MINUTES
January 15-16, 2013
The Iowa Board ofPharmacy met on January 15-16, 2013, in the conference room at 400 SW
Eighth Street, Des Moines, Iowa. Chairperson Frey called the meeting to order at 9:15 a.m.
MEMBERS PRESENT
Susan M. Frey, Chairperson
DeeAnn Wedemeyer Oleson, Vice-Chair
(absent on 1/16/13)
LaDonna Gratias
Edward L. Maier
Edward J. McKenna (left at 4:20 p.m. on 1/15/13)
James Miller
Margaret M. Whitworth (absent 1/15/13 and
participated by phone on 1/16/13,joining at 9:12
a.m.)
SPEAKERS
Bill Cover, Walgreens
Scott Setzepfandt, Genentech
Michael Wenger, Employee & Family Resources
Anthony Pudlo, IPA
Brett Barker, NuCara
Mike Fuller, Walgreens
Bob Egeland, Hy-Vee
Joe Tammaro, McKesson
ChristopherJerry, The Emily Jerry Foundation
Lisa Cappetta, The Emily Jerry Foundation
STAFF PRESENT
Lloyd Jessen, Executive Director
Theresa Weeg, Esq., Assistant Attorney
General
Meghan Gavin, Esq., Assistant Attorney
General
Therese Witkowski, Executive Officer
Debbie Jorgenson. Administrative Assistant
Becky Hall, Secretary
Compliance Officers Present:
Curt Gerhold
Mark Mather
Sue Mears
Jennifer O"Toole
Jean Rhodes
Jennifer Tiffany
Jim Wolfe
I. Administrative Hearing.
A. Leslie Adams, Pharmacist License No. 20832, ofPleasantville.January 15-16, 2012 Page 2 of 14
On November 9, 2012, the Iowa Board ofPharmacy found probable cause to file Statement
ofCharges and Notice ofHearing against the above-named individual.
Assistant Attorney Meghan Gavin represented the Board. Margaret LaMarche,
Administrative Law Judge for the State, presided. Ms. Adams appeared without counsel.
The hearing was conducted in the presence ofthe Board. The hearing was closed to the
public.
The Board heard testimony ofwitnesses and examined the exhibits.
Motion (Maier/Oleson) to go into closed session in accordance with Iowa Code section
21.5(l)(f) to deliberate. Roll call vote. Yes: Frey, Gratias, Maier, McKenna, Miller,
Oleson; No: None; Abstain: None; Absent: Whitworth. Passed: 6-0-0-1.
Motion (McKenna/Gratias) to go into opensession. Roll call vote. Yes: Frey, Gratias,
Maier, McKenna, Miller. Oleson; No: None; Abstain: None; Absent: Whitworth. Passed:
6-0-0-1.
In open session, motion (Maier/Oleson) to direct Administrative Law Judge LaMarche to
draft the decision in the Adams case. Passed: 6-0-0-1. Absent: Oleson.
II. Closed Session.
Motion (Maier/Oleson) to go into closed session in accordance with Iowa Code Section21.5(l)(a)
to reviewcomplaint orinvestigative information required by Section272C.6(4) to be kept
confidential, 21.5(l)(d) to discusswhetherto initiate licensee disciplinary investigations orformal
charges, and 21.5(l)(f) to discuss the decision to be rendered in a contested case. Roll call vote.
Yes: Frey, Gratias, Maier, McKenna, Miller, Oleson; No: None; Abstain: None; Absent: None.
Passed: 6-0-0-1. Absent: Whitworth.
Motion (Maier/Miller) to go into open session. Roll call vote. Yes: Frey, Gratias,Maier. McKenna.
Miller, Oleson; No: None; Abstain: None; Absent: Whitworth. Passed: 6-0-0-1.
III. Administrative Hearings.
A. Hughes Health MartPharmacy, Pharmacy License No. 649, of Emmetsburg andGregory
Hoyman, Pharmacist License No. 13496, ofEmmetsburg.
On January 19, 2012, the Iowa Board of Pharmacy found probable cause to file Statement
ofCharges and Notice ofHearing against the above-named individuals.
