MINUTES
OKLAHOMA STATE BOARD OF PHARMACY
4545 N Lincoln Boulevard, Suite 112
Oklahoma City, OK 73105-3488
March 7, 2013
Call to order:
President Gourley called the March 7, 2013 meeting of the Oklahoma State Board of
Pharmacy (OSBP) to order at 8:05 a.m. with a roll call vote. All members were present.
Those present were:
Board Members: Dorothy Gourley, President
John Lassiter, Vice-President
Greg Adams, Member
Gordon Richards, Member
Jim Spoon, Member
Stephen Dudley, Member
Board of Pharmacy: John A. Foust, Executive Director
Gary LaRue, Compliance Officer
Cindy Hamilton, Compliance Officer
Betty Beil, Compliance Officer
Chelsea Church, Compliance Officer
Melissa Reichert, Compliance Officer
Rhonda Jenkins, Executive Secretary
Brinda White, Assistant Attorney General
Guests: Derek Dennis, Walgreens
Mike Schaeffer, Walgreens
Kayla Heffington, Walgreens
Ryan Walker, Walgreens
Terry Cothran, OU College of Pharmacy
Edna Patatanian, SWOSU College of Pharmacy
Terry Harrell, St. Anthony Hospital
Margy Annes, FDA
Torry Slayton, FDA
Larry Carter, OBN
Ashley Hartsell, Intern
Corey Creider, Intern
Jessi Aesoph, Intern
Kristen Taylor, Intern
Erica Debo, Intern
Nicholas Ponce, Intern
Mary Ngunyu, Intern
Christine Castro, Intern
Chad McDaniel, Intern
Bryan Abraham, Intern
Approval of minutes and claims:
Motion was made by Dr. John Lassiter and seconded by Stephen Dudley to approve the
January 16, 2013 minutes. Motion passed on roll call vote. Page 2 of 5
Motion was made by Dr. John Lassiter and seconded by Stephen Dudley to approve claims
#4117, #4120-#4181, #H0246748-#H0246752, #H0249671-#H0249675, the January and February
payroll, accrued expenses and January 2013 leave reports of the Executive Director. Motion passed
on roll call vote.
Cancellation of Pharmacists, Pharmacies, Facilities and Technicians:
After a review of the cancellation lists presented, a motion was made by Dr. Jim Spoon and
seconded by Stephen Dudley to cancel the licenses of those that did not renew within the renewal
time period. Motion passed on roll call vote.
Executive Director gives Agency report:
Building report:
The Director reported that the roof is complete with the exception of final vent flashing.
The wall insulation will be installed this week. The HVAC units have been hung and the
ductwork installation is ongoing. The Director is working on the OG&E High Efficiency JVAC
rebate. The sprinkler system installation is nearly complete. The exterior masonry should
begin immediately. The sign and artwork are ordered and will be installed at the same time.
He stated that he was able to resolve the misunderstanding with the engineering testing
company in an equitable manner. He also resolved the storefront architectural situation in an
equitable manner. The Board has received the cost projection for installation of the data/coax
cable. It is quoted at about $19,000, over $200 per drop. The digital telephones are ordered.
The cost for the phones is about $7,000. The tenant will be ordering their own. The appliances
have been selected for millwork dimensions. The parking lot concrete should begin soon.
There were some surplus restroom lavatory fixtures that we are planning to utilize for cost
savings. We are waiting on final cost of chair rail for the entry hall and board room. We have
ordered the Board room tables and 2 additional desks for use in the new building. Other
furnishing purchases will be held until we have moved in. The projected finish date is around
May 27th. The Open House is projected for the first week of June and we should move the
second week of June. The first Board meeting should be able to be held the third week of
June. The building is right at budget maybe even a shade under.
Intern law exam:
The Director reported that he had administered the intern law exam to the incoming
students as Southwestern. The average score on the exam was mid-80’s.
Rule changes:
These rule changes are scheduled to be heard in the legislature:
1. Add “practitioner” to emergency kit rules.
2. Remove exempt information about butalbital/acetaminophen combinations.
3. Add medical gas supplier/distributor to emergency language.
4. Clarify the ability of a pharmacy to fax prescription transfer information to another
pharmacy but this will still require that the receiving pharmacy telephone the sending
pharmacy to confirm receipt of the information and get the pharmacist’s identification
information.
FDA meeting:
The Director met with FDA in February. He was asked to be commissioned as a FDA
officer as the compliance officers are so that he can be the point person for interagency
information.
Lincoln Plaza:
The Director informed the Board that the Lincoln Plaza office building was continuing
with the bankruptcy proceedings. We have been told that Shephard Mall is also in bankruptcy.
The Health Care Authority is remodeling the old Lincoln Plaza Hotel to use for their office Page 3 of 5
space.
New Board member:
A new Board member to replace Dr. Gordon Richards, Jr. is awaiting appointment by
the Governor. The new Board member will take the position after June 30, 2013.
