|
NOTE: The
following Minutes are provided for informational purposes only. If you would like to obtain an official copy of these Minutes, please
contact the State Board of Pharmacy at 614/466-4143 for instructions and fee. |
Minutes Of The Meeting
Ohio State Board of Pharmacy
Columbus, Ohio
January 10, 11, 12, 2000
MONDAY, JANUARY 10, 2000
8:05 a.m. ROLL CALL
The State Board of Pharmacy convened in Room 1948, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with the following members present:
Robert B. Cavendish, R.Ph. (President); Diane C. Adelman, R.Ph. (Vice-President); Ann D. Abele, R.Ph.; Suzanne R. Eastman, R.Ph.; Robert P. Giacalone, R.Ph.; Lawrence J. Kost, R.Ph.; Suzanne L. Neuber, R.Ph.; and Nicholas R. Repke, Public Member.
Also present were William T. Winsley, Executive Director; Timothy Benedict, Assistant Executive Director; David Rowland, Legal Affairs Administrator; and Sally Ann Steuk, Assistant Attorney General.
Mr. Winsley and Mr. Benedict
reported on current and pending legislation issues. After discussion, there were no issues requiring an official
action of the Board.
8:22 a.m.
Ms. Abele moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code. The motion was seconded by Ms. Eastman and a roll call vote was conducted by President Cavendish as follows: Abele-Yes, Adelman-Yes, Eastman-Yes, Giacalone-Yes, Kost-Yes, Neuber-Yes, and Repke-Yes.
8:45 a.m.
The Executive Session ended and the Board meeting resumed in Public Session.
RES. 2000-104 Mrs. Neuber then moved that, pursuant to Section 3719.121 of the Revised Code, the Board summarily suspend the license to practice pharmacy belonging to Patricia McCann Parks, R.Ph. (03-3-11697) due to the fact that a continuation of her professional practice presents a danger of immediate and serious harm to others. The motion was seconded by Mr. Repke and approved by the Board (Aye-7/Nay-0).
8:50 a.m.
The Board took a brief recess.
9:14 a.m.
All of the Board members except Mr. Littlejohn convened in Room 1919 for the purpose of conducting a Public Hearing on the proposed rules previously approved for original filing.
10:08 a.m.
The Public Hearing ended. The Board took a brief recess before returning to Room 1948 to continue with the meeting.
10:30 a.m.
Board member Amonte Littlejohn arrived.
10:49 a.m.
RES. 2000-105 The meeting resumed. Mr. McMillen reported on a recent meeting held between Board staff and representatives of CVS. Mr. McMillen then presented the CVS Prescription Medication Compliance and Refill Reminder Program to the Board, a new patient compliance program that would soon be initiated by CVS. It was the consensus of the Board that the program, as presented, appeared to meet the requirements of the Board regarding patient confidentiality.
The Board began to review the Minutes of the December, 1999 meeting.
11:10 a.m.
Mr. Giacalone moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code. The motion was seconded by Mrs. Adelman and a roll call vote was conducted by President Cavendish as follows: Abele-Yes, Adelman-Yes, Eastman-Yes, Giacalone-Yes, Kost-Yes, Littlejohn-Yes, Neuber-Yes, and Repke-Yes.
11:20 a.m.
The Executive Session ended and the meeting was opened to the public. Ms. Abele moved that the Minutes of the December 13, 14, 15, 1999 meeting be approved as amended. The motion was seconded by Mrs. Adelman and approved by the Board (Aye-8/Nay-0).
The following reports were presented to the Board:
Nursing Formulary Committee – Ms. Abele
State Medical Board Prescribing Committee – Mr. Benedict
NABP Technician Task Force Attendance – Mrs. Neuber
11:30 a.m.
The Board recessed for lunch.
1:06 p.m.
The Board reconvened in Room 1948 and was joined by Assistant Attorney General Sally Ann Steuk for the purpose of conducting an adjudication hearing in accordance with Ohio Revised Code Chapters 119. and 4729. in the matters of John Lafferty, R.Ph., Cleveland; Imogene Carol Maynard, R.Ph., Cleveland; and Suellen Ogden, R.Ph., Elyria.
2:12 p.m.
A recess was taken to allow the Board members to review the stipulated evidence.
4:27 p.m.
Mrs. Neuber moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code. The motion was seconded by Mr. Littlejohn and a roll call vote was conducted by President Cavendish as follows: Abele-Yes, Adelman-Yes, Eastman-Yes, Giacalone-Yes, Kost-Yes, Littlejohn-Yes, Neuber-Yes, and Repke-Yes.
4:50 p.m.
RES. 2000-106 The Executive Session ended and the meeting was opened to the public. Ms. Eastman moved that the Board reject the settlement proposals offered by the respondents’ attorneys during their opening statements and that the hearing proceed as scheduled. The motion was seconded by Mr. Littlejohn and approved by the Board (Aye-8/Nay-0).
