INDIANA BOARD OF PHARMACY - IN.gov · 12/9/2013 · INDIANA BOARD OF PHARMACY Indiana Professional...

INDIANA BOARD OF PHARMACY

Indiana Professional Licensing Agency Indiana Government Center South, Room W064

402 W. Washington St. Indianapolis, IN 46204

MINUTES OF the December 9, 2013 Board Meeting

I. CALL TO ORDER & ESTABLISHMENT OF QUORUM President and Presiding Officer Sara St. Angelo called the meeting to order at 8:40 a.m. in Room W064 of the Indiana Government Center-South, 402 West Washington Street, Indianapolis, Indiana 46204, and declared a quorum with 5 members present, in accordance with IC § 25-26-13-3.

Board Members Present: Sara St. Angelo, PharmD., R.Ph., President

Steven Anderson, R.Ph., Vice President Winnie Landis, R.Ph., Member

Donna S. Wall, PharmD., R.Ph., Member William J. Cover, R.Ph., Member (In at 8:50) Del T. Fanning, R.Ph., Member

Present At: 8:45 a.m.

Board Members Not In Attendance:

State Officials Present: Greg Pachmayr, Director, Indiana Professional Licensing Agency Amy Hall, Assistant Board Director, Indiana Professional Licensing Agency

Deborah Frye, Compliance Director, Indiana Professional Licensing Agency Jessi Rager, Litigation Specialist, Indiana Professional Licensing Agency

Zaneta Nunnally, Compliance Officer, Indiana Professional Licensing Agency Amy Phillips, Compliance Officer, Indiana Professional Licensing Agency Tim Thomas, Compliance Officer, Indiana Professional Licensing Agency Lorena Sipe, Compliance Officer, Indiana Professional Licensing Agency Michael Shannon, Compliance Officer, Indiana Professional Licensing Agency

Gordon White, Board Advisory Counsel, Office of the Attorney General Darren R. Covington, Deputy Attorney General - Office of the Attorney General

II. ADOPTION OF THE AGENDA A motion was made by Member Fanning and seconded by Member Wall to adopt the agenda. MOTION CARRIED: 5-0-0.

III. ADOPTION OF THE MINUTES FROM PREVIOUS MEETING

A motion was made by Member Wall and seconded by Member Fanning to approve the minutes from the previous meeting. Motion Carried 5-0-0.

IV. FULL BOARD APPEARANCES i. Pharmerica- Rx Now—Robert Kulak and Ann Manship – Wall/Fanning 6-0-0 Approve upon inspection ii. Village Fertility—Renewal Application—Cease and Desist from MA due to recall of sterile compounding. Low risk sterile compounding only. No high risk. Licenses in aprox 23 states. Nothing pending re: discipline in any state. In full compliance with 797. Had inspection from MA board in July. In full compliance. Feel that they are going above and beyond 797. Had been shipping into Indiana prior to being licensed. Cease and Desist was dismissed. Based in MA. Last inspection was July 26, 2013. Currently on probation in MA for 3 years beginning the end of August. Cover- Approve renewal on probation. Must comply with MA order and only ship low risk compounding sterile compounding into Indiana. Notify of any disciplinary action. Cannot petition to withdraw probation until MA permit is clear. Cover/Anderson 6-0-0 iii. IU Health- Mail Order Medication Reconciliation Concerns-

V. STANDING COMMITTEE MEETINGS

9:30 – 11:00 a.m. A. Administration and Licensing Committee (Room W064)

The Administration and Licensing Committee met at 9:30 a.m. in Room W064 of the Indiana Government Center-South, 402 West Washington Street, Indianapolis, Indiana 46204. Board Members Present: Donna Wall Steve Anderson Sara St. Angelo Staff Officials Present: Amy Hall Greg Pachmayr Jessi Rager Personal Appearances – Individuals Name: Jack Wells Application Type: Pharmakon Reason for personal appearance: Technician Training Program Notes: Sit down lecture. Hoping to move it to a webinar. Committee recommendation to full Board: Approve program. After a discussion with the full Board, a motion was made by Member Wall and seconded by Member Cover to approve, the motion carried 5-0-0. Name: Deanna Darden Application Type: Pharmacy Technician Reason for personal appearances: Positive Response Committee recommendation to full Board: Deny After a discussion with the full Board, a motion was made by Member Wall and seconded by Member Cover to approve, the motion carried 5-0-0.

