812th Meeting of the North Carolina Board of Pharmacy April 15, 2008
President Wallace Nelson called the meeting to order at 9:00am with Board Members Wallace Nelson, Parker Chesson, Betty Dennis, and Joey McLaughlin present. Stan Haywood and Rebecca Chater were absent at this time. Also present were Executive Director Jay Campbell; Board Counsel Clint Pinyan and John Buford; Director of Investigation Karen Matthews; Director of Licensing Rachel Paris; DME Specialist Wendy Watson: Financial and Human Resource Analyst Rhonda Jones; NCBOP Investigators Melissa Cummings; NCBOP Investigator Krystal Bradshears and Director of Operation Kristin Moore. Present as visitors were: Sally Slusher, NCAP; Lori Setzer, CVS; Paul Peterson, PRN; Heidi Barefoot, Target Pharmacy; Courtney B Gray, Kerr Drugs; Cat Josselyn, Kerr Drug; Emeline Igboekwe, NCAP; Joe Williams, Campbell University; Mindy Wassum, Campbell University; Michael Tay, UNC; Pharmacist Leonardo Bennett, Rite Aid; David Moody, Mutual Drug; Vishal Barnela, Rite Aid
Ethics Statement & Welcome
President Wallace Nelson read the Ethics Statement regarding any conflicts of interest and/or appearances of conflicts of interest of any Board member. There were no conflicts noted by any Member.
President Nelson welcomed all visitors to the meeting and asked that they introduce themselves to the members and state their pharmacy affiliation.
Minutes of March 2008 Meeting
The members received the March 2008 meeting minutes prior to this meeting for review. It was moved by Dr. Chesson and seconded by Mr. Laughlin to accept the Minutes as submitted. The motion passed with no dissenting votes.
Disciplinary Hearing – Leonardo Bennett, License# 16104
Leonardo Bennett appeared before the Board in response to a notice of hearing. Board Counsel Clint Pinyan proceeded with the case. Executive Director, Jay Campbell was duly sworn and testified that Mr. Bennett received a Consent Order of Warning from the Board in February 2007 for a dispensing error, not adequately verifying prescriptions and counseling patients. As a condition of the Order, Mr. Bennett was to take a “live” error reduction course within one year of the date of the Consent Order. Mr. Bennett corresponded with Mr. Campbell in February 2008 that he had not been able to participate in a live error reduction and asked if it would be acceptable to take a course offered at Campbell University in March 2008. The course subsequently was cancelled by Campbell University.
After presentation of evidence and testimony from Mr. Bennett, the Board moved into close session, on a motion from Mr. McLaughlin, seconded by Dr. Dennis, to deliberate the matter. When the public session resumed, President Nelson stated that on a motion from Mr. McLaughlin, seconded by Dr. Chesson with no dissenting votes, that the Board would suspend Mr. Bennett’s pharmacist license for 3 days, require that he attend a “live” error
reduction course within one year of Order and require that he inform his employer or potential employer of this Order.
A copy of the final decision can be found elsewhere in the Minutes and incorporated by reference herein
Board Member Rebecca Chater joined the meeting at 9:45 am.
Disciplinary Hearing – Sharon Lawrence, License #16104
Sharon Lawrence, accompanied by her minister Brian Irving, appeared before the Board to request that her summary suspension of her pharmacist license be lifted. Ms. Lawrence license was summarily suspended by the Board, May 9, 2007. Board Counsel John Buford proceeded with the case and stated that on January 16, 2007, Mrs. Lawrence appeared before the Board regarding errors in dispensing of medication and received a 3 year stayed suspension. One of the conditions of the Order was that Mrs. Lawrence would notify the Board’s Executive Director of any dispensing errors within 5 business days of the error. Mr. Buford stated that there was evidenced of 7 errors committed by Mrs. Lawrence, three of which that she was aware that she did not report to the Executive Director.
Ms. Chater excused herself from the matter of Sharon Lawrence. Mr. Campbell spoke that staff position was that Mrs. Lawrence should not be reinstated considering her history of repeated errors and her inability to accept responsibility for her actions.
After presentation of evidence and testimony from, Executive Director Jay Campbell, Pharmacist Courtney Beth Gray, Minister Brian Irving and Sharon Lawrence, the Board moved into close session to deliberate the matter on a motion from Dr. Chesson, seconded by Mr. McLaughlin with no dissenting votes. When open session resumed, on a motion from Mr. McLaughlin, seconded by Dr. Chesson with no dissenting votes, Mr. Nelson stated that on a motion from Dr. Chesson, seconded by Dr. Dennis that the Board would deny Mrs. Lawrence’s request for reinstatement.
