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400 S.W. Eighth Street, Suite E, Des Moines, IA 50309-4688

https://pharmacy.iowa.gov/

Telephone: (515)281-5944 Facsimile: (515)281-4609

BOARD MEMBERS JAMES MILLER BOARD MEMBERS LADONNA GRATIAS Board Chair JASON HANSEL EDWARD McKENNA KAY JESSEN EDWARD MAIER ANDREW FUNK SHARON MEYER

Executive Director

MINUTES

June 29-30, 2016

The Iowa Board of Pharmacy met on June 29-30, 2016, in the conference room at 400 SW Eighth Street, Des Moines, Iowa.

WEDNESDAY, JUNE 29, 2016

MEMBERS PRESENT STAFF PRESENT James Miller, Chairperson Andrew Funk, Executive Director Sharon K. Meyer, Vice-Chair Meghan Gavin, Esq., Assistant Attorney General LaDonna Gratias Laura Steffensmeier, Esq., Assistant Attorney Jason Hansel General Edward L. Maier Therese Witkowski, Executive Officer Edward J. McKenna Debbie Jorgenson, Administrative Assistant

Becky Hall, Secretary Curt Gerhold, Compliance Officer

MEMBERS ABSENT Mark Mather, Compliance Officer Kay Jessen Sue Mears, Compliance Officer

Jennifer O'Toole, Compliance Officer Jean Rhodes, Compliance Officer Jennifer Tiffany, Compliance Officer James Wolfe, Compliance Officer

Call to Order & Announcements

At 9:00 a.m., James Miller, Chairperson called the meeting of the Iowa Board of Pharmacy to order on Wednesday, June 29, 2016.

Administrative Hearings

2015-37, Wells Pharmacy Network, LLC, Nonresident Pharmacy License No. 3385, Ocala, Florida.

http:https://pharmacy.iowa.gov

June 29-30, 2016 Page 2 of 11

Wells Pharmacy Network, LLC filed a request for stay of an agency hearing with the Supreme Court of Iowa. The Supreme Court granted the motion for stay on June 28, 2016, and the administrative proceeding in this case is stayed pending the Supreme Court's resolution of the filings. Wells Pharmacy Network, LL,C was represented by Michael Sellers.

Closed Session

At 9:06 a.m., on a motion by Edward Maier, seconded by Jason Hansel, the Board voted unanimously by roll call vote to move into closed session pursuant to Iowa Code section 21.5(l)(a), to review or discuss records which are required or authorized by state or federal law to be kept confidential; pursuant to Iowa Code section 21.5(l)(d), to discuss whether to initiate licensee disciplinary investigations or proceedings; and pursuant to Iowa Code section 21.5(l)(f), to discuss the decision to be rendered in a contested case conducted according to the provisions of Chapter 17A.

At 11 :28 a.m., Sharon Meyer recused herself and left the room.

At 11 :37 a.m., while still in closed session, Edward Maier moved that the Board go into open session, seconded by Edward McKenna. Motion approved unanimously.

Sharon Meyer rejoined the meeting.

In open session the following actions were taken:

I. Close With No Further Action.

Motion by Edward McKenna, seconded by LaDonna Gratias, to close with no further action the following investigative files in complaint numbers: 2016-21, 2016-79, 2015-198, 201627, 2016-44, 2016-59, 2016-63, 2016-19, 2016-61, 2016-67, 2016-71, 2016-45, 2016-9, 2016-17, 2016-60, 2016-76, and 2016-80. Motion approved unanimously.

2. Settlement Agreement and Final Order.

Motion by Edward McKenna, seconded by Edward Maier, to approve the Settlement Agreement and Final Order in the following cases. Motion approved unanimously.

A. 2015-184, Greenville Pharmacy, Pharmacy License No. 667 of Sioux City. A copy of the Settlement Agreement and Final Order is attached as Addendum A.

B. 2015-184, Robert P. Reha!, Pharmacist License No. 17478 of Sioux City. A copy of the Settlement Agreement and Final Order is attached as Addendum B.

C. 2016-23, Amy Hanen, Pharmacy Technician Registration No. 16724 of Dubuque. A copy of the Settlement Agreement and Final Order is attached as Addendum C.

3. Notice of Hearing and Statement of Charges.

Motion by Edward McKenna, seconded by Edward Maier, to approve the Notice of Hearing and Statement of Charges in the following cases. Motion approved unanimously.

A. 2016-26, Wayne Fagan, Pharmacy Support Person Registration No. 2863 of Cedar Rapids. A copy of the Notice of Hearing and Statement of Charges is attached as AddendumD.

June 29-30, 2016 Page 3 of 11

B. 2016-57, Walgreens #4405, Pharmacy License No. 719 of Council Bluffs. A copy of the Notice of Hearing and Statement of Charges is attached as Addendum E.

C. 2016-17, Anthony Allee, Pharmacist License No. 21301 of Omaha, Nebraska. A copy of the Notice of Hearing and Statement of Charges is attached as Addendum F.

D. 2016-57, Craig Johnson, Pharmacy Technician Registration No. 16631 of Council Bluffs. A copy of the Notice of Hearing and Statement of Charges is attached as Addendum G.

E. 2016-57, Stephanie Carbe1Ty, Pharmacy Technician Registration No. 17243 of Council Bluffs. A copy of the Notice of Hearing and Statement of Charges is attached as AddendumH.

F. 2016-57, Amber Cozad, Pharmacy Technician Registration No. 17634 of Council Bluffs. A copy of the Notice of Hearing and Statement of Charges is attached as Addendum I.

G. 2016-57, Daniel Mathew, Pharmacy Technician Registration No. 23283 of Omaha, Nebraska. A copy of the Notice of Hearing and Statement of Charges is attached as AddendumJ.

H. 2016-57, Nicole Schulz, Pharmacy Technician Registration No. 23311 of Council Bluffs. A copy of the Notice of Hearing and Statement of Charges is attached as Addendum K.

4. Voluntary Surrender.

Motion by Jason Hansel, seconded by Edward McKenna, to approve the Voluntary Cancellation Agreement for Shawn Kerby, DDS, Controlled Substance Registration No. 1418678 of West Des Moines. Motion approved unanimously. A copy of the Voluntary Cancellation Agreement is attached as Addendum L.

5. Order to Show Cause.

Motion by Edward Maier, seconded by Sharon Meyer, to approve the Order to Show Cause for case 2015-206, Benjamin Lognion, DVM, Controlled Substance Registration No. 1512025 of Beaumont, Texas. Motion approved unanimously. A copy of the Order to Show Cause is attached as Addendum M.

6. Draft Statement of Charges.

Motion by Jason Hansel, seconded by Sharon Meyer, to draft Statement of Charges against the pharmacy in 2016-50, pharmacy and pharmacist in charge in 2016-73, pharmacist in charge in 2016-66, pharmacy in 2016-58, pharmacy in 2016-32, pharmacy in 2016-37, pharmacy in 2016-39, pharmacy in 2016-40, and pharmacy in 2016-51. Motion approved unanimously.

7. Closed Session Minutes and Deliberations.

Motion by Edward McKenna, seconded by LaDonna Gratias, to approve the Closed Session Minutes of the May 3-4, 2016, meeting, and Closed Session Deliberations of the May 3, 2016, meeting. Motion approved unanimously.

Meghan Gavin, Laura Steffensmeier, and the Compliance Officers left the room.

June 29-30, 2016 Page 4 of 11

Closed Session

At 11 :43 a.m., on a motion by LaDonna Gratias, seconded by Edward McKenna, the Board voted unanimously by roll call vote to move into closed session pursuant to Iowa Code section 21.5(l)(f), to discuss the decision to be rendered in a contested case conducted according to the provisions of Chapter 17A.

At 11 :45 a.m., while still in closed session, Edward Maier moved that the Board go into open session, seconded by Jason Hansel. Motion approved unanimously.