Upcoming Meetings:
The Director stated that there are several meetings on the calendar. NCPA is in early
May in Washington DC, NABP is in late May in St. Louis, MO, ASHP is in early June in
Minneapolis, MN, NABP District 6-7-8 is in Boulder, CO in September and MALTAGON in
Ashville, NC in September. He reminded the Board to be sure to make reservations for the
meetings they plan to attend.
OSBP vs. Brandi McKnight, Technician #16429 – Case 1149:
The Board was called to order by President Gourley to hear the case of Brandi McKnight. Ms.
McKnight was not present. Registration Secretary, Rhonda Jenkins testified that she had been
properly notified. Compliance Officer, Betty Beil and Ben Nguyen, Assistant Administrator for
Harvard Family Physicians Pharmacy testified for the Board. Assistant Attorney General, Brinda
White prosecuted for the Board.
Ms. White presented the Board with the Complaint for review. Ms. McKnight had been
terminated from Harvard Family Physicians Pharmacy for theft of money.
Motion was made by Dr. Jim Spoon and seconded by Dr. Gordon Richards that based on the
clear and convincing evidence presented, Ms. McKnight be found guilty as charged on all three
counts. Motion passed on roll call vote.
Motion was made by Dr. Jim Spoon and seconded by Dr. Gordon Richards that the technician
permit of Brandi McKnight be revoked. Motion passed on roll call vote.
OSBP vs. Ginger Kupsick, Technician #15431 – Case 1141:
The Board was called to order by President Gourley to hear the case of Ginger Kupsick. Ms.
Kupsick was not present. Registration Secretary, Rhonda Jenkins testified that she had been
properly notified. Compliance Officer, Betty Beil and Jory Withers, Walgreens Loss Protection
testified for the Board. Assistant Attorney General, Brinda White prosecuted for the Board.
Ms. White presented the Board with the Complaint for review. Ms. Kupsick admitted to taking
drugs from the pharmacy and selling them. Ms. Kupsick was terminated from Walgreens for theft of
control substance (CDS).
Motion was made by Dr. Gordon Richards and seconded by Stephen Dudley that based on the
clear and convincing evidence presented, Ms Kupsick be found guilty as charged on all five counts.
Motion passed on roll call vote.
Motion was made by Dr. Gordon Richards and seconded by Dr. Jim Spoon that the technician
permit of Ginger Kupsick be revoked. Motion passed on roll call vote.
OSBP vs. Sarah DeBron, Technician #14643 – Case 1158:
The Board was called to order by President Gourley to hear the case of Sarah DeBron. Ms.
DeBron was not present but it was determined that she had been properly notified.
Assistant Attorney General, Brinda White presented the Board with the Complaint for review.
Ms. DeBron had been arrested for failing to complete a DUI field test. A variety of pills were found in
the respondents’ purse at the time of booking. Ms. DeBron was suspended from Homeland for
suspected theft and diversion of CDS. It was discovered that on her original technician application,
Ms. DeBron had answered “No” to the question whether she had any arrests, charges or convictions.
She had had a prior instance with the courts in 2001. Her permit was issued in 2010.
Ms. White then presented the Board with an Agreed Order that had been signed by Ms.
DeBron. By signing the Agreed Order, Ms. DeBron neither admits nor denies guilt on all four counts
but accepts revocation of her technician permit.
Motion was made by Stephen Dudley and seconded by Dr. Greg Adams to accept the Agreed
Order. Motion passed on roll call vote.Page 4 of 5
OSBP vs. Greta Merdanian, Technician #11073 – Case 1159:
The Board was called to order by President Gourley to hear the case of Greta Merdanian. Ms.
Merdanian was not present but it was determined that she had been properly notified.
Assistant Attorney General, Brinda White presented the Board with the Complaint for review.
Ms. Merdanian admitted verbally and in a written statement to diverting Hydrocodone and
Phentermine. She stated that she had a valid prescription for the Phentermine but that sometimes
she didn’t have the money to buy it. She also stated that she traded or sold the Hydrocodone. Ms.
Merdanian was terminated from Wal-Mart Pharmacy #10-0210 for theft and diversion of CDS.
Ms. White then presented the Board with an Agreed Order that had been signed by Ms.
Merdanian. By signing the Agreed Order, Ms. Merdanian admits to guilt on all four counts and
accepts revocation of her technician permit.
Motion was made by Dr. Gordon Richards and seconded by Stephen Dudley to accept the
Agreed Order. Motion passed on roll call vote.
Board interviews Reciprocity applicants:
The Board was called to order to interview 7 Reciprocity applicants. All applicants had taken
and passed the Oklahoma Multi-State Jurisprudence Exam.
Earl Campo ................. LA James Stanley ....... IL
Hilary Gremminger ...... KS Veneta P. Tsonev .. IL
Veena Kumar .............. KS Wayne Vogel .......... KS
Deborah McNutt .......... MI
OSBP vs. Natalie Houck, D.Ph. #13387 – Case 1154:
The Board was called to order by President Gourley to hear the case of Natalie Houck. Ms.