Name: Melissa Fuentes Application Type: Pharmacy Technician Reason for personal appearances: Positive Response Committee recommendation to full Board: Probationary license. 2 years. Must have her driver’s license back. Cannot have any arrests. Quarterly self reports and quarterly pharmacy employer reports. Quarterly compliance visits. Must notify the board of any relapse, or any disciplinary action and arrests. 4 hours of community service a quarter. Signed board order from Pharmacy employer within 10 days. After a discussion with the full Board, a motion was made by Member Wall and seconded by Member Landis to approve, the motion carried 5-0-0. Name: Renate Lazzaretto Application Type: Pharmacy Technician Reason for personal appearances: Positive Response Notes: Had alcohol abuse problem in the past. Last arrest was eight years ago. Sober for 6 years. Grandkids are incentives to stay on track. Reinstated driver’s license a month ago. Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Wall and seconded by Member Cover to approve, the motion carried 5-0-0. Name: Kelsey Malone Application Type: Pharmacy Technician Reason for personal appearances: Positive Response Committee recommendation to full Board: Did not show. Table and reset. After a discussion with the full Board, a motion was made by Member Wall and seconded by Member Cover to approve, the motion carried 5-0-0. Name: Lashawne Bible Application Type: Pharmacy Technician Reason for personal appearances: Positive Response Committee recommendation to full Board: Table the application until she can come back with a driver’s license. After a discussion with the full Board, a motion was made by Member Wall and seconded by Member Cover to approve, the motion carried 5-0-0. Name: Ean Barnett Application Type: Pharmacy Technician Reason for personal appearances: Positive Response Committee recommendation to full Board: Probationary license running concurrent with criminal probation. After a discussion with the full Board, a motion was made by Member Wall and seconded by Member Cover to approve, the motion carried 5-0-0. Name: Evan Smith Application Type: Pharmacy Technician Reason for personal appearance: Positive Response Notes: Spring of 2011. Got arrested for possession twice. Fulfilled pre-trial diversion agreement for both. Quit smoking in the beginning of 2011. No charges pending. Currently works at Kroger. Committee recommendations to Full Board: Approve After a discussion with the full Board, a motion was made by Member Wall and seconded by Member Cover to approve, the motion carried 5-0-0. Name: Ellie Heffernan Application Type: Pharmacy Technician Reason for personal appearances: Positive Response

Notes: Recovering alcoholic. Sober since 2009. 4 arrests for alcohol, last being 2009. No current criminal charges pending. Driver’s license free and clear. Currently a team lead at Walgreens. Committee recommendation to full Board: Table After a discussion with the full Board, a motion was made by Member Wall and seconded by Member Cover to approve, the motion carried 5-0-0. Applications Individual Applications Name: John Zarse Application Type: Prescription Pad Provider Reason for Application Review: 3

