Minutes – October 2-3, 2019

Page 1 of 11

BOARD MEETING MINUTES

Oregon Board of Pharmacy 800 NE Oregon St., Ste. 150

Portland, OR 97232 October 2-3, 2019

The mission of the Oregon State Board of Pharmacy is to promote, preserve and protect the public health, safety and welfare by ensuring high standards in the practice of pharmacy and by regulating the quality, manufacture,

sale and distribution of drugs.

WEDNESDAY, OCTOBER 2, 2019

President Cyndi Vipperman called the meeting to order at 8:35AM

Roll Call Cyndi Vipperman, President Shannon Beaman, Vice President Roberto Linares Dianne Armstrong Rachael DeBarmore Tim Logan Wassim Ayoub Michelle Murray Public Member, Vacant

The following staff members will be present for all or part of this session: Joe Schnabel, Executive Director - excused Karen MacLean, Administrative Director Brianne Efremoff, Compliance Director Chrisy Hennigan, Licensing Manager Fiona Karbowicz, Pharmacist Consultant Rachel Melvin, Operations Policy Analyst Joe Ball, Chief Investigator Katie Baldwin, Inspector Laura Elvers, Inspector Cheryl Fox, Inspector Jane Gin, Inspector Brian Murch, Inspector Annette Gearhart, Compliance Secretary Kim Oster, Compliance Coordinator Loretta Glenn, Management Secretary Tom Cowan, Sr. AAG – Board Counsel

Agenda Review and Approval

MOTION Motion to approve the agenda was made and unanimously carried (Motion by Ayoub, seconded by Armstrong).

EXECUTIVE SESSION – NOT OPEN TO THE PUBLIC, pursuant to ORS 676.175, ORS 192.660 (1) (2) (f) (L).

MOTION Motion to enter Executive Session at 8:40AM was made and unanimously carried (Motion by Beaman, seconded by Ayoub).

Deliberation on Disciplinary Cases and Investigations

Minutes – October 2-3, 2019

Page 2 of 11

MOTION Motion to resume Open Session at 1:05PM was made and unanimously carried (Motion by Linares, seconded by Armstrong). Acknowledge Compliance Secretary Annette Gearhart’s Retirement and 30 years of state service. Compliance Director Brianne Efremoff provided comments. The Board and staff congratulated Annette on her upcoming retirement and thanked her for her many years of service to the Board and Agency.

MOTION Motion to resume Executive Session at 1:28PM was made and unanimously carried (Motion by Beaman, seconded by Ayoub).

Contested Case Deliberation pursuant to ORS 192.690(1) – Not open to the public

MOTION Motion to resume Open Session at 4:55PM was made and unanimously carried (Motion by Beaman, seconded by Linares).

Adjourn

MOTION Motion to adjourn at 4:55PM was made and unanimously carried (Motion by Beaman, seconded by Linares).

THURSDAY, OCTOBER 3, 2019

President Cyndi Vipperman called the meeting to order at 8:33AM Roll Call Cyndi Vipperman, President Shannon Beaman, Vice President Roberto Linares Dianne Armstrong Rachael DeBarmore Tim Logan Wassim Ayoub Michelle Murray Public Member, Vacant The following staff members will be present for all or part of this session: Joe Schnabel, Executive Director Karen MacLean, Administrative Director Brianne Efremoff, Compliance Director Chrisy Hennigan, Licensing Manager Fiona Karbowicz, Pharmacist Consultant Rachel Melvin, Operations Policy Analyst Joe Ball, Chief Investigator Katie Baldwin, Inspector Laura Elvers, Inspector Cheryl Fox, Inspector Jane Gin, Inspector Brian Murch, Inspector

Minutes – October 2-3, 2019

Page 3 of 11

Annette Gearhart, Compliance Secretary Kim Oster, Compliance Coordinator Loretta Glenn, Management Secretary Tom Cowan, Sr. AAG – Board Counsel

Motions for Contested Cases & Disciplinary Action – see the end of this document

GENERAL ADMINISTRATION Rules Review Rulemaking Hearing Report and Comments Rachel Melvin, Rules Coordinator and Hearings Officer provided an overview of the Hearing report.

• 35- 40 people attended, 26 signed in • 1 person spoke who hadn’t sent in written testimony • 8 people spoke and submitted written testimony • 26 people total submitted written comments • Compounding - most comments centered around costs, accreditation, suggested

language revisions for the Board to consider and general questions • Prescribing – all comments received support the purposed language with one

suggestion proposed.

MOTION Motion to accept the 9/24/19 Rulemaking Hearing Report was made and unanimously carried (Motion by DeBarmore, seconded by Armstrong).

