Minutes 17 18 19 20 DRAFT

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Louisiana Board of Pharmacy 1 3388 Brentwood Drive 2

Baton Rouge, Louisiana 70809-1700 3 Telephone 225.925.6496 ~ E-mail: [email protected] 4

5 6 7 8 9

10 11 12 13 14 15

Minutes 16

17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

Administrative Hearing Wednesday, November 18, 2020 at 8:30 a.m. 32 33

& 34 35

Regular Board Meeting Wednesday, November 18, 2020 at 10:00 a.m. 36 37 38 39

Location: Embassy Suites Hotel 40 4914 Constitution Avenue 41 Baton Rouge, Louisiana 70808 42

43 44

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Table of Contents 45 46 Agenda Item No. Description Page No. 47 48 Administrative Hearing 49 A. Call to Order 0350 B. Invocation & Pledge of Allegiance 03 51

C. Amendment to Board Roster 03 52 D. Quorum Call 03 53 E. Call for Additional Agenda Items & Adoption of Agenda 04 54 F. Opportunity for Public Comment 05 55 * Appearances 05 56 G. Formal Hearing 06 57 H. New Agenda Items Added During Meeting 08 58 I. Adjourn 08 59

60 Board Meeting 61

1. Call to Order 08 62 2. Quorum Call 09 63 3. Call for Additional Agenda Items & Adoption of Agenda 10 64 4. Consideration of Draft Minutes from Previous Meeting 10 65 5. Report on Action Items 13 66 6. Confirmation of Acts 11 67 7. Opportunity for Public Comment 11 68 8. Special Orders of the Day 11 69

A. Presentation of Pharmacist Gold Certificate 11 70 B. Presentation of Distinguished Service Awards 12 71 C. Annual Election of Board Officers 12 72

9. Committee Reports 13 73 A. Finance 13 74 B. Application Review 14 75 C. Reciprocity 15 76 D. Violations 15 77 E. Impairment 18 78 F. Reinstatement 20 79 G. Tripartite 22 80 H. Regulation Revision 22 81 I. Executive 22 82

10. Staff Reports 83 J. Assistant Executive Director 26 84

K. General Counsel 28 85 L. Executive Director 31 86

11. New Agenda Items Added During Meeting 33 87 12. Announcements 33 88 13. Adjourn 33 89

90 91

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The Louisiana Board of Pharmacy convened an administrative hearing on Wednesday, 92

November 18, 2020 at the Embassy Suites Hotel located at 4914 Constitution Avenue 93

in Baton Rouge, Louisiana 70808. The hearing was held pursuant to public notice, 94

each member received notice, each respondent received notice (unless specifically 95

stated otherwise in the official transcript), and public notice was properly posted. 96

97

A. Call to Order 98

In the absence of the Board President, First Vice President Marty McKay called the 99

hearing to order at 8:35 a.m. 100

101

B. Invocation & Pledge 102

Mr. Kevin LaGrange delivered the invocation then Dr. Raymond Strong led the group in 103

the Pledge of Allegiance. 104

105

C. Amendment to Board Roster 106

Mr. McKay informed the members and guests that Gov. Edwards had appointed a new 107

member to the Board since the previous Board meeting. Mr. Troy Menard is a 108

pharmacist who resides in the Covington area. He was appointed to complete the 109

remainder of the unexpired term of a previous member; his term will expire on June 30, 110

2025. Mr. McKay welcomed Mr. Menard to the Board. 111

112

D. Quorum Call 113

Mr. McKay called upon Secretary Richard Indovina to call the roll of members to 114

establish a quorum. 115

116

Members Present: 117

Mr. Allen W. Cassidy, Jr. 118

Mr. David A. Darce 119

Ms. Jacqueline L. Hall 120

Mr. Richard M. Indovina, Jr. 121

Mr. Kevin LaGrange 122

Mr. Robert C. LeBas Late arrival 123

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Mr. Richard Mannino Late arrival 124

Mr. Marty R. McKay 125

Mr. J. Troy Menard 126

Mr. Anthony G. Mercante 127

Mr. Blake P. Pitre 128

Mr. Don L. Resweber 129

Dr. Raymond J. Strong 130

131

Member Absent: 132

Mr. Carl W. Aron 133

Dr. J Robert Cloud 134

Mr. Douglas E. Robichaux 135

Mr. Rhonny K. Valentine 136

137

Staff Present: 138

Mr. Malcolm J. Broussard, Executive Director 139

Mr. Carlos M. Finalet, III, General Counsel 140

Mr. M. Joseph Fontenot, Assistant Executive Director 141

Mr. Benjamin S. Whaley, Chief Compliance Officer 142

Ms. Kelley L. Villeneuve, Office Manager 143

144

After doing so, Mr. Indovina certified Mr. Aron, Dr. Cloud, Mr. LeBas, Mr. Mannino, Mr. 145