rd Attempt

Committee recommendation to full Board: Table and give one more try After a discussion with the full Board, a motion was made by Member Fanning and seconded by Member Cover to approve, the motion carried 5-0-0. Name: Megan Sue Cady Application Type: Pharmacy Technician Reason for Application Review: Positive Response Committee recommendation to full Board: Personal Appearance After a discussion with the full Board, a motion was made by Member Fanning and seconded by Member Cover to approve, the motion carried 5-0-0. Name: Matthew Doolin Application Type: Pharmacist Intern Reason for Application Review: Positive Response Committee recommendation to full Board: Personal Appearance After a discussion with the full Board, a motion was made by Member Fanning and seconded by Member Cover to approve, the motion carried 5-0-0. Name: Alane Ward Application Type: Technician- In-Training Reason for Application Review: Positive Response Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Fanning and seconded by Member Cover to approve, the motion carried 5-0-0. Name: Asiah D. Emmons Application Type: Technician-In-Training Reason for Application Review: Positive Response Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Fanning and seconded by Member Cover to approve, the motion carried 5-0-0. Name: Matthew Harvey Application Type: Pharmacy Technician Reason for Application Review: Positive Response Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Fanning and seconded by Member Wall to approve, the motion carried 5-0-0. Name: Macey Wetzel Application Type: Technician-In-Training Reason for Application Review: Positive Response Committee recommendation to full Board: Personal Appearance

After a discussion with the full Board, a motion was made by Member Fanning and seconded by Member Wall to approve, the motion carried 5-0-0. Name: Ross Medical Education Center Application Type: Technician Program Reason for Application Review: Using Approved Curriculum Committee recommendation to full Board: Table. Needs training materials After a discussion with the full Board, a motion was made by Member Fanning and seconded by Member Wall to approve, the motion carried 5-0-0. Application Review- Facility No Facility Applications. Continuing Education Applications Applicant name: Ronald J. Jones CE title: Certified Anticoagulation Care Provider (CACP) Number of CE hours: 90 Committee recommendation to full Board: Deny After a discussion with the full Board, a motion was made by Member Wall and seconded by Member Cover to approve, the motion carried 5-0-0. Applicant name: Elayne Ansara CE title: HES Number of CE hours: 0.5 Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Wall and seconded by Member Cover to approve, the motion carried 5-0-0. Applicant name: Don Newman CE title: Update on Management of AFIB Number of CE hours: 1 Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Wall and seconded by Member Cover to approve, the motion carried 5-0-0. Applicant name: Don Newman CE title: Diagnostic Advances & Treatment Strategies for Alzheimer’s Disease Number of CE hours: 1 Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Wall and seconded by Member Cover to approve, the motion carried 5-0-0. Applicant name: Don Newman CE title: Adult Congenital Heart Disease Number of CE hours: 1 Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Wall and seconded by Member Cover to approve, the motion carried 5-0-0. Applicant name: Don Newman CE title: Prevention of Medical Errors Pt 1 Number of CE hours: 1 Committee recommendation to full Board: Approve

After a discussion with the full Board, a motion was made by Member Wall and seconded by Member Cover to approve, the motion carried 5-0-0. Applicant name: Don Newman CE title: Prevention of Medical Errors Pt 2 Number of CE hours: 1 Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Wall and seconded by Member Cover to approve, the motion carried 5-0-0. Applicant name: Shilpa Patel CE title: American College of Cardiology’s CV Masters- Heart Failure/CV Essentials Number of CE hours: 25 Committee recommendation to full Board: Approve for 19 After a discussion with the full Board, a motion was made by Member Wall and seconded by Member Cover to approve, the motion carried 5-0-0. Applicant name: Gregory Girt CE title: Clostridium Difficile Infection Number of CE hours: 0.5 Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Wall and seconded by Member Cover to approve, the motion carried 5-0-0. Applicant name: Lisa Boothby CE title: Accredited Chest Pain Center: Importance in Rural Health Number of CE hours: 1 Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Wall and seconded by Member Cover to approve, the motion carried 5-0-0. Applicant name: CIAP CE title: Updates on Adult Immunizations: Our Shot to Make an Impact Number of CE hours: 1.5 Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Wall and seconded by Member Cover to approve, the motion carried 5-0-0. Controlled Substance Registration Applications Entity name: Applicant: Leah Melissa Fleetwood- Request to Add C-II Medication to CSR Registration Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Anderson and seconded by Member Fanning to approve, the motion carried 5-0-0.