Consider Adoption of Rules Division 006 & 045 Drug Compounding & Definitions Fiona Karbowicz reviewed the current proposed language and stated that there are policy items and language revisions due to the number of comments received from the Rulemaking Hearing in the areas of accreditation, as well as USP’s recent announcement that due to appeals they are delaying their 12/1/19 implementation date. Some of the written comments received asked several questions for which there are no specific answers; she suggested FAQs could reconcile the inquiries during the interim until USP provides solid guidance via standards in the future. The Board reviewed the proposed edits in the Registration section and recommended dropping the requirement for outside accreditation at this time. Concerns still exist related to overall patient safety. The Board noted that more insurance companies and payers are requiring accreditation, and outlets and licensees should be ready and know what to expect and they still have to follow the chapters regardless if additional accreditation requirements are in the rules. From the testimony received, patient access is a concern. These proposed rules do not explicitly address USP’s current stance on outpatient medication flavoring. Joe Schnabel stated that he just returned from NABP Executive Directors meeting with multiple state boards and stated that the general conclusion from his other state colleagues will not be requiring accreditation and are using the critical point training for their inspectors similar to what our state is doing. The Board had a brief discussion, including inspectors’ qualifications and awaiting final USP standards. The Board proceeded to review, discussing edits to the rule language in various

Minutes – October 2-3, 2019

Page 4 of 11

sections of the rules; policy items identified to revisit include compounding for veterinary office use, non-patient specific compounded drug distribution, and the definition of compounding.

MOTION Motion to send Compounding rule revisions in OAR 855 Division 006 and 045 to rulemaking hearing was made and unanimously carried (Motion by Ayoub, seconded by Murray).

Division 019 and 020 – Prescribing Practices and Formulary Fiona Karbowicz reviewed the current proposed language; the Board had a few comments about the “face to face” language and reaffirmed the requirement for the pharmacist to provide a face-to-face patient assessment. They agreed to adopt rule as proposed.

MOTION Motion to adopt amended rules in OAR Chapter 855, Division 019 and 020 was made and unanimously carried (Motion by Armstrong, seconded by Ayoub).

Consider Adoption of Temporary Rules – none

Consider sending rules to Rulemaking Hearing Division 010 – Military Spouse/Domestic Partner Temporary Authorization SB 688/HB 3030 Licensing Manager Chrisy Hennigan reviewed the proposed language for this new rule initiated by Senate Bill 688 and House Bill 3030 that establish a temporary authorization for Military Spouse/Domestic Partner.

Individuals under these circumstances are directed to contact the office for additional information so that they can make an informed licensing decision. The requirements of a background check, the MPJE and required documentation for licensure are not changed by these rules. If a temporary authorization is obtained, license expiration dates are dependent on the date of licensure; when the military duty is completed in Oregon or; the date the person’s authorization issued by another state expires and are nonrenewable. Licensure via reciprocity would not have the date restrictions of a temporary authorization and is renewable. MOTION Motion to send Military Spouse/Domestic Partner Temporary Authorization rule in OAR 855 Division 010 to rulemaking hearing was made and unanimously carried (Motion by DeBarmore, seconded by Armstrong). For clarification, one minor edit was identified for grammar a correction and the Board re-motioned to make the record accurate. MOTION Motion to send Military Spouse/Domestic Partner Temporary Authorization rule in OAR 855 Division 010 as revised to rulemaking hearing was made and unanimously carried (Motion by DeBarmore, seconded by Armstrong).

Minutes – October 2-3, 2019

Page 5 of 11

Division 019 & 041 – Naloxone SB 910 Fiona Karbowicz reviewed the proposed rule and suggested edits to meet new statutory requirements that pharmacists may offer naloxone to a patient when filling an opioid prescription for greater than an opiate in excess of a morphine milligram equivalent (MME) per day dosage, established by Board rule. The Board determined that 50MME corresponds to standard guidelines. These proposed language edits also incorporate the requirement for outlets to provide written notice of naloxone availability in a pharmacy that provides naloxone services. She stated that the intent of this statute is to increase the patient’s access to naloxone and the outlet’s flexibility on how to implement.

MOTION Motion to send Naloxone policy rule revisions in OAR 855 Division 019 and 041 to rulemaking hearing was made and unanimously carried (Motion by Ayoub, seconded by Murray). The Board discussed the provision of naloxone services at a pharmacy is voluntary. The Board reviewed the statutory language and made a revision to the proposed rule language. MOTION Motion to send as revised Naloxone policy rule revisions in OAR 855 Division 019 and 041 to rulemaking hearing was made and unanimously carried (Motion by DeBarmore, seconded by Murray).