4:56 p.m.
The Board meeting recessed until Tuesday, January 11, 2000 at 8:00 a.m.
TUESDAY, january 11, 2000
8:20 a.m. ROLL CALL
The State Board of Pharmacy convened in Room 1948, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with the following members present:
Robert B. Cavendish, R.Ph. (President); Diane C. Adelman, R.Ph. (Vice-President); Ann D. Abele, R.Ph.; Suzanne R. Eastman, R.Ph.; Robert P. Giacalone, R.Ph.; Lawrence J. Kost, R.Ph.; Amonte B. Littlejohn, R.Ph.; Suzanne L. Neuber, R.Ph.; and Nicholas R. Repke, Public Member.
RES. 2000-107 Mr. Winsley discussed the following Cease and Desist Letter that had been sent out to an Internet site advertising their ability to function as a repository of patient records:
Larry Denny
Nevoca, Inc.
628 North Broadway
Moore, OK 73160
Re: Privacy of Patient
Records
Dear Mr. Denny:
It
has come to the Board’s attention that Nevoca, Inc., is advertising on the
internet and soliciting Ohio physicians and pharmacies to enter into agreements
which involve the transfer of prescription information to Nevoca. Please know that under Ohio law all such
information is confidential and may not be disseminated to third parties. Of course, a prescribing physician has
access to his patient records; a dispensing pharmacist likewise has access. However, neither may share this information
with anyone, including Nevoca, without the patient’s consent.
You
are hereby advised that Section 3719.13 of the Ohio Revised Code states as
follows:
Prescriptions,
orders, and records, required by Chapter 3719. of the Revised Code, and stocks
of dangerous drugs and controlled substances, shall be open for inspection only
to federal, state, county, and municipal officers, and employees of the state
board of pharmacy whose duty it is to enforce the laws of this state or of the
United States relating to controlled substances. Such prescriptions, orders, records, and stocks shall be open for
inspection by employees of the state medical board for purposes of enforcing
Chapter 4731. of the Revised Code. No
person having knowledge of any such prescription, order, or record shall
divulge such knowledge, except in connection with a prosecution or proceeding
in court or before a licensing or registration board or officer, to which
prosecution or proceeding the person to whom such prescriptions, orders, or
records relate is a party.
Further, Rule
4729-5-29 of the Ohio Administrative Code states in pertinent part as follows:
(A) Records relating to
the practice of pharmacy or administering of drugs are not a public
record. A person having custody of, or
access to, such records shall not divulge the contents thereof, or provide a
copy thereof, to anyone except:
(1) The
patient for whom the prescription or medication order was issued.
(2) The
practitioner who issued the prescription or medication order.
(3) Certified/licensed
health care personnel who are responsible for the care of the patient.
(4) A
member, inspector, agent, or investigator of the board of pharmacy or any
federal, state, county, or municipal officer whose duty is to enforce the laws
of this state or the United States relating to drugs and who is engaged in a
specific investigation involving a designated person or drug.
(5) An
agent of the state medical board when enforcing Chapter 4731. of the Revised
Code.
(6) An
agency of government charged with the responsibility of providing medical care
for the patient upon a written request by an authorized representative of the
agency requesting such information.
(7) An
agent of a medical insurance company who provides prescription insurance
coverage to the patient upon authorization and proof of insurance by the
patient or proof of payment by the insurance company for those medications
whose information is requested.
(8) Any
person, other than those listed in paragraphs (A)(1) to (A)(7) of this rule,
only when the patient has given consent for such disclosure in writing, except
where a patient requiring medication is unable to deliver a written consent to
the necessary disclosure. Any consent
must be signed by the patient and dated.
Any consent for disclosure is valid until rescinded by the patient. In an emergency, the pharmacist may disclose
the prescription information when, in the professional judgment of the
pharmacist, it is deemed to be in the best interest of the patient. A pharmacist making an oral disclosure in an
emergency situation must prepare a written memorandum showing the patient's
name, the date and time the disclosure was made, the nature of the emergency,
and the names of the individuals by whom and to whom the information was
disclosed.
(B) .
. .
You are further advised that a violation of Section 3719.13 of the Ohio Revised Code is a misdemeanor of the third degree in the state of Ohio, punishable by a fine up to $3,000. and incarceration up to 90 days. Entering into contracts with pharmacies to receive confidential information could be regarded as complicity to the dissemination of the information from those pharmacies. The State Board of Pharmacy regards the improper dissemination of confidential patient records as a serious offense, and will not hesitate to pursue violators.
Wherefore, Nevoca, Inc., is hereby notified
to CEASE engaging in conduct which aids and abets the violation of Ohio’s
patient confidentiality statutes, and DESIST from any violations of Ohio law.
