35 STATE HO U S E STAT IO N A U GU S T A, M A IN E Maine Board of Pharmacy Minutes of January 5, 2012 Board Meeting

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1 S T A T E OF M A IN E D E P AR TM E N T OF P R O FE S S IO N A L A ND F IN A N C IA L R E G U LA T IO N O F F I C E O F L I C E N S I N G & R E G I S T R A T I O N 35 STATE HO U S E STAT IO N A U GU S T A, M A IN E Paul R. LePage Governor Anne L. Head, Esq. Commissioner Geraldine L. Betts Administrator Maine Board of Pharmacy Minutes of January 5, 2012 Board Meeting CALL TO ORDER President Bruno called the meeting to order at 9:00 a.m. MEMBERS PRESENT Joseph Bruno, R.Ph., Pharmacist, President Courtney Oland, R.Ph., Pharmacist Donald Watson, R.Ph., Hospital Pharmacist Paul Chace, R.Ph., Chain Pharmacist Shane Savage, R.Ph., Independent Pharmacist Joseph Pietroski, Public Member STAFF PRESENT Geraldine Betts, Administrator Kelly McLaughlin, Senior Consumer Assistance Specialist Carrie Carney, AAG, Board Attorney Thomas Avery, Chief Field Investigator OLD BUSINESS Review and approval of the minutes of November 3, 2011 In a motion by Watson, seconded by Savage, to accept the minutes of November 3, 2011, as written. NEW BUSINESS Adjudicatory Hearing Robert Lemay PHA 6039 In a motion by Oland, seconded by Chace, to deny Mr. Lemay s request for reinstatement of pharmacist licensure based on inadequate amount of time and circumstances. Licensing (207) Main Receptionist (207) Hearing Impaired/TTY PRINTED ON RECYCLED PAPER O F F I C E L O C A T I O N : G A R D I N E R A N N E X 76 N O R T H E R N A V E N U E, G A R D I N E R, M A I N E Geraldine.L.Betts@maine.gov Direct Line: (207) Fax: (207)

2 Adjudicatory Hearing Sara Wilcox 2011 PHA 7444 In a motion by Pietroski, seconded by Sandstead, to grant licensure to Sara Wilcox as a pharmacy technician with the following conditions: 1) probation for a period of one (1) year during which time Ms. Wilcox is required to maintain counseling sessions with monthly reports to Board; 2) required to present a copy of the Decision and Order to all employers or potential employers prior to employment; and 3) any additional criminal convictions is automatic revocation of licensure. Review and Approve Decision and Order Angela McRae 2011 PHA 7583 In a motion by Savage, seconded by Watson, to accept the Decision and Order in the matter of Angela McRae, 2011 PHA 7583, as presented. Motion carried, Pietrowski and Oland recused. Board action on Proposed Rules and Adoption Chapter 1 - Definitions (amended) Chapter 6 - Pharmacy Student Internship Programs (sunsetted) Chapter 6-A - Pharmacy Student Internship Programs (new) Chapter 7 - Registration and Employment of Pharmacy Technicians (amended) Chapter 12 - Licensure of Manufacturers and Wholesalers (amended) Chapter 13 - Operation of Retail Drug Outlets (amended) Chapter 16 - Operation of Wholesalers and Manufacturers (amended) Chapter 20 - Automated Pharmacy Systems (repeal and replace) Chapter 20-A.- Self-Service Customer Kiosks (new) Chapter 22 - Sale of Schedule V Controlled Substances (amended) Chapter 25 - Patient Counseling (amended) The Board reviewed public comments along with draft response to comments and draft basis statement. No action was taken. Complaint Committee s Report 2011 PHA 7481 In a motion by Savage, seconded by Oland, to schedule 2011 PHA 7481 for an adjudicatory 8003 (5-A)(A)(5) and Board Rules Chapter 30 Sections 15 and 16; 2) warning; and 3) fine of $ Motion carried, Chace recused PHA 7651 In a motion by Chace, seconded by Sandstead, to schedule 2011 PHA 7651 for an adjudicatory 8003 (5-A)(A)(5) and Board rules Chapter 30 Sections 15 and 16; 2) censure; 3) fine of $500.00; and 4) five (5) hours of additional continuing education on misfills to be completed by December 31, PHA 7480 In a motion by Chace, seconded by Oland, to issue an emergency suspension and to offer a consent agreement including: 1) admission to violation of 10 M.R.S (5-A)(A)(5) and Board rules Chapter 30 Sections 15 and 16; 2) censure; 3) fine of $500.00; 4) suspension until such time as he has successfully demonstrated physical examination, to include hearing, vision and physical ability to fitness to practice, report from practitioner that demonstrates his ability to practice safely. If fitness to practice is not received during suspension license becomes revoked. Motion withdrawn