Division 019 - Contraception prescribing (age 18 law sunset) ORS 689.689 Fiona Karbowicz reviewed the proposed revisions related to repealing language from the original contraceptive bill which noted a restriction of “at least 18 years of age” and evidence of a previous prescription. The legislation noted a repeal of that restriction effective 1/1/2020, if there we no identified problems. Repealing the age restriction accomplishes the directive of the sunset clause.

MOTION Motion to send Contraceptive Prescribing rule revisions in OAR 855 Division 019 to rulemaking hearing was made and unanimously carried (Motion by Ayoub, seconded by Armstrong).

Division 019 & 031 – FPGEC SB 855

Chrisy Hennigan reviewed SB 855, which requires licensing boards to study the manner in which an agency can reduce licensure barriers to immigrants or refugees. In response, the rule is revised to permit an applicant to provide a copy of the original FPGEC certificate (that cannot be replaced), to rulemaking. The agency will report this proposed change in its report to the legislature. MOTION Motion to send Foreign Pharmacy Graduate Examination Committee (FPGEC) rule revisions in OAR 855 Division 019 and 031 to rulemaking hearing was made and unanimously carried (Motion by Beaman, seconded by Armstrong).

Minutes – October 2-3, 2019

Page 6 of 11

Division 080 – Controlled Substances – Animal Euthanasia SB 71

Fiona Karbowicz provided the Board a second look at the animal euthanasia drug outlet rules. The proposed language will incorporate controlled substance accountability, oversight and expectations for animal euthanasia drug outlets, particularly due to Senate Bill 71’s addition of sedative & analgesic drugs used for humane euthanasia. The Oregon Veterinary Medical Examining Board (OVMEB) plans to create a formulary of about three sedative/analgesic drugs that will be permitted. She stated that not all outlets have on-site veterinarians; therefore, the accountability lines need to be more defined. The drugs will be ordered on the outlet’s DEA registration, not on that of the veterinarian. OBOP will be inspecting the locations in 2020, and will work in tandem with OVMEB regarding identified concerns. We have asked for clarity from OVMEB about Certified Euthanasia Technician (CET) certification – staff to keep OBOP informed as we learn more. FYI: Limited disciplinary options in both OBOP and OVMEB regulations (per statute) – essentially there is only the ability to suspend or revoke the outlet, which is not ideal if the people (CET, veterinarian, manager, etc.) are responsible for compliance or diversion issues at the outlet. Staff are working with OVMEB for options to reconcile this. MOTION Motion to send Animal Euthanasia Drug Outlet rule revisions in OAR 855 Division 080 to rulemaking hearing was made and unanimously carried (Motion by Ayoub, seconded by Murray).

Public Health and Pharmacy Formulary Advisory Committee Fiona Karbowicz stated that they approved the Committees meeting minutes from their last meeting and have an upcoming meeting on October 25th. Follow up work will continue at the next Committee meeting on Nicotine Replacement Therapy (NRT) and Non-NRT Smoking Cessation, Pre-Travel Medications and Non-Occupational Post Exposure Prophylaxis.

Discussion Items Policy Items for Discussion/Updates: APhA Contraceptive Training Program Fiona Karbowicz reported that APhA provided some answers to Board member questions from the August meeting and they indicated that they would provide the rest of the information possibly for the Board to review at an upcoming meeting. Fiona asked the Board if they had any additional questions for APhA and the Board provided no additional directives.

OSU Emergency Refills of Insulin Training Program

Fiona Karbowicz stated that the rules in Division 019 and 020 were adopted earlier during this Board meeting; scope for a pharmacist’s prescribing emergency refills of insulin was added to the rules. In response to SB 9 there is a required “Board approved” ACPE training program specifically related to a pharmacist prescribing emergency insulin refills. The Board received an outlined program and associated documents from OSU for the Board’s review and approval. The Board discussed the content and it’s alignment with the law.

Minutes – October 2-3, 2019

Page 7 of 11

Pharmacists and subject matter experts, Craig Williams, Sharon Rask from OSU College of Pharmacy were invited to join the conversation with Lorinda Anderson who attended by phone, along with Christina Heinrich a Clinical Specialty Pharmacist from the Eugene VA Clinic. After a robust discussion, the Board asked staff to work with OSU to modify the program’s legal elements and provide for clear boundaries and referral points, when necessary. The second portion of the program may provide for a diabetes clinical refresher for pharmacists.

Waiver Requests Fiona Karbowicz presented Petnet’s request to extend their current pharmacy security waiver for 5 years.

MOTION Motion to approve Petnet Solutions Security request to extend pharmacy security waiver [OAR 855-041-1020(5)] for 5 years, to return in October 2024 was made and unanimously carried (Motion by Ayoub, seconded by Logan).