Assistant Attorney General Meghan Gavin represented the Board. MargaretLaMarche,
Administrative Law Judge for the State, presided. Huges Health Mart Pharmacy and Mr.
Hoyman appeared without counsel.
The hearing was conducted in the presence ofthe Board. The hearing was closed to the
public. Mr. Maier recused himself.
The Board heard testimony ofwitnesses and examined the exhibits.January 15-16, 2012 Page 3 of 14
B. Cory John Ernst. Pharmacist License No. 20122, ofAltoona.
On June 27, 2012, the Iowa Board ofPharmacy found probable cause to file Statement
ofCharges and Notice ofHearing against the above-named individual.
Assistant Attorney General Meghan Gavin represented the Board. Margaret LaMarche,
Administrative Law Judge for the State, presided. Mr. Ernst appeared without counsel.
The hearing was conducted in the presence of the Board. The hearing was closed to the
public.
The Board heard testimony ofwitnesses and examined the exhibits.
C. Dana Bormann, Pharmacy Technician Registration No. 17530, ofLaMotte.
On June 27, 2012, the Iowa Board ofPharmacy found probable cause to file Statement
ofCharges and Notice ofHearing against the above-named individual.
Assistant Attorney General Theresa Weeg represented the Board. MargaretLaMarche,
Administrative Law Judge for the State, presided. Ms. Bormann did not appear nor did
counsel represent her.
The hearing was conducted in the presenceofthe Board. The hearing was open to the
public. Mr. Miller recused himself.
The Board heard testimony ofwitnesses and examined the exhibits.
Motion (Maier/McKenna) to go into open session. Roll call vote. Yes: Frey,Gratias.
Maier, McKenna, Oleson; No: None; Abstain: Miller; Absent: Whitworth. Passed: 5-0-1-1.
In open session, motion (Oleson/Maier) to direct Administrative Law Judge LaMarche to
draft the decision in the Bormann case. Passed: 5-0-1-1. Abstain: Miller; Absent:
Whitworth.
Motion (Maier/Oleson) to go into closed session in accordance with Iowa Code section
21.5(l)(f) to deliberate. Roll call vote. Yes: Frey, Gratias, Maier, McKenna. Oleson; No:
None; Abstain: Miller; Absent: Whitworth. Passed: 5-0-1-1.
Motion(Maier/McKenna) to go into opensession. Roll call vote. Yes: Frey, Gratias.
Maier, McKenna, Oleson; No: None; Abstain: Miller; Absent: Whitworth. Passed: 5-0-1-1.
In open session, motion (Oleson/Maier) to direct Administrative Law JudgeLaMarche to
draft the decision in the Bormann case. Passed: 5-0-1-1. Abstain: Miller; Absent:
Whitworth.
Motion (Oleson/Maier) to go into closed session. Roll call vote. Yes: Frey, Gratias, Maier,
McKenna, Miller, Oleson; No: None; Abstain: None; Absent: Whitworth. Passed: 6-0-0-1.
Motion (McKenna/Oleson) to go into open session. Roll call vote. Yes: Frey,Gratias.
Maier, McKenna, Miller. Oleson; No: None; Abstain: None; Absent: Whitworth. Passed:
6-0-0-1.
In open session, motion (Maier/Oleson) to direct Administrative Law Judge LaMarche to
draft the decision in the Ernst case. Passed: 6-0-0-1. Absent: Whitworth.January 15-16,2012 Page 4 of 14
Motion(Miller/01eson) to go into closed session. Roll call vote. Yes: Frey,Gratias,
McKenna, Miller, Oleson; No: None; Abstain: Maier; Absent: Whitworth.
Motion (Miller/Gratias) to go into open session. Roll call vote. Yes: Frey. Gratias, Miller,
Oleson: No: None; Abstain: Maier; Absent: McKenna, Whitworth. Passed: 4-0-1-2.
