TEXAS STATE BOARD OF PHARMACY
Health Professions Council Board Room
333 Guadalupe Street, Tower II, Suite 225
Austin, Texas
May 7, 2013
MINUTES
1
Tuesday, May 7, 2013
President Jeanne D. Waggener, R.Ph., called the meeting to order at 9:02 a.m.
Other Board Members present were Vice President Dennis F. Wiesner, R.Ph.;
Treasurer Buford T. Abeldt, Sr., R.Ph.; W. Benjamin Fry, R.Ph.; Alice Mendoza, R.Ph.;
L. Suzan Kedron; Joyce A. Tipton, R.Ph.; Charles Wetherbee; and Phyllis A. Stine.
Executive Director/Secretary Gay Dodson, R.Ph., was not present.
Staff present were Cathy Stella, Director of Licensing and Administrative Services;
Carol Fisher, R.Ph., M.P.A., Director of Enforcement; Allison Benz, R.Ph., M.S.,
Director of Professional Services; Kerstin Arnold, General Counsel; Steve Rapp,
Director of Information Technology; Paul Holder, R.Ph., Pharm.D., Assistant Director
of Enforcement; Caroline Hotchkiss, Staff Attorney; Kerry Sullivan, Litigation Counsel;
Tyler Vance, Staff Attorney; Stacy Martyak, Staff Attorney; and Becky Damon,
Executive Assistant.
Also present was Pharmacist Intern Jacqueline Waters.
A. Announcements
● President Waggener made general announcements.
● Announcements were made concerning Board Members and staff.
1
See agenda and corresponding attachments for supporting materials.TSBP Board Business Meeting
Minutes/May 7, 2013
Page 2
● Ms. Benz made an announcement concerning continuing education credit
for attending the Board Meeting.
B. Discussion and Approval of Minutes of Previous Meetings (Tab 01)
Following discussion, the motion was made by Mr. Fry to approve the minutes of
the TSBP Public Hearing held February 5, 2013; the minutes of the TSBP Board
Business Meeting held February 5, 2013; and the minutes of the Temporary
Suspension Hearing held March 4, 2013, concerning Express Rx Pharmacy and
Esther Chinedozi Amaka, R.Ph., as presented.
The motion was seconded by Ms. Tipton and passed unanimously.
C. Discussion of and Possible Action Regarding Rules
Final Adoption of Rules
● Rules Concerning Definitions of Discipline Authorized (§281.61) (Tab 02)
Ms. Benz explained that the Board voted to propose the amendments to
§281.61 during its February 5, 2013, meeting. The proposed
amendments were published in the March 8, 2013, issue of the Texas
Register, and no comments were received.
Ms. Benz directed the Board’s attention to amendments to §281.61 and
explained that the amendments add registrants to the definitions.
Following discussion and review of the Preambles and Orders Adopting
Rules, the motion was made by Ms. Kedron to approve for adoption, by
Board Order, amendments to §281.61. The motion was seconded by
Mr. Abeldt and passed unanimously.
● Rules Concerning Operational Standards (§291.33) (Tab 03)
Ms. Benz explained that the Board voted to propose the amendments to
§291.33 during its February 5, 2013, meeting. The proposed
amendments were published in the March 8, 2013, issue of the Texas
Register, and comments in support of the changes were received from
H.E.B. Pharmacy and the Coalition for Nurses in Advanced Practice.
Ms. Benz directed the Board’s attention to amendments to §291.33 and
explained the amendments clarify and update the section to be consistent
with other sections; require documentation of a consultation with a
prescriber regarding a prescription; change the days supply for alternate
labeling from 34 day supply or 100 dosage units whichever is less to a 90
day supply.TSBP Board Business Meeting
Minutes/May 7, 2013
Page 3
Following discussion and review of the Preambles and Orders Adopting
Rules, the motion was made by Mr. Fry to approve for adoption, by Board
Order, amendments to §291.33, as revised. The motion was seconded by
Ms. Mendoza and passed unanimously.
● Rules Concerning Records (§291.34) (Tab 04)
Ms. Benz explained that the Board voted to propose the amendments to
§291.34 during its February 5, 2013, meeting. The proposed
amendments were published in the March 8, 2013, issue of the Texas
Register, and comments were received from American Pharmaceutical
Services an Omnicare Company; H.E.B. Pharmacy; the National
Association of Chain Drug Stores; and the Joint Committee on Internship
Programs.