Bay Area Hospital request

Chrisy Hennigan presented a request for Bay Area Hospital that was previously approved for a different individual at this location in June 2019, who has since retired. This location has a new PIC in place and Board approval is required for the PIC, not the outlet. The Board agreed to approve the request for the new PIC. MOTION Motion to approve Heather Loudon-Howley RPH-0017301 request to be the PIC at Bay Area Hospital’s three pharmacies (IP-0000616 and RP-0000822 and RP-0003512) for five years was made and unanimously carried (Motion by Beaman, seconded by Ayoub).

TCVP - Columbia Memorial Hospital – 1-year report

Fiona Karbowicz advised the Board was provided a 1-year report from Columbia Memorial Hospital for their TCVP program and asked the Board if they had any questions for the outlet prior to approval of the report. MOTION Motion to accept Columbia Memorial Hospital’s TCVP one-year implementation report was made and unanimously carried. (Motion by Murray, seconded by Beaman).

Other Strategic Planning update

Joe Schnabel gave an update on the upcoming Strategic Planning meeting. After the August meeting, Karen MacLean had surveyed the Board for input on the mission, vision and values. Joe read the Board the mission statement language they selected. He also gave the results of the survey in order of preferred language for a vision statement and list of values, which will all be finalized at the upcoming Strategic Planning meeting. Karen is actively seeking to procure the facilitator and hopes to have the contract in place soon.

2019 Annual Key Performance Measure Report

Minutes – October 2-3, 2019

Page 8 of 11

Karen MacLean reported that the report was completed for 2019 with 2018 data and stated that as the Board moves to a new strategic plan, we need to think about current key performance measures and determine if they need to be revised to better reflect the agency’s performance goals. Karen advised if changes are needed, they need to be submitted by early April 2020 as part of the budget process.

Affirm Use of 2019 Attorney General’s Model Rules of Procedure Tom Cowan stated that we are now using the July 2019 version of the Attorney General’s Model Rules of Procedure and needed to update the rules associated with this date. The law allows this date to be changed outside the normal rulemaking procedures.

MOTION Motion to affirm the use of July 2019 Attorney General’s Model Rules of Procedure was made and unanimously carried (Motion by Armstrong, seconded by Ayoub).

Probation Policy Review

Brianne Efremoff stated that this was simply an update for only section (f) of the Probation Policy and it was revised per a discussion at the August meeting and the Board agreed. MOTION Motion to approve agency’s revised probation policy was made and unanimously carried (Motion by Ayoub, seconded by Murray).

ISSUES/ACTIVITIES

Board Meeting Dates • November 6-7, 2019 Portland (Strategic Planning) • December 11-12, 2019 Portland • February 5-7, 2020* Portland (*3 day meeting) • April 15-16, 2020 Portland • June 17-18, 2020 Portland • August 12-14, 2020* Portland (*3 day meeting) • October 14-15, 2020 Portland • November 18-19, 2020 TBA (Strategic Planning) • December 16-17, 2020 Portland

Proposed Dates for 2021

• February 10-12, 2021* Portland (*3 day meeting) • April 7-8, 2021 Portland • June 9-10, 2021 Portland • August 11-13, 2021* Portland (*3 day meeting) • October 13-14, 2021 Portland • November 3-4, 2021 TBA (Strategic Planning) • December 8-9, 2021 Portland

Minutes – October 2-3, 2019

Page 9 of 11

MOTION Motion to approve proposed 2021 Board Meeting dates was made and unanimously carried (Motion by Armstrong, seconded by Murray).

Rulemaking Hearing Dates (The following dates are reserved for potential rulemaking hearings, identified only for planning purposes, and approved by the Board. Actual Rulemaking Activities will be noticed as required by law and may deviate from this schedule as needed.)

• November 26, 2019

Proposed Rulemaking Dates for 2020 and 2021

• May 27, 2020 • November 24, 2020 • May 26, 2021 • November 23, 2021

MOTION Motion to approve proposed 2020 and 2021 Rulemaking Hearing dates was made and unanimously carried (Motion by Beaman, seconded by Logan).

Conferences/Meetings

OSPA Annual Convention 10/5-6/2019 – Fiona Karbowicz and Jane Gin will attend and have an informational booth. NABP Executive Officers Forum 10/1-2/2019 – Chicago – Joe Schnabel attended with 38 other state’s executive directors. There were a number of sessions on topics of interest, including FDA MOU, pharmacist prescribing, and a live USP update regarding the delay of implementation of Chapters 795/797. NABP District VI-VIII Mtg. Boise, ID, 10/6-9/2019 - Joe Schnabel, Shannon Beaman, Brianne Efremoff and Fiona Karbowicz will attend. FDA 50 State Meeting – DC, 10/10-11/2019 – Cheryl Fox and Brianne Efremoff will attend. OSHP Fall Seminar 11/16/19 – Portland – Staff will have a booth, Wassim Ayoub and Michelle Murray will be attending with their organizations, Joe Schnabel and an Inspector will attend. NABP Compliance Officer/Legal Counsel Forum -12/4-5/2019 – Brianne Efremoff will attend. OSPA Lane Co. Mid-Winter CE Seminar – 2/15-16/2020 – Eugene – Fiona Karbowicz and Joe Schnabel are presenting. Rachael DeBarmore will go to help with the booth.