3 In a motion by Chace, seconded by Oland, to impose an immediate suspension of license in the matter of 2011 PHA 7480 for a period not to exceed thirty (30) days pursuant to 5 MRA (3); The Board found that continued licensure will pose an immediate jeopardy to the public and failure to suspend the license will fail to adequately respond to the known risk. Sufficient evidence exists to schedule the matter for an adjudicatory hearing and to offer a consent agreement including: 1) admission to violation of 10 M.R.S (5-A)(A)(2) and (5) and Board Rules Chapter 30 Sections 1(14),(15) and (16); 2) censure; 3) fine of $ ($ per violation); and 4) revocation PHA 7588 In a motion by Savage, seconded by Pietroski, to schedule 2011 PHA 7588 for an adjudicatory hearing and to offer a consent agreement including: 1) admission to 10 M.R.S. 8003(5-A)(A) (1), (2), (7) and Board Rules Chapter 31 Section 2 (2); 2) suspension of license for a period of 90 days; 3) reprimand; 4) fine of $10,000.00; 5) successfully demonstrate completion of MPJE prior to conclusion of suspension period; and 6) required to provide a copy of this consent agreement to every entity in which he provides the drug utilization review ( DUR ) service for currently or in the future and to any future employer. In a motion by Oland, seconded by Chace, to file complaints against the four facility s Director of Pharmacy and the co-owner of the company for potential violation of 10 M.R.S (5- A)(A)(8) aiding and abetting unlicensed practice. Motion carried, Pietroski recused PHA 7555 In a motion by Savage, seconded by Sandstead, to schedule 2011 PHA 7555 for an adjudicatory hearing and to offer a consent agreement including: 1) admission to violation of 10 M.R.S 8003 (5-A)(A)(5) and Board Rules Chapter 30 Section 21; 2) warning; and 3) fine of $ In a motion by Savage, seconded by Sandstead, to withdraw previous motion in the matter of 2011 PHA 7555 and to table action pending further investigation PHA 7488 In a motion by Savage, seconded by Oland, to table action on 2011 PHA 7488 pending further investigation PHA 7553 In a motion by Savage, seconded by Oland, to schedule 2011 PHA 7553 for an adjudicatory 8003 (5-A)(A)(5) and Board Rules Chapter 30 Section 21; 2) warning; and 3) fine of $ Motion carried, Chase recused PHA 6287 In a motion by Savage, seconded by Oland, to dismiss 2010 PHA 6287 with no evidence of a violation of Board s Laws and Rules. Motion carried, Chase recused PHA 7477 In a motion by Sandstead, seconded by Watson, to schedule 2011 PHA 7477 for an adjudicatory