Ms. Benz directed the Board’s attention to amendments to §291.34 and
explained that the amendments clarify and update the section to be
consistent with other sections of this title and DPS and DEA laws/rules;
require documentation of a consultation with a prescriber regarding a
prescription; add rules regarding auto-refill programs; and update the
rules regarding prescription transfers including no longer allowing interns
to transfer prescriptions, specifying that the transfer must be confirmed by
each pharmacist, and holding both the transferring and receiving
pharmacist responsible for a dispensing error involving a transferred
prescription.
Following discussion of the rule and the comments on the rule the motion
was made by Mr. Wetherbee to withdraw proposed amendments to
§291.34. The motion was seconded by Mr. Fry and passed unanimously.
Mr. Wiesner made a motion to propose amendments to §291.34
incorporating the withdrawn language and rewording the language for the
transfer of prescriptions to incorporate the comments by allowing a
pharmacist intern under the supervision of a pharmacist to transfer a
prescription to a pharmacist. The motion was seconded by Mr. Abeldt
and passed 7-1-0, with Mr. Fry opposing.
Mr. Wetherbee made a motion to propose amendments to §291.34
incorporating the comments on auto refills to allow prescriptions for
schedule IV and Schedule V controlled substances to be dispensed by an
auto refill program if a pharmacist determines dispensing would be
appropriate, and to add the patient’s agent to the rule. The motion was
seconded by Ms. Tipton and passed unanimously.
Mr. Fry suggested that the auto refill provision should be added to the
Class E rules. The Board directed staff to bring suggested rule language
to the August 2013 Board meeting.TSBP Board Business Meeting
Minutes/May 7, 2013
Page 4
Following discussion the Board recommended establishing a task force to
review current rules relating to electronic prescription transfers between
pharmacies not owned by the same entity.
● Rules Concerning Continuing Education Requirements for Pharmacy
Technicians (§297.8) (Tab 05)
Ms. Benz explained that the Board voted to propose the amendments to
§297.8 during its February 5, 2013, meeting. The proposed amendments
were published in the March 8, 2013, issue of the Texas Register, and no
comments were received.
Ms. Benz directed the Board’s attention to amendments to §297.8 and
explained that the amendments require the law portion of the continuing
education requirements for pharmacy technicians to be regarding Texas
pharmacy law.
Following discussion and review of the Preambles and Orders Adopting
Rules, the motion was made by Ms. Mendoza to approve for adoption, by
Board Order, amendments to §297.8. The motion was seconded by
Mr. Wiesner and passed unanimously.
Proposal of Rules
● Rules Concerning Mental or Physical Examinations (§281.6) (Tab 06)
Ms. Arnold directed the Board’s attention to suggested amendments to
§281.6 and explained that the amendments specifies the procedures to
follow for a mental or physical examination.
Following discussion, the motion was made by Mr. Wetherbee to approve
for proposal amendments to §281.6, as presented. The motion was
seconded by Mr. Fry and passed unanimously.
● Rules Concerning Informal Disposition of a Contested Case (§281.22)
(Tab 07)
Ms. Benz directed the Board’s attention to suggested amendments to
§281.22 and explained that the amendments correct the citation
reference.
Following discussion, the motion was made by Ms. Tipton to approve for
proposed amendments to §281.22, as presented. The motion was
seconded by Mr. Abeldt and passed unanimously. TSBP Board Business Meeting
Minutes/May 7, 2013
Page 5
● Rules Concerning Criminal Offenses (§281.63) (Tab 08)
Ms. Benz directed the Board’s attention to suggested amendments to
§281.63 and explained that the amendments correct wording.
Following discussion, the motion was made by Mr. Wetherbee to approve
for proposal amendments to §281.63, as presented. The motion was
seconded by Ms. Stine and passed unanimously.
● Rules Concerning Reinstatement (§281.66) (Tab 09)
Ms. Arnold directed the Board’s attention to suggested amendments to
§281.66 and explained that the amendments differentiate the
reinstatement requirements for individuals with criminal offenses and
individuals without criminal offenses.
Following discussion, the motion was made by Mr. Fry to approve for
proposal amendments to §281.66, as presented. The motion was
seconded by Mr. Abeldt and passed unanimously.
● Rules Concerning Sanctions for Out-of-State Disciplinary Actions
(§281.67) (Tab 10)
Ms. Benz directed the Board’s attention to suggested amendments to
§281.67 and explained that the amendments correct references.