Houck was present but chose to appear without Counsel. Assistant Attorney General, Brinda White
presented the Board with the Complaint for review. Ms. Houck was the pharmacist-in-charge (PIC) of
Carnegie Tri-County Municipal Drug Room. During a routine inspection it was determined that there
was a deficiency in the documentation of the required number of consultant pharmacist visits and
other deficiencies in documentation.
Ms. White then presented the Board with an Agreed Order. If the Board accepts the Agreed
Order, Ms. Houck would agree to the following; Ms. Houck would agree to guilt on Count II; she
neither admits nor denies guilt on Counts I & III; Counts IV, V & VI are dismissed. Ms. Houck’s
license would be placed on probation for five years until January 16, 2018. While on probation, Ms.
Houck may not be employed as a PIC. Ms. Houck agrees to pay a fine of $3,000.00 per count for a
total of $9,000.00 which is due on March 7, 2013. Ms. Houck would also agree to attend a one-day
(8 hour) law seminar in addition to the required 15 hours of CE during the calendar years of 2013 and
2014 for a total of 23 hours. All 15 hours of required CE must be live during her probation period.
Motion was made by Dr. John Lassiter and seconded by Dr. Greg Adams to accept the Agreed
Order. Motion passed on roll call vote.
OSBP vs. Target Pharmacy T-2061, #1-5040 – Case 1155:
The Board was called to order by President Gourley to hear the case of Target Pharmacy.
Representatives for Target that were present were Attorney Robert McCampbell and Target District
Supervisor, Katie Dill.
Assistant Attorney General, Brinda White presented the Board with the Complaint for review.
The Board had received a DEA 106 form showing that over 6500 dosage units of various controlled
substances were pilfered by an employee. Ms. Dills stated that the thief was an assistant store
manager who did not work in the pharmacy. The assistant manager was able to obtain a key to the
pharmacy from the store safe. Target pharmacy had failed to assure that only a pharmacist is
responsible for control and distribution of all drugs and that only the pharmacist shall be permitted to
unlock the pharmacy area or any additional storage areas for dangerous drugs.
Ms. White then presented the Board with an Agreed Order. If the Board accepts the Agreed
Order, Target Pharmacy would agree to the following: The pharmacy would admit to guilt on Count V Page 5 of 5
with Counts I, II, III & IV being dismissed. They would implement a monthly unit count plan of highly
diverted CDS. They would agree to conduct training to pharmacist on Key Control importance. The
pharmacy would agree to pay a fine of $3,000.00 on Count Five which is due on March 7, 2013.
Motion was made by Stephen Dudley and seconded by Dr. Greg Adams to accept the Agreed
Order. Motion passed on roll call vote.
OSBP vs. Reliable Pharmacy, #1-3893 – Case 1156:
The Board was called to order to hear the case of Reliable Pharmacy. Attorney Pat Podolec,
representative for Reliable Pharmacy was present to request that the Board continue the case for 2
months so that the pharmacy would be able to complete the necessary documentation that had been
requested.
Motion was made by Dr. Gordon Richards and seconded by Dr. Jim Spoon to grant the
continuance until the May meeting. Motion passed on roll call vote.
OSBP vs. Oklahoma Respiratory Care, #7-D-1323 and Oklahoma Respiratory Care, #7-D-420 –
Case 1157 – Requesting trans-filling privileges:
The Board was called to order by President Gourley to hear the case of Oklahoma Respiratory
Care, #7-D-1323 and #7-D-420. Kevin Barnes was present as the owner and as the representative
for both facilities.
In a previous Board Order, Oklahoma Respiratory Care, #7-D-1323 and #7-D-420 had their
ability to trans-fill oxygen suspended until staff members had satisfactorily completed education on
the trans-filling of oxygen. Mr. Barnes’ request was to ask that their trans-filling suspension be placed
on probation and that they regain their ability to trans-fill oxygen. The request was based upon the
training documentation provided to the Director prior to the Board meeting.
Motion was made by Dr. John Lassiter and seconded by Stephen Dudley the allow Oklahoma
Respiratory Care #7-D-1323 and #7-D-420 to initiate trans-filling of oxygen. Motion passed on roll
call vote.
Susan Geurin of Healing Hands Health Care Services appears before the Board to request
approval of a pilot program:
The Board was called to order to hear the request of Susan Geurin. Ms. Geurin was present
along with Dr. Samant and David Hall, D.Ph. Ms. Geurin stated that they are requesting a pilot
program similar to North Rock Community Pharmacy. She stated that they have many patients who
have no permanent address or are living in unsecure mail areas making it difficult for them to receive
their medication. They are asking that once the medication is filled, the pharmacy be able to send it
to the clinic for the patient to pick up there. There would be no CDS medications.
Motion was made by Dr. Jim Spoon and seconded by Dr. John Lassiter to grant the pilot
program for 1 year based on the same program that was approved for North Rock Community
Pharmacy. They are to report back to the Board after 1 year. Motion passed on roll call vote.
President Gourley adjourned the Board meeting:
Motion was made by Stephen Dudley and seconded by Dr. Greg Adams to adjourn the
meeting. Motion passed on roll call vote. President Gourley adjourned the meeting at 11:10 a.m
No comments:
Post a Comment