I. CALL TO ORDER

The Open Meeting of the New Jersey Board of Pharmacy was called to order by Board President Edward McGinley in the Somerset Room, 6th Floor at 124 Halsey Street, Newark, New Jersey on July 9, 2008 at 9:30 a.m. All members were duly notified of the time and place and all pertinent materials were provided to the members.

II. SUNSHINE LAW ANNOUNCEMENT

Mr. Edward McGinley, President read a statement to the effect that the newspapers and appropriate elected officials had been notified of the meeting according to the requirement of the Open Meetings Act N.J.S.A., Chapter 231, PL 1975,/C. 10:4-8.

III. ROLL CALL

Edward G. McGinley, R.Ph. President
Thomas Bender, R.Ph. Vice President
Pamela Allen, R.Ph. (Left at 2:22 pm)
Elvy T. Paiva, R.Ph. (Arrived at 9:45 am)
Richard Palombo, R.Ph.

OTHERS IN ATTENDANCE

Joanne Boyer, R.Ph. Executive Director
Marianne Greenwald, Esq. Deputy Attorney General

EXCUSED

Marc Sturgill, R.Ph.
Margherita Lafragola, R.Ph.
Peter Halecky, R.Ph.

IV. UPDATE BY EXECUTIVE DIRECTOR

The Executive Director announced that $21,312.50 was collected in fines and penalties during June, 2008. There were 55 pharmacists licensed during the month of June, 2008. Thirteen by reciprocity and 42 by examination/score transfer.

There were 232 pharmacy technicians registered during the month of June, 2008.

There were 4 pharmacy permits issued during the month of June, 2008. These were issued as the result of transfer of ownership or new pharmacies opening.

There were 73 out of state pharmacies registered during the month of June, 2008.

V. CONTINUING EDUCATION REPORT

Pamela Allen moved, seconded by Richard Palombo to allow the Executive Director to approve the continuing education requests. The Executive Director will seek Board approval for those requests she determines need Board review and approval. The motion passed unanimously.

VI. OLD BUSINESS

1) Albert Krause, R.Ph. – Request for modification of Order of Reinstatement This matter was last before the Board on 5/14/08 at which time the Board requested a review of Board documents relating to this matter

At 9:52 am, Elvy Paiva moved, seconded by Pamela Allen to move into Executive Session for advice of counsel. The motion passed unanimously. At 10:11 am, Elvy Paiva moved, seconded by Thomas Bender to move back into Open Session. The motion passed unanimously.

Elvy Paiva moved, seconded by Richard Palombo that Mr. Krause has satisfied the conditions of the Order and all remaining restrictions are to be removed. The vote for this motion was 4 in favor and 1 abstention. The recommendation of the committee will be placed before the Board at the next scheduled meeting for consideration.

VII. NEW BUSINESS

1) Kevin N. Nicholson, R.Ph., J.D., Vice President, Pharmacy Regulatory Affairs, NACDS – Regarding the disposal of CDS

The Chair directed that this communication be forwarded to MaryAnn Sheehan, regulatory analyst for the Board.

2) Anthony DeMeola, R.Ph., NeighborCare, Whippany, NJ – Regarding the activities of technicians

Richard Palombo moved, seconded by Pamela Allen that the individuals in the positions of data entry technician and packaging technician, as described by Mr. DeMeola, would need to be registered as pharmacy technicians with the Board. The triage technician, as described in the correspondence, would not need to be registered as a pharmacy technician. The use of term "technician" in this instance could cause confusion and changing the title to triage clerk would help alleviate the potential for confusion. The motion passed unanimously.

3) NABP Notice of Suspension of Pharmacist Self-Assessment Mechanism (PSAM)

The Board accepted this as informational.

4) Pamela Mandel – Regarding partnership between software company and pharmacy

Pamela Allen moved, seconded by Elvy Paiva that the Board has insufficient information to respond to this inquiry and determine whether such an arrangement would violate any Board statues or regulations. Ms. Mandel is to submit additional information detailing the purpose of the software, the nature of the partnership between the software company and the pharmacy and an exemplar of the software print out. Once this information is received, the matter will be placed back before the Board for consideration. The motion passed unanimously.

VIII. MITIGATION/ HEARING REQUESTS

1) Svetislav Milic, RPIC, Colonia Natural Pharmacy, Colonia, NJ

Richard Palombo moved, seconded by Elvy Paiva to mitigate the warning issued pursuant to NJAC 13:39 – 5.11. The motion passed unanimously.

2) Keisha Brown, RPIC, Bergen Point Pharmacy, Bayonne, NJ

This item is to be rescheduled.

3) Rhan E. Roach, RPIC, Rite Aid, Clayton, NJ

This item is to be rescheduled.

4) Joan Mangarelli, RPIC, Medicine Shoppe, Livingston, NJ

Elvy Paiva moved, seconded by Richard Palombo to mitigate the $2,500 fine imposed pursuant to NJAC 13:39 – 6.2(f)4. The motion passed unanimously.

5) Binal Shah, RPIC, CVS, North Bergen, NJ

Pamela Allen moved, seconded by Thomas Bender to deny the request for mitigation for the $200 fine imposed pursuant to NJAC 13:39 – 5.8(a)1. The motion passed unanimously.

6) David Miller, RPIC, Miller’s Pharmacy, Wyckoff, NJ

Edward McGinley moved, seconded by Elvy Paiva to deny Mr. Miller’s request that the Board issue warnings and eliminate, or at least reduce, the penalties assessed. The motion passed unanimously.

IX. COMMITTEE REPORTS

N/A

X. APPROVAL OF MINUTES

1) June 25, 2008

Richard Palombo moved, seconded by Elvy Paiva to approve the minutes as amended. The motion passed unanimously.

XI. ADJOURNMENT

At 11:07 am Elvy Paiva moved, seconded by Richard Palombo to move into Executive Session for the review of 8 Complaints, 1 Old Business item, 2 New Business items, Secretary’s Report and Recommendation on Retail and Institutional Permits, Secretary’s Report and Recommendation on Inspection Reports, conduct 2 Investigative Inquiries and approval of minutes. The motion passed unanimously

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