In open session, the following action was taken:

Motion by Edward McKenna, seconded by Jason Hansel, to approve the Findings of Fact, Conclusions of Law, Decision and Order in case 2015-100, Minnesota Independent Cooperative, Inc., Wholesale Drug License No. 6764 of Eagan, Minnesota. Motion approved unanimously. A copy of the Findings of Fact, Conclusions of Law, Decision, and Order is attached as Addendum N.

At 12:55 p.m., on a motion by Jason Hansel, seconded by LaDonna Gratias, the Board voted unanimously by roll call vote to move into closed session pursuant to Iowa Code section 21.5(l)(a), to review or discuss records which are required or authorized by state or federal law to

be kept confidential according to the provisions of Chapter 17A.

At 12:56 p.m. Sharon Meyer recused herself and left the room.

At I: 16 p.m., while still in closed session, LaDonna Gratias moved that the Board go into open

session, seconded by Jason Hansel. Motion approved unanimously.

Motion by Edward McKenna, seconded by Edward Maier to grant Ryan Molander's request to

register as a pharmacist-intern in the fall of 2016. Motion approved unanimously.

Sharon Meyer rejoined the board meeting.

Administrative Hearings

2015-25, Inie Clement, Pharmacist License No. 16963, Des Moines.

At 1:15 p.m., Laura Lockard, Administrative Law Judge, Department ofinspections and Appeals opened the record. Assistant Attorney General Meghan Gavin represented the State. Inie Clement did not appear before the Board. Ms. Clement was represented by Patricia Huiting. The session was conducted in the presence of the Board and open to the public.

The Board heard testimony of a witness and examined exhibits.

2015-201, Courtney House, Pharmacy Technician Registration No. 16152, Hedrick.

At I :45 p.m., Laura Lockard, Administrative Law Judge, Department of Inspections and Appeals opened the record. Assistant Attorney General Laura Steffensmeier represented the State. Courtney House did not appear nor did counsel represent her. The session was conducted in the presence of the Board and open to the public.

The Board heard testimony of a witness and examined exhibits.

June 29-30, 2016 Page 5 of 11

At 2:01 p.m., the record was closed.

At 2:04 p.m., motion by Jason Hansel, seconded by Edward Maier, the Board voted unanimously by roll call vote to move into closed session in accordance with Iowa Code Section 21.5(1)(f) to discuss the decision to be rendered in a contested case according to the provisions of Chapter 17A.

At 2:13 p.m., while still in closed session, Edward McKenna moved that the Board go into open session, seconded by LaDonna Gratias. Motion approved unanimously.

Motion by Edward McKenna, seconded by Jason Hansel, to direct Administrative Law Judge Lockard to draft the Order consistent with the Board's deliberation for case 2015-25, Inie Clement. Motion approved unanimously.

Motion by Edward Maier, seconded by LaDonna Gratias, to direct Administrative Law Judge Lockard to draft the Order consistent with the Board's deliberation for case 2015-201, Courtney House. Motion approved unanimously.

At 2:15 p.m. the Board recessed.

The meeting reconvened in open session on Thursday, June 30, 2016, at 9:00 a.m.

THURSDAY, JUNE 30, 2016

MEMBERS PRESENT James Miller, Chairperson Sharon K. Meyer, Vice-Chair LaDonna Gratias Jason Hansel Edward L. Maier Edward J. McKenna

MEMBERS ABSENT Kay Jessen

SPEAKERS Bill Cover, NABP Jonathan Fransen, Hy-Vee Brett Barker, NuCara Megan Myers, IP A Dennis Kitzman, Allen Memorial Hospital Brett Bieber, Baum Harmon Mercy Hospital Kate Gainer, IPA Mike Fuller, Walgreens Mike Andreski, Drake Adam Chelser, Telepharm Cln·is Tiernan, Fort Dodge

STAFF PRESENT Andrew Funk, Executive Director Meghan Gavin, Esq., Assistant Attorney General Laura Steffensmeier, Esq., Assistant Attorney

General Therese Witkowski, Executive Officer Debbie Jorgenson, Administrative Assistant Becky Hall, Secretary Curt Gerhold, Compliance Officer Mark Mather, Compliance Officer Sue Mears, Compliance Officer Jennifer O'Toole, Compliance Officer Jean Rhodes, Compliance Officer Jennifer Tiffany, Compliance Officer Jim Wolfe, Compliance Officer

June 29-30, 2016 Page 6 of 11

Call to Order and Announcements

At 9:00 a.m., James Miller, Chairperson, called the meeting of the Iowa Board of Pharmacy to order on Thursday, June 30, 2016.

Public Comments

No public comments.

Approval of Minutes

The minutes of the May 3-4, 2016, meeting were reviewed. \

Motion by Jason Hansel, seconded by Edward McKenna, to approve the open session minutes of the May 3-4, 2016, meeting as presented. Motion approved unanimously.

Reports

1. Executive Director's Report

Office/Updates

A. In-Office Compliance Officer - Jennifer O'Toole has accepted the In-Office Compliance Officer position and will be based out of the board office. Ms. O'Toole will also have a local territory of pharmacies and will continue to be the primary investigator for those pharmacies.

B. Compliance Officer - Dan Sedlacek has accepted the position of Compliance Officer with the Board. Mr. Sedlacek will begin his position on Tuesday, July 5, 2016, and has been assigned to the northwestern counties in Iowa.

C. Program Planner/Prescription Monitoring Program (PMP) Administrator - the PMP administrator position has been placed on hold. Discussion has been held regarding a pharmacist filling the position.

D. Database Update - The first draft of the Project Charter is complete and the Business Needs Analysis is currently being refined. A projected timeline_was provided for review, with September 30, 2017, as the estimated completion date for the new database.

E. Office Lease - The board office lease is due for renewal on August 1, 2016. The Department of Administrative Services (DAS) is in the process of negotiating lease terms with the Iowa Board of Pharmacy, Iowa Dental Board, Board of Medicine, and Board of Nursing.

Miscellaneous

The Iowa Board of Nursing has directed the nursing staff to develop rules in collaboration with the Iowa Board of Pharmacy that would permit Advanced Registered Nurse Practitioners (ARNPs) to enter into a Collaborative Practice Agreement with pharmacists. The Iowa Board of Pharmacy will be working with the Iowa Board ofNursing to develop rules.

June 29-30, 2016 Page 7 of 11

Board Program

TakeAway Program Request for Proposal - Meghan Gavin.

The Iowa Board of Pharmacy has been working with the Department of Administrative Services and issued a Request for Proposal for a vendor for the TakeAway Program. The Board received two responses and went through a review committee and scoring process as required by the state of Iowa's procurement process. The Board issued intent to award contract letters to both vendors.

A contract was offered to the Iowa Pharmacy Association (IP A) to supply non-controlled substance receptacles, which is currently being used for the TakeAway Program. A contract to supply DEA-compliant controlled substance receptacles was offered to another vendor.

The current contract with IPA will terminate on June 30, 2016. New contracts would have began on July 1, 2016, but IP A has appealed the intent to award the contracts and contract negotiations are stayed. The appeal process will delay the execution of the contracts. A hearing is set for August 11, 2016. A decision regarding the appeal will be decided by an Administrative Law Judge.

As part of the current contract through IP A, the Board pre-purchased receptacles. The program will continue beginning July 1, 2016, with board staff assuming the responsibility of administering the program. It is estimated that there are enough receptacles to administer the program until October 2016.

2. FYI 7 Revenue Report Through July 1, 2016.

The FYI 7 Revenue Report was provided for review and discussion.

3. FYI 7 Financial Statement as of July 1, 2016.

The FYI 7 Financial Statement was provided for review and discussion.

4. 2016 National Association of Boards of Pharmacy's (NABP) 112th Annual Meeting Summaiy.

The National Association of Boards of Pharmacy's (NABP) 112'h Annual Meeting was held on May 14-17, 2016, in San Diego, California. James Miller, Sharon Meyer, Jason Hansel, and Andrew Funk attended the meeting.

5. 2016 NABP District 5 Meeting- Lincoln, Nebraska.