Robichaux, and Mr. Valentine were absent; however, the remaining 11 members were 146

present, constituting a quorum for the conduct of official business. It was noted that Mr. 147

LeBas arrived shortly thereafter at approximately 8:40 a.m. and Mr. Mannino arrived at 148

approximately 8:50 a.m. 149

150

E. Call for Additional Agenda Items & Adoption of Agenda 151

Mr. McKay asked if there were any additional agenda items, and none were requested. 152

With no objection, the Board adopted the posted agenda dated November 4, 2020. 153

154

155

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F. Opportunity for Public Comment 156

Mr. McKay reminded the members and guests the Open Meetings Law requires all 157

public bodies to provide an opportunity for public comment at all meetings and prior to 158

the vote on each agenda item. He solicited general comments on non-agenda items 159

from the guests present but none were offered. 160

161

Appearances 162

Mr. McKay indicated he would serve as the Hearing Officer. Mr. Carlos Finalet 163

served as the Prosecuting Attorney and Mr. Malcolm Broussard served as the Hearing 164

Clerk. 165

Mr. McKay informed the members the single case on the agenda originated with 166

the Violations Committee, and the members of that committee in attendance at their 167

December 2019 meeting were recused from the hearing. In particular, Dr. Cloud, Ms. 168

Hall, Mr. Indovina, Mr. Robichaux, and Mr. Valentine were excused. He reminded the 169

other members they should recuse themselves should the need arise. 170

Without objection, Mr. McKay waived the reading of the posted agenda and 171

instead directed the insertion thereof into these minutes. The posted agenda is re-172

created here. 173

174

A G E N D A 175

NOTE: This agenda is tentative until 24 hours in advance of the meeting, at which time the most recent revision becomes official. 176 Revised 11-04-2020 177

178

A. Call to Order 179

180

B. Invocation & Pledge of Allegiance 181

182

C. Amendment to Board Roster 183

184

D. Quorum Call 185

186

E. Call for Additional Agenda Items & Adoption of Agenda 187

188

F. Opportunity for Public Comment 189

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190

* Appearances 191

192

G. Formal Hearing 193

194

1. Case No. 19-0207 ~ CPT.011002 – Markella Ann Wyre 195

196

H. New Agenda Items Added During Meeting 197

198

I. Adjourn 199

200

G. Formal Hearings 201

With Mr. McKay’s approval, Mr. Finalet began the hearing by calling the case listed on 202

the agenda. 203

204

Markella Ann Wyre (CPT.011002) Mr. Finalet appeared for the Board. The 205

respondent, Markella Ann Wyre, did not appear and was not represented by 206

counsel. Mr. Finalet informed the members he had checked the vicinity of the 207

meeting room to confirm the respondent’s absence. Mr. McKay ruled the hearing 208

would proceed as noticed in the form of a default proceeding. Mr. Finalet offered 209

an opening statement, presented no witnesses and five exhibits and then 210

proffered proposed Findings of Fact, Conclusions of Law, and Board Order. Mr. 211

Finalet tendered the matter to the hearing panel for its consideration. Mr. Darce 212

moved to enter into executive session for the purpose of deliberating the 213

disciplinary matter and discussing the respondent’s professional competency and 214

fitness for practice. There were no member questions or public comments. The 215

motion for executive session was adopted after a unanimous roll call vote in the 216

affirmative. 217

218

It was noted the hearing panel entered into executive session at 8:51 a.m. and then 219

reconvened at 9:30 a.m. Mr. McKay returned the hearing panel to open session; he 220

reported no decision was made during the executive session and questioned the 221

