Arizona State Board of Pharmacy News

              AZ Vol. 21, No. 3 Page 1
July 2000
A r i z o n a   S t a t e
B o a r d   o f   P h a r m a c y
5060 N 19th Ave, Suite 101, Phoenix, AZ 85015
Important Notice to Pharmacists- In- Charge
At the Arizona State Board of Pharmacy May 2000 meeting,
the staff reported instances of as many as 200 individual, outdated
over- the- counter ( OTC) drugs on shelves in high volume stores.
Following an in- depth discussion, the Board unanimously agreed
to adopt a new substantive compliance policy position concern-ing
“ expired non- prescription drugs” to be removed from sale in a
timely manner.
Specifically, in the instance where a pharmacy is located within
a larger mercantile establishment, eg, supermarket or mass mer-chandise
business, the pharmacist- in- charge ( PIC) is recognized
as having responsibility to ensure that beyond expiration date,
non- prescription drugs are removed from sale and either destroyed
or returned to the original source for disposal. This is not to say
that the PIC personally shall perform this task, but rather the PIC is
expected to ensure that it is done routinely and regularly.
Contrary to following a typical “ three strikes and you’re out”
policy, the Board has directed the staff to allow a single warning.
In the event of a subsequent OTC drug expiration date violation
within the time frame of the next compliance visit in the permitted
establishment, the Board will view this violation as a staff initiated
complaint, and both the PIC and the permit holder may be subject
to disciplinary action.
FDA Notice of Correction of Drug Information
The US Food and Drug Administration ( FDA) has notified Jones
Pharma Inc ( Jones) that some promotional labeling and advertis-ing
materials for Levoxyl ( levothyroxine sodium tablets, USP) con-tain
false or misleading statements. Specifically, the FDA objected
to the claim that Levoxyl is interchangeable with Synthroid. Please
be aware that there are no generically equivalent levothyroxine
sodium tablet products on the market today. Pursuant to Arizona
statute ( 32- 1963.01), when no generically equivalent product is
available, no substitution can take place.
Stay informed as to which items are generically equivalent and
which are not. Though computers are great pharmacy tools, the
pharmacist cannot let computers make practice decisions. Know
the law and follow it. Pharmacists have licenses... computers
do not!
Y2K Legislative Changes of Note
The Arizona Uniform Controlled Substance Act has been
amended as follows:
¨ GHB ( gamma hydroxybutyrate)[ illicit] is added to Schedule I;
¨ The US Food and Drug Administration- approved orphan drug
formulation of GHB is added to CIII;
¨ Remifentanil is added to CII;
¨ Marinol ( synthetic only) and ketamine are added to CIII; and
¨ Finally butorphanol, modafinal, sibutramine, and zaleplon are
added to CIV.
¨ The state act now reflects that a pharmacy has seven days to
obtain a written Rx for an emergency CII phoned- in script.
The controlled substance changes were effective in April; please
make appropriate notations in your controlled substance inven-tory
records.
In the Pharmacy Practice Act:
¨ The traditional “ prescription only drug legend” on stock bottles
is changed to comply with the new federal law allowing “ Rx
only” in place of “ Caution: Federal law, …” on the label of
prescription only drugs.
¨ The statement “ Warning: May be habit forming” is no longer
required to appear in the label of certain drugs; this is also a
conforming change to the federal act.
¨ “ US citizenship” has been deleted as a requirement for licen-sure
as a pharmacist.
¨ The Board of Pharmacy is no longer required to make available
a list of licensed practitioners from Sonora and Baja, Mexico.
¨ Fees have been approved for compressed medical gas suppli-ers
and distributors.
¨ Language was added to allow other pharmacy personnel ( techs,
etc) to advise patients of the price difference between a brand
name drug and a generic and only when the prescription is a
fee- for- service transaction.
¨ Arizona pharmacies may now fill “ valid” prescriptions written
by licensed practitioners from Canada.
¨ The maximum fine the Board can impose on a permit holder was
increased from $ 500 to $ 1,000 per violation.
¨ Finally, it is now a violation for a pharmacy to sell more than 5%
of their “ Rx only” inventory at wholesale.
The Arizona State Board of Pharmacy Web page contains state
pharmacy laws and rules, and is located at www. pharmacy. state. az. us.
Board Office Moving
In August ( specific date unknown), after nearly 20 years at our
present location, the Arizona State Board of Pharmacy will be
moving to Suite 140 at 4425 W Olive Ave, Glendale, AZ 85302. The
phone numbers will be changing, but have not yet been assigned.