Motion (Miller/Oleson) to direct Administrative Law Judge LaMarche to draft the decision
in the Hughes Pharmacy and Hoyman cases. Passed: 4-0-1-2. Abstain: Maier; Absent:
McKenna, Whitworth.
IV. Closed Session.
Motion (Maier/Miller) to go into closed session in accordance with Iowa Code Section 21.5(l)(a)
to review complaint or investigative information required by Section 272C.6(4) to be kept
confidential, 21.5(l)(d) to discuss whether to initiate licensee disciplinary investigations orformal
charges, and 21.5(l)(f) to discuss the decision to be rendered in a contested case. Roll call vote.
Yes: Frey, Gratias, Maier, Miller, Oleson; No: None; Abstain: None; Absent: McKenna. Whitworth.
Passed: 5-0-0-2.
Motion (Maier/Miller ) to go into open session. Roll call vote. Yes: Frey, Gratias, Maier, Miller,
Oleson; No: None; Abstain: None; Absent: McKenna, Whitworth. Passed: 5-0-0-2.
V. Approval ofMinutes.
TheMinutes of the November 8-9, 2012,meeting; theDecember 6, 2012,teleconference meeting;
the December 24, 2012, teleconference meeting; and the January 8, 2013,teleconference meeting
were read.
Motion (Maier/Miller) to approve the minutes of the November 8-9, 2012,meeting. Passed:
5-0-0-2. Absent: Oleson, Whitworth.
Motion (Miller/Maier) to approve the minutes of the December 6, 2012, teleconference meeting.
Passed: 5-0-0-2. Absent: Oleson, Whitworth.
Motion (Maier/McKenna) to approve the minutes ofthe December 24, 2012, teleconference
meeting. Passed: 5-0-0-2. Absent: Oleson, Whitworth.
Motion (Gratias/McKenna) to approve the minutes ofthe January 8, 2013, teleconference
meeting. Passed: 5-0-0-2. Absent: Oleson, Whitworth.
VI. Reports.
Executive Director's Report.
A. 50 Year Pharmacist List—Iowa pharmacists licensed in 1963.
A list of25 pharmacists was provided for review.January 15-16, 2012 Page 5 of 14
B. Dinner Meeting with Iowa Pharmacy Association.
A committee ofthe Board, Lloyd Jessen, Terry Witkowski, Raylene Rospond, Drake
University; Bernard Sorofman, University ofIowa; and John Forbes, Pharmacist Legislator
met with the Iowa Pharmacy Association Board ofTrustees for a joint dinner meeting on the
evening ofJanuary 15, 2013. An agenda ofthe meeting was provided for review.
C. Financial.
1. FY as of 12/31/12 (50% ofthe FY completed)
Revenue Anticipated: $4,490,054
Revenue to date: $3,231,384 (Includes fee receipts of$1,141,750 and carry-overof
$2,089,634)
Total Fines/Penalties: $ 42,575
Anticipated Drop in Revenues in2nd HalfofFY13 due toFee Reduction: $ 130,000
2. Expenditures are at 42% ofProjections.
Budget Allocation: $4,568,718 (Includes $1,050,000 for IT and carry-over of
$1,225,583)
Expenditures
Anticipated: $1,898,853
Paid to date: $1,001,055
3. Iowa Pharmacy Recovery Network (IPRN)
Carry-over $ 26,934
Transfer from Fees $ 73,000
Available Receipts $ 111,994
Contract Balance $ 64,167
D. Meetings and Travel.
1. A conference titled "Cold Night/Hot Topic: The Meningitis Disaster" will be held on January
24,2013, in Iowa City.
2. The first meeting ofthe Telepharmacy Advisory Committee will be held sometime during
January 24 - February 14, 2013, in Des Moines.
3. The Iowa Pharmacy Association Expo will be held February 8-10, 2013, at Prairie Meadows
Events and Conference Center in Altoona. The Board will be participating in the conference
on Friday, February 8. 2013, and will present a presentation during the Affects ofRegulations
on Providers and Patients Session and discuss the Prescription Monitoring Program and itsJanuary 15-16, 2012 Page 6 of 14
effect on both practioneers and patients. The Board will also host itsfourth Pharmacy
Outreach Meeting with a breakfast presentation on Sunday, February 10,2013.