Following discussion, the motion was made by Mr. Fry to approve for
proposal amendments to §281.67, as presented. The motion was
seconded by Mr. Wetherbee and passed unanimously.
● Rules Concerning Inventory Requirements (§291.17) (Tab 11)
Ms. Benz directed the Board’s attention to suggested amendments to
§291.17 and explained that the amendments clarify the requirements for
notarization of inventories.
Following discussion, the Board directed staff to make changes to the rule
language with regard to the definition of working days. The Board
directed staff to bring suggested rule language to the August 2013 Board
meeting.
Rule Review
● Ms. Benz presented the proposed Rule Review Plan for FY2014-2017.
(Tab12)TSBP Board Business Meeting
Minutes/May 7, 2013
Page 6
President Waggener recessed the meeting at 10:20 a.m.
President Waggener reconvened the meeting at 10:30 a.m.
E. Discussion of and Possible Action Concerning the Following Reports and
Discussions
● Discussion of the Pharmacists to Technician Ratio (Tab 19)
Ms. Benz presented information concerning the history of technicians in
Texas and a report on the pharmacy technician ratios in other states.
Ms. Benz directed the Board’s attention to a report presented by Dennis
` McAllister at the February Board Meeting concerning technician ratios,
and to comments received from Brookshire Brothers Pharmacy and the
Texas Pharmacy Association.
The president recognized Dennis McAllister, R.Ph., with Express Scripts
who presented a White Paper concerning pharmacy technicians.
The president recognized the following persons who presented oral
remarks to the Board regarding the pharmacist to technician ratio:
Name
Lugina Mendez-Harper, R.Ph., Prime Therapeutics
Susan Del Monico, R.Ph., CVS Caremark
Jeff Mesaros, R.Ph., Medco Health
Kim Caldwell, R.Ph., Humana
Joe DaSilva, Texas Pharmacy Association
Mary Staples, R.Ph., National Association Chain Drug Stores
Greg Myhra, R.Ph., Wal-mart Pharmacies
Keith Moseley, R.Ph., Brookshire Brothers
Julie Spier, R.Ph., Texas Federation of Drug Stores
Michele Farmer-Driscoll,R.Ph., Walgreens Pharmacies
Debbie Mack, R.Ph., Wal-mart Pharmacies
Doug Read, R.Ph., H.E.B. Pharmacy
Following discussion, the motion was made by Mr. Fry to direct
staff to draft proposed amendments to §291.32 to change the ratio of
pharmacists to technicians to a 1:4 ratio for Class A and Class B
pharmacies, with a 1:2 ratio for pharmacists to technician trainees, and
a 1:8 ratio for Class G pharmacies. The motion was seconded by
Mr. Wetherbee and passed unanimously.
President Waggener recessed the meeting at 12:12 p.m.TSBP Board Business Meeting
Minutes/May 7, 2013
Page 7
President Waggener reconvened the meeting at 1:03 p.m.
Ms. Mendoza left the meeting at 1:05 p.m.
● Professional Recovery Network
○ Dr. Holder discussed performance measures regarding the number
of individuals participating in the peer assistance program for the
past three fiscal years (FY2010-2012) as well as the quarterly
report on the number of pharmacists participating in the program
during FY2013. (Tab 17)
○ President Waggener recognized Courtney Hulbert, Director of the
Professional Recovery Network (PRN). Ms. Hulbert directed the
Board’s attention to the PRN budget report for the first two quarters
of FY2013, September 1, 2012, through February 28, 2013, and
reviewed current PRN activities for the Board. (Tab 18)
E. Disciplinary Orders
● Consideration of Proposal for Decision
○ In the Matter of James Robert Mitchell, Technician
Registration #126695 (Tab 25)
Ms. Arnold advised the Board that a hearing was held before State
Office of Administrative Hearings (SOAH) Administrative Judge
Steven M. Rivas on December 10, 2012, in the matter of pharmacy
technician James Robert Mitchell.
Mr. Vance reviewed the background in the case for the Board. He
directed the Board’s attention to proposed Board Order #T-11-079,
which he reviewed for the Board.