NABP's District 5 Meeting will be held in Lincoln, Nebraska on August 4-6, 2016. Sharon Meyer, Jim Wolfe, Curt Gerhold, Edward McKenna, and Andrew Funk plan to attend the meeting.

6. 2017 NABP District 5 Meeting- West Des Moines.

The Iowa Board of Pharmacy will be hosting the NABP District 5 Meeting in August of 2017. The meeting will be held at the Holiday Inn on Mills Civic Parkway, in West Des Moines.

7. Jean Rhodes will be attending NABP's Critical Point's Sterile Compounding Inspector Certification Training in New Jersey, on July 19-21, 2016.

June 29-30, 2016 Page 8 of 11

8. Carl E. Olsen vs. Iowa Board of Pharmacy- Legal Update, Meghan Gavin.

Meghan Gavin provided an update regarding Carl Olsen's appeal to the Iowa District Court.

9. NABP e-Profile Presentation - Bill Cover, R.Ph., Member Relations and Government Affairs Director.

NABP's mission is to assist state boards of pharmacy in public protection. Mr. Cover provided a presentation on NABP's Verified Pharmacy Program, e-Profile Connect, and various services, accreditations, and certifications available through NABP.

10. Iowa Pharmacy Technician Education: Development of an Accredited Education Program in Iowa - Maureen Donovan.

Maureen Donovan provided a presentation and timeline on a proposed Unified Pharmacy Technician Education Program for the state oflowa.

11. Iowa Monitoring Program for Pharmacy Professionals (IMP3).

A. Information.

1. Beginning July 1, 2016, the Iowa Board of Pharmacy will work with the Board of Medicine to manage IMP3.

2. A copy of the IPRN Questions and Answers Spring 2016 Meeting was provided for review.

3. A copy of the IMP3 brochure was provided for review.

4. Debbie Jorgenson is working on developing a logo for the IMP3. Ms. Jorgenson will be working with the Office of the Chief Information Officer (OCIO) to develop a website for the program.

B. IMP3 FY2017 Budget.

The IMP3 FY2017 budget was provided for review and discussion.

C. Committee Confirmations.

Motion by Edward Maier, seconded by Edward McKenna, to approve Andrew Funk, Executive Director, Iowa Board of Pharmacy; Renae Chestnut, Dean, Drake University College of Pharmacy and Health Sciences; Jeff Reist, Faculty, University of Iowa College of Pharmacy; Bruce Alexander, R.Ph.; Charles V. Wadle, D.0.; Amanda Latta, R.Ph.; Tracy C. Petersen, R.Ph.; Deana Schuplin, LMHC, ACADC; and Trevor Petersma, Public Member to serve on the IMP3 Committee.

D. Current Iowa Pharmacy Recovery Network (IPRN) Participants - Modifications to Board Orders.

Motion by Jason Hansel, seconded by Edward McKenna, to approve modifications to the Findings of Fact, Conclusions of Law, Decision, and Orders and Settlement Agreement and Final Order currently under Board order to participate in IPRN. Copies of the Orders are attached as Addendum O (Nielcen), Addendum P (Prashad), Addendum Q (Sarrazin), Addendum (R) Cottington, and Addendum (S) Latta.

June 29-30, 2016 Page 9 of 11

12. Hy-Vee Pharmacy Fulfillment Center 1st Quarter 2016 Etl'or Report.

Hy-Vee Pharmacy Fulfillment Center submitted their 1st Quarter 2016 Ell'or Report for review.

13. 2015 Zearing Telepharmacy End of Year Summary Report-Nick Dahlke, NuCara Pharmacy.

NuCara Telepharmacy provided their End of Year Summary Report for review.

14. New Practice Model Combined Quarterly Report - Megan Myers, Iowa Pharmacy Association. ·

The New Practice Model Combined Quarterly Report was provided for review. Megan Myers provided a summary of the report.

15. Iowa on Alert for New Class of Dangerous Synthetic Drngs - Iowa Department of Public Health.

The Iowa Board of Pharmacy supports notification to the public through the news release process.

Requests

1. Request for Waiver - 657 I.A.C. 20.4 Sterile Compounding - Mike Zadina, Council Bluffs.

Motion by Edward McKenna, seconded by LaDonna Gratias, to approve the request for waiver until December 31, 2016. Motion approved unanimously.

2. Request for Waiver - 657 I.A.C. 20.4 Sterile Compounding- Green County Medical Center, Jefferson.

Motion by Edward Maier, seconded by Jason Hansel, to approve the request for waiver until December 31, 2016. Motion approved unanimously.

3. Request for Waiver - 657 I.A.C. 20.4 Sterile Compounding - Allen Memorial Hospital Pharmacy, Waterloo.

Motion by Edward McKenna, seconded by Edward Maier, to approve the request for waiver until December 31, 2016. Motion approved unanimously.

4. Request for Waiver - 657 I.A.C. 5.17 Tasks a Pharmacy Support Person Shall Not Perform Kathy J. Lee, Des Moines Central Correctional Pharmacy, Mitchellville.

Motion by Edward Maier, seconded by Jason Hansel, to deny the request for waiver and notify accommodations can be requested for testing. Motion approved unanimously.

5. Request for Waiver - 657 I.A.C. 9.15(2) Bar Coding or Technology-Based Verification is Available and Used- Baum Harmon Mercy Hospital, Sioux City.

Motion by Edward Maier, seconded by Sharon Meyer, to approve the request for waiver as submitted. Motion approved unanimously.

6. Removal of Disciplinary Documents: Carrie Call'ithers.

The Board took no formal action on this item.

June 29-30, 2016 Page 10 of 11

7. New Practice Model Phase 3 - Megan Myers and Kate Gainer, Iowa Phatmacy Association.

Motion by Edward Maier, seconded by LaDonna Gratias, to approve the Phase 3 pilot project for 18 months from the date of the Order with the reporting of pharmacist's hours and requiring final show-and-tell. Motion approved unanimously.

8. New Practice Model Phase 4: Mercy Family Pharmacy's Request to Join Phase 4.

Motion by Edward Maier, seconded by Jason Hansel, to approve Mercy Family Phatmacy's request to join Phase 4 of the New Practice Model. James Miller recused himself. Motion passed.

Request - Rania J. Robinson, Cedar Rapids

At 12:30 p.m., motion by Edward Maier, seconded by Jason Hansel, the Board voted unanimously by roll call vote to move into closed session pursuant to Iowa code section 21.S(l)(a), to review or discuss records which are required or authorized by state or federal law to be kept confidential according to the provisions of Chapter 17A.

At 12:40 p.m., while still in closed session, Edward Maier moved that the Board go into open session, seconded by Jason Hansel. Motion approved unanimously. Motion by Jason Hansel, seconded by Edward McKenna, to grant Ms. Robinson's request. Motion approved unanimously.

Rules

I. Termination of Notice of Intended Action Proposing to Amend - Chapter 7, "Hospital Pharmacy Practice."

Motion by Edward Maier, seconded by Jason Hansel, to approve termination of Notice of Intended Action proposing to amend Chapter 7, "Hospital Pharmacy Practice." Motion approved unanimously. A copy is attached as Addendum T.

2. Notice of Intended Action - Amend Chapter 8, "Universal Practice Standards," and Adopt New Chapter 13, "Telepharmacy Practice."

The public addressed the Board with their comments.

Motion by Jason Hansel, seconded by Sharon Meyer, to approve for filing Notice ofintended Action. Motion approved unanimously. A copy is attached as Addendum U.

3. Notice of Intended Action to Rescind Chapter 30, "Impaired Pharmacy Professional and Technician Recovery Program," and Adopt New Chapter 30, "Iowa Monitoring Program for Pharmacy Professionals."

Motion by LaDonna Gratias, seconded by Edward McKenna, to approve for filing Notice of Intended Action. Motion approved unanimously. A copy is attached as Addendtnn V.

4. Proposed for Adoption and Filing, Chapter 21, "Electronic Data in Pharmacy Practice."

Motion by Edward Maier, seconded by LaDonna Gratias, to approve for Adoption and Filing. Motion approved unanimously. A copy is attached as Addendum W.