4 8003(5-A)(A)(1), (6), Board Rules Chapter 19 Sections 1 and 2, Chapter 30 Section 8; 2) Reprimand; 3) fine of $1,500.00; 4) licensure suspension for a period of thirty (30) days; and 5) two (2) additional hours of Continuing Education specifically Law on out of state or out of country prescribing authority to be completed by December 31, Motion carried, Chase recused PHA 7736 In a motion by Savage, seconded by Oland, to schedule 2011 PHA 7736 for an adjudicatory 8003 (5-A)(A)(5) and Board Rules Chapter 13 Section 3(2) and Chapter 30 Section 26; 2) censure; and 3) fine of $ Motion carried, Chase recused PHA 413 This item was tabled to a future meeting PHA 7584 In a motion by Savage, seconded by Pietroski, to accept the Continuing Education in the matter of 2011 PHA 7584 as presented. Motion carried, Chace recused. Board Action on Reinstatement Application Michael Vanderwerken PR4926 In a motion by Savage, seconded by Watson, to preliminary deny licensure reinstatement to Michael Vanderwerken, PR4926 and to offer a consent agreement including: 1) admission to 10 M.R.S. 8003(5-A)(A) (1), (2), (7), Board Rules Chapter 31 Section 2 (2); 2) suspension of license for a period of 90 days; 3) reprimand; 4) fine of $10,000.00; 5) successfully demonstrate completion of MPJE prior to conclusion of suspension period; and 6) required to provide a copy of this consent agreement to every entity in which he provides the drug utilization review ( DUR ) service for currently or in the future and to any future employer. Board Action on Applications Jamie Milliken PT In a motion by Watson, seconded by Savage, to grant licensure to Jamie Milliken, PT , as presented. Robert Heiser PR6022 In a motion by Savage, seconded by Sandstead, to grant licensure to Robert Heiser, PR6022, pending successful completion of the MPJE. Kelsie Anderson PTI In a motion by Pietroski, seconded by Savage, to grant licensure to Kelsie Anderson, PTI , as presented. Stephen Lessard PR4595 In a motion by Chace, seconded by Savage, to grant licensure to Stephen Lessard, PR4595, as presented. Shannon Hendricks PR6347 In a motion by Pietroski, seconded by Savage, to grant licensure to Shannon Hendricks, PR6347, pending successful completion of the MPJE.

5 PuraCap Pharmaceutical, LLC. MF In a motion by Savage, seconded by Sandstead, to table action on PuraCap Pharmaceutical, LLC, MF , pending receipt of additional information. Benjamin Creznic PT In a motion by Pietroski, seconded by Savage, to grant licensure to Benjamin Creznic, PT , as presented. Robin Cullen PT In a motion by Pietroski, seconded by Savage, to grant licensure to Robin Cullen, PT , as presented. Vernon Mitchell - PT In a motion by Watson, seconded by Pietroski, to grant licensure to Vernon Mitchell, PT , as presented. Erica Cantara PT In a motion by Savage, seconded by Pietroski, to preliminarily deny licensure to Erica Cantrara, PT , and to offer a consent agreement including: 1) admission to violation of 10 M.R.S. 8003(5-A)(A)(1); and 2) a fine of $ Motion carried, Chace opposed. Arrow International WH , Arrow International WH , Teleflex Medical Inc. WH , and Teleflex Medical Inc. WH In a motion by Pietroski, seconded by Oland, to preliminarily deny licensure to Arrow International WH , Arrow International WH , Teleflex Medical Inc. WH and Teleflex Medical Inc. WH and to offer a consent agreement including: 1) admission to violation of 10 M.R.S. 8003(5-A)(A)(2); 2) probation for a period through May of 2013; and 3) required to obtain the Verified-Accredited Wholesale Distributors ( VAWD ). Denise Teceno PT In a motion by Pietroski, seconded by Savage, to preliminarily deny licensure to Denise Teceno, PT , pursuant to 5 M.R.S. 5301(2)(A) and (D). Walgreens Specialty Pharmacy #13625 MO , Walgreens Specialty Pharmacy # MO , Walgreens Specialty Pharmacy #13625 MO In a motion by Savage, seconded by Chace, to table action on Walgreens Specialty Pharmacy #13625 MO , Walgreens Specialty Pharmacy # MO and Walgreens Specialty Pharmacy #13625 MO pending receipt of further information. Motion carried. Medisca Inc WH (initial), Medisca Inc. WH (renewal), and Medisca Inc. WH (renewal) In a motion by Oland, seconded by Savage, to preliminarily deny Medisca Inc WH (initial), Medisca Inc. WH (renewal) and Medisca Inc. WH (renewal) pursuant to 10 M.R.S. 8003(5-A)(A)(2). Board Action on Renewals