Following discussion, the motion was made by Mr. Fry to accept
the Findings of Fact and Conclusions of Law in the Proposal for
Decision and approve Board Order #T-11-079, as presented, in the
matter of James Robert Mitchell, to impose a suspension for a
period of one year, with the suspension being probated with
conditions. The motion was seconded by Mr. Abeldt and passed
unanimously.TSBP Board Business Meeting
Minutes/May 7, 2013
Page 8
D. Discussion of and Possible Action Concerning Reports of
Committees/Task Forces
● Task Force on Pharmacy Compounding (Tab 13)
Ms. Benz reported the Task Force met on April 9, 2013, and the Task
Force’s final report is scheduled to be presented at the August 6, 2013,
Board Meeting.
E. Discussion of and Possible Action Concerning the Following Reports and
Discussions (cont’d)
● Financial Update
○ Review of FY2013 Operating Budget (Tab 14)
Ms. Stella reviewed the expenditures for the first two quarters of
FY2013 (September 1, 2012, through February 28, 2013) for the
Board.
○ Review of Board Member Travel Budget (Tab 15)
Ms. Stella reviewed the Board Member FY2013 Travel Budget.
○ Update on Legislative Appropriations Request for FY2014-2015
(Tab 16)
Ms. Stella presented a report comparing the recommendations
from the House of Representatives and the Senate concerning the
Legislative Appropriations Request for FY2014-2015.
Ms. Stella presented a draft of fee changes which might be
required depending on appropriations approved.
● Report on Internal Risk Assessment (Tab 20)
Ms. Stella directed the Board’s attention to an internal risk assessment
that is reported annually to the State Auditor’s Office. She reviewed the
risk assessment for the Board.
Following discussion, it was the consensus of the Board that the report
was an adequate risk assessment for TSBP.
● TSBP FY2014 Calendar of Events (Tab 21)
Ms. Fisher directed the Board’s attention to a draft of the TSBP
FY2014 Calendar of Events. Following review, the motion was made TSBP Board Business Meeting
Minutes/May 7, 2013
Page 9
by Mr. Fry to approve the TSBP FY2014 Calendar of Events, as
presented. The motion was seconded by Mr. Abeldt and passed
unanimously.
● Report on Shared Regulatory Data Base Project (Tab 22)
Mr. Rapp reported on the Shared Regulatory Data Base system and
explained that the Funeral Services Commission would soon go live on
the system and this would require additional testing to assure TSBP data
was not affected.
● Report on Appeals from State Office of Administrative Hearing Cases
(Tab 23)
Ms. Arnold presented information concerning the appeal of cases from the
State Office of Administrative Hearing.
● Update on Legislation Filed During the 83
rd
Texas Legislative Session that
has an Impact on TSBP and/or the Practice of Pharmacy (Tab 24)
Ms. Arnold presented a report on the status of bills that have been
filed in the House of Representative and in the Senate that could
have an impact on TSBP and/or the practice of pharmacy.
President Waggener recessed the meeting at 2:17 p.m.
President Waggener reconvened the meeting at 2:32 p.m.
Ms. Kedron left the meeting at 2:33 p.m.
E. Disciplinary Orders (cont’d)
● Report on Agreed Board Orders Entered by Executive Director (Tab 26)
○ The Board reviewed 33 Agreed Board Orders concerning
pharmacy technicians and pharmacy technician trainees that had
been entered by the Executive Director on behalf of the Board, in
accordance with the Board’s directives, during the period
February 19, 2013, through May 3, 2013.
○ The Board reviewed 18 Agreed Board Orders concerning
pharmacists, pharmacies, and pharmacist-interns that had been
entered by the Executive Director on behalf of the Board, in
accordance with the Board’s directives, during the period
February 25, 2013, through May 3, 2013.TSBP Board Business Meeting
Minutes/May 7, 2013
Page 10
● Discussion of and Action on Proposed Agreed Board Orders and
Proposed Default Board Orders (Tab 27)
○ The Board reviewed the alleged violations, as well as the
recommended sanctions for each of the following: 17 proposed
Agreed Board Orders concerning pharmacy technicians and
pharmacy technician trainees who appeared for an Informal
Conference; and 19 proposed Default Board Orders concerning
pharmacy technicians and pharmacy technician trainees who did
not appear for an Informal Conference.