A copy of the final decision can be found elsewhere in the Minutes and incorporated by reference herein
Consideration of Pharmacist reinstatement – Joseph Wallace, License #11472
Joseph Wallace, accompanied by his attorney, Jeff Weibe, appeared before the Board to request reinstatement of his pharmacist license. Mr. Campbell proceeded with the case and Mr. Wallace was duly sworn. Mr. Wallace testified that he had plead guilty to a misdemeanor charges of diverting controlled substances, forging prescriptions for controlled substances and unlawfully billing patients’ insurance companies for the prescriptions. He received a 45 day suspended jail sentence and ordered to pay restitution to insurance companies and patients, and court cost of $1,058.00.
After presentation of evidence and testimony from Mr. Wallace and Paul Peterson, Pharmacist Recovery Network, Mr. Campbell stated that staff had no objection to reinstating Mr. Wallace’s pharmacist license. On a motion from Dr. Dennis, seconded by Mrs. Chater with no dissenting votes, Board moved into close session to deliberate the matter. After Board returned to open session on a motion from Mr. McLaughlin, seconded by Dr. Chesson with no dissenting votes, Mr. Nelson stated that on a motion from Dr. Chesson, seconded by Dr. Dennis with no dissenting votes, the Board would reinstate Mr. Wallace’s license under conditions that he renew and comply with his contract with Pharmacy Recovery Network, submit to prior approval of employment by Board’s Executive Director, and notify employer or potential employer of criminal conviction.
A copy of the Order Reinstating License can be found elsewhere in the Minutes and incorporated by reference herein
Open Mike Session
Mike James updated the Board on various legislative issues.
Consideration of Reciprocity Application – Daniel Flors
Mr. Daniel Flors appeared before the Board in consideration of his reciprocity application. Mr. Campbell stated that Mr. Flors indicated on his reciprocity questionnaire that he previously had an alcohol abuse problem. Mr. Flors spoke of his recovery process. Mr. Campbell stated that Pharmacy Recovery Network (PRN) was satisfied with Mr. Flors’s previous treatment and that staff had no objection to the reciprocity application. On a motion from Dr. Chesson, seconded by Mrs. Chater with no dissenting votes, the Board approved Mr. Flors’s application for reciprocity.
Consideration of Reciprocity Application – Dana Caspers
Ms. Dana Caspers appeared before the Board in consideration of her reciprocity application. Mr. Campbell stated that Ms. Caspers answered truthfully on her reciprocity application about a previous DUI conviction. Ms. Caspers spoke on her recovery process. Mr. Campbell stated that PRN was satisfied with Ms. Caspers’s previous treatment and that staff had no objection to the reciprocity application. On a motion from Dr. Dennis, seconded by Mr. Haywood with no dissenting votes, the Board approved Ms. Caspers’ application for reciprocity.
Financial and Administrative Services Director Gail Brantley presented the financial statistics for March 2008.
Director of Investigation Karen Matthew presented the Investigative Statistics for the month. Ms. Matthew commended Board Investigators Melissa Cummings and Holly Price Hunt on law enforcement and diversion presentations they had given.
Mr. Haywood recommended that staff develop a pocket card for pharmacist, which would contain tips for pharmacists on detecting diversions.
Mr. Campbell requested dates in August and September from Board members to hold the 2008 NCBOP Board Retreat. He also suggested holding the retreat in Chapel Hill so staff would have opportunity to make suggestions or request to Board members. Board members agreed to send Mr. Campbell dates for the Board Retreat.
Authorization of Finance Committee to complete refinance of Board office space
Mr. Campbell spoke to the Board about the refinancing of the Board facility and stated that the Board would need approval from Council of State. Information and documentation for refinancing would need to be delivered to Council by May 19, 2008. On a motion from Mrs. Chater, seconded by Mr. McLaughlin with no dissenting votes, the Board authorized Mr. Haywood and Dr. Chesson to act for the Board in an agreement to refinance the Board’s office space.
Following a review of the consent agenda, it was moved by Mrs. Chater, seconded by Mr. Haywood, to approve the consent agenda as presented. The motion carried with no dissenting votes. The following items were approved.
Staff Letter of Warning
RPh. Michael Malishewsky – license #14010 was subject of a prehearing conference held March 24, 2008, heard by Rebecca Chater, regarding allegations that RPh Malishewsky sold and dispensed albuterol inhalers from Eckerd Drug (permit #8384) without authorization and for a price that caused a loss to Eckerd Drugs. Recommendation: Staff Issue Letter of Warning to RPh Malishewsky.