June 29-30, 2016 Page 11 of 11

Licensure/Registrations

1. Garry N. Adams, Coralville - Initial Pharmacy Support Person Registration Application.

Motion by Edward Maier, seconded by Edward McKenna, to approve the Initial Pharmacy Support Person Registration Application. Motion approved unanimously.

2. Matthew Hartung, Wilton - Initial Pharmacy Support Person Registration Application.

Motion by Edward Maier, seconded by Edward McKenna, to approve the Initial Pharmacy Support Person Registration Application. Motion approved unanimously.

3. Phillip Moist, Lombard, Illinois -Application for Licensure by Examination.

Motion by Edward Maier, seconded by Edward McKenna, to require Mr. Moist to register as a phannacist-intern and complete 1,500 hours of internship in a board-approved Iowa pharmacy prior to taking the NAPLEX and MPJE Examinations. Motion approved unanimously.

Complaints Against Non-Licensees

2016-88, Hornbill Asian Market, Waterloo.

This item was tabled.

Motion by Edward Maier, seconded by Jason Hansel, to adjourn at 1 :35 p.m. on June 30, 2016.

bec~r-f/ut_Becky Hali

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-----? ~fJ4{iijAndrew Funk esMiller·

Executive Director Board Chair

APPROVED THIS S ( DAY OF /l~ w-'-- , 20&.

ADDENDUM A

SETTLEMENT AGREEMENT

AND

FINAL ORDER

GREENVILLE PHARMACY

PHARMACY LICENSE NO. 667

SIOUX CITY, IOWA

BEFORE THE IOWA BOARD OF PHARMACY

Re: ) Pharmacy License of )

) SETTLEMENT AGREEMENT GREENVILLE PHARMACY ) AND FINAL ORDER License No. 667 ) Respondent. )

CASE NO. 2015-184

Pursuant to Iowa Code sections 17A.12(5) and 272C.3(4) (2015), and 657 IAC 36.6, the Iowa Board of Pharmacy ("Board") and Greenville Pharmacy ("Respondent") enter into the following Settlement Agreement and Final Order ("Order") to settle a contested case currently pending before the Board.

The allegations contained in the Statement of Charges against Respondent shall be resolved without proceeding to hearing, as the Board and Respondent stipulate as follows:

1. The Board filed a Notice ofHearing and Statement of Charges on May 4, 2016.

2. The Board has jurisdiction over the parties and the subject matter of these proceedings.

3. Respondent admits the allegations in the Statement of Charges and acknowledges that the allegations, if proven in a contested case proceeding, would constitute grounds for the discipline agreed to in this Order.

4. Execution of this Order constitutes the resolution of a contested case. Respondent has a right to hearing before the Board on the charges, but Respondent waives the right to hearing and all attendant rights, including the right to appeal or seek judicial review of the Board's actions, by freely and voluntarily entering into this Order. Once entered, this Order shall have the force and effect of a disciplinary order entered following a contested case hearing.

5. Respondent acknowledges that it has the right to be represented by counsel on this matter.

6. Respondent agrees that the State's counsel may present this Order to the Board and rciay have ex parte communications with the Board while presenting it.

7. This Order is subject to approval by a majority of the full Board. If the Board does not approve this Order, it shall be ofno force or effect to either paity, and shall not be admissible for any purpose in further proceedings in this matter. If the Board approves this Order, it shall be the full and final resolution of this matter.

8. This Order shall be pait of Respondent's permanent record and shall be considered by the Board in determining the nature and severity of any disciplinary action to be imposed in the event of any future violations.

9. This Order shall not be binding as to any new complaints received by the Board.

10. Respondent understands the Board is required by federal law to repmt any adverse action to the National Association of Boards of Phaimacy' s Disciplinaiy Clearinghouse and the National Practitioner Data Bank.

11. This Order, when fully executed, is a public record and is available for inspection and copying in accordance with the requirements of Iowa Code chapters 22 and 272C.

12. The Board's approval of this Order shall constitute a FINAL ORDER of the Board.

IT IS THEREFORE ORDERED:

13. Respondent is hereby CITED for fraud in procuring a license and WARNED that Respondent's failure to comply with the laws and rules governing the practice of pharmacy in the future could result in further discipline.

14. Respondent shall pay a CIVIL PENALTY in the amount of five hundred dollars ($500) within sixty (60) days of Board approval of this Order. The check shall be made payable to the "Treasurer of Iowa" and shall be deposited in the general fund. The civil penalty should be mailed to the Iowa Board of Phaimacy, Attn: Debbie Jorgenson, 400 SW Eighth Street, Suite E, Des Moines, 1A 50309.

15. Should Respondent violate the terms of this Order, the Board may initiate action to impose other licensee discipline as authorized by Iowa Code chapters 147, 155A, and 272C and 657 IAC 36.

This Settlement Agreement and Final Order is voluntarily submitted by Respondent to the Board for its consideration on the l.k__ day of /vi '"'1 , 2016.

I

I GREE PHARMACY Res ndent

By this signature, v aclmowledges s/he is the Q w n ,:, r / pr- f 'S ,d,,_ - for Greenville Pharmacy and is authorized to sign this

Settlement Agrefement and Final Order on behalf of Greenville Pharmacy.

· This Settlement Agreement and Final Order is approved by the Iowa Board of Pharmacy on the

3ot11 day of ~M,11 / , 2016.

Chairpif Iowa Brd ofPhmmacy

Copy to:

Laura Steffensmeier Assistant Attorney General Licensing & Administrative Law Division Iowa Depa1tment of Justice Hoover Building, 2nd Floor Des Moines, IA 50319

ADDENDUM B


AND

FINAL ORDER

ROBERT P. REHAL

PHARMACIST LICENSE N0.17478

SIOUX CITY, IOWA


Re: ) CASE NO. 2015-184 Pharmacist License of )

) SETTLEMENT AGREEMENT ROBERT P. REHAL ) AND FINAL ORDER License No. 17478 ) Respondent. )

Pursuant to Iowa Code sections 17A.12(5) and 272C.3(4) (2015), and 657 IAC 36.6, the Iowa Board of Pharmacy ("Board") and Robert P. Reha! ("Respondent") enter into the following Settlement Agreement and Final Order ("Order") to settle a contested case currently pending before the Board.


1. The Board filed a Notice of Hearing and Statement of Charges on May 4, 2016.

2. The Board has jurisdiction over the patties and the subject matter ofthese proceedings.

3. Respondent admits the allegations in the Statement of Charges and acknowledges that the allegations, if proven in a contested case proceeding, would constitute grounds for the discipline agreed to in this Order.


5. Respondent acknowledges that he has the right to be represented by counsel on this matter.

6. Respondent agrees that the State's counsel may present this Order to the Board and may have ex parte communications with the Board while presenting it.

7. This Order is subject to approval by a majority of the full Board. If the Board does not approve this Order, it shall be ofno force or effect to either patty, and shall not be admissible for any purpose in further proceedings in this matter. If the Board approves this Order, it shall be the full and final resolution ofthis matter.

8. This Order shall be part of Respondent's permanent record and shall be considered by the Board in determining the nature and severity of any disciplinary action to be imposed in the event of any future violations.

9. This Order shall not be binding as to any new complaints received by the Board.

I0. Respondent understands the Board is required by federal law to report any adverse action to the National Association of Boards of Pharmacy's Disciplinary Clearinghouse and the ' National Practitioner Data Bank.

11. This Order, when fully executed, is a public record and is available for inspection and copying in accordance with the requirements oflowa Code chapters 22 and 272C.



13. Respondent is hereby CITED for fraud in procuring a license and WARNED that Respondent's failure to comply with the laws and rules governing the practice of pharmacy in the future could result in further discipline.

14. Respondent shall pay a CIVIL PENALTY in the amount of five hundred dollars ($500) within sixty (60) days of Board approval of this Order. The check shall be made payable to the "Treasurer of Iowa" and shall be deposited in the general fund. The civil penalty should be mailed to the Iowa Board of Pharmacy, Attn: Debbie Jorgenson, 400 SW Eighth Street, Suite E, Des Moines, IA 50309.