4. Administrative hearings are tentatively scheduled for February 26-27, 2013.
5. Iowa Pharmacy Association Legislative Day will be held on February 28, 2013, at the
Embassy Suites in Des Moines.
6. The March board meeting is scheduled for March 12-13, 2013, in Des Moines.
7. The April board meeting isscheduled for April 23-24,2013. Administrative hearings
will be held on April 23, 2013, in Des Moines and open session of the boardmeeting is
tentatively scheduled for April 24, 2013, in Adair. A retirement luncheon will be held for
out-going Board member DeeAnn Wedemeyer-Oleson.
E. IPRN Report.
The IPRN Report was provided for review-.
F. The National Association of Boards of Pharmacy (NABP) Leads the Charge as States Tighten
Ranks Around Compounding Pharmacies.
NABP released a News Release on December 12, 2012, supporting state boards of pharmacy
efforts to enforce compounding regulations. A copy of the News Release wasprovided for
review.
G. Walgreens Well Experience Pharmacy.
Bill Cover, Manager, Pharmacy Affairs with Walgreens presented a video presentation on
Walgreens "Well Experience" pharmacy model. Walgreens stores will be modeled after the
model shown in the presentation. Mr. Cover answered questions and concerns from the Board.
H. Enhancing Access to Prescription Drug Monitoring Programs Using Health Information
Technology: Work Group Recommendations- Office ofthe National Coordinator for Health
Information Technology, in Partnership with the Substance Abuse and Mental Health Services
Administration.
A copy ofthe StakeholderRecommendations for Enhancing Access to Prescription Drug
Monitoring Programs through Health Information Technology was provided for review. The
goal ofthe project is to use health information technology to increase timely access to
Prescription Monitoring Program (PMP) data in an effort to reduce prescription drug misuse
and overdose. The Board ofPharmacy is pursuing legislative authority to enter into an
agreement to authorize the Iowa PMP to exchange data with otherstate PMPs.
I. Staff Report to US Senate Commerce an HELP Committees - Shining Light on the GrayMarket.January 15-16, 2012 Page 7 of 14
A report on "Shining Light on Gray Market: An Examination ofWhy Hospitals are Forced
to Pay Exorbitant Prices for Prescription Drugs Facing Critical Shortage" was provided for
review from Senator Tom Harkin's office. The report details the results of an investigation
of a group ofcompanies that buy and sell prescription drugs that hospitals and other healthcare
providers urgently need to treat sick patients.
J. Iowa Pharmacy Collaboration Statement.
The American Association ofColleges ofPharmacy has requested information on what
various states have done in the area ofcollaboration between their colleges, boards of
pharmacy, and associations. On behalfofthe state ofIowa, Bernard Sorofman with the
University of Iowa College ofPharmacy drafted a summary of the initiatives theUniversity
of Iowa College ofPharmacy, Drake University College ofPharmacy and Health Sciences.
Iowa Pharmacy Association, and the Iowa Board ofPharmacy have collaborated on in the
past 20 years and provided a copy ofthe summary for review.
K. Tech-Check-Tech Quarterly Report - John N. Hamiel, Wheaton Franciscan Healthcare.
Covenant Medical Center submitted their third Tech-Check-Tech Quarterly Report for
Board review.
L. Tech-Check-Tech Quarterly Report - Gayle Mayer, Spencer Hospital.
Spencer Hospital submitted their fourth Tech-Check-Tech Quarterly Report for Board
review.
M. The Emily Jerry Foundations' National Pharmacy Technician Initiative and Scorecard.
The Emily Jerry Foundation is interested in ensuring an appropriately regulated, professional
pharmacy technician workforce. The Foundation is trying to raise awareness among the
public and state policymakers about the regulation ofthe pharmacy technician workforce
and has created Technician Regulation Scorecards for each ofthe states. The Foundation
researched the statutes and regulations in each state and provided each state with their
findings. The Board discussed the results of Iowa's scorecard with ChristopherJerry and
Lisa Cappeta ofthe Foundation.
