Minnesota Board of Pharmacy
EIGHT HUNDRED AND TWENTY SIXTH MEETING
At approximately 9:00 a.m., on March 13, 2013, the Minnesota Board of
Pharmacy met in Conference Room A, at the University Park Plaza Building, 2829
University Avenue Southeast, Minneapolis, Minnesota, for the purpose of conducting a
general business meeting. All members of the Board were in attendance. Also in
attendance were the Board’s Executive Director, Dr. Cody Wiberg, Board’s Legal
Counsel, Mr. Bryan Huffman, and Board of Pharmacy staff, Ms. Candice Fleming, Mr.
Steven Huff, Mr. Timothy Litsey, Ms. Barbara Carter, and Ms. Patricia Eggers. The
Board’s President, Ms. Laura Schwartzwald, called the meeting to order.
The Board immediately went into a closed session to discuss disciplinary actions
and staff evaluations.
Upon returning to open session, Ms. Schwartzwald introduced the Board
Members who were recently appointed by Governor Mark Dayton, Mr. Rabih Nahas and
Mr. Justin Barnes. The Board and is staff welcomed them to the Board.
The Board next discussed the minutes of the January 13, 2013 retreat and the
January 30, 2013 business meeting. Mr. Bob Goetz moved and Mr. Stuart Williams
seconded that the minutes be approved as amended. The motion passed.
Mr. Stuart Williams moved and Mr. Justin Barnes seconded to approve the
Consent Agenda. The motions passed.
The Consent Agenda for this meeting was as follows:
Variance Committee Report – Approve
Continuing Education Advisory Task Force – Approve
Mr. Stuart Williams moved and Mr. Rabih Nahas seconded to approve the
agenda with an amendment to include a discussion of publicizing certain disciplinary
orders. The motion passed.
At this time Ms. Laura Schwartzwald recused herself from the meeting
because she has an ownership interest in Guidepoint Pharmacies. As Vice President,
Mr. Stuart Williams began presiding over the meeting.
The first variance request discussed was from Guidepoint Pharmacy. Ms.
Candice Fleming presented the information on the tele-pharmacy in Longville. Present
at the meeting were Ms. Ashley Jensen, Pharmacist-in-charge at Guidepoint Pharmacy
in Nisswa and Longville Tele-Pharmacy; Mr. Jim Jensen, Marketing and Advertising for
Guidepoint in the Brainerd area; Mr. Jocko Kline, Mayor of Longville; and Mr. Dave
Johnson, Director and Pharmacist-in-charge at Cuyuna Regional Medical Center. After MINNESOTA BOARD OF PHARMACY – 827th Meeting, March 13, 2013
much discussion, Ms. Karen Bergrud moved and Ms. Kay Hanson seconded that the
Board approve the variance for one year on condition that Guidepoint submit a report
concerning prescription volume upon reapplying for the variance. The motion passed
Ms. Laura Schwartzwald returned to, and resumed presiding over, the meeting.
The Board next addressed an amended variance request from AlixaRx for the
use of an Automated Drug Distribution System in a long term care facility. Mr. Barry
Fuchs, General Manager of AlixaRx in Eden Prairie was present at the meeting. Ms.
Candice Fleming provided the Board with information about the request. After much
discussion, Mr. Stuart Williams moved and Ms. Karen Bergrud seconded, that the Board
approve the amended policies and procedures for AlixaRx Automated Drug Distribution
System Variance Number 263885-002. The motion passed unanimously.
The third variance request to come before the Board was from Summit Academy
Pharmacy Technician Program. Dr. Cody Wiberg informed the Board that Summit
requested the completion of their program be allowed to count toward technician
training requirements for a group of students that were enrolled in the program prior to
January 1, 2013. Mr. Bob Goetz moved and Mr. Stuart Williams seconded that the
variance request be approved but that Dr. Wiberg provide feedback to Summit
Academy about adding additional content to their program. The motion passed
Dr. Wiberg next provided the Board with information about a technician training
program offered by Passed Assured. Mr. Steven Huff provided additional information
about the program and explained to the Board that it is basically a review to enable
technicians to pass the Pharmacy Technician Certification Board examination. Mr Huff
and Dr. Wiberg suggested that the program not be approved. Ms. Kay Hanson moved
and Mr. Bob Goetz seconded that the program be denied and that Passed Assured be
made aware of why the program was denied. The motion passed unanimously.