Agreed Board Orders
1. Kathy Sharon Hancock ABO #T-12-281-N
2. Che-Von Dante’ Dunn ABO #R-12-006-T
3. Donnetta Alexander ABO #T-12-016-N
4. Grace Abosede Asiwe ABO #T-13-012
5. Laquisha Wynette Day ABO #T-13-048-N
6. Oscar Nolazco ABO #T-12-532-N
7. Robert Allen Pinkard ABO #T-12-530
8. Giovanni Torres ABO #T-13-005
9. Crystal Mae Beltran ABO #T-13-067
10. Luke Bennett Dees ABO #T-12-499
11. Michael Anthony Ortiz ABO #T-12-520-N
12. Bessie Phillips ABO #T-13-063-N
13. Olga Marin Rodriguez ABO #T-12-464
14. Carlos Adrian Serrata ABO #T-12-569
15. Samantha Taraba ABO #T-13-053
16. Deloyd Herman Wheatley ABO #T-12-529
17. Gina Witherspoon ABO #T-13-102
Default Board Orders
18. Jasmine Dominique Esparza ABO #T-12-490
19. Homar Eluid Hernandez ABO #T-13-008
20. Norma Loredo ABO #T-13-092
21. Ashley Victoria Myers ABO #T-12-415-N
22. Paula Renee Pugh ABO #T-12-046
23. Connie Reed ABO #T-12-480
24. Alain Reyes ABO #T-12-500-N
25. Jasmine Denetra Robinson ABO #T-12-495-N
26. Harry Rick Siackasone ABO #T-12-494
27. Kendall Heard ABO #T-12-483-N
28. Hue Le ABO #T-12-518
29. George Johnny Martinez ABO #T-12-560
30. Argentina Rivera ABO #T-12-548
31. Jennifer Renee Sauceda-Diaz ABO #T-12-493
32. Shawntel Kaye Williams ABO #T-12-572
33. Ashley Renee Fitzpatrick ABO #T-12-207TSBP Board Business Meeting
Minutes/May 7, 2013
Page 11
34. Joshua Hicks ABO #T-13-152-N
35. Dylan James Newman ABO #T-13-137
36. Erin Ashley Woddail ABO #T-12-076
The motion was made by Mr. Fry to approve the 17 proposed Agreed
Board Orders concerning pharmacy technicians and pharmacy technician
trainees who appeared for an Informal Conference and 19 proposed
Default Board Orders concerning pharmacy technicians and pharmacy
technician trainees who did not appear for an Informal Conference.
The motion was seconded by Ms. Stine and passed as follows.
1. 5-0-1 Ms. Stine abstained
2. 5-0-1 Ms. Tipton abstained
3. 5-0-1 Mr. Wetherbee abstained
4. 5-0-1 Mr. Wetherbee abstained
5. 5-0-1 Mr. Wetherbee abstained
6. 5-0-1 Mr. Wetherbee abstained
7. 5-0-1 Mr. Wetherbee abstained
8. 5-0-1 Mr. Wetherbee abstained
9. 6-0-0
10. 6-0-0
11. 6-0-0
12. 6-0-0
13. 6-0-0
14. 6-0-0
15. 6-0-0
16 6-0-0
17. 6-0-0
18. 5-0-1 Ms. Tipton abstained
19. 5-0-1 Ms. Tipton abstained
20. 5-0-1 Ms. Tipton abstained
21. 5-0-1 Ms. Tipton abstained
22. 5-0-1 Ms. Tipton abstained
23. 5-0-1 Ms. Tipton abstained
24. 5-0-1 Ms. Tipton abstained
25. 5-0-1 Ms. Tipton abstained
26. 5-0-1 Ms. Tipton abstained
27. 5-0-1 Mr. Wetherbee abstained
28. 5-0-1 Mr. Wetherbee abstained
29. 5-0-1 Mr. Wetherbee abstained
30. 5-0-1 Mr. Wetherbee abstained
31. 5-0-1 Mr. Wetherbee abstained
32. 5-0-1 Mr. Wetherbee abstained
33. 6-0-0
34. 6-0-0
35. 6-0-0
36. 6-0-0TSBP Board Business Meeting
Minutes/May 7, 2013
Page 12
○ The Board reviewed the alleged violations, as well as the
recommended sanctions for each of the following: 12 proposed
Agreed Board Orders (Alternative Resolutions); 26 proposed
Agreed Board Orders concerning pharmacists, pharmacies,
students, and pharmacist-interns, who appeared for an Informal
Conference; and one proposed Agreed Board Order concerning a
pharmacist following a Temporary Suspension Hearing.