Entity name: Purdue University Applicant: Rodolfo Pinal Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Anderson and seconded by Member Fanning to approve, the motion carried 5-0-0. Entity name: Indiana University School of Medicine South Bend Applicant: Margaret A Schwarz

Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Anderson and seconded by Member Fanning to approve, the motion carried 5-0-0. Entity name: Purdue University Applicant: Kinam Park- CSR Reclassification Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Anderson and seconded by Member Fanning to approve, the motion carried 5-0-0. Entity name: Indiana University School of Medicine Applicant: Christie Orschell Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Anderson and seconded by Member Fanning to approve, the motion carried 5-0-0. Entity name: Indiana University School of Medicine Applicant: Sharon Moe Committee recommendation to full Board: Approve for C2 only After a discussion with the full Board, a motion was made by Member Anderson and seconded by Member Fanning to approve, the motion carried 5-0-0. Entity name: Interventional Pain Management LLC Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Anderson and seconded by Member Fanning to approve, the motion carried 5-0-0.

B. Compliance Committee (Conference Room 2) The Compliance Committee met at 9:30 a.m. in Conference Room 2 of the Indiana Government Center-South, 402 West Washington Street, Indianapolis, Indiana 46204. Board Members Present: Bill Cover Dell Fanning Winnie Landis Staff Officials Present: Deborah Frye Tim Thomas Zaneta Nunnally Amy Phillips Lorena Sipe Michael Shannon Facility Appearances Entity Name: Memorial Hospital, South Bend Representative: Mark Herriman Reason for Appearing: Remote Application Notes: Compounded nuclear medication dispensed by pyxis machine Committee recommendation to full Board: Approval pending inspection. After a discussion with the full Board, a motion was made by Member Cover and seconded by Member Fanning to Approve, the motion carried 6-0-0. David Waters R.Ph.– Suboxone Prescribing Discussion

Greenleaf Apothecary – Knox Box Key/Security Discussion Application Review Name: Harbor Compounding and Home Health Pharmacy Application Type: Non Resident Pharmacy Permit Reason for Application Review: Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Cover and seconded by Member Fanning to approve, the motion carried 5-0-0. Name: Budget Discount Sales Corp Application Type: Non Resident Pharmacy Permit Reason for Application Review: Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Cover and seconded by Member Fanning to approve, the motion carried 5-0-0. Name: Wal-Mart Pharmacy # 10-5767 Application Type: In-State Pharmacy Permit Application Reason for Application Review: Positive Response Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Cover and seconded by Member Fanning to approve, the motion carried 5-0-0. Name: Clark Professional Pharmacy Application Type: Non Resident Pharmacy Permit Reason for Application Review: Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Cover and seconded by Member Fanning to approve, the motion carried 5-0-0. Name: Florence Pharmacy Application Type: Non Resident Pharmacy Permit Reason for Application Review: Positive Response Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Cover and seconded by Member Fanning to approve, the motion carried 5-0-0. Name: Med Care Choice Pharmacy, Inc. Application Type: Non Resident Pharmacy Permit Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Cover and seconded by Member Fanning to approve, the motion carried 5-0-0. Name: Pharmacy Link, Inc. Application Type: Non Resident Pharmacy Permit Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Cover and seconded by Member Fanning to approve, the motion carried 5-0-0. Name: Care Rx Pharmacy Group LLC Application Type: Non Resident Pharmacy Permit Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Cover and seconded by Member Fanning to approve, the motion carried 5-0-0.