Financial/Budget Report

Minutes – October 2-3, 2019

Page 10 of 11

Administrative Director, Karen MacLean reported that she just recently received the final Legislatively Adopted Budget figures for this biennium. This biennial budget (July 1, 2019-June 30, 2021) allows for $8,761,878 in spending limitation and includes two new positions, the resources for the database upgrade and agency operations for 22 full time equivalent positions. She hopes to have more financial reports for review at the December meeting from our accountant.

Reports

Board President/Members – N/A Executive Director, Joe Schnabel, reported that he attended the NABP Executive Officer’s Forum in Chicago this week (see above), and will be attending the NABP District 6, 7, and 8 meeting in Boise next week. Board Counsel, Tom Cowan – N/A Compliance Director, Brianne Efremoff stated that we currently have 23 people enrolled in HPSP, there are currently around 650 cases, and staff are trying to wrap up inspections by January. Bri stated that the open investigator position closed and had a good response for the recruitment. Pharmacist Consultant, Fiona Karbowicz described additional projects she has been working on, including new PDMP requirements, utilization of a Rules Advisory Committee to address House Bills 698 and 2935, and OBOP being an advisory to DEQ’s State of Oregon Drug Take Back Program. She attended an IPAT (Oregon Immunization Advisory Team) meeting as a partner in Oregon’s immunization efforts. Administrative Director Karen MacLean reported that the database upgrade for MyLicense Office (MLO) has consumed a lot of her time along with Chrisy and Kim. Huge THANK YOU to the two of them for all of their diligent work and efforts on behalf of the agency and our licensees! Chrisy will share more about our progress in a minute. Karen has also been working with Joe to solidify plans for the upcoming Strategic Planning meeting, working on the recruitment for the Office Manager position, continuing to work towards getting the BOX agreement in place for our Board Meeting materials in the future and addressing a few final technology issues that have been outstanding and need to be wrapped up prior to a contract expiration later this year. She has attended a number of meetings in Salem this past month including: the 2019 Diversity and Inclusion Conference that is put on by various State agencies annually. This year’s theme was “Taking Positive Action in a World of Difference”. The Governor spoke on the importance of taking action in State government to make be more inclusive in our diversity hiring practices; she commented that she several very good sessions that were insightful and thought provoking. One of the exhibitors was ATI (Assistive Technology Program), a state non-profit that provides assistance of all kinds to make things possible for people with disabilities; it sparked a conversation about one of our legislative mandates for this year about prescription readers. She’s shared the information with Fiona as a possible resource for our pharmacy outlets related to the new requirement. Karen also attended meetings related to a change for the state procurement system called OregonBuys that will occur within the next year, PCI compliance for agencies that take credit cards and national banking standards to ensure secure financial transactions with the state; and a networking meeting of Executive Assistants that support agency Directors that opened up some state resources that she was not familiar, that will help in the future. Licensing Manager, Chrisy Hennigan reported that the focus of the last several months has been spent on the new MyLicense Office database upgrade. Last week the Project Manager and Implementation Specialist from System

Automation (SA) were here to assist with MLO User Acceptance Testing. The week was spent successfully testing

the functionality and performing data validation and formatting of the new MLO back office system, as well as the

eGov and verification systems. The SA team will be back to conduct the official training for the new system

October 23~25th. The "go-live" date for the new system is Monday, October 28th. Ati current online systems

will be taken down on Wednesday/ October 24th to allow US Bank to make the changes necessary to go live in the

new system on the morning of the 28th. Because of the new online application functionality, paper applications

for pharmacists, pharmacy technicians, certified pharmacy technicians/ interns and the non-prescription drug

outlets, class A & C will be discontinued effective 1/1/20.

The Licensing Team is now fully staffed and there are 6 Licensing Representatives. They have all been busy with

training and getting caught up after a week of testing in the new system. The Wholesaler, Manufacturer, Drug

Distribution Agent renewal cycle ended 10/1 and we lapsed 137 or approx. 6% registrations. The Intern renewal

will be launched the last week of October. It is anticipated that the Non-Prescription Drug Outlet renewals will be

available mid-late November.

Operations Policy Analyst, Rachel Melvin provided an overview of the newwebsite, several of the new pages and

how the content will be structured in the future.

