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Action Items

APRIL 2002 BOARD MEETING

COMMUNICATIONS AND PUBLIC EDUCATION COMMITTEE

The board:

  • Adopted the amendments to California Code of Regulations (CCR) 1707.2, which revised the poster language for the “Notice to Consumers.”
  • Reported that this committee will be developing the fact sheet on the use of emergency contraception as required by SB 1169. Until the board develops this fact sheet, pharmacies can use the fact sheet prepared by the Pharmacy Access Partnership. This fact sheet was published in the board’s newsletter The Script and is available on its website.
  • Reported that Health Notes #6 on Quality Assurance Program should be released by June 30, 2002.
  • Reported that Health Notes #7 on Geriatrics is under development with the goal of distributing it by January 2003.
  • Reported that it will update its website to include the new consumer information that will be required on the labels of over-the-counter medications in May 2002.
  • Reported that the publications and public outreach positions are still frozen by the Governor’s hiring freeze. This means that the publication of The Script and public education outreach efforts are put on hold until the positions can be filled. The board will write a letter to the Governor’s Office requesting the need for the publication and public outreach positions.
  • Approved the committee’s strategic objectives for 2002/03.

LICENSING COMMITTEE

The board:

  • Took a position of support to use the Pharmacy Technician Certification Board (PTCB) as another alternative to qualify as a registered pharmacy technician. To use the PTCB as a qualifier would require legislation.
  • Agreed to explore the feasibility of using the PTCB examination as the standard qualifier to register as a pharmacy technician and to determine what expanded duties a PTCB registered pharmacy technician can perform.
  • Took a position of support to allow a pharmacist at his/her discretion to supervise two interns. To implement this authority would require legislation.
  • Agreed to increase the number of clerk-typists that a pharmacist at his/her discretion can supervise. To change the number of clerk-typists that a pharmacist can supervise would require a regulation change.
  • Agreed to expand the authority for central fill to hospital inpatient pharmacies. To expand central fill to hospital inpatient pharmacies would require a regulation change.
  • Agreed to explore the feasibility of offering the California pharmacist licensure examination more than twice a year.
  • Agreed to assist candidates preparing for the California pharmacists licensure examination by developing (or fostering the development of) educational programs and information on how to prepare for the pharmacist examination and by requesting that outside agencies (schools of pharmacy and private educational organizations) develop exam workshops that prepare applicants for the California pharmacist licensure examination.
  • Took a support position for a scholarship or grant program for pharmacy students to practice in underserved areas.
  • Took a support position to authorize the board grant waivers for technical or other practice innovations while under study in a health care school.
  • Took a support position to allow a pharmacist to be a pharmacist-in-charge at two pharmacies. To allow a pharmacist to be in charge of two pharmacies will require a regulation change.
  • Referred to the committee for consideration the staffing ratios in pharmacies.
  • Agreed to modify the exemptee program to require that an applicant be at least 18 years old and that an exemptee-in-charge be based in California. These proposed changes will require legislation.
  • Approved the request from St. Joseph’s Immediate Care Pharmacy and Ramona Pharmacy for waiver of California Code of Regulations section 1717(e) to allow the delivery of prescription drugs to a medical clinic.
  • Reported that the National Association of Boards of Pharmacy appointed three California representatives (and former Competency Committee members) to the NAPLEX review committee.
  • Directed the committee to evaluate the authority for the Licensing Committee to approve waivers from pharmacies to depot filled prescription medications at locations where the patient receives patient care.