15. Should Respondent violate the terms of this Order, the Board may initiate action to impose other licensee discipline as authorized by Iowa Code chapters 147, 155A, and 272C and 657 IAC 36.

This Settlement Agreement and Final Order is voluntarily submitted by Respondent to the Board for its consideration on the 11,,_ day of {V\61 '/ , 2016.

I

~AT

This Settlement Agreement and Final Order is approved by the Iowa Board of Pharmacy on the

3{t'\!ay of ~IY\Q _, , 2016.

Ll2=aew Chairper~ ~ Iowa Board of Pharmacy

Copy to:

Laura Steffensmeier Assistant Attorney General Licensing & Administrative Law Division Iowa Department of Justice · Hoover Building, 2nd Floor Des Moines, IA 50319

ADDENDUM C


AND

FINAL ORDER

AMYHANEN

PHARMACY TECHNICIAN REGISTRATION NO. 16724

DUBUQUE, IOWA


Re: ) CASE NO. 2016-23 Certified Technician Registration of )

) SETTLEMENT AGREEMENT AMYHANEN ) AND FINAL ORDER Registration No. 16724 ) Respondent. )

Pursuant to Iowa Code sections 17A.12(5) and 272C.3(4) (2015), and 657 IAC 36, the Iowa Board of Pharmacy ("Board") and Amy Hanen ("Respondent") enter into the following Settlement Agreement and Final Order ("Order") to settle acontested case currently pending before the Board.


1. The Board filed a Notice of Hearing and Statement of Charges on May 4, 2016.

2. The Board has jurisdiction over the parties and the subject matter of these proceedings. . - . . . . .

3. Respondent adniits the allegatlonsin the Statement ofCharges and aclmowledges that the allegations, if proven in a contested case proceeding, would constitute grounds for the discipline agreed to in this Order.


5. Respondent aclmowledges that she has the right to be represented by counsel on this matter.

6. Respondent agrees that the State's counsel may present this Order to the Board and may have ex parte communications with the Board while presenting it.

7. This Order is subject to approval by a majority of the full Board. If the Board does not approve this Order, it shall be of no force or effect to eithe1: party, and shall not be admissible for any purpose in further proceedings in this matter. If the Board approves this Order, it shall be the full and final resolution of this matter.

8. This Order shall be part of Respondent's perm;~ent record and shall be considered by the Board in determining the nature and severity of any disciplinary action to be imposed in the event of any future violations.

9. Respondent understands the Board is required by federal law to report any adverse action to the National Association of Boards of Pharmacy's Disciplinary Clearinghouse and the National Practitioner Data Bank. ·

10. This Order, when fully executed, is a public record and is available for inspection and copying in accordance with the requirements of Iowa Code chapters 22 and 272C.



12. Respondent agrees to VOLUNTARILY SURRENDER her pharmacy technician registration to resolve this matter.

13. This voluntary sunender is considered discipline and, when accepted by the Board, has the same force and effect as an order of revocation under 657 IAC 36.15. Respondent may not request reinstatement for at least one year from the date of this Order.

14. Respondent may request reinstatement of her Iowa pharmacy technician registration by filing an application for reinstatement under 657 IAC 36.13. Respondent's registration shall not be reinstated except upon a showing by Respondent that the basis for revocation of her registration no longer exists, and that it is in the public interest for the registration to be reinstated.

15. Respondent agrees not to work in a pharmacy m any capacity in Iowa unless her technician registration is reinstated.

16. Should Respondent violate the te1ms of this Order, the Board may initiate action to impose other licensee discipline as authorized by Iowa Code chapters 147, 155A, and 272C and 657 IAC 36.

This Settlement Agreement and Final Order is voluntarily submitted by Respondent to the Board for its consideration on the 1/.f day of -1110 if ,2016.

c·---1--··-··1= c;:;:::::=~- ..;;;:~:c-~~---=. .... ':- ~->.....:/~~·~ . . •.. :... .

AMY ANEN Respondent

This Settlement Agreement and Final Order is approved by the Iowa Board of Pharmacy on the

Joi"-dayof ~ ,2016. •

c.k~

ChairJ#?on Iowa Board of Phaimacy

Copy to:

Laura Steffensmeier Assistant Attorney General Licensing & Administrative Law Division Iowa Department of Justice Hoover Building, 2"d Floor Des Moines, IA 50319 ATTORNEYFORTHESTATE

ADDENDUM D

NOTICE OF HEARING

AND

STATEMENT OF CHARGES

WAYNE FAGAN

PHARMACY SUPPORT PERSON REGISTRATION NO. 2863

CEDAR RAPIDS, IOWA


Re: CASE NOS. 2016-20 & 2016-26 Pharmacy Support Person Registration of

NOTICE OF HEARING AND WAYNE FAGAN STATEMENT OF CHARGES Registration No. 2863 Respondent.

COMES NOW the Iowa Board of Pharmacy ("Board") and files this Notice of Hearing and Statement of Charges against Wayne Fagan ("Respondent"), 1015 101h St. SW, Cedar Rapids, Iowa 52404, pursuant to Iowa Code sections 17A.12(2), 17A.18(3), and 272C.3(1)"e", and 657 IAC 35.5 and 36.5. Respondent's Iowa pharmacy support person registration number 2863 is currently delinquent, having expired April 30, 2016.

A. TIME, PLACE, AND NATURE OF HEARING

Hearing. A disciplinary contested case hearing shall be held on August 30, 2016, before the Board. The hearing shall be held during the afternoon session beginning at 1:00 p.m. and shall be located in the Board conference room located at the Iowa Board of Pharmacy Office, 400 S.W. 81h Street, Suite E, Des Moines, Iowa, 50309-4688.

Answer. Within twenty (20) days of the date you are served this Notice of Hearing and Statement of Charges, you may file an Answer pursuant to 657 IAC 35.11. The Answer should specifically admit, deny, or otherwise answer all allegations contained in sections C and D of this Notice of Hearing and Statement of Charges.

Filing of Pleadings. Pleadings shall be filed with the Board at the following address: Iowa Board of Pharmacy, 400 S.W. 81h Street, Suite E, Des Moines, Iowa, 50309-4688.

Presiding Officer. The Board shall serve as presiding officer, but the Board may request an Administrative Law Judge from the Department of Inspections and Appeals make initial rulings on prehearing matters, and be present to assist and advise the Board at hearing.

Pre-hearing Conference. Any party may request a prehearing conference in accordance with 657 IAC 35.15 to discuss issues related to the hearing.

Hearing Procedures. The procedural rules governing the conduct of the hearing are found at 657 IAC 35. At the hearing, you may appear personally or be represented by counsel at your own expense. You will be allowed the opportunity to respond to the charges against you, to produce evidence on your behalf on issues of material fact, cross-examine witnesses present at the hearing, and examine and respond to any documents introduced at the hearing. If you need to request an alternative time or date for the hearing, you must comply with the

requirements in 657 IAC 35.16. The hearing may be open to the public or closed to the public at your discretion.

Prosecution. The Office of Attorney General is responsible for representing the public interest (the State) in this proceeding. Copies of pleadings should be provided to counsel for the State at the following address:

Laura Steffensmeier Assistant Attorney General Iowa Attorney General's Office 2nd Floor, Hoover State Office Building Des Moines, Iowa 50319

Ms. Steffensmeier can also be reached by phone at (515) 281-6690 or by e-mai.1 at [email protected].

Communications. You may contact the Board office at (515) 281-5944 with questions regarding this notice and other matters relating to these disciplinary proceedings. You may not contact individual Board members in any manner, including by phone, letter, or e-mail, regarding this Notice of Hearing and Statement of Charges. · Board members may only receive information about the case when all parties have notice and the opportunity to participate, such as at the hearing or in pleadings you file with the Board office and serve upon all parties in the case.