Agreed Board Orders (Alternative Resolutions)
1. Sara Elicia Garza ABO #E-13-004
2. Cindy Im ABO #H-12-005-A
3. Kgomotso Magosi ABO #H-12-027-A
4. Walgreen Co. #3441 ABO #H-12-026
5. Walgreen Co. #3638 ABO #H-12-037-B
6. Walgreen Co. #4099 ABO #H-12-004-B
7. Dorothy Owusu Ansah ABO #H-12-004-A
8. Walgreen Co. #4131 ABO #H-11-089-B
9. Tanya Renay Finlay ABO #H-11-089-A
10. Walgreen Co. #4899 ABO #H-13-008-B
11. Wilfred Cecil Cross ABO #H-13-008-A
12. Walgreen Co. #10613 ABO #K-12-033-B
Agreed Board Orders (Following an Informal Conference)
13. CVS/pharmacy #7682 ABO #B-11-037
14. Lawrence Bros. Pharmacy #1424 ABO #B-10-039-B
15. Steve H. Smith ABO #B-11-028
16. Julian Vargas IV ABO #B-11-029
17. M. Ricky McKeehan ABO #J-11-025
18. Pharmhouse Pharmacy ABO #B-09-022-B
19. Red Oak Drug, Inc. ABO #K-12-042-B
20. Michael L. Boyd ABO #K-12-042-A
21. Glenn Rhinehart ABO #L-13-005
22. Kevin James Rigsby ABO #E-10-022
23. Rx Perts ABO #K-11-027
24. Strawberry Family Drug & Pharmacy ABO #M-13-006
25. Kelley Latrece Lavallais ABO #M-13-005
26. Sullivan Pharmacy ABO #H-12-072-B
27. Joe D. Sullivan Jr. ABO #H-12-072-A
28. Target Store T-824 ABO #A-12-013
29. Triumph Pharmacy ABO #K-12-027-B
30. Sandra Salinas How ABO #K-12-027-A
31. George Ogbonna Udeani ABO #M-13-015
32. UPS Supply Chain Solutions, Inc. ABO #L-13-004
33. Walgreen Co. #03370 ABO #B-12-006
34. Walgreen Co. #4662 ABO #H-12-006-B
35. Walgreen Co. #6148 ABO #J-12-011-BTSBP Board Business Meeting
Minutes/May 7, 2013
Page 13
36. Walgreen Co. #15155 ABO #H-12-016-B
37. Walgreen Co. #7491 ABO #H-12-010
38. Walgreen Co. #7720 ABO #H-12-070
Agreed Board Orders (Following a Temporary Suspension
Hearing)
39. Esther Chinedozi Amaka ABO #A-13-063-A
The motion was made by Ms. Tipton to approve the 12 proposed Agreed
Board Orders (Alternative Resolutions); 26 proposed Agreed Board
Orders concerning pharmacists, pharmacies, students, and pharmacistinterns, who appeared for an Informal Conference; and one proposed
Agreed Board Order concerning a pharmacist following a Temporary
Suspension Hearing.
The motion was seconded by Mr. Wetherbee and passed as follows.
1. 6-0-0
2. 6-0-0
3. 6-0-0
4. 6-0-0
5. 6-0-0
6. 6-0-0
7. 6-0-0
8. 6-0-0
9. 6-0-0
10. 6-0-0
11. 6-0-0
12. 6-0-0
13. 5-0-1 Mr. Wiesner abstained
14. 5-0-1 Ms. Stine astained
15. 5-0-1 Mr. Wiesner abstained
16. 5-0-1 Ms. Stine abstained
17. 5-0-1 Mr. Abeldt abstained
18. 5-0-1 Mr. Wetherbee abstained
19. 5-0-1 Mr. Wetherbee abstained
20. 5-0-1 Mr. Wetherbee abstained
21. 5-0-1 Mr. Wetherbee abstained
22. 5-0-1 Mr. Fry abstained
23. 6-0-0
24. 5-0-1 Mr. Wetherbee abstained
25. 5-0-1 Mr. Wetherbee abstained
26. 6-0-0
27. 6-0-0
28. 5-0-1 Ms. Stine abstained
29. 5-0-1 Ms. Tipton abstainedTSBP Board Business Meeting
Minutes/May 7, 2013
Page 14
30. 5-0-1 Ms. Tipton abstained
31. 5-0-1 Mr. Wetherbee abstained
32. 6-0-0
33. 6-0-0
34. 5-0-1 Mr. Wiesner abstained
35. 5-0-1 Mr. Wiesner abstained
36. 5-0-1 Mr. Wiesner abstained
37. 5-0-1 Mr. Wiesner abstained
38. 6-0-0
39. 5-0-1 Mr. Wetherbee abstained
○ The Board reviewed the alleged violations and the Temporary
Suspension Orders entered following a Temporary Suspension
Hearing concerning a pharmacy and a pharmacist.