ENFORCEMENT COMMITTEE

The board:

  • Created a Citation and Fine Committee consistent with the provisions of California Code of Regulations section 1775, which replaces the Compliance Committees. The Citation and Fine Committee will be responsible for issuing citations and fines for violations of pharmacy laws.
  • Delegated its authority to the Board President or in his/her absence, the Vice-President, the authority to either stay an effective date of a disciplinary order to allow the board to consider a petition for reconsideration, or not to take action and consider the petition denied. The board also delegated to its staff counsel the authority to sign the stay or reconsideration on behalf of the Board President or Vice President.
  • Decided not to amend California Code of Regulations section 1715.6 to require a pharmacy to report only those losses of controlled substances that are deemed “significant.” Kaiser Permanente made this request.
  • Approved the committee’s strategic objectives for 2002/03.
  • Reviewed the proposed Complaint Disclosure Policy for the Department of Consumer Affairs.

LEGISLATION AND REGULATION COMMITTEE

The board:

  • Adopted amendments to California Code of Regulations section 1707.2. This amendment revises the language on the Notice to Consumers posted in every community pharmacy.
  • Held an informational hearing on the proposed guidelines for compounding injectible sterile drug products.
  • Reported that the Department of Consumer Affairs approved the proposed regulations establishing a citation and fine for patient privacy and Internet dispensing violations. The regulations will be submitted to the Office of Administrative Law once the Department of Finance approves the fiscal impact statement.
  • Approved the committee’s strategic objectives for 2002/03.
  • Took positions on the following legislative bills:

    • AB 269 (Correa) – Support
    AB 2045 (Matthews) – Oppose unless Amended
    AB2165 (Strom-Martin) – Oppose Unless Amended
    AB 2191 (Migden) – Support if Amended
    AB 2655 (Matthews) - Support
    AB 2935 (Strom-Martin) – Support if Amended
    SB 1558 (Figueroa) – Support if Amended
    SB 1750 (Speier) – Support if Amended
    SB 1785 (Vasconcellos) – Support
    SB 2018 (Figueroa) – Support
    SB 2024 (Figueroa) – Support

ORGANIZATIONAL DEVELOPMENT COMMITTEE

The board:

  • Reported that the Department of Finance and the Legislature approved a Spring Finance Letter to implement SB 293 (licensure of pharmacies that perform sterile compounding). The amount approved was reduced from the board’s initial request, but should be sufficient unless a large number of pharmacies apply for this specialty license ($309,000 in 2002/03 and $272,000 ongoing). The funding includes one supervising inspector, one inspector and one managementservices technician.
  • Reported that the Governor instituted a hiring freeze on October 23, 2001, resulting in the board being left with seven vacant positions in its Sacramento office. New hires, transfers from other (non-board) agencies or promotions have all been “frozen” by the executive order. In December exemptions from the hiring freeze were sought for three of the seven positions with critical board impact. In late March, only one of the three exemptions was approved.
  • Approved the committee’s recommendation to submit a budget change proposal of $530,000 for 2002/03, and $618,000 for ongoing expenditures. This is a budget realignment to provide funding to budget areas under-funded in prior years, but which were partially funded from salary savings from unfilled inspector positions or redirected from other budget areas.
  • Approved the committee’s recommendation to submit the following budget change proposals for 2003/04:

    • $130,000 for one analyst and one clerical position for the Complaint Unit to process, monitor and mediate complaints and investigations, and meet the increased workload expected from establishing an 800-telephone line for consumers that will be printed on the revised Notice to Consumers.
    $600,000 for drug buys and one staff person to form an aggressive unit to investigate and prosecute pharmacies that dispense prescription drugs from the Internet.

  • Approved the committee’s strategic objectives for 2002/03.
  • Held its annual strategic planning session and substantially revised its vision and mission statements. The board will continue to update its goals, strategic objectives and outcomes.
  • Established its meeting dates for 2003.
  • Approved the January 2002 board meeting minutes.
  • Elected John Jones – President, Don Gubbins – Vice-President, and Caleb Zia – Treasurer.
  • Considered the public comments on the following agenda items: New Business/Agenda Items for Future Board Meetings and Matters Not on the Agenda: Photographic Licenses for Pharmacists, Disaster Preparedness and Planning HIPPA Requirements – Overlap of State and Federal Laws (Impact on Pharmacies/Pharmacists)