6 Harris Atwater Pharma WH This application was tabled to a future meeting pending receipt of additional information. Board Action on Renewals Cardinal Health 414 LLC MO , Cardinal Health MO , Cardinal Health PH and Cardinal Health WH In a motion by Pietroski, seconded by Sandstead, to grant licensure to Cardinal Health 414 LLC MO , Cardinal Health MO , Cardinal Health PH and Cardinal Health WH , as presented. Motion carried, Bruno, Oland, and Watson recused. Germon Hill PR5944 In a motion by Pietroski, seconded by Savage, to grant licensure renewal as presented in the matter of Germon Hill, PR5944. Humana Pharmacy, Inc. MO In a motion by Pietroski, seconded by Savage, to grant licensure to Humana Pharmacy, Inc., MO Clark R. Miller PR3655 In a motion by Sandstead, seconded by Oland, to grant licensure renewal to Clark Miller, PR3655, as presented. Motion carried, Bruno recused. Stephen Ouellette - PR4039 In a motion by Savage, seconded by Chace, to grant licensure renewal to Stephen Ouellette, PR4039, as presented. Wal-Mart Pharmacy PH , Wal-Mart Pharmacy PH , Wal-Mart Pharmacy PH , Wal-Mart Pharmacy PH , Wal-Mart Pharmacy PH Wal-Mart Pharmacy PH , Wal-Mart Pharmacy PH , Wal-Mart Pharmacy PH , Wal-Mart Pharmacy PH , Wal-Mart Pharmacy PH , Wal- Mart Pharmacy PH Wal-Mart Pharmacy PH Wal-Mart Pharmacy PH , Wal-Mart Pharmacy PH , Wal-Mart Pharmacy PH , Wal- Mart Pharmacy PH , Wal-Mart Pharmacy PH , Wal-Mart Pharmacy PH , Wal-Mart Pharmacy PH , Wal-Mart Pharmacy PH , Wal- Mart Pharmacy PH , Wal-Mart Pharmacy PH , Sam s Pharmacy PH , Sam s Pharmacy PH , Wal-Mart Pharmacy MO , Wal-Mart Pharmacy WH , Wal-Mart Pharmacy WH , Wal-Mart Pharmacy MO In a motion by Pietroski, seconded by Chace, to grant licensure renewals to Wal-Mart Pharmacy PH , Wal-Mart Pharmacy PH , Wal-Mart Pharmacy PH , Wal- Mart Pharmacy PH , Wal-Mart Pharmacy PH , Wal-Mart Pharmacy PH , Wal-Mart Pharmacy PH , Wal-Mart Pharmacy PH , Wal- Mart Pharmacy PH , Wal-Mart Pharmacy PH , Wal-Mart Pharmacy PH Wal-Mart Pharmacy PH Wal-Mart Pharmacy PH , Wal- Mart Pharmacy PH , Wal-Mart Pharmacy PH , Wal-Mart Pharmacy PH , Wal-Mart Pharmacy PH , Wal-Mart Pharmacy PH , Wal- Mart Pharmacy PH , Wal-Mart Pharmacy PH , Wal-Mart Pharmacy PH , Wal-Mart Pharmacy PH , Sam s Pharmacy PH , Sam s