Dr. Wiberg next gave an update on legislative issues. Dr. Wiberg discussed a
number of bills that affect the Board. The first bill was HF 195, a bill concerning the use
of protocols by dietitians and nutritionists. The Board had previously voted to support
the language contained in that bill, so no additional action was required.
The second bill was HF 662, which contained a provision from the Minnesota
Department of Health regarding field-delivered therapy in the treatment of a
communicable disease. Dr. Wiberg recommended that the Board remain neutral on the
bill and the Board concurred.
The third bill was HF 889, a Board bill that adds seven additional designer drugs
to Schedule I. No further action was required. MINNESOTA BOARD OF PHARMACY – 827th Meeting, March 13, 2013
The fourth bill was HF 1002, regarding criminal background checks for
individuals regulated by the health-licensing boards. The Board had previously voted
to support the language contained in that bill, so no additional action was required.
The fifth bill was SF 1181, regarding a requirement for employers of licensed
professionals to report any individual who divert drugs to the appropriate licensing
board. The Board had previously voted to support the language contained in that bill, so
no additional action was required.
The sixth bill was HF 688, regarding the storage and use of epinephrine autoinjectors in schools. Dr. Wiberg recommended that the Board remain neutral on the bill
and the Board concurred.
The seventh bill was 1136, which the Board's policy bill. Dr. Wiberg explained
that all language was removed from of the bill by the bill's author, except for the
compounding provisions. Consensus of the Board was for Dr. Wiberg to try to get this
remaining language passed.
The final bill was SF 1077, a bill from the Department of Human Services
concerning methadone treatment facilities. Dr. Wiberg explained that a provision in the
bill will require the Board to work with DHS to develop a process through which DHS
staff could access PMP data. The consensus of the Board was to support this bill.
Dr. Wiberg next presented information to the Board concerning the current
approval process for CE programs. Mr. Bob Goetz moved and Ms. Kay Hanson
seconded that Dr. Wiberg’s delegation of authority be amended to include the task of
reviewing submitted CE programs and making recommendations to the Board regarding
approval or disapproval of continuing education programs and providers. The motion
Ms. Barbara Carter then gave the Board an update on the Prescription
Monitoring Program. No action was necessary.
Dr. Wiberg next presented the Board with a proposal for the publication of certain
disciplinary actions. Mr. Justin Barnes moved and Mr. Bob Goetz seconded that the
Board authorize Dr. Wiberg to issue a press release concerning a recently adopted
disciplinary order and that this issue be brought before the Board at a future meeting to
discuss standards for doing this on an ongoing basis. The motion passed unanimously.
Dr. Wiberg next presented the Board with information concerning an upcoming
meeting sponsored by the Citizens Advocacy Center. Mr. Bob Goetz moved and Mr.
Justin Barnes seconded that the Board authorize the expenditure of funds for the two
public members to attend this meeting. The motion passed unanimously.
Dr. Wiberg next presented the Board with information concerning the NABP
Annual Meeting. Mr. Rabih Nahas moved and Ms. Karen Bergrud that the Board MINNESOTA BOARD OF PHARMACY – 827th Meeting, March 13, 2013
authorize the expenditure of the necessary funds to allow any Board member, the
Executive Director, and one surveyor to attend the annual meeting. The motion passed
unanimously. By consensus it was deemed that Ms. Laura Schwartzwald would be
designated as the delegate and Mr. Stuart Williams would be designated as the
There being no further business requiring action by the Board, Ms. Karen
Bergrud moved to adjourn the meeting. The motion occurred at approximately 1:25 pm
and Mr. Bob Goetz seconded the motion. The motion passed.