members as to their disposition of the case. 222

223

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Mr. Cassidy then moved, 224

Resolved, that the hearing panel, having heard the testimony and 225

considered the evidence, accept the Findings of Fact as proposed by the 226

Prosecuting Attorney, adopt them as our own, and then enter them into 227

the hearing record. 228

There were no member questions or public comments. The motion was adopted 229

after a unanimous roll call vote in the affirmative. Mr. Cassidy then moved, 230

Resolved, that the hearing panel accept the Conclusions of Law as 231

proposed by the Prosecuting Attorney, adopt them as our own, and then 232

enter them into the hearing record. 233

There were no member questions or public comments. The motion was adopted 234

after a unanimous vote in the affirmative. Mr. Cassidy then moved, 235

Resolved, that the hearing panel enter the following order at this time: 236

It is ordered, adjudged, and decreed that Louisiana Pharmacy 237

Technician Certificate No. 11002, held by Markella Ann Wyre, shall 238

be, and is hereby suspended for an indefinite period of time 239

effective on the entry of this order, and further, the respondent shall 240

pay the following assessments: 241

(1) A fine of $500; 242

(2) The administrative hearing fee of $250; and 243

(3) The investigative and hearing costs, including the costs of the 244

prosecuting attorney and the official recorder; and 245

It is further ordered, the acceptance of any future application for the 246

reinstatement of the certificate or any application for any other 247

credential issued by the Board shall be conditioned upon the 248

satisfaction of the following terms: 249

(1) Respondent shall have paid all assessments levied herein; 250

(2) Respondent shall have no pending legal or disciplinary matters 251

against her in any jurisdiction; and 252

(3) Respondent shall have received a favorable recommendation 253

for her return to the practice of pharmacy without posing a threat 254

to the public’s health, safety, or welfare pursuant to a medical 255

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evaluation from an addition medicine specialist approved by the 256

Board at her own expense. 257

Prior to the vote, Mr. Mannino questioned the need for a medical evaluation and 258

offered an amendment to remove the requirement for a medical evaluation 259

relative to any future reinstatement application. There were no member 260

questions or public comments on the proposed amendment. The motion for the 261

amendment was adopted after a unanimous vote in the affirmative. As to the 262

amended motion for the order, there were no further member questions or public 263

comments. The amended motion for the order was adopted after a unanimous 264

vote in the affirmative. 265

266

Mr. Finalet indicated completion of the single case scheduled for that day. 267

268

H. New Agenda Items Added During Meeting 269

There were no new agenda items added during the meeting. 270

271

I. Adjourn 272

Having completed the tasks itemized on the posted agenda, with no further business 273

pending before the Board and without objection, Mr. McKay adjourned the hearing at 274

9:35 a.m. 275

276

277

* * * * * * * 278

279

The Louisiana Board of Pharmacy convened a regular meeting on Wednesday, 280

November 18, 2020 at the Embassy Suites Hotel located at 4914 Constitution Avenue 281

in Baton Rouge, Louisiana 70808. The meeting was held pursuant to public notice, 282

each member received notice, and public notice was properly posted. 283

284

1. Call to Order 285

Mr. Marty McKay, First Vice President, called the meeting to order at 10:10 a.m. 286

287

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2. Quorum Call 288

Mr. McKay called upon the Secretary, Mr. Indovina, to call the roll of members to 289

establish a quorum. 290

291

Members Present: 292

Mr. Allen W. Cassidy, Jr. 293

Mr. David A. Darce 294

Ms. Jacqueline L. Hall 295

Mr. Richard M. Indovina, Jr. 296

Mr. Kevin LaGrange 297

Mr. Robert C. LeBas 298

Mr. Richard Mannino 299

Mr. Marty R. McKay 300

Mr. J. Troy Menard 301

Mr. Anthony G. Mercante 302

Mr. Blake P. Pitre 303

Mr. Don L. Resweber 304

Dr. Raymond J. Strong 305

306

Member Absent: 307

Mr. Carl W. Aron 308

Dr. J Robert Cloud 309

Mr. Douglas E. Robichaux 310

Mr. Rhonny K. Valentine 311

312

Staff Present: 313

Mr. Malcolm J. Broussard, Executive Director 314

Mr. Carlos M. Finalet, III, General Counsel 315

Mr. M. Joseph Fontenot, Assistant Executive Director 316

Mr. Benjamin S. Whaley, Chief Compliance Officer 317

Ms. Kelley L. Villeneuve, Office Manager 318

319

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Guests: 320

Mr. Richard Soileau 321

Ms Donna Soileau 322

Ms. Michele P. Alderman 323

Dr. Caitlin Bertrand – Genoa Pharmacy 324

Ms. Jessica Elliott – La. Retailers Association 325

Ms. Brandi Armand – La. Retailers Association 326

Ms. Juanita Pitre 327

Ms. Cathy McKay 328

Ms. Shelly Dupre – National Association of Chain Drug Stores (NACDS) 329

330

Mr. Indovina certified Mr. Aron, Dr. Cloud, Mr. Robichaux and Mr. Valentine were 331

absent; however, the remaining 13 members were present, constituting a quorum for 332

the conduct of official business. 333

334

3. Call for Additional Agenda Items & Adoption of Agenda 335

Mr. McKay asked if there were any additional agenda items to be added. Mr. Mannino 336

moved to add a discussion of USP Chapter 800 to the agenda. He noted the Board had 337

previously voted to implement enforcement of those federal standards on January 1, 338

2021. Since this was the last Board meeting prior to that implementation date and since 339

the current public health emergency had interrupted some pharmacies activities to 340

prepare for that implementation, he suggested the urgency for reconsideration of that 341

previous decision. There were no further member or public comments. The motion to 342

add the new agenda item was adopted after a unanimous roll call vote in the affirmative. 343