Approve Consent Agenda*

*items listed under the consent agenda are considered routine agency matters and will be approved by a single motion of the

Board without separate discussion. If separate discussion is desired, that item will be removed from the consent agenda and

placed on the regular business agenda.

1. NAPLEX Scores-none

2. MPJE Scores-none

3. License/Registration Ratification July 23, 2019 - September 24, 2019

4. Pharmacy Technician Extensions " none

5. Board Minutes-August 7-9, 2019

MOTIONIVIotion to approve Consent Agenda as revised was made and unanimously carried (Motion by Armstrong,

seconded by Murray).

OPEN FORUM

Adjourn

MOTIONMotion to adjourn at 3:50PM was made and unanimously carried (Motion by Beaman, seconded by Logan).

Accepted by:

Jofe^ph Schnabel, Pharm D., R.Ph.

Executive Director

Minutes - October 2-3, 2019

Page 11 of 11

Oregon Board of Pharmacy Compliance – October 2019

Page 1 of 5

Oregon Board of Pharmacy 800 NE Oregon Street Portland, OR 97232

Cyndi Vipperman, CPT Presiding

Executive Session of the Board was held on Wednesday, October 2, 2019 to discuss Compliance cases, followed by motions on Thursday, October 3, 2019.

Board Members present for all or part of compliance session:

Cyndi Vipperman, CPT, President Shannon Beaman, RPH, Vice President Dianne Armstrong, CPT Wassim Ayoub, RPH

Rachael DeBarmore, RPH Roberto Linares, RPH Tim Logan, Public Member Michelle Murray, RPH VACANT, Public Member

Staff present for all or part of compliance session:

Brianne Efremoff, RPH, Compliance Director Joe Ball, RPH, Chief Investigator Katie Baldwin, RPH, Board Inspector Laura Elvers, RPH, Board Inspector Cheryl Fox, RPH, Board Inspector Jane Gin, RPH, Board Inspector Brian Murch, RPH, Board Inspector Annette Gearhart, Compliance Secretary Kim Oster, Compliance Coordinator

Karen MacLean, Administrative Director Fiona Karbowicz, R.Ph., Pharmacist Consultant Chrisy Hennigan, Licensing Program Supervisor Rachel Melvin, Operations Policy Analyst Thomas Cowan, Senior AAG

Staff absent on Wednesday 10/2/2019: Joseph Schnabel, RPH, Executive Director

Case 2019-0072 Motion to accept signed consent order. Motion by: Dianne Armstrong; Seconded by: Michelle Murray. Motion unanimously carried.

Case 2018-0009 Motion to deny request. Motion by: Rachael DeBarmore; Seconded by: Michelle Murray. Motion unanimously carried.

Case 2015-0168 Motion to deny request. Motion by: Dianne Armstrong; Seconded by: Michelle Murray. Motion unanimously carried.

Case 2017-0473 Motion to grant request. Motion by: Rachael DeBarmore; Seconded by: Shannon Beaman. Motion unanimously carried.

Case 2018-0338 Motion to withdraw Notice and hearing referral. Motion by: Wassim Ayoub; Seconded by: Dianne Armstrong. Motion unanimously carried.

Wednesday, October 2, 2019 @ 8:30 AM, Conference Room 1A Thursday, October 3, 2019 @ 8:30 AM, Conference Room 1A

800 NE Oregon Street in Portland, Oregon

Oregon Board of Pharmacy Compliance – October 2019

Page 2 of 5

Case 2017-0255 Motion to grant request to work at two Board approved locations. Motion by: Tim Logan; Seconded by: Wassim Ayoub. Motion unanimously carried.

Case 2019-0366 & 2019-0385 Motion to impose $10,000 civil penalty per violation against outlet and close with Board direction; and in Case 2019-0401 Motion to revoke pharmacist license and impose $1,000 civil penalty per violation. Motion by: Wassim Ayoub; Seconded by: Michelle Murray. Motion unanimously carried.

Case 2019-0365 Motion to impose $10,000 civil penalty per violation against outlet; and in Case 2019-0076 Motion to revoke pharmacist license, impose $1,000 civil penalty per violation and close case with Board direction. Motion by: Tim Logan; Seconded by: Shannon Beaman. Motion unanimously carried.

Case 2019-0251 Motion to revoke technician license and impose $1,000 civil penalty per violation; Case 2019-0252 Motion to revoke pharmacist license and impose $1,000 civil penalty per violation; and in Case 2019-0595 Motion to close with Board direction. Motion by: Dianne Armstrong; Seconded by: Rachael DeBarmore. Motion carried with Cyndi Vipperman recused.

Cases 2019-0078, 2019-0540 and 2019-0541 Motion to close with Board direction. Motion by: Michelle Murray; Seconded by: Roberto Linares. Motion carried with Dianne Armstrong and Rachael DeBarmore recused.