B. LEGAL AUTHORITY AND JURISDICTION

Jurisdiction. The Board has jurisdiction in this matter pursuant to Iowa Code chapters 17A, 147, 155A, and 272C (2015).

Legal Authority. If any of the allegations against you are founded, the Board has authority to take disciplinary action against you under Iowa Code chapters 147, 155A, and 272C, and 657 IAC 36.

Default. If you fail to appear at the hearing, the Board may enter a default decision or proceed with the hearing and render a decision in your absence, in accordance with Iowa Code section 17A.12(3) and 657 IAC 35.21.

C. CHARGES

COUNT I

CRIMINAL CONVICTIONS

Respondent is charged with conviction of a crime related to the profession or occupation of the licensee or the conviction of any crime that would affect the licensee's ability to practice within a profession, pursuant to Iowa Code sections 147.55(5) and 155A.6B(5), and

. 657 IAC 5.26 and 36.1(4)"u".

mailto:[email protected]

COUNT II

HABITUAL INTOXICATION/ADDICTION TO DRUGS

Respondent is charged with habitual intoxication or addiction to the use of drugs, pursuant to Iowa Code sections 147.55(4) and 155A.6B(5}, and 657 IAC 5.26 and 36.1{4}"d".

D. FACTUAL CIRCUMSTANCES

1. Respondent was issued a pharmacy support person registration in April of 2014.

2. Respondent has the following criminal convictions in Linn County, Iowa, that occurred since the issuance of his pharmacy support person registration:

a. Trespass on August 31, 2014;

b. Theft-5'h degree on September 5, 2014;

c. Operating while under the influence on November 21, 2014;

d. Public intoxication on February 21, 2015;

e. Public intoxication on June 26, 2015;

f. Operating while under the influence on August 6, 2015;

g. Harassment-3rd degree on September 9, 2015;

h. Theft-5'h degree on September 9, 2015;

i. Possession of a controlled substance-marijuana on October 14, 2015;

j. Trespass on October 14, 2015;

k. Theft-5th degree on January 8, 2016;

I. Forgery on January 12, 2016;

m. Burglary-2"d degree on January 12, 2016; and

n. Unauthorized use of credit card-under $1000 on January 12, 2016.

3. Respondent's numerous convictions involving alcohol and drugs lead the Board to conclude that Respondent is habitually intoxicated and/or addicted to the use of drugs.

E. SETILEMENT

This matter may be resolved by settlement agreement. The procedural rules governing the Board's settlement process are found at 657 IAC 36.6. If you are interested in pursuing

settlement in this matter, please contact Assistant Attorney General Laura Steffensmeier at (515) 281-6690.

F. FINDING OF PROBABLE ~AUSE

On this.,31,)+~day of June, 2016, the Iowa Board of Pharmacy found probable cause to file this Notice of Hearing and Statement of Charges.

Chair:Son Iowa Board of Pharmacy

Copy to:

Laura Steffensmeier Assistant Attorney General Hoover Building, 2"d Floor Des Moines, IA 50319

PLEASE NOTE: If you require the assistance of auxiliary aids or services to participate in this

matter because of a disability, immediately call 515-281-5944. (If you are hearing impaired, call

Relay Iowa TIY at 1-800-735-2942).

ADDENDUM E

NOTICE OF HEARING

AND


WALGREENS PHARMACY #4405

PHARMACY LICENSE NO. 719

COUNCIL BLUFFS, IOWA


Re: CASE NO. 2016-57 · Pharmacy License of

NOTICE OF HEARING AND WALGREENS #4405 STATEMENT OF CHARGES License No. 719 Respondent.

COMES NOW the Iowa Board of Pharmacy ("Board") and files this Notice of Hearing and Statement of Charges against Walgreens #4405 ("Respondent"), 2508 W Broadway, Council Bluffs, IA 51501, pursuant to Iowa Code sections 17A.12(2), 17A.18{3), and 272C.3{1)"e", and 657 IAC 35.5 and 36.5. Respondent's Iowa pharmacy license number 719 is currently active through December 31, 2016.


Hearing. A disciplinary contested case hearing shall be held on August 30, 2016, before the Board. The hearing shall be held during the afternoon session beginning at 1:00 p.m. and shall be located in the Board conference roqm located at the Iowa Board of Pharmacy Office, 400 S.W. 3th Street, Suite E, Des Moines, Iowa, 50309-4688.

Answer. Within twenty {20) days of the date you are served this Notice of Hearing and Statement of Charges, you may file an Answer pursuant to 657 IAC 35.11. The Answer should specifically admit, deny, or otherwise answer all allegations contained in sections C and D of this Notice of Hearing.and Statement of Charges.

Filing of Pleadings. Pleadings shall be filed with the Board at the following address: Iowa Board of Pharmacy, 400 S.W. 3th Street, Suite E, Des Moines, Iowa, 50309-4688.



Hearing Procedures. The procedural rules governing the conduct of the hearing are found at 657 IAC 35. At the hearing, you may appear personally or be represented by co.unsel at your own expense. You will be allowed the opportunity to respond to the charges against you, to produce evidence on your behalf on issues of material fact, cross-examine witnesses present at the hearing, and examine and respond to any documents introduced at the hearing. If you need to request an alternative time or date for the hearing, you must comply with the


Prosecution. The Office of Attorney General is responsible for representing the public interest {the State} in this proceeding. Copies of pleadings should be provided to counsel for the State at the following address:

Laura Steffensmeier Assistant Attorney General Iowa Attorney General's Office 2"d Floor, Hoover State Office Building Des Moines, Iowa 50319

Ms. Steffensmeier can also be reached by phone at {515} 281-6690 or by e-mail at [email protected].

Communications. You may contact the Board office at (515) 281-5944 with questions regarding this notice and other matters relating to these disciplinary proceedings. You may not contact individual Board members in any manner, including by phone, letter, or e-mail, regarding this Notice of Hearing and Statement of Charges. Board members may only receive information about the case when all parties have notice and the opportunity to participate, such as at the hearing or in pleadings you file with the Board office and serve upon all parties in the case.





C. CHARGES

COUNT I

EMPLOYING TECHNICIANS WITHOUT PROPER REGISTRATIONS

Respondent is charged with violating rules 657 IAC 3.3, 8.3(2), 8.3(3)"a", which require pharmacy technicians to maintain current registrations and place responsibility on the pharmacy for ensuring compliance, pursuant to Iowa Code sections .147.55(9} and 155A.15{2}"c", and 657 IAC 36.1(4}"u".



1. On April 6, 2016, Respondent underwent a routine pharmacy inspection.

2. The inspection uncovered the following as it relates to technician registrations:

• One technician on duty with an expired registration since November 30, 2013;

• One technician on duty with an expired registration since March 31, 2014;


• One technician on duty who had never registered with the Board, yet had worked at the pharmacy for approximately two years; and

• One technician who was not on duty with an expired registration since April 30, 2014.

E. SETTLEMENT I

This matter may be resolved by settlement agreement. The procedural rules governing the Board's settlement process are found at 657 IAC 36.6. If you are interested in pursuing settlement in this matter, please contact Assistant Attorney General Laura Steffensmeier at {515) 281-6690.

F. FINDING OF PROBABLE CAUSE

On this~day of June, 2016, the Iowa Board of Pharmacy found probable cause to file this Notice of Hearing and Statement of Charges.

Chairp= Iowa Board of Pharmacy

Copy to:




Relay Iowa TTY at 1-800-735-2942).

ADDENDUM F

NOTICE OF HEARING

AND


ANTHONY ALLEE

PHARMACIST LICENSE NO. 21301

OMAHA, NEBRASKA


Re: ) CASE NO. 2016-57 Pharmacist License of )

) NOTICE OF HEARING AND ANTHONY ALLEE ) STATEMENT OF CHARGES License No. 21301 ) Respondent. )

COMES NOW the Iowa Board of Pharmacy ("Board") and files this Notice of Hearing and Statement of Charges against Anthony Allee ("Respondent"), 4014 Nicholas Street, Omaha, Nebraska 68131, pursuant to Iowa Code sections 17A.12(2), 17A.18(3), and 272C.3(1)"e", and 657 IAC 35.5 and 36.5. Respondent's Iowa pharmacist license number 21301 is currently active through June 30, 2016.