Name: Blenheim Pharmaceutical, Inc. Application Type: Wholesale Drug Distributor Reason for Application Review: Change of Ownership Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Cover and seconded by Member Fanning to approve, the motion carried 5-0-0. Name: Central Avenue Pharmacy Application Type: Non Resident Pharmacy Permit Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Cover and seconded by Member Fanning to approve, the motion carried 5-0-0. Name: Orchard Pharmaceutical Services Application Type: Non Resident Pharmacy Permit Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Cover and seconded by Member Fanning to approve, the motion carried 5-0-0. Name: Nudak Ventures Application Type: Home Medical Equipment Provider Reason for Application Review: Positive Response Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Cover and seconded by Member Fanning to approve, the motion carried 5-0-0. Name: Nudak Ventures Application Type: Non Resident Pharmacy Permit Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Cover and seconded by Member Fanning to approve, the motion carried 5-0-0. Name: Rx Crossroads Application Type: Renewal Reason for Application Review: Positive Response Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Cover and seconded by Member Fanning to approve, the motion carried 5-0-0. Name: Community Regional Cancer Care South Application Type: Renewal Reason for Application Review: Positive Response Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Cover and seconded by Member Fanning to approve, the motion carried 5-0-0. Name: ICORE Healthcare, LLC Application Type: Renewal Reason for Application Review: Positive Response Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Cover and seconded by Member Fanning to approve, the motion carried 5-0-0. Name: Medquest Pharmacy Application Type: Renewal Reason for Application Review: Positive Response

Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Cover and seconded by Member Fanning to approve, the motion carried 5-0-0. Name: UPS Supply Chain Solutions Application Type: Renewal Reason for Application Review: Positive Response Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Cover and seconded by Member Fanning to approve, the motion carried 5-0-0. Name: OptumRx Application Type: Renewal Reason for Application Review: Positive Response Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Cover and seconded by Member Fanning to approve, the motion carried 5-0-0. Name: Sunlake Pharmacy Application Type: Renewal Reason for Application Review: Positive Response Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Cover and seconded by Member Fanning to approve, the motion carried 5-0-0. Name: A to Z Pharmacy Application Type: Non Resident Reason for Application Review: Committee recommendation to full Board: Approve After a discussion with the full Board, a motion was made by Member Cover and seconded by Member Fanning to approve, the motion carried 5-0-0. COMPLIANCE REPORTS Compliance Director Report Compliance Director Frye’s delivered the compliance report orally to the Full Board. Compliance Officer Reports Report from Compliance Officer Tim Thomas:

Compliance Officer Thomas’s monthly report is incorporated into these minutes by reference.

Report from Compliance Officer Zaneta Nunally:

Compliance Officer Nunally’s monthly report is incorporated into these minutes by reference.

Report from Compliance Officer Amy Phillips:

Compliance Officer Phillips’s monthly report is incorporated into these minutes by reference.

Report from Compliance Officer Lorena Sipe:

Compliance Officer Sipe’s monthly report is incorporated into these minutes by reference.

Report from Compliance Officer Michael Shannon:

Compliance Officer Michael Shannon’s monthly report is incorporated into these minutes by reference.

Probation Appearances Review Probationary appearances were conducted by the Compliance Officers in Room W064 of the Indiana Government Center South starting at 7:30 a.m.

Compliance Officer Phillips conducted the following probationary appearances, and a motion was made by Member Cover and seconded by Member Fanning to approve the following probationary appearances:

Keith Junker Susan Northrup

Motion Carried 6-0-0.

Compliance Officer Nunnally conducted the following probationary appearances, and a motion was made by Member Cover and seconded by Member Fanning to approve the following appearances:

Ryan Henderickson Motion Carried 6-0-0.

Compliance Officer Thomas conducted the following probationary appearances, and a motion was made by Member Cover and seconded by Member Fanning to approve the following probationary appearances:

Jaroslav Balaz Cheryl Thompson


Compliance Officer Sipe conducted the following probationary appearances, and a motion was made by Member Cover and seconded by Member Fanning to approve the following probationary appearances:

Ryan Downey Mark Fritz Thomas Goodge Yomot McCloud Jason Miller


Compliance Director Frye conducted the following probationary appearances, and a motion was made by Member Cover and seconded by Member Fanning to approve the following probationary appearances:

Jordon Nuger Arthur Pasquinelli


VI. STANDING COMMITTEE DEBRIEFING/VOTE 11:00 a.m. (or following

Standing Committee Meetings) (Room W064)

VII. MISCELLANEOUS A. Board Director Report B. INSPECT Report

VIII. Old/New Business

A. Drug Quality and Security Act Discussion – Tabled B. Synthetic Drug Emergency Rule

A motion was made by Member Wall and seconded by Member Cover to approve. Motion carried 5-0-0.