VII. Rules.
A. Proposed for Adoption and Filing - Chapter 2, "Pharmacist Licenses."
Motion (Maier/Miller) to approve for Adoption and Filing. The adopted amendments will be
effective March 13. 2013, authorizing the completion of ContinuingProfessional Development
Portfolio for the upcoming license renewal in June 2013; and motion includes a blanket waiver
for no more than 50 pharmaciststo complete and submit a CPD Portfolio for their next license
renewal on June 30, 2013,subject to those pharmacists notifying the Board by April 1,2013,January 15-16, 2012 Page 8 of 14
oftheir intent to submit a CPD Portfolio for their 2013 renewal. Passed: 6-0-0-1. Absent:
Oleson. A copy is attached as Addendum A.
B. Proposed for Adoption and Filing - Chapter 13, "Sterile Compound Practices," and
Chapter 20, Pharmacy Compounding."
Motion (Miller/Maier) to approve for Adoption and Filing. Passed: 6-0-0-1. Absent:
Oleson. A copy is attached as Addendum B.
C. Notice of Termination - Chapter 22, "Unit Dose,Alternative Packaging, andEmergency
Boxes," and Chapter 23, "Long-Term Care Pharmacy Practice," and Proposed for Notice of
Intended Action - Chapter 10, "Controlled Substances." Chapter 22, "Unit Dose, Alternative
Packaging, and Emergency Boxes," and Chapter 23, "Long-Term Care Pharmacy Practice."
Motion (Maier/Miller) to file Notice ofTermination ofthe original Notice of Intended Action
and file new Notice ofIntended Action. Passed: 6-0-0-1. Absent: Oleson. Copies are attached
as Addendum C (Notice of Termination) and Addendum D (Notice of IntendedAction).
D. Continuing Professional Development Final Learning Statement.
A copy ofthe Iowa Board ofPharmacy Learning Statement was provided forreview.
VIII. Legislation.
A. The DrugEnforcement Administration Publishes Proposed Regulations forDisposing of
Controlled Substance Prescription Drugs.
The Drug Enforcement Administration (DEA) published its Notice ofProposedRulemaking
for the Disposal ofControlled Substances in the Federal Register on December 21, 2012.
Interested parties may submit comments on the proposed rule, until February 19,2013.
B. 1307DP - Bill Draft Delivery from LSA - Prescription Drug Diversion and AbuseRegulation.
Terry Witkowski provided an update on the proposed bill drafted from the Governor's Office
of Drug Control Policy on Prescription Drug Diversion and AbuseRegulation.
C. 1306DP—Bill Draft Delivery from LSA - Synthetic Drug Distribution and UseRegulation.
Terry Witkowski provided an update on the proposed bill drafted from the Governor's Office
of Drug Control Policy on Synthetic Drug Distribution and UseRegulation.
D. Biology Principles—Scott Setzepfandt, Genentech.
Mr. Setzepfandt presented a video on Biologies and Biosimilars: "What Healthcare
Professionals and Patients Need to Know," and provided copies ofthe document "BIOJanuary 15-16, 2012 Page9 of 14
Principles on Patient Safety in the Substitution of Biologic Products" forreview. Mr.
Setzepfandt answered questions and concerns from the Board.
IX. Requests.
A. Request for Waiver - 657 I.A.C. 13.20,Sterile Compounding Practices - AmyRoen-Kim.
Chartwell Midwest Wisconsin, Middleton, Wisconsin.
Motion (Miller/Maier) to approve the request for waiver until May 1,2013, with the
condition sterile compounding is prohibited for Iowa patients until the Iowa Board of
Pharmacy inspects their facility. Passed: 6-0-0-1. Absent: Oleson.
B. Request for Regulations Requiring I.D., Prescription, or Screening for Purchasing Syringes
Gregory Overton, Johnson.
This item was referred back to the Rules Committee for review.
Request for Input andAssistance - Prescription Monitoring Program DraftSurvey - Michael
Wenger, Employee & Family Resources.