Prosecution. The Office of Attorney General is responsible for representing the public interest (the State} in this proceeding. Copies of pleadings should be provided to counsel for the State at the following address:


Ms. Steffensmeier can also be reached by phone at (515} 281-6690 or by e-mail at [email protected].

Communications. You may contact the Board office at (515} 281-5944 with questions regarding this notice and other matters relating to these disciplinary proceedings. You may not contact individual Board members in any manner, including by phone, letter, or e-mail, regarding this Notice of Hearing and Statement of Charges. Board members may only receive information about the case when all parties have notice and the opportunity to participate, such as at the hearing or in pleadings you file with the Board office and serve upon all parties in the case.


Jurisdiction. The Board has jurisdiction in this matter pursuant to Iowa Code chapters 17A, 147, 155A, and 272C (2015}.


Default. If you fail to appear at the hearing, the Board may enter a default decision or proceed with the hearing and render a decision in your absence, in accordance with Iowa Code section 17A.12(3} and 657 IAC 35.21.

C. CHARGES

COUNT I

EMPLOYING TECHNICIANS WITHOUT PROPER REGISTRATIONS

Respondent is charged with violating rules 657 IAC 3.3, 8.3(1}, 8.3(3}"a", which require pharmacy technicians to maintain active registrations and place responsibility on the pharmacist in charge for ensuring compliance, pursuant to Iowa Code sections 147.55(9} and 155A.12(1}, and 657 IAC 36.1(4)"u".



1. On April 6, 2016, Respondent was pharmacist in charge at Walgreens #4405 in Council Bluffs, Iowa.

2. On April 6, 2016, Walgreens #4405 underwent a routine pharmacy inspection.

3. The inspection uncovered the following as it relates to technician registrations:

• One technician on duty with an expired registration since November 30, 2013;



• One technician on duty who had never registered with the Board, yet had worked at the pharmacy for approximately two years; and

• One technician who was not on duty with an expired registration since April 30, 2014.

E. SETILEMENT

This matter may be resolved by settlement agreement. The procedural rules governing the Board's settlement process are found at 657 IAC 36.6. If you are interested in pursuing settlement in this matter, please contact Assistant Attorney General Laura Steffensmeier at (515) 281-6690.

F. FINDING bF PROBABLE CAUSE

On this,j()ft.\ day of June, 2016, the Iowa Board·of Pharmacy found probable cause to file this Notice of Hearing and Statement of Charges.

( ) (J;/M .Chairp~

Iowa Board of Pharmacy

Copy to:

Laura Steffensmeier Assistant Attorney General Hoover Building, 2nd Floor Des Moines, IA 50319


matter because of a disability, immediately.call 515-281-5944. (If you are hearing impaired, call

Relay Iowa TTY at 1-800-735-2942}.

ADDENDUM G

NOTICE OF HEARING

AND


CRAIG JOHNSON

PHARMACIST LICENSE NO. 16631



Re: CASE NO. 2016-57 Certified Technician Registration of

NOTICE OF HEARING AND CRAIG JOHNSON STATEMENT OF CHARGES Registration No. 16631 Respondent.

COMES NOW the Iowa Board of Pharmacy ("Board") and files this Notice of Hearing and Statement of Charges against Craig Johnson ("Respondent"), 4136 Avenue B, Council Bluffs, Iowa 51501, pursuant to Iowa Code sections 17A.12{2), 17A.18{3), and 272C.3{1}"e", and 657 !AC 35.5 and 36.5. Respondent's Iowa certified pharmacy technician registration number 16631 is currently active through April 30, 2018.



Answer. Within twenty {20} days of the date you are served this Notice of Hearing and Statement of Charges, you may file an Answer pursuant to 657 !AC 35.11. The Answer should specifically admit, deny, or otherwise answer all allegations contained in sections C and D of this Notice of Hearing and Statement of Charges.

Filing of Pleadings .. Pleadings shall be filed with the Board at the following address: Iowa Board of Pharmacy, 400 S.W. 81h Street, Suite E, Des Moines, Iowa, 50309-4688.



Hearing Procedures. The procedural rules governing the conduct of the hearing are found at 657 !AC 35. At the hearing, you may appear personally or be represented by counsel at your own expense. You will be allowed the opportunity to respond to the charges against you, to produce evidence on your behalf on issues of material fact, cross-examine witnesses present at the hearing, and examine and respond to any documents introduced at the hearing. If you need to request an alternative time or date for the hearing, you must comply with the


Prosecution. The Office of Attorney General is responsible for representing the public interest {the State) in this proceeding. Copies of pleadings should be provided to counsel for the State at the following address:

Laura Steffensmeier Assistant Attorney General Iowa Attorney General's Office 2nd Floor, Hoover State Office Building Des Moines, Iowa 50319

Ms. Steffensmeier can also be reached by phone at {515) 281-6690 or by e-mail at [email protected].






C. CHARGES

COUNTI

WORKING WITHOUT CURRENT REGISTRATION

Respondent is charged with failing to maintain a current technician registration with the

board while being employed as a technician in violation of 657 IAC 3.3, pursuant to Iowa Code sections 147.55(9) and 155A.6A(5), and 657 IAC 36.1(4)"v".


·


1. On April 6, 2016, Respondent was employed as a technician at Walgreens #4405 in Council Bluffs, Iowa.

2. On April 6, 2016, Walgreens #4405 underwent a routine pharmacy inspection.

3. Respondent was not on duty at the time of the inspection, but the inspection revealed that Respondent's technician registration had expired on April 30, 2014.

E. SETTLEMENT



~fl'\On. this, day of June, 2016, the Iowa Board of Pharmacy found probable cause to file this Notice of Hearing and Statement of Charges.

Chairper~


Copy to:

Laura Steffensmeier Assistant Attorney General Hoover Building, 2nd Floor Des Moines, IA 50319




ADDENDUM H

NOTICE OF HEARING

AND


STEPHANIE CARBERRY

PHARMACY TECHNICIAN REGISTRATION N0.17243




NOTICE OF HEARING AND STEPHANIE CARBERRY STATEMENT OF CHARGES Registration No. 17243 Respondent.

COMES NOW the Iowa Board of Pharmacy ("Board") and files this Notice of Hearing and Statement of Charges against Stephanie Carberry ("Respondent"), 1037 Simms Avenue, Council Bluffs, Iowa 50503, pursuantto Iowa Code sections 17A.12(2), 17A.18(3), and 272C.3(1)"e", and 657 IAC 35.5 and 36.5. Respondent's Iowa certified pharmacy technician registration number 17243 is currently active through January 31, 2018.

\











Ms. Steffensmeier can also be reached by phone at (515) 281-6690 or by e-mail at [email protected].

Communications. You may contact the Board office at (515) 281-5944 with questions regarding this notice and other matters relating to these disciplinary proceedings. You may not contact· individual Board members in any manner, including by phone, letter, or e-mail, regarding this Notice of Hearing and Statement of Charges. Board members may only receive information about the case when all parties have notice and the opportunity to participate, such as at the hearing or in pleadings you file with the Board office and serve upon all parties in the case.


Jurisdiction. The Board has jurisdiction in this matter pursuant to Iowa Code chapters 17A, 147, 155A, and 272C {2015).


Default. If you fail to appear at the hearing, the Board may enter a default decision or proceed with the hearing and render a decision in your absence, in accordance with Iowa Code section 17A.12{3) and 657 IAC 35.21.

C. CHARGES

COUNT I


Respondent is charged with failing to maintain a current technician registration with the board while being employed as a technician in violation of 657 IAC 3.3, pursuant to Iowa Code sections 147.55(9) and 155A.6A(5), and 657 IAC 36.1(4)"v".


.