BY ORDER OF THE STATE BOARD
OF PHARMACY
8:47 a.m.
The hearing in the matters of John Lafferty, Imogene Maynard, and Suellen Ogden resumed.
9:00 a.m.
Ms. Abele moved that the Board go into Executive Session for the purpose of conferring with an attorney for the Board pursuant to Section 121.22(G)(3) of the Revised Code. The motion was seconded by Mr. Giacalone and a roll call vote was conducted by President Cavendish as follows: Abele-Yes, Adelman-Yes, Eastman-Yes, Giacalone-Yes, Kost-Yes, Littlejohn-Yes, Neuber-Yes, and Repke-Yes.
9:25 a.m.
The Executive Session ended and the hearing remained in recess pending a report from Mr. Rowland.
11:00 a.m.
The Board recessed for lunch.
1:00 p.m.
RES. 2000-108 All of the Board members convened in Room 1919 for the purpose of meeting with the candidates for licensure by reciprocity. Following presentations by Board members and self-introductions by the candidates for licensure by reciprocity, Mrs. Adelman moved that the Board approve the following candidates for licensure. The motion was seconded by Mr. Littlejohn and approved by the Board (Aye-8/Nay-0).
|
FRANCES M. COLON-RIVERA |
PUERTO RICO |
|
APRIL DOROTHY FLUIT |
MICHIGAN |
|
RICHARD N. PRICE |
IDAHO |
|
AMY JO SLAY |
INDIANA |
|
DAVID CARL THOMAS |
WEST VIRGINIA |
1:40 p.m.
The Board reconvened in Room 1948 to continue the hearing in the matters of John Lafferty, Imogene Maynard, and Suellen Ogden.
2:02 p.m.
The hearing was continued until Wednesday, January 12, 2000, and the Board took a brief recess.
2:32 p.m.
Ms. Abele moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code and for the purpose of conferring with an attorney for the Board pursuant to Section 121.22(G)(3) of the Revised Code. The motion was seconded by Ms. Eastman and a roll call vote was conducted by President Cavendish as follows: Abele-Yes, Adelman-Yes, Eastman-Yes, Giacalone-Yes, Kost-Yes, Littlejohn-Yes, Neuber-Yes, and Repke-Yes.
3:15 p.m.
The Executive Session ended and the meeting was recessed until Wednesday, January 12, 2000.
WEDNESDAY, January 12, 2000
8:15 a.m. ROLL CALL
The State Board of Pharmacy convened in Room 1948, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with the following members present:
Robert B. Cavendish, R.Ph. (President); Diane C. Adelman, R.Ph. (Vice-President); Ann D. Abele, R.Ph.; Suzanne R. Eastman, R.Ph.; Robert P. Giacalone, R.Ph.; Lawrence J. Kost, R.Ph.; Amonte B. Littlejohn, R.Ph.; Suzanne L. Neuber, R.Ph.; and Nicholas R. Repke, Public Member.
8:54 a.m.
The hearing in the matters of John Lafferty, Imogene Maynard, and Suellen Ogden resumed.
11:00 a.m.
The hearing was recessed until after lunch.
12:41 p.m.
The hearing in the matters of John Lafferty, Imogene Maynard, and Suellen Ogden resumed.
2:33 p.m.
The hearing was recessed and continued until February 7, 2000 at 1:00 p.m.
2:45 p.m.
Mrs. Neuber moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code. The motion was seconded by Mr. Littlejohn and a roll call vote was conducted by President Cavendish as follows: Abele-Yes, Adelman-Yes, Eastman-Yes, Giacalone-Yes, Kost-Yes, Littlejohn-Yes, Neuber-Yes, and Repke-Yes.
2:53 p.m.
The Executive Session ended and the meeting was opened to the public. Mr. Repke moved that the Board receive Per Diem as follows:
|
PER DIEM |
1/10 |
1/11 |
1/12 |
TOTAL |
|
Abele |
1 |
1 |
1 |
3 |
|
Adelman |
1 |
1 |
1 |
3 |
|
Cavendish |
1 |
1 |
1 |
3 |
|
Eastman |
1 |
1 |
1 |
3 |
|
Giacalone |
1 |
1 |
1 |
3 |
|
Littlejohn |
1 |
1 |
1 |
3 |
|
Kost |
1 |
1 |
1 |
3 |
|
Neuber |
1 |
1 |
1 |
3 |
|
Repke |
1 |
1 |
1 |
3 |
The motion was seconded by Mrs. Adelman and approved by the Board (Aye-8/Nay‑0).
2:54 p.m.
Mr. Repke moved that the meeting be adjourned. The motion was seconded by Mrs. Adelman and approved (Aye-8/Nay-0).
/s/ Robert B. Cavendish /d/ 2/9/00
Robert B. Cavendish, President Date
/s/ W T Winsley
William T. Winsley, Executive Director