A draftofthe Iowa Prescription Monitoring Program Usage Survey was provided for the
Boardto review for comments. Healthcare providers will be asked to complete the survey.
All entities involved with the survey would retain the data collectedfrom the survey and
results from the survey could provide information on how to increase the utilization ofthe
Prescription Monitoring Program.
D. Request for Terminationof Monitoring - Wal-Mart # 10-1723. DesMoines andStephen J.
Nemmers, Affiliated Monitors, Inc., Massachusetts.
Motion(Miller/Maier) to grant earlytermination from probation forWal-Mart Pharmacy
#10-1723. Passed: 6-0-0-1. Absent: Oleson.
E. Request for Internship Credit for LifeExperiences- Laarni BoteCaldozo, Chicago, Illinois.
Motion (Maier/McKenna) to approve therequest granting credit for 1,000 hours ofinternship
for life experience requiring Ms. Bote Caldozo to complete an additional 500 hours of
internship. Passed: 6-0-0-1. Absent: Oleson.
F. Rulingon Petition for Agency Action- Petition forRecommendation toRemove Marijuana
From Schedule 1 ofthe Iowa Uniform Controlled Substance Act.
Motion (Maier/Miller) to approve the Order Ruling on Petition for AgencyAction. Passed:
6-0-0-1. Absent: Oleson. A copy ofthe Order is attached as Addendum E.January 15-16, 2012 Pagel0ofl4
G. Request Regarding Central Fill Services - Hy-Vee Pharmacies.
Under the advice ofthe Attorney General's office this item was held in closed session.
H. Request for Waiver -657 I.A.C. 903(2) Telepharmacy—Brett Barker. NuCara Pharmacy.
Motion (Maier/Miller) to approve the request for waiver for six months for a temporary
location. Passed: 6-0-0-1. Absent: Oleson.
X. Closed Session.
Motion (Maier/McKenna) to go into closed session in accordance with Iowa Code Section
21.5(l)(a) to review or discuss records which are required or authorized by state orfederal
law to be kept confidential or to be kept confidential as a condition for that governmental
body's possession for continued receipt offederal funds. Roll call vote. Yes: Frey,Gratias,
Maier, McKenna, Miller, Whitworth: No: None; Abstain: None; Absent: Oleson. Passed:
6-0-0-1.
Motion (Maier/Miller) to go into open session. Roll call vote. Yes: Frey, Gratias, Maier,
McKenna, Miller, Whitworth; No: None; Abstain: None; Absent: Oleson. Passed: 6-0-0-1.
XL Closed Session.
Motion (Maier/McKenna) to go into closed session in accordance with Iowa Code Section
21.5(l)(a) to review complaint or investigative information required by Section 272C.6(4) to
be kept confidential, 21.5(l)(d) to discuss whether to initiate licensee disciplinaryinvestigations
or formal charges, and 21.5(l)(f) to discuss the decision to be rendered in a contested case. Roll
call vote. Yes: Frey, Gratias, Maier, McKenna, Miller. Whitworth; No: None; Abstain: None;
Absent: Oleson. Passed: 6-0-0-1.
Motion (Maier/McKenna) to go into open session. Roll call vote. Yes: Frey, Gratias, Maier.
McKenna, Miller, Whitworth; No: None; Abstain: None; Absent: Oleson. Passed: 6-0-0-1.
In open session, the following actions were taken.
A. Settlement Agreement and Final Order.
Motion (Maier/McKenna) to approve the Settlement Agreement and Final Order in the
following cases. Passed: 6-0-0-1. Absent: Oleson.
1. Kristi Hagen Vasquez, Pharmacy Technician Registration No. 7906 ofBerwick. A copy
ofthe Settlement Agreement and Final Order is attached as Addendum F.
2. Joedy K. Wynn, PharmacyTechnician Registration No. 15675 ofCorning. A copyof the
Settlement Agreement and Final Order is attached as Addendum G.
3. Leeds Pharmacy, Pharmacy License No. 227 ofSioux City. A copy ofthe Settlement
Agreement and Final Order is attached as Addendum H.