7 Pharmacy PH , Wal-Mart Pharmacy MO , Wal-Mart Pharmacy WH , Wal-Mart Pharmacy WH , Wal-Mart Pharmacy MO Margery O Keefe PT advanced In a motion by Sandstead, seconded by Savage, to grant licensure renewal to Margery O Keefe, PT advanced as presented. Motion carried, Watson abstained. Christine Davis PR4108 In a motion by Pietroski, seconded by Savage, to table action on licensure renewal to next meeting pending receipt of additional information. Frank Serio PR 4634 In a motion by Pietrowski, seconded by Savage, to preliminarily deny licensure to Frank Serio, PR4634, and to offer a consent agreement including: 1) admission to violation of 10 M.R.S. 8003(5-A)(A)(1); and 2) a fine of $ Motion carried, Chace recused and Sandstead opposed. Board Action on Waiver Requests Douglas Edinger V & S Pharmacy LLC PH In a motion by Pietroski, seconded by Savage, to grant license renewal and to grant waiver of hours of operation to Douglas Edinger pursuant to Board Rules Chapter 13 Section 2 (1) to 39 hours of operation per week to V & S Pharmacy. The waiver is granted to Doug Edinger for a period through December 31, 2012 and is not transferable. Charlie Ouellette St John Long Term Care PH In a motion by Oland, seconded by Pietrowski, to grant license renewal and to grant waiver of hours of operation pursuant to Board Rules Chapter 13 Section 2 (1) to 10 hours per week to St. John Valley Long Term Care. The waiver is granted to Charles Ouellette for a period through December 31, 2012 and is not transferable. Any changes will require Board consideration prior to the change. Motion carried, Savage recused. Shane Savage Riverside Long Term Care PH In a motion by Oland, seconded by Pietrowski, to grant license renewal and to grant waiver of hours of operation pursuant to Board Rules Chapter 13 Section 2 (1) to 10 hours of operation per week to Riverside Long Term Care, Inc. The waiver is granted to Shane Savage for a period to end on December 31, 2012 and is not transferable. Motion carried, Savage recused. John Hebert - Ashland Drug Store PH In a motion by Oland, seconded by Sandstead, to grant license renewal and a waiver of hours to Ashland Drug Store. Ashland Drug Store will be in operation 20 hours per week. This wavier is granted to John Hebert for a period through December 31, 2012 and is not transferable. Any changes will require Board consideration prior to change. Correspondence Correspondence of December 10, 2011, Eric Lindsley, MD, regarding pharmacist requesting a prescription(s)

8 The Board reviewed the information provided and determined that a pharmacist should not be requesting a prescription from a prescriber to conceal a misfiled prescription. The Board further requested an investigation and complaint to be filed against the pharmacist. E-correspondence of May 25, 2011, Charles Ouellette, regarding take back of drugs The Board determined that a pharmacist must comply with Board Rules Chapter 23. Facilities that are not registered or licensed by the Board of Pharmacy are encouraged to utilize the drug take back programs offered by Maine Drug Enforcement Agency and local law enforcement. E-correspondence of December 17, 2011, Paul Corrado, regarding DEA number The Board discussed, pursuant to Board laws and rules, whether or not a DEA number is required for a pharmacy to operate. The Board did not make a determination, but did conclude that if a complaint were filed against Mr. Corrado or Corrado s Pharmacy for a situation resulting from not having a DEA number, Mr. Corrado and his pharmacy would not be exempt from discipline if it were warranted. Letter of October 28, 2011, Amber Sherriff, regarding licensing of Manufacturing and Wholesale Distribution The Board discussed, pursuant to Board laws and rules, whether or not an entity that acquires pharmaceutical products for wholesale drug distribution and sells manufactured pharmaceuticals but is never in possession of the pharmaceuticals should be licensed as a wholesale distributor or manufacturer. The Board did not make a determination, but did conclude that the entity may be subject to discipline if it remains unlicensed. Letter of January 20, 2011, John Gleason, Curtis Thaxter, regarding Dispensing of Prepacked Medications follow up This item was tabled to a future meeting. E-correspondence of January 16, 2011, J. Scott Patch, M.D., regarding pharmacists to refill medication according to protocol from a physician follow up This item was tabled to a future meeting. Election of Officers President In a motion by Chace, seconded by Savage, to nominate and elect Joseph Bruno, as President. Vice President In a motion by Bruno, seconded by Savage, to nominate and elect Paul Chace, as Vice President. Complaint Officer In a motion by Bruno, seconded by Chace, to nominate and elect Savage as Complaint Officer. Administrator s Report None Public Comments

9 Timothy Keller of Walgreens requested the Board to define population when discussing regional matters; as the state has vastly different populations. Amelia Arnold of Community Pharmacies requested the Board consider effect on other pharmacies when making decisions. ADJOURN There being no further business Oland motioned to adjourn at 7:55 p.m. seconded by Chace. Motion Carried.