C. SEA 246 Discussion – Tabled D. CE Discussion – Tabled E. Request for Exemption Letters

A motion was made by Member Cover and seconded by Member Fanning to approve. Motion carried 5-0-0.

IX. ADMINISTRATIVE HEARINGS

A. In the Matter of the Indiana Pharmacist License of Christopher D. King, R.Ph.

License No. 26015359A

Administrative Cause No. 2012 IBP 0058

Regarding Petition to Reinstate License

Parties Present Christopher King

Counsel Present Tim Weber, Attorney for the State, Office of the Attorney General

Participating Board Members

Steven Anderson, R.Ph., Vice President Winnie Landis, R.Ph., Member Donna S. Wall, PharmD., R.Ph., Member William J. Cover, R.Ph., Member Del T. Fanning, R.Ph., Member

Witnesses for the Petitioner

None

Witnesses for the State None

Case Summary License was suspendered due to drug diversion in 2012. Has been completed and complied with all the terms and conditions of his suspension.

Board Action A motion was made by Member Wall and seconded by Member Landis to reinstate Respondent’s license on indefinite probation for no less than three years. Prior to petitioning to withdraw the probation, respondent must complete his criminal probation, must maintain compliance with PRN, must submit quarterly employer reports, must submit a signed board order within 10 days of obtaining employment, must submit quarterly self reports, cannot act as a qualifying pharmacist, must submit copies of all prescriptions to the board, must report any relapses, arrests, or charges pending, and must make monthly compliance visits to the board for the first year of his probation, and quarterly visits thereafter.

Vote Motion Carried 5-0-0

B. In the Matter of the Pharmacy Technician-In-Training Permit of Chasity Meyer, P.T.I-T.



Regarding Petition to Withdraw Probation

Parties Present Respondent failed to appear

Counsel Present Tim Weber, Attorney for the Statel - Office of the Attorney General




None


Case Summary Respondent did not appear.

Board Action A motion was made by Member Wall and seconded by Member Cover to reset one time.


C. In the Matter of the Indiana Pharmacist License of Tara Feldhaus, R.Ph.



Regarding Petition to Reinstate License

Parties Present Tara Feldhaus, Respondent

Counsel Present Tim Weber, Attorney for the State- Office of the Attorney General




None


Case Summary License was placed on indefinite suspension in 2012 due to filling controlled substance prescriptions without a hard copy of the prescription. Had completed and complied with all terms and conditions of her suspension.

Board Action A motion was made by Member Cover and seconded by Member Wall to place respondent’s license on indefinite probation for no less than three years.


D. In the Matter of the Pharmacy Intern Registration of Lee Barker, R.Ph.




Parties Present Lee Barker

Counsel Present Tim Weber, Attorney for the State- Office of the Attorney General


Steven Anderson, R.Ph., Vice President Winnie Landis, R.Ph., Member Donna S. Wall, PharmD., R.Ph., Member William J. Cover, R.Ph., Member

Del T. Fanning, R.Ph., Member


None


Case Summary OWI in February 2013. Registration placed on indefinite probation in June 2013.

Board Action A motion was made by Member Landis and seconded by Member Fanning to withdraw the probation on respondent’s pharmacy intern registration.


E. In the Matter of the Indiana Pharmacy Technician Certification of Kennisha Brandon,

C.Ph.T.