CVS Pharmacy – permit #6617 was subject of a prehearing conference held March 24, 2008, heard by Rebecca Chater, regarding allegations that CVS RPh Hanson dispensed one Fentanyl 75mcg Patch to a patient who prescribed a Fentanyl 25mcg Patch by delivering prescription to patient’s husband. Recommendation: Staff Issue Letter of Warning to CVS Pharmacy
Staff Letter of Warning and Consent Order
RPh Erica P. Jones – license #16071 and CVS Pharmacy – permit #06636 were subjects of a prehearing conference held March 24, 2008, heard by Rebecca Chater, regarding allegations that RPh Jones, while pharmacist on duty, supervised more than two technicians per pharmacist at CVS Pharmacy. Recommendation: Staff Issue Letter of Warning to RPh. Jones and CVS Pharmacy permit suspended 1 day / stayed 1 year with conditions.
RPh Traci Jacobs – license #15444 and RPh Kurt Lupton – license #17072 were subjects of a prehearing conference held on February 18, 2008, heard by Wallace Nelson, regarding allegations that pharmacist allowed, encouraged and aided an “unlicensed pharmacist”, Christopher Breese, to present himself to public as a pharmacist and pharmacist-manager. Recommendation: RPh Jacobs’ license and RPh. Lupton’s license suspended 2 days/ stayed 1 year with conditions.
RPh Ronald Harwell – license #06036 and Medicap Pharmacy – permit #04631 were subjects of a prehearing conference held March 24, 2008, heard by Rebecca Chater, regarding allegations that RPh Harwell and Medicap Pharmacy failed to take steps necessary to ensure that controlled substances were safe and secure or to maintain an adequate system of inventory and control to prevent diversion. Recommendation: RPh. Harwell license and Medicap Pharmacy’s permit suspended 3 days/ stayed 1 year with conditions.
RPh. William T. Walker – license # 05445 was subject of a prehearing conference held October 15, 2007, heard by Joey McLaughlin, regarding allegations that on 3 separate occasions, RPh. Walker erroneously filled and mislabeled prescriptions, failed to provide counseling and failed to maintain proper records. RPh. Walker also failed to maintain controlled substances in a secure fashion to prevent diversion. Recommendation: RPh. Walker license suspended 5 days with conditions.
RPh. James Heinz – license # 07351 was subject of a prehearing conference held April 14, 2008, heard by Wallace Nelson, regarding lifting of RPh. Heinz’s summary suspension until full Board hearing and final decision: Recommendation: RPH. Heinz summary suspension lifted until Board hearing and final decision.
Increase in Pharmacists to Technician Ratio
1. CVS Pharmacy # 07281 Huntersville, NC Gregory Badway RPh
2. PharMerica # 09840 Waynesville NC Caroline Lewis RPh
3. CVS Pharmacy # 56636 Garner NC Erica Pierce Jones RPh
4. CVS Pharmacy # 06814 Wilmington NC Gene Sherard Jr. RPh
5. CVS Pharmacy # 06660 Greensboro NC Mia Akins RPh
6. CVS Pharmacy # 06576 Charlotte NC Susan Hannay RPh
7. CVS Pharmacy # 06653 Greensboro NC Kristie Jordan Nicks RPh
8. CVS Pharmacy # 06658 Greensboro NC Jonathan M Kurkoski RPh
9. Wal-Mart Pharmacy # 09470 Leland NC Lucretia Germick RPh
10. CVS Pharmacy # 06617 Elkin NC Kimberly Somers RPh
11. CVS Pharmacy # 08051 Waxhaw NC Denise Simonelli RPh
12. CVS Pharmacy # 06707 Liberty NC Dianna Biddle RPh
13. CVS Pharmacy # 06543 Asheboro NC Chip Owen RPh
14. CVS Pharmacy # 06619 Mills River NC Benajah Lamm RPh
15. CVS Pharmacy # 06754 Randleman NC Heather Craven RPh
16. CVS Pharmacy # 06778 Siler City NC Pam Scheetz RPh
A copy of consent orders can be found elsewhere in the Minutes and incorporated by reference herein
It was moved by Dr. Dennis, seconded by Mrs. Chater, to move into closed session to discuss the possible summary suspension of a Pharmacist and a Technician. The Board returned to open session, motioned by Mr. Haywood, seconded by Dr. Chesson. The following and technician registrations were summarily suspended:
Technician Lisa M. Roberts – Registration # 19492
Technician Desiree Hensley – Registration # 20949
Technician Ryan Lee Farr – Registration # 08028
A copy of the summary suspension can be found elsewhere in the Minutes and incorporated by reference herein.
Bill White, William White Associates, presented to the Board a retirement plan for Executive Director Jay Campbell. It was moved by Dr. Chesson, seconded by Mr. McLaughlin, to approve the plan as presented by Mr. White. The motion carried with no dissenting votes.
There being no further business the meeting adjourned at 2:41pm.
Wallace E. Nelson, President
J. Parker Chesson, Jr., Vice President
L. Stan Haywood
R. Joseph McLaughlin, Jr.
Betty H. Dennis
Rebecca W. Chater