4. Thomas B. Dodds, Pharmacist License No. 12951 ofDakota Dunes, South Dakota. A
copy ofthe Settlement Agreement and Final Order is attached as Addendum I.January 15-16, 2012 Page 11 of 14
5. Medisca, Wholesale License No. 5566 ofPlattsburgh, New York, Wholesale License No.
6725 ofLas Vegas, NV, and Wholesale License No. 7070 ofIrving, Texas. A copy ofthe
Stipulation and Consent Order is attached as Addendum J.
B. Statement ofCharges, Settlement Agreement and Order (Combined).
Motion (McKenna/Gratias) to approve the Statement ofCharges, Settlement Agreement
and Order (Combined) in the case ofJames J. Hughes, Pharmacist License No. 13627 of
Waterloo. Passed: 4-0-1-2. Abstain: Maier; Absent: Miller, Oleson. A copy ofthe
Statement ofCharges, Settlement Agreement and Order (Combined) is attached as
Addendum K.
C. Statement ofCharges, Settlement Agreement and Order (Combined).
Motion (Maier/McKenna) to approve the Statement ofCharges, Settlement Agreement and
Order (Combined) in the case ofThomas E. Tremmel, Pharmacist License No. 14836 of
Harlan. Passed: 5-0-0-2. Absent: Miller, Oleson. A copy ofthe Statement ofCharges,
Settlement Agreement and Order (Combined) is attached as Addendum L.
D. Amend Statement ofCharges.
Motion (Maier/McKenna) to approve the amended Statement ofCharges in the following
cases. Passed: 6-0-0-1. Absent: Oleson.
1. Leeds Pharmacy, Pharmacy License No. 227 ofSioux City. A copy ofthe Motion to
Amend Statement ofCharges is attached as Addendum M.
2. Thomas B. Dodds, Pharmacist License No. 12951 ofDakota Dunes, South Dakota. A
copy ofthe Motion to Amend Statement ofCharges is attached as Addendum N.
E. Amend Statement ofCharges.
Motion (McKenna/Maier) to approve the amended Statement ofCharges in the following
cases. Passed: 5-0-1-1. Abstain: Frey; Absent: Oleson.
1. Bauder Pharmacy, Pharmacy License No. 222 ofDes Moines. A copy ofthe Motion to
Amend Statement ofCharges is attached as Addendum O.
2. Mark Graziano, Pharmacist License No. 16752 ofUrbandale. A copy ofthe Motion to
Amend Statement ofCharges is attached as Addendum P.
F. Statement ofCharges and Notice ofHearing.
Motion (Gratias/Maier) to file Statement ofCharges and Notice ofHearing in the following
cases. Passed: 6-0-0-1. Absent: Oleson.
1. PharMedium Services LLC, Wholesale License No. 5759 ofSugar Land, Texas. A copy
ofthe Statement ofCharges and Notice ofHearing are attached as Addendum Q.January 15-16, 2012 Page 12of 14
2. Talon Compounding Pharmacy, Wholesale License No. 4027, San Antonio, Texas. A
copy ofthe Statement ofCharges and Notice ofHearing are attached as Addendum R.
3. Wedgewood Pharmacy, Nonresident Pharmacy License No. 3577 of Swedesboro, NewJersey.
A copy ofthe Statement ofCharges and Notice ofHearing are attached as Addendum S.
4. UniquePharmaceuticals Ltd.,Nonresident Pharmacy LicenseNo. 3265 ofTemple, Texas.
A copy ofthe Statement ofCharges and Notice ofHearing are attached as Addendum T.
5. Med Quest Pharmacy, Nonresident Pharmacy License No. 3399 ofNorth Salt Lake, Utah.
A copy ofthe Statement ofCharges and Notice ofHearing is attached as Addendum U.
6. Allison Pharmacy, Pharmacy License No. 828 ofAllison. A copy ofthe Statement of
Charges and Notice ofHearing is attached as Addendum V.