Case 2019-0533 Motion to revoke pharmacist license and impose $1,000 civil penalty per violation. Motion by: Tim Logan; Seconded by: Michelle Murray. Motion unanimously carried.

Case 2019-0406 Motion to revoke technician license and impose $1,000 civil penalty per violation. Motion by: Dianne Armstrong; Seconded by: Wassim Ayoub. Motion unanimously carried.

Case 2019-0466 Motion to revoke technician license and impose $1,000 civil penalty per violation. Motion by: Michelle Murray; Seconded by: Dianne Armstrong. Motion unanimously carried.

Case 2019-0163 Motion to revoke technician license and impose $1,000 civil penalty per violation. Motion by: Rachael DeBarmore; Seconded by: Tim Logan. Motion unanimously carried.

Case 2019-0352 Motion to grant technician license. Motion by: Dianne Armstrong; Seconded by: Rachael DeBarmore. Motion unanimously carried.

Case 2019-0415 Motion to deny technician license and impose $1,000 civil penalty per violation. Motion by: Tim Logan; Seconded by: Michelle Murray. Motion unanimously carried.

Case 2019-0461 Motion to deny technician license and impose $1,000 civil penalty per violation. Motion by: Dianne Armstrong; Seconded by: Rachael DeBarmore. Motion unanimously carried.

Oregon Board of Pharmacy Compliance – October 2019

Page 3 of 5

Case 2019-0265 Motion to deny technician license and impose $1,000 civil penalty per violation. Motion by: Michelle Murray; Seconded by: Tim Logan. Motion unanimously carried.

Case 2019-0460 Motion to deny technician license and impose $1,000 civil penalty per violation. Motion by: Dianne Armstrong; Seconded by: Shannon Beaman. Motion carried with Michelle Murray and Cyndi Vipperman opposed.

Case 2019-0506 Motion to deny intern license and impose $1,000 civil penalty per violation. Motion by: Michelle Murray; Seconded by: Dianne Armstrong. Motion unanimously carried.

Case 2019-0566 Motion to close with Board direction. Motion by: Tim Logan; Seconded by: Rachael DeBarmore. Motion unanimously carried.

Case 2019-0451 Motion to revoke pharmacist license and impose $1,000 civil penalty per violation. Motion by: Tim Logan; Seconded by: Dianne Armstrong. Motion unanimously carried.

Case 2019-0380 Motion to impose $1,000 civil penalty per violation against pharmacist. Motion by: Michelle Murray; Seconded by: Dianne Armstrong. Motion carried with Wassim Ayoub recused.

Case 2019-0430 Motion to close with Board direction. Motion by: Rachael DeBarmore; Seconded by: Tim Logan. Motion unanimously carried.

Case 2019-0429 Motion to revoke pharmacist license and impose $1,000 civil penalty per violation. Motion by: Tim Logan; Seconded by: Roberto Linares. Motion carried with Rachael DeBarmore, Michelle Murray, and Dianne Armstrong recused.

Case 2018-0761 Motion to suspend pharmacist license for 30 days and impose $1,000 civil penalty per violation. Motion by: Tim Logan; Seconded by: Rachael DeBarmore. Motion unanimously carried.

Case 2019-0150 Motion to close case with Board direction; Motion by: Tim Logan; Seconded by: Michelle Murray. Motion unanimously carried. Case 2019-0149 Motion to close case with Board direction. Motion by: Dianne Armstrong; Seconded by: Shannon Beaman. Motion carried with Wassim Ayoub opposed.

Case 2018-0697 Motion to revoke technician license and impose $1,000 civil penalty per violation. Case 2019-0548 Motion to suspend technician license for seven days and impose $1,000 civil penalty per violation. Motion by: Tim Logan; Seconded by: Dianne Armstrong. Motion carried with Shannon Beaman recused.

Case 2018-0089 Motion to revoke technician license and impose $1,000 civil penalty per violation. Motion by: Shannon Beaman; Seconded by: Dianne Armstrong. Motion unanimously carried.

Case 2019-0438 Motion to revoke outlet registration and impose $10,000 civil penalty per violation. Motion by: Rachael DeBarmore; Seconded by: Wassim Ayoub. Motion unanimously carried.

Oregon Board of Pharmacy Compliance – October 2019

Page 4 of 5

Case 2019-0433 Motion to grant drug outlet registration. Motion by: Michelle Murray; Seconded by: Rachael DeBarmore. Motion unanimously carried.

Case 2019-0446 Motion to close with Board direction. Motion by: Rachael DeBarmore; Seconded by: Dianne Armstrong. Motion unanimously carried.

