whisenand, to close with no further action the following investigative files in complaint numbers: 2023-0029 and 2023-0046. Connie Connolly abstained. Motion passed unanimously.
 

8. Closed with No Further Action
Motion by Erik Maki, second by Sherill Whisenand, to close with no further action the following investigative files in complaint numbers: 2023-0022, 2023-0025, and 2023-0026. Kathy Stone abstained. Motion passed unanimously.
 

9. Administrative Warning
Motion by Erik Maki, second by Sherill Whisenand, to issue administrative warnings to the respondents in the following investigative files in complaint numbers: 2023-0070, 2023-0071, and 2023-0064. Motion passed unanimously.
 

10.Letter of Education
Motion by Erik Maki, second by Sherill Whisenand, to issue letters of education to the respondents in the following investigative files in complaint numbers: 2023-0050, 2023-0051, 2023-0012, 2023-0074, 2023-0075, 2023-0232, and 2023-0076. Motion passed unanimously.
 

11.Requests and Applications
Motion by Erik Maki, second by Sherill Whisenand, to approve the request for the following applicant. Motion passed unanimously.
A. Alaina Hofmann, Intern Registration 7292, Blue Grass
 

12.Requests and Applications
Motion by Erik Maki, second by Sherill Whisenand, to deny the application for the following applicant.
A. Shijian “Shawn” Ding, Technician Trainee Applicant
 

13.Consent Agreement
Motion by Erik Maki, second by Sherill Whisenand, to approve the licenses/registrations by Consent Agreement for the following applicants. Motion passed unanimously.
A. LaKaren Pankey, PSP Applicant
B. William Boerger, RPh, Pharmacist Applicant
C. Gabriel Podraza, RPh, Pharmacist Applicant

At 4:35 p.m., motion by Sherill Whisenand, second by Dane Nealson, to adjourn. Motion approved unanimously.

Amanda Woltz, Administrative Assistant and Recording Secretary

Kathy Stone
Board Chair
 

Executive Director 

APPROVED THIS DAY 27th OF JUNE 2023