2. On April 6, 2016, Walgreens #4405 underwent a routine pharmacy inspection and Respondent was on duty as a technician.

3. Respondent's technician registration with the board expired on March 31, 2014.

E. SETTLEMENT



On this~ day of June, 2016, the Iowa Board of Pharmacy found probable cause to file this Notice of Hearing and Statement of Charges.

Chairpers Iowa Board of Pharmacy

Copy to:





ADDENDUM I

NOTICE OF HEARING

AND


AMBER COZAD

PHARMACY TECHNICIAN REGISTRATION N0.17634




) NOTICE OF HEARING AND AMBER COZAD ) STATEMENT OF CHARGES Registration No. 17634 ) Respondent. )

COMES NOW the Iowa Board of Pharmacy ("Board") and files this Notice of Hearing and Statement of Charges against Amber Cozad ("Respondent"), 4517 Chapel Ridge Lane Apartment 7, Council Bluffs, Iowa 51501, pursuant to Iowa Code sections 17A.12(2), 17A.18(3), and 272C.3{1)"e", and 657 !AC 35.5 and 36.S. Respondent's Iowa certified pharmacy technician registration number 17634 is currently active through March 31, 2018.

















C. CHARGES

COUNT I


Respondent is charged with failing to maintain a current technician registration with the board while being employed as a technician in violation of 657 IAC 3.3, pursuant to Iowa Code sections 147.55(9) and 155A.6A(5}, and 657 IAC 36.1(4)"v".





3. Respondent's technician registration with the board expired on March 31, 2016.

E. SETILEMENT

This matter may be resolved by settlement agreement. The procedural rules governing

the Board's settlement process are found at 657 IAC 36.6. If you are interested in pursuing

settlement in this matter, please contact Assistant Attorney General Laura Steffensmeier at (515) 281-6690.


.-xt"l On this'JJ day of June, 2016, the Iowa Board of Pharmacy found probable cause to

file this Notice of Hearing and Statement of Charges.

,::;/' '-Chairperson


Copy to:

Laura Steffensmeier

Assistant Attorney General Hoover Building, 2nd Floor

Des Moines, IA 50319




ADDENDUMJ

NOTICE OF HEARING

AND


DANIEL MATHEW


OMAHA, NEBRASKA



NOTICE OF HEARING AND DANIEL MATHEW STATEMENT OF CHARGES Registration No. 23283 Respondent.

COMES NOW the Iowa Board of Pharmacy ("Board") and files this Notice of Hearing and Statement of Charges against Daniel Mathew ("Respondent"), 7108 N 112th Court Lot 369, Omaha, Nebraska 68142, pursuant to Iowa Code sections 17A.12(2), 17A.18(3), and 272C.3(1)"e", and 657 IAC 35.5 and 36.5. Respondent's Iowa certified pharmacy technician registration number 23283 is currently active through January 31, 2018.


Hearing, A disciplinary contested case hearing shall be held on August 30, 2016, before the Board. The hearing shall be held during the afternoon session beginning at 1:00 p.m. and shall be located in the Board conference room located at the Iowa Board of Pharmacy Office, 400 S.W. 3th Street, Suite E, Des Moines, Iowa, 50309-4688.


Filing of Pleadings. Pleadings shall be filed with the Board at the following address: Iowa Boa.rd of Pharmacy, 400 S.W. 3th Street, Suite E, Des Moines, Iowa, 50309-4688.


Pre-hearing Conference. Any party may request a prehearing conference in accordance with 657 IAC 35.15 to discuss issues related to the hearing. '

Hearing Procedures. The procedural rules governing the conduct of the hearing are found at 657 IAC 35. At the hearing, you may appear personally or be represented by counsel at your own expense. You will be allowed the opportunity to respond to the charges against you, to produce evidence on your behalf on issues of material fact, cross-examine witnesses present at the hearing, and examine and respond to any documents introduced at the hearing. If you. need to request an alternative time or date for the hearing, you must comply with the










C. CHARGES

COUNTI


Respondent is charged with failing to maintain a current technician registration with the board while being employed as a technician in violation of 657 IAC 3.3, pursuant to Iowa Code sections 147.55(9) and 155A.6A(5), and 657 IAC 36.1(4)"v".



1.. On April 6, 2016, Respondent was employed as a technician at Walgreens #4405 in Council Bluffs, Iowa. Respondent had been employed as a technician at that location for approximately two years.


3. At the time of the inspection, Respondent had never registered with the Board as a technician. Respondent has since been issued a technician registration.

E. SETTLEMENT

This matter may be resolved by settlement agreement. The procedural rules governing the Board's settlement process are found at 657 IAC 36.6. If you are interested in pursuing settlement in this matter, please contact Assistant Attorney General Laura Steffensmeier at {515) 281-6690.


. Q,,JI'\On thiSQU_ day of June, 2016, the Iowa Board of Pharmacy found probable cause to

file this Notice of Hearing and Statement of Charges.

/ t

Chairperson Iowa Board of Pharmacy

Copy to:

Laura Steffensmeier

Assistant Attorney General

Hoover Building, 2nd Floor

Des Moines, IA 50319



. Relay Iowa TTY at 1-800-735-2942).

ADDENDUM K

NOTICE OF HEARING

AND


NICOLE SCHULZ





) NOTICE OF HEARING AND NICOLE SCHULZ ) STATEMENT OF CHARGES Registration No. 23311 ) Respondent. )

COMES NOW the Iowa Board of Pharrnacy ("Board") and files this Notice of Hearing and Staternent of Charges against Nicole Schulz ("Respondent"), 423 Union Street, Council Bluffs, Iowa 51503, pursuant to Iowa Code sections 17A.12{2), 17A.18{3), and 272C.3{1)"e", and 657 IAC 35.5 and 36.5. Respondent's Iowa certified pharrnacy technician registration nurnber 23311 is currently active through Novernber 30, 2017.


Hearing. A disciplinary contested case hearing shall be held on August 30, 2016, before the Board. The hearing shall be held during the afternoon session beginning at 1:00 p.rn. and shall be located in the Board conference roorn located at the Iowa Board of Pharrnacy Office, 400 S.W. 8th Street, Suite E, Des Moines, Iowa, 50309-4688.

Answer. Within twenty {20) days of the date ypu are served this Notice of Hearing and Staternent of Charges, you rnay file an Answer pursuant to 657 IAC 35.11. The Answer should specifically adrnit, deny, or otherwise answer all allegations contained in sections C and D of this Notice of Hearing and Staternent of Charges.

Filing of Pleadings. Pleadings shall be filed with the Board at the following address: Iowa Board of Pharrnacy, 400 S.W. 81h Street, Suite E, Des Moines, Iowa, 50309-4688.

Presiding Officer. The Board shall serve as presiding officer, but the Board rnay request an Adrninistrative Law Judge frorn the Departrnent of Inspections and Appeals rnake initial rulings on prehearing rnatters, and be present to assist and advise the Board at hearing.

Pre-hearing Conference. Any party rnay request a prehearing conference in accordance with 657 IAC 35.15 to discuss issues related to the hearing.

Hearing Procedures. The procedural rules governing the conduct of the hearing are found at 657 IAC 35. At the hearing, you rnay appear personally or be represented by counsel at your own expense. You will be allowed the opportunity to respond to the charges against you, to produce evidence on your behalf on issues of rnaterial fact, cross-exarnine witnesses present at the hearing, and exarnine and respond to any docurnents introduced at the hearing. If you need to request an alternative tirne or date for the hearing, you rnust cornply with the



laura Steffensmeier Assistant Attorney General Iowa Attorney General's Office 2"d Floor, Hoover State Office Building Des Moines, Iowa 50319




Jurisdiction. The Board has jurisdiction in this matter pursuant to Iowa Code chapters 17A, 147, 155A, and 272C {2015).

legal Authority. If any of the allegations against you are founded, the Board has authority to take disciplinary action against you under Iowa Code chapters 147, 155A, and 272C, and 657 IAC 36.

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$tate of ]ohla ~oarb of 1)3barmatp - Iowa Board Pharmacy · 2016. 9. 2. · EDWARD McKENNA : KAY...

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