Parties Present Kennisha Brandon

Counsel Present Tim Weber, Attorney For the State, Office of the Attorney General




None


Case Summary Placed on probation in 2012. Completed criminal probation in August 2013.

Board Action A motion was made by Member Cover and seconded by Member Landis to withdraw the probation on Respondent’s pharmacy technician certification.


F. In the Matter of the Pharmacy Technician-In-Training Permit of Ryan Downey, P.T.I-T.




Parties Present Ryan Downey

Counsel Present Tim Weber, Attorney for the State, Office of the Attorney General




None


Case Summary Was convicted of reckless driving and placed on probation until criminal probation ended.

Board Action A motion was made by Member Wall and seconded by Member Landis to withdraw the probation on Respondent’s certification


G. In the Matter of the Indiana Non-Resident Pharmacy Permit of Excelle Rx PA D/B/A Hospice Pharmacia

License No. 64000693A, 64000385A, & 64000985A


Regarding Final Disciplinary Hearing

Parties Present Katherine Woods

Counsel Present Darren R. Covington, Deputy Attorney General - Office of the Attorney General




None


Case Summary Failed to disclose DEA Settlement on renewal application. Disciplinary action was taken due to disciplinary action in 2006.

Board Action A motion was made by Member Fanning and seconded by Member Wall to issue a letter of reprimand and a $750.00 fine.


H. In the Matter of the Pharmacy Technician-In-Training Permit Application of Brittany Taylor

License No. Pending


Regarding Petition of Review of Board’s Denial of Petitioner’s Application

Parties Present Respondent appeared in person





None


Case Summary Application for pharmacy technician-in-training permit was initially denied due to Respondent not having a valid driver’s license. Respondent presented evidence to show that she does now hold a valid driver’s license.

Board Action A motion was made by Member Cover and seconded by Member Wall to approve Respondent’s Pharmacy technician in training permit application.


I. In the Matter of the Pharmacy Technician-In-Training Permit Application of Ruby Jean Davis

License No. Pending


Regarding Petition of Board’s Denial of Petitioner’s Application

Parties Present Ruby Davis





None


Case Summary Respondent petitioned the board’s denial of her pharmacy technician application. She was charged with possession of cocaine in 1993.

Board Action A motion was made by Member Anderson and seconded by Member Fanning to deny petitioner’s application due to being restricted by statute.


J. In the Matter of the Wholesale Drug Distributor License of Medisca, Inc.




Parties Present





None


Case Summary AG requested a continuance in this matter

Board Action A motion was made by Member Fanning and seconded by Member Cover to grant the continuance.


K. In the Matter of the Indiana Pharmacy Technician Certification of Deborah June Drake,

C.Ph.T.




Parties Present

Counsel Present Darren R. Covington, Deputy Attorney General - Office of the Attorney

General




None


Case Summary AG requested a continuance in this matter.



L. In the Matter of the Indiana Pharmacy Permit of Custom Med Apothecary, LLC.




Parties Present





None


Case Summary AG requested a continuance in this matter.



M. In the Matter of the Indiana Pharmacy Permit of Hoosiers Prescription Shop




Parties Present Ashok Patel, Owner

Counsel Present Scott Kerouac, Counsel for Respondent Darren R. Covington, Deputy Attorney General - Office of the Attorney General


Steven Anderson, R.Ph., Vice President Winnie Landis, R.Ph., Member William J. Cover, R.Ph., Member Del T. Fanning, R.Ph., Member

Witnesses for the Anthony Eti-ukw—Pharmacist

Petitioner James Freudenburg—Pharmacist Stephen Ernst—Pharmacist

Witnesses for the State Joseph Tomkiewicz—Amerisource Bergan—Diversion Control Manager Madeline Kuzma—DEA—Diversion Investigator Zanetta Nunnally—Compliance Officer—Indiana Board of Pharmacy Bruce Clayton—Faculty Member—Butler University—Expert Witness

Case Summary Respondent filed prescriptions for out of state residences for controlled substances without realizing that the prescriptions he was filling were fraudulent prescriptions.