1. Express Pharmacy ABO #A-12-025-B
2. Esther Chinedozi Amaka ABO #A-12-025-A
● Confidential Agreed Board Orders (Tab 28)
The Board reviewed the alleged violations, as well as the recommended
sanctions for each of the following: three proposed Confidential Agreed
Board Orders (Alternative Resolution); one proposed Confidential Agreed
Board Order following a Mediated Settlement Conference; 15 proposed
Confidential Agreed Board Orders following an Informal Conference;
and one Confidential Default Board Order concerning a pharmacist who
did not appear for an Informal Conference.
Agreed Board Orders (Alternative Resolution)
1. ABO #G-12-034
2. ABO #N-13-014
3. ABO #N-13-016
Agreed Board Order (Following a Mediated Settlement
Conference)
4. ABO #N-12-014
Agreed Board Orders (Following an Informal Conference)
5. ABO #N-13-021
6. ABO #G-13-010
7. ABO #M-13-017
8 ABO #N-12-021
9. ABO #M-13-010
10. ABO #G-12-030
11. ABO #G-13-007
12. ABO #M-12-015
13. ABO #L-12-026TSBP Board Business Meeting
Minutes/May 7, 2013
Page 15
14. ABO #N-13-009
15. ABO #M-13-019
16. ABO #N-13-012
17. ABO #N-12-033
18. ABO #N-13-018
19. ABO #E-12-012
Default Board Order
20. ABO #N-13-015
The motion was made by Mr. Abeldt to approve the three proposed
Confidential Agreed Board Orders (Alternative Resolution); one proposed
Confidential Agreed Board Order following a Mediated Settlement
Conference; 15 proposed Confidential Agreed Board Orders following
an Informal Conference; and one Confidential Default Board Order
concerning a pharmacist who did not appear for an Informal Conference.
The motion was seconded by Mr. Wetherbee and passed as follows:
1. 6-0-0
2. 6-0-0
3. 6-0-0
4. 6-0-0
5. 6-0-0
6. 6-0-0
7. 5-0-1 Mr. Wetherbee abstained
8. 5-0-1 Mr. Wiesner abstained
9. 5-0-1 Mr. Wiesner abstained
10. 6-0-0
11. 6-0-0
12. 5-0-1 Mr. Fry abstained
13. 5-0-1 Mr. Wetherbee abstained
14. 5-0-1 Mr. Wiesner abstained
15. 6-0-0
16. 6-0-0
17. 5-0-1 Mr. Wetherbee abstained
18. 5-0-1 Mr. Wiesner abstained
19. 5-0-1 Mr. Wetherbee abstained
20. 6-0-0
G. Consideration of and Possible Action Concerning Enforcement Reports
● Petition to Serve as a Preceptor
Under Board Rule §283.6, a pharmacist who has been the subject of an
order of the Board may not serve as a preceptor if the pharmacist has
been the subject of a Board order during a three-year period immediately TSBP Board Business Meeting
Minutes/May 7, 2013
Page 16
preceding application for approval as a preceptor. However, a pharmacist
who is or has been the subject of an order may petition the Board to act
as a preceptor. The Board reviewed a petition from the following
individuals to determine whether the petitions met the requirements of
§283.6 (c).
ס Deborah L. Altsman, R.Ph. (Tab 29)
Ms. Fisher reviewed the petition from Deborah L. Altsman, R.Ph.
The motion was made by Ms. Tipton that the Board grant the
petition of Deborah L. Altsman, R.Ph., to serve as a preceptor. The
motion was seconded by Mr. Fry and passed 6-0-0.
ס Jennifer Ann Miller, R.Ph. (Tab 30)
Ms. Fisher reviewed the petition from Jennifer Ann Miller, R.Ph.
The motion was made by Mr. Abeldt that the Board grant the
petition of Jennifer Ann Miller, R.Ph., to serve as a preceptor. The
motion was seconded by Mr. Wetherbee and passed 6-0-0.
Ms. Arnold reported that the staff was requesting that the Board allow staff
to review preceptor petitions with the Executive Director approving the
granting or denying of the petitions on behalf of the Board.