7. Randy Moad, Pharmacist License No. 15529ofAllison. A copy ofthe Statementof
Charges and Notice ofHearing is attached as Addendum W.
8. Dumont Pharmacy, Pharmacy License No. 707 ofDumont. A copy ofthe Statement of
Charges and Notice ofHearing is attached as Addendum X.
9. KathyJ. Simonton, Pharmacy Technician Registration No. 4159of Desoto. A copyof the
Statement ofCharges and Notice ofHearing is attached as AddendumY.
10. Cornell M. Badura,Pharmacist License No. 19391 of Cedar Falls. A copy of theStatement
ofCharges and Notice ofHearing is attached as Addendum Z.
G. Letter ofEducation.
Motion (Maier/McKenna) to send a Letter of Education to the pharmacy, pharmacist in
charge, and pharmacist in 2012-172; pharmacy, pharmacist in charge, pharmacist intern,
and pharmacist in 2012-177; pharmacy and pharmacist in charge in 2012-186: and
pharmacy and pharmacist in 2012-189. Passed: 6-0-0-1. Absent: Oleson.
H. Administrative Warning.
Motion (McKenna/Maier) to send anAdministrative Warning to the pharmacy andpharmacist
in charge in 2012-178. Passed: 6-0-0-1. Absent: Oleson.
XIII. Closed Session.
Motion (Maier/Miller) to go into closed session in accordance with Iowa Code Section
21.5(l)(a) to review complaint orinvestigative information required by Section 272C.6(4)
to be kept confidential, 21.5(l)(d) to discuss whetherto initiate licensee disciplinary
investigations or formal charges, and 21.5(1)(f) to discuss the decision to be rendered in a
contested case. Roll call vote. Yes: Frey, Gratias, Maier, McKenna, Miller, Whitworth; No:
None; Abstain: None; Absent: Oleson. Passed: 6-0-0-1.
Motion (Maier/McKenna) to go into open session. Roll call vote. Yes: Frey,Gratias, Maier,
McKenna, Miller, Whitworth; No: None; Abstain: None; Absent: Oleson. Passed: 6-0-0-1.January 15-16, 2012 Page 13 of 14
In open session, the following actions were taken.
A. Draft Statement ofCharges.
Motion (Maier/Gratias) to draft Statement ofCharges against the stated individuals in
the following complaints: pharmacy andpharmacist in charge in 2012-184; pharmacy
and pharmacist in charge in 2012-190; pharmacy in 2013-4; pharmacy and pharmacist
in charge in 2012-180, 2012-134, and 2013-1; pharmacy and pharmacist in 2011-87and
2012-2; and pharmacy and pharmacist in charge in 2011-64. Passed: 6-0-0-1. Absent:
Oleson.
B. Close With No Action.
Motion (Maier/Miller) to close with no further action the investigative file in complaint
numbers 2011-79, 2011-123, 2012-138, 2012-162, 2012-171, 2012-175, 2012-183 and
2013-3. Passed: 6-0-0-1. Absent: Oleson.
C. Letter ofEducation.
Motion (Miller/Maier) to send a Letter ofEducation to the technician in 2012-2. Passed:
6-0-0-1. Absent: Oleson.
D. Orderto Show Cause.
Motion (Maier/Miller) to approve the Orderto ShowCauseagainstFrank L.Lamp, D.O.,
Controlled Substance Registration No. 1233336ofGrundy Center. Passed: 6-0-0-1.
Absent: Oleson. A copy ofthe Order to Show Cause is attached as Addendum AA.
E. Draft Order to Show Cause.
Motion (Miller/Maier) to draft an Order to Show Cause against the CSA registrant in case
2012-188. Passed: 6-0-0-1. Absent: Oleson.
Meeting adjourned at 4:05 p.m. on January 15-16, 2013.
/fata -faU
Becky Half
Recording Secretary
Lloyd K/Jessen U Susan M. Frey
Executive Director Board ChairJanuary 15-16, 2012 Page 14 of 14
APPROVED THIS JO" DAY OF lUQJld^ ,20 /3 .
No comments:
Post a Comment