Board Action A motion was made by Member Landis and seconded by Member Cover to issue a $1000 fine and a Letter of Reprimand.


N. In the Matter of the Indiana Pharmacist License of Ashok Patel, R.Ph.




Parties Present Ashok Patel

Counsel Present Scott Kerouac ,Counsel for Respondent Darren R. Covington, Deputy Attorney General - Office of the Attorney General


Steven Anderson, R.Ph., Vice President Winnie Landis, R.Ph., Member William J. Cover, R.Ph., Member Del T. Fanning, R.Ph., Member


Anthony Eti-ukw—Pharmacist James Freudenburg—Pharmacist Stephen Ernst—Pharmacist

Witnesses for the State Joseph Tomkiewicz—Amerisource Bergan—Diversion Control Manager Madeline Kuzma—DEA—Diversion Investigator Zanetta Nunnally—Compliance Officer—Indiana Board of Pharmacy Bruce Clayton—Faculty Member—Butler University—Expert Witness

Case Summary Respondent filed prescriptions for out of state residences for controlled substances without realizing that the prescriptions he was filling were fraudulent prescriptions.

Board Action A motion was made by Member Cover and seconded by Member Fanning to issue a $250 fine per patient that Mr. Patel had an MRI report for, for a total fine of $8750, a Letter of Reprimand, and costs to both agencies.


O. In the Matter of the Indiana Pharmacist License of Jason Bagley, R.Ph.



Regarding Settlement Agreement (Final Disciplinary Hearing)

Parties Present



Steven Anderson, R.Ph., Vice President Winnie Landis, R.Ph., Member

Donna S. Wall, PharmD., R.Ph., Member William J. Cover, R.Ph., Member Del T. Fanning, R.Ph., Member



Case Summary Settlement agreement filed.

Board Action A motion was made by Member Wall and seconded by Member Fanning to accept the settlement agreement.


P. In the Matter of the Pharmacy Technician Certification of Dennis Flemming, C.Ph.T.




Parties Present Respondent did not appear in person or by council.





None


Case Summary AG requested a Notice of Proposed Default

Board Action A motion was made by Member Fanning and seconded by Member Wall to issue a notice of proposed default in this matter.


Q. In the Matter of the Indiana Pharmacist License of Richard J. Miller, R.Ph.




Parties Present Respondent did not appear in person or by council





None


Case Summary AG requested a Notice of Proposed Default

Board Action A motion was made by Member Wall and seconded by Member Landis to

issue a notice of proposed default in this matter.


R. In the Matter of the Pharmacy Technician Certification of Evan Wagner, C.Ph.T.



Regarding Notice of Proposed Default






None


Case Summary Diverted controlled substances.

Board Action A motion was made by Member Wall and seconded by Member Cover to hold respondent in default. A motion was made by Member Wall and seconded by Member Cover to revoke respondent’s pharmacy technician certification


S. In the Matter of the Pharmacy Technician Certification of Kathryn Louise Barrett, C.Ph.T.



Regarding Petition for Summary Suspension






None


Case Summary Respondent diverted hydrocodone and oxycodone.

Board Action A motion was made by Member Wall and seconded by Member Cover to summarily suspend respondent’s pharmacy technician certification.


VII. FINAL NOTES PRIOR TO ADJOURNMENT

VII. ADJOURNMENT President St. Angelo adjourned the meeting at approximately 9:20 p.m. _____________________________________ __________________ Sara St. Angelo, PharmD., R.Ph., President Date Indiana Board of Pharmacy

Next Scheduled Meeting:

Regularly scheduled meeting: January 13, 2014, Room W064 Indiana Government Center South

INDIANA BOARD OF PHARMACY - IN.gov · 12/9/2013 · INDIANA BOARD OF PHARMACY Indiana Professional...

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