The motion was made by Mr. Wetherbee to allow Board staff to review
preceptor applications and for the Executive Director to approve on behalf
of the Board. The motion was seconded by Mr. Fry and passed
unanimously
Ms. Stine left the meeting at 3:08 p.m.
● Report on Complaints Closed and Dismissed During the Previous Quarter
(Tab 31)
The Board received a report on complaints dismissed and closed the first
two quarters of FY2013 (September 1, 2012 – February 28, 2012). The
report also included quarterly averages for FY2012 as compared to
FY2013, as well as percentage change from FY2012 to FY2013.
Ms. Fisher reviewed the report for the Board.
● Report on Status of Active/Pending Complaints (Tab 32)
The Board received a Report on Status of Active/Pending Complaints.
Ms. Fisher reviewed the report for the Board.TSBP Board Business Meeting
Minutes/May 7, 2013
Page 17
G. Miscellaneous
● Items to be Placed on Agenda for May Board Meeting (Tab 33)
ס Amendments to add auto refill requirements to the rules concerning
Class E pharmacies.
ס Amendments to §291.34 concerning records in Class A
pharmacies.
ס Amendments to §291.32 concerning pharmacist to technician ratio.
ס Amendments to §291.17 concerning inventory requirements.
ס Discussion concerning DPS rules on electronic prescriptions
for Schedule CII – CV drugs.
● Discussion of and Possible Action on Recent Conferences and Events
The Board discussed Board Member attendance at recent conferences
and events.
● Discussion of and Possible Action on Upcoming Conferences and Events
The Board discussed Board Member and Executive Director attendance
at upcoming conferences and events.
President Waggener adjourned the meeting at 3:20 p.m.
APPROVED:
_____________________________________
Jeanne D. Waggener, R.Ph.
President
___________________________________
Gay Dodson, R.Ph.
Executive Director/Secretary
August 6, 2013TEXAS STATE BOARD OF PHARMACY
333 Guadalupe Street Suite 3-600 Austin, Texas 78701-3943 512-305-8000(voice) 512-305-8082(fax) www.tsbp.state.tx.us
June 27, 2013
Minutes of the Temporary Suspension Hearing
of Nathan John Hellums (Pharmacist License #17146)
Dennis Wiesner, R.Ph., Chair of the Disciplinary Panel, called the meeting to order at
9:03 a.m., in conference room number 400A, Tower II, 333 Guadalupe Street, Austin,
Texas 78701. Board Members, Jeanne D. Waggener, R.Ph., and Phyllis A. Stine,
appeared telephonically, as the other two members of the Disciplinary Panel.
Staff present: Kerstin E. Arnold, General Counsel and Kerry D. Sullivan, Litigation
Counsel.
Respondent: Nathan John Hellums (Pharmacist License #17146), who was not present
but represented by Hector DeLeon.
Court Reporter: Crystal Greer.
A. Opening:
The Chair called the case of the Petition for the Temporary Suspension in the
Matter of Nathan John Hellums (Pharmacist License #17146). He inquired into
whether or not a panel member wished to be recused. All panel members
responded negatively.
The Chair requested the parties to go on record stating their names and who they
are representing.
Board Staff: Kerry D. Sullivan, attorney for the Board Staff.
Respondent: Hector DeLeon, attorney for Nathan John Hellums (Pharmacist
License #17146).
B. Presentation by Board’s Attorney, Kerry D. Sullivan:
1. Verbal synopsis of allegations and terms of proposed Agreed Temporary
Suspension Order.
C. Presentation by Respondent’s Attorney, Hector DeLeon:
1. Acknowledgement of receipt of the proposed Agreed Temporary
Suspension Order and approval as to form.Temporary Suspension Minutes
December 1, 2011
Page 2
D. Motions:
1. A motion was made by Ms. Waggener to accept the proposed Agreed
Temporary Suspension Order in the Matter of Nathan John Hellums
(Pharmacist License Number 17146), presented by the Board. The motion
was seconded by Ms. Stine. The motion passed unanimously.
The Chair announced that the motion to accept the proposed Agreed
Temporary Suspension Order passed and that the Pharmacist License of
Nathan John Hellums, Number 17146, was suspended effective
immediately and would remain so until further action of the Board.
Chair Wiesner adjourned the hearing at 9:10 a.m.
APPROVED:
_____________________________
Dennis F. Wiesner, R.Ph.
Chair
_____________________________
Gay Dodson, R.Ph.
Executive Director/Secretary
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