Case 2019-0392 Motion to impose $10,000 civil penalty per violation against outlet and close case with Board direction; and in Case 2019-0547 Motion to impose $1,000 civil penalty per violation against Pharmacist-in-Charge. Motion by: Michelle Murray; Seconded by: Shannon Beaman. Motion unanimously carried.

Case 2019-0197 Motion to impose $10,000 civil penalty per violation against outlet; and in Case 2019-0525 Motion to impose $1,000 civil penalty per violation and a 30-day suspension of pharmacist license. Motion by: Dianne Armstrong; Seconded by: Tim Logan. Motion unanimously carried.

Case 2019-0469 Motion to revoke pharmacist license and impose $1,000 civil penalty per violation. Motion by: Michelle Murray; Seconded by: Dianne Armstrong. Motion unanimously carried.

Case 2019-0569 Motion to revoke outlet registration and impose $10,000 civil penalty per violation; and in Case 2018-0624 Motion to revoke pharmacist license and impose $1,000 civil penalty per violation and close case with Board direction. Motion by: Tim Logan; Seconded by: Michelle Murray. Motion unanimously carried.

Case 2019-0367 Motion to impose $10,000 civil penalty per violation against outlet. Motion by: Rachael DeBarmore; Seconded by: Michelle Murray. Motion unanimously carried.

Case 2019-0368 Motion to impose $10,000 civil penalty per violation against outlet. Motion by: Wassim Ayoub; Seconded by: Tim Logan. Motion unanimously carried.

Case 2019-0545 Motion to impose $10,000 civil penalty per violation against outlet. Motion by: Michelle Murray; Seconded by: Dianne Armstrong. Motion unanimously carried.

Case 2019-0463 Motion to close with Board direction. Motion by: Dianne Armstrong; Seconded by: Tim Logan. Motion carried with Roberto Linares recused, and Michelle Murray opposed.

Case 2018-0796 Motion to close with Board direction. Motion by: Michelle Murray; Seconded by: Rachael DeBarmore. Motion unanimously carried.

Case 2019-0033 Motion to close with Board direction. Motion by: Shannon Beaman; Seconded by: Dianne Armstrong. Motion unanimously carried.

Oregon Board of Pharmacy Compliance – October 2019

Page 5 of 5

Case 2018-0558 Motion to close with Board Direction. Motion by: Michelle Murray; Seconded by: Roberto Linares. Motion carried with Rachael DeBarmore recused.

Case 2018-0563 Motion to close with Board direction. Motion by: Tim Logan; Seconded by: Shannon Beaman. Motion carried with Cyndi Vipperman opposed.

Case 2019-0340 Motion to close with Board direction. Motion by: Michelle Murray; Seconded by: Rachael DeBarmore. Motion carried with Wassim Ayoub recused.

Case 2018-0798 Motion to close with Board direction. Motion by: Wassim Ayoub; Seconded by: Shannon Beaman. Motion unanimously carried.

Case 2019-0510 Motion to impose $10,000 civil penalty per violation against outlet. Cases 2019-0348 and 2019-0453 Motion to close with Board direction. Motion by: Michelle Murray; Seconded by: Wassim Ayoub. Motion unanimously carried.

Case 2019-0507 Motion to close with Board direction. Case 2019-0508 Motion to deny technician license and impose $1,000 civil penalty per violation. Case 2019-0565 Motion to deny Intern license and impose $1,000 civil penalty per violation. Motion by: Rachael DeBarmore; Seconded by: Dianne Armstrong. Motion unanimously carried.

Cases 2019-0518 Motion to ratify signed Stipulated Consent Order. Motion by: Michelle Murray; Seconded by: Dianne Armstrong. Motion unanimously carried.

Motion to accept the items on the consent agenda. Motion by: Rachael DeBarmore; Seconded by: Wassim Ayoub. Motion unanimously carried. Cases Closed with Board Direction: 2019-0342, 2019-0233, 2019-0264, 2019-0331, 2019-0405, 2019-0403, 2019-0404, 2019-0513, 2019-0514, 2019-0515, 2019-0516, 2019-0504, 2019-0444, 2019-0502, 2019-0422, 2018-0561, 2018-0687, 2019-0329, 2019-0344, 2019-0412, 2019-0465, 2019-0509, 2019-0511, 2018-0528, 2018-0736, 2019-0336, 2019-0445, 2019-0503, 2019-0512, 2019-0535, 2019-0539, 2019-0425, 2018-0224, 2019-0054, 2019-0294, 2019-0382, 2019-0383, 2019-0387, 2019-0398, 2019-0447, 2019-0448, 2019-0449, 2019-0450, 2019-0524, 2019-0526, 2019-0527, 2019-0530, 2019-0531, 2019-0543, 2019-0544, 2019-0554, and 2019-0555.