Please feel free to visit us at the new location.
Bulk Rate
U. S. Postage
PAID
Chicago, Illinois
Permit No. 5744
National Association of Boards of Pharmacy Foundation, Inc.
700 Busse Highway
Park Ridge, Illinois 60068
ARIZONA STATE BOARD OF PHARMACY
Page 4 – July 2000
The Arizona State Board of Pharmacy News is published by the Arizona
State Board of Pharmacy and the National Association of Boards of Phar-macy
Foundation, Inc., to promote voluntary compliance of pharmacy and
drug law. The opinions and views expressed in this publication do not neces-sarily
reflect the official views, opinions, or policies of the Foundation or
the Board unless expressly so stated.
Llyn A. Lloyd, RPh - State News Editor
Carmen A. Catizone, MS, RPh - National News Editor & Executive Editor
Mark Paulson - Editorial Manager
Know a Pharmacist or Intern
Needing Assistance?
Pharmacists Assisting Pharmacists of Arizona ( PAPA) is serv-ing
approximately 40 individuals in various stages of recovery
from addicting drugs or chemicals. An impressive percentage of
PAPA participants complete the prescribed program and practice
with an unencumbered license in a variety of pharmacy locations.
More importantly, recovering pharmacists are given a new lease
on life! For more information call Lisa Yates at 480/ 838- 3668 be-tween
9 AM and 5 PM, Monday through Friday.
Disciplinary Actions
Board of Pharmacy
The following licensees/ permittees have entered into consent
agreements in lieu of a hearing:
Joan K. Brekken, RPh # 6899, license was reinstated, five- year
probation with conditions.
Osco Drug of Texas, Inc, monetary penalty ( fine), expired non-prescription
drugs offered for sale to public.
P- D Laboratories ( Glendale, Ariz), wholesale drug permit sus-pended,
repackaging a vaccine without proper license.
Martin Woensdregt, RPh # 7329, indefinite suspension, pursu-ant
to ARS 32- 1932.01.
Board of Medical Examiners
Ellis V. Browning, MD # 1985, license to practice canceled by
Board.
Martin S. Chattman, MD # 7618, license on probation five years,
may not prescribe CII and CIII controlled substance drugs dur-ing
the probation.
Walter J. McGaffic, MD # 13976, license reinstated.
Darryl J. Mohr, MD # 11224, by Board order, is restricted from
prescribing any prescription medication or device for any pa-tient
or individual in this or any other jurisdiction unless he
personally has conducted a physical examination of the patient.
Patrick Mullanney, MD # 8684, license surrendered by Board order.
Phillip Siegel, MD # 4742, revoked.
Rodney L. Smith, MD # 16325, may not practice clinical medicine
in Arizona until further notice.
Board of Osteopathic Examiners
Jon Austin, DO # 1395, Board order requires licensee to perform
complete physician examination prior to prescribing prescrip-tion
only drugs.
Jack Bouchier, DO # 0800, license summarily suspended pend-ing
further Board action.
David William Nyman, DO # 3510, license revoked.
Arturo Portales, DO # 3315, license is restricted from prescrib-ing
any prescription- only drug or controlled substance via the
Internet without performing a complete physical examination
and history.
John Stathakis, DO # 0999, license restricted from prescribing
any medications via the Internet without performing complete
physicals and histories.
Board of Dental Examiners
Earl Weisbrod, DMD # 2681, voluntarily surrendered license ef-fective
March 31, 2000, pending further consideration by the
Board at its June 2000 meeting.
Joint Board of the Regulation of
Physician Assistants
Bahman Naji- Talakar, PA- C # 2024, revoked for one year effec-tive
February 18, 2000.
Notice: Before making a prescription dispensing decision
pursuant to information reported in this issue, you are encour-aged
to verify the current condition of a license with the appro-priate
licensing agency ( board).
Timely Reminders
Licenses ending in even numbers will be renewing November 1,
2000. Be sure the Arizona State Board of Pharmacy has your cur-rent
address for mailing notices. Every year the post office returns
dozens of renewal notices due to wrong addresses.
Also, take a few minutes to review your continuing education
records for the past 24 months, and don’t forget the important
three hours of pharmacy law. Pharmacy law includes both state
( not just Arizona) and federal controlled substance acts, and the
state practice acts and regulations. Do it, and then it is done!