Saturday, September 21, 2013

South Carolina Board of Pharmacy Order Dated August 15, 2013 Denying Non-Resident Pharmacy Permit to Physician Specialty Compounding by Sunlake


SOUTH CAROLINA DEPARTMENT OF LABOR, LICENSING AND REGULATION

BEFORE THE STATE BOARD OF PHARMACY

In the Matter of:

Physician Specialty Compounding by

ORDER
Sunlake,
Applicant.
This matter came before the State Board of Pharmacy ("Board") for hearing on June  19,
2013  as  a result  of the  non-resident pharmacy permit application ("Application")  of Physician
Specialty  Compounding  by  Sunlake  ("Applicant").  Applicant  was  duly  noticed  to  appear
because  all  applicants  of this  type  must  appear  before  the  Board  or  Nonresident  Pharmacy
Committee; this Applicant was approved to come before the full Board in lieu of waiting for the
next available committee meeting.  Ingrid Bendeck, Pharmacist-in-Charge, appeared on behalf of
the Applicant.  Applications of this type are governed by S.C. Code Ann.  §§40-43-83, 40.,43-86,
40-43-89 (1976, as amended), and South Carolina Code ofRegulations, Reg. 99-43, as amended.
FINDINGS OF FACT
1. Applicant is located in Lutz, Florida.
2. Applicant submitted an application for a nonresident pharmacy permit, which application
was received on June 4, 2013 ("Application").
3. Applicant's  proposed  pharmacist-in-charge  is  Ingrid  Bendeck  ("PIC").  The  PIC, is
licensed in Florida with license number 44687.
4. Applicant  has  been  compounding  since  December  2007.  Applicant  also  has  a  retail
pharmacy business.  Applicant is interested in sending medications into South Carolina.
5. Applicant does  business  in Georgia, New York,  New Jersey,  and Alabama. Applicant
has sales people lined up for South Carolina.

6. Applicant has not shipped any products into South Carolina.
1 7. The Florida inspection report states that the inspector was unable to locate the quality and
-control policies  and  procedures,  as  well  as  the  policies  and  procedures  for  controlled
compounding.  The report also noted that there were expired medications on the shelf.
8. Applicant did not submit policies and procedures with the Application.
9. Applicant submitted the  beyond use dates in her Application materials  as the expiration
date ofthe active pharmaceutical ingredient.
10. Applicant complies with a technician ratio of 3: 1.
11. Applicant mostly compounds creams and ointments.
12. Applicant has  not studied the standard operating procedures but does read the standard
operating procedures for the compounds prepared at the pharmacy.
CONCLUSIONS OF LAW
In  an  application  hearing,  "(t)he  applicant shall  demonstrate  to  the  satisfaction  of the
board that the applicant meets all requirements for the issuance of a license." S.C. Code Ann.  §
40-1-130  (1976,  as  amended).  Thus,  the  burden  of proof in  an  application  for  licensure  or
certification is on the Applicant to provide full, complete, and accurate responses to all questions
on the application and to demonstrate that he or she is qualified for the license sought.
After careful  consideration, the Board determined that approval of the permit should be
denied based on testimony.  Under the Pharmacy Practice Act, specifically in S.C. Code Ann.  §
40-43-83(H),  it  states  "The  Board  of Pharmacy  may  deny  or refuse  to  renew  a  permit  if it
determines that the granting or renewing of such permit would not be in the public interest.  Ifan
application  is  refused,  the  board shall  notify  the  applicant  in  writing  of its  decision  and  the
reasons for its decision."  Here, the Board finds that it would not be in the public interest because
the Board does not believe Applicant has met the standards of pharmacy practice as required by
South Carolina law.  It is  very  concerning to the Board that the  quality and control procedures
were  not  available  onsite for  the  Florida Board's  inspection.  Additionally,  the  Board  cannot
verify the procedures policies and procedures because they were not provided in the Application.
It is  also  concerning  that  the  beyond  use  date  is  being  calculated solely  based  on the  active
pharmaceutical  ingredient'S  beyond  use  date;  this  date  should  be  calculated  based  on  all  the
ingredients involved in the compound.  Per United States Pharmacopeia 795 standards,  beyond
use date should be calculated based on drug-specific and general stability documentation, as well
2 as the nature of the drug, its degradation mechanism, the  container in which it  is packaged, the
expected storage conditions, and the intended duration of the therapy when assigning a beyond­
use date.
Based on all of the evidence and testimony as laid out in this Order, including the above­
mentioned concerning factors, Applicant's Application is denied.
THEREFORE, IT IS ORDERED that Applicant's Application is DENIED.
AND IT IS SO ORDERED.
SOUTH CAROLINA DEPARTMENT OF
LABOR, LICENSING &  REGULATION
STATE BOARD OF PHARMACY
DDISON LIVINGSTON, R.PH. Pharm.D
airman of the Board
August 15,2013.

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