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Action Items

OCTOBER 2001 BOARD MEETING

COMMUNICATIONS AND PUBLIC EDUCATION COMMITTEE

The board:

  • Reported on the approval of a newly created position in the board's budget for 2001/02. This position will prepare consumer education materials, coordinate public outreach activities and respond to press inquiries.
  • Reported that Health Notes #5 on Alternative Medicines was published and distributed in July 2001.
  • Reported that Health Notes #7 on Quality Assurance Programs is under development. This Health Notes will aid pharmacies in complying with the requirements to establish quality assurance programs to reduce prescription errors. The goal is to develop and publish this issue this fiscal year (by June 30, 2002).
  • Reported that Health Notes #8 on Geriatrics will be published next fiscal year 2002/03. The UCSF, School of Pharmacy has obtained outside funding to develop this manuscript, and the board will fund the publishing and its distribution.
  • Reported that the design of the "Notice to Consumer" is still pending awaiting a signed contract with the graphic artist.

LICENSING COMMITTEE

The board:

  • Voted to amend California Code of Regulations section 1717(e) to allow a pharmacy to deliver prescriptions to a non-pharmacy location where the patient receives health care even though the patient is not present at the time of the delivery.
  • Reported that the Pharmacy Manpower Task Force - a working to ensure patient access to pharmacists' care and prescriptions held its last meeting on October 10, 2001. The consultant is finalizing the report that will go to the board at its January 2002 meeting.
  • Reported that staff is working with the National Association of Boards of Pharmacy (NABP) to draft a Letter of Agreement between California and NABP regarding the use of the national examination and the development of the California Multi-State Jurisprudence Pharmacy Examination (MPJE). The draft Letter of Agreement will incorporate many of the recommendations from the independent audit and include participation of representatives from the board's Competency Committee (subject matter experts) on the various NAPLEX review committees.
  • Reported that Assemblywoman Virginia Strom-Martin amended AB 108 to authorize the use of NAPLEX and the MPJE. This is a two-year bill and if passed, would not become effective until January 2003.
  • Received a request from the California Society of Health-System Pharmacists to reconsider the procedures for approving continuing medical education for pharmacist's continuing education requirements.

ENFORCEMENT COMMITTEE

The board:

  • Approved the proposed procedures for the Implementation of the Cite and Fine and Quality Assurance regulations.
  • Approved a revision to its Complaint Disclosure Policy that includes the disclosure of a summary of the "corrections ordered" during a routine compliance inspection. "Corrections ordered" are minor violations of law found during a inspection and are reported on the inspection form.
  • Approved a revision to its Complaint Disclosure Policy that includes the disclosure of a summary of the "corrections ordered" during a routine compliance inspection. "Corrections ordered" are minor violations of law found during a inspection and are reported on the inspection form.

LEGISLATION AND REGULATION COMMITTEE

The board:

  • Voted to support legislation that would allow a pharmacy technician to check another pharmacy technician filling unit-dose cassettes in an inpatient hospital pharmacy. The hospital inpatient pharmacy would be required to apply to the board for a special waiver that would be renewed annually. The criteria for the waiver would be specified in legislation and would include at least the following: the hospital has a clinical pharmacy program, the "checking" technician has specialized training and is PTCB certified, the pharmacy has an ongoing quality assurance review and the board performs an annual inspection of the pharmacy prior to renewing the waiver.
  • Was advised that the comment period for the proposed Quality Assurance regulations had closed and that the rulemaking file had been submitted to the Department of Consumer Affairs for review.
  • Was advised that California Code of Regulations (CCR) section 1715, that amended the board's self-assessment forms, was approved by the Office of Administrative Law and became effective September 23, 2001.
  • Was advised that CCR section 1760, that amends the board's disciplinary guidelines, was approved by the Office of Administrative Law and becomes effective November 3, 2001.
  • Noticed the proposed action to adopt CCR 1777, which would implement citation and fine authority granted to the board by the provisions of Senate Bill 19 (Chapter 526, Statutes of 1999) and Senate Bill 1828 (Chapter 681, Statutes of 200) for violations of patient privacy provisions and internet dispensing of prescription medication without a good faith examination by a prescriber.
  • Held an informational hearing on the following proposed regulations:

    • Adopt CCR 1706.3 - Privacy of Financial Records
    Repeal Section CCR 1717.2 - Common Electronic Records
    Amend Section CCR 1720.1 - Foreign Graduates
    Amend CCR Section 1745 - Partial Fill of Schedule II Prescriptions
    Amend CCR Section 1784 - Definition of A Wholesaler
    Adopt CCR Section 1793.8 - Technician checking Technicians in an Inpatient Hospital Pharmacy Filling Unit-Dose Cassettes

  • Reported on the status of the following legislative bills:

    AB 809 (Salinas) - Permits clinics licensed by the board to used automated dispensing devices controlled by a pharmacist - Chaptered (Signed by the Governor and becomes law on January 1, 2002)
    AB 826 (Cohn) - Permits pharmacists to provide consulting services in unlicensed care settings. Permits pharmacists to initiate prescriptions under protocol in outpatient settings - Chaptered
    SB 293 (Torklakson) - Requires pharmacies engaging in sterile compounding to obtain an additional license from the board. Requires that sterile compounding be performed in a manner consistent with guidelines adopted by the board. Exempts pharmacies licensed either by the board or by the Department of Health Services and accredited by the Joint Commission on the Accreditation of Health Care Organizations from the new compounding licensing requirement in this bill. - Chaptered
    SB 340 (Speier) - Permits non-profit clinics to contract with pharmacies to distribute drugs purchased in the 340B drug discount program. Also permits pharmacists to make dosage form changes. - Chaptered
    SB 724 (Business and Professions Committee) - Omnibus bill - Makes various technical changes to pharmacy law, such as: allows a pharmacy at a patient's request to repackage a drug previously dispensed to a patient, revises the requirements for licensure as an exemptee of a wholesale facility, and makes the record of a cash compromise for a violation related to the Medi-Cal program conclusive evidence of unprofessional conduct. Chaptered
    AB 207(Mathews) - Requires standard drug benefit information to be on any health insurance identification card - Chaptered
    AB 586 (Nation) - Clarifies existing law relating to pharmacists performing clinical laboratory tests - Chaptered
    SB 633 (Sher) - Requires all retail outlets selling mercury fever thermometers to obtain a hypodermic needle and syringe license - Chaptered
    SB 1000 (Johannessen) - Requires the Department of Justice to study the CURES program and report to the Legislature on how to improve it. Provides general fund support to pay for CURES. Permits prescribers and pharmacists to obtain CURES data regarding their patients - Vetoed (The Governor did not sign the bill.)
    SB 1169 (Alpert) - Permits pharmacists to dispense emergency contraceptive drugs to patients under protocol - Chaptered

ORGANIZATIONAL DEVELOPMENT COMMITTEE

The board:

  • Reported the budget change proposals that were submitted for future budget years. They included a budget realignment request for $854,000, a management reorganization request to establish two supervising inspector positions, one chief of enforcement, and one attendance clerk, and a request for one analyst and one clerical position for the Complaint Unit.
  • Reported that the board currently has three inspector vacancies, three analyst vacancies and two clerical vacancies.
  • Approved the minutes of the July 2001 meeting.