Mr. McKay indicated he would call for that discussion at Agenda Item 11. There were 344

no further requests to amend the agenda. Without objection, the members adopted the 345

amended agenda dated November 16, 2020. Mr. McKay requested authority to re-346

order the agenda as may become necessary and there were no objections to that 347

request. 348

349

4. Consideration of Draft Minutes from Previous Meeting 350

Mr. McKay reminded the members they had received the draft minutes from the Regular 351

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Board Meeting on August 13 held by videoconference. With no objections, he waived 352

the reading of the draft minutes. With no requests for amendment or any objection to 353

their approval, Mr. McKay declared the minutes were approved as presented. Mr. 354

McKay reminded the members to sign the Minute Book. 355

356

6. Confirmation of Acts 357

Pursuant to Mr. McKay’s declaration that the officers, committees, and executive 358

director had attended to the business of the Board since their last physical meeting in 359

accordance with policies and procedures previously approved by the Board, Mr. Pitre 360

moved, 361

Resolved, that the actions taken and decisions made by the Board 362

officers, members and committees, and executive director in the general 363

conduct and transactions of Board business since February 5, 2020 are 364

approved, adopted, and ratified by the entire Board. 365

There were no member questions or public comments. The motion was adopted after a 366

unanimous vote in the affirmative. 367

368

7. Opportunity for Public Comment 369

Mr. McKay reminded the members and guests the Open Meetings Law requires all 370

public bodies to provide an opportunity for public comment at all meetings and for each 371

agenda item upon which a vote is to be taken. He solicited general comments on non-372

agenda items from the guests present; none were offered. 373

374

* Statement of Purpose 375

Mr. McKay reminded the members of the purpose and mission of the Board of 376

Pharmacy by reciting the relevant portion of the Louisiana Pharmacy Practice Act. He 377

urged the members to keep their legislative mandate in mind as they considered all the 378

matters before them. 379

380

8. Special Orders of the Day 381

A. Presentation of Pharmacist Gold Certificate 382

In recognition of her achievement of 50 years of licensure as a 383

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pharmacist, Mr. McKay presented a Pharmacist Gold Certificate to Ms. 384

Michele Alderman who was licensed by the Board in August 1969. Ms. 385

Alderman also served a six-year term as a member of the Board from 2004 386

to 2010. The members and guests congratulated her with a standing 387

ovation. 388

389

B. Presentation of Distinguished Service Awards 390

Mr. McKay called upon Mr. Broussard to present the awards. Mr. 391

Broussard explained the awards were being presented to board members 392

who had completed their terms of service to the Board in June 2020. Five 393

members completed their terms and three of them were present to receive 394

their awards; the awards for the other two members will be presented at a 395

future meeting. 396

Mr. Richard “Andy” Soileau served two terms, from July 2008 to June 397

2020; 398

Ms. Jackie Hall began her service in August 2002 and was re-399

appointed to another six-year term concluding in 2026; and 400

Mr. Marty McKay began his service in January 2000 and was re-401

appointed to another six-year term concluding in 2026. 402

403

C. Annual Election of Board Officers 404

Mr. McKay reminded the members and guests of the annual election of 405

officers usually conducted at the final meeting of the calendar year. He 406

indicated he would conduct elections for each of the five officer positions in 407

rank order, with the newly-elected officer assuming their position 408

immediately. Mr. Don Resweber nominated the entire slate of current officers 409

in their same positions as well as Mr. Valentine for the office of Third Vice 410

President. Mr. Mannino nominated Mr. LaGrange for the office of Third Vice 411

President. After confirming no additional nominations, Mr. McKay indicated 412

he would conduct the election first for the only contested position, that of 413

Third Vice President. Following a roll call vote, Mr. Valentine was elected by 414

a majority of the members present and voting. Dr. Strong moved to re-elect, 415

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by acclamation, the current slate of officers in their same positions. With no 416

member or public comments offered, the motion was adopted after a 417

unanimous vote in the affirmative. The following members were elected or 418

re-elected to officer positions: 419

Mr. Carl Aron – President 420

Mr. Marty McKay – First Vice President 421

Ms. Jacqueline Hall – Second Vice President 422

Mr. Rhonny Valentine – Third Vice President 423

Mr. Richard Indovina – Secretary 424

Mr. McKay congratulated all of the officers. 425

426

5. Report on Action Items 427

Mr. McKay called on Mr. Broussard for the report. Mr. Broussard directed the members 428

to a copy of the report in their meeting binder. There were no questions from the 429

members or guests. 430

431

9. Committee Reports 432

A. Finance Committee 433

Mr. McKay indicated he would present the committee report on behalf of 434

the committee chair, Mr. Pitre. He reviewed the Interim Report for Fiscal 435

Year 2020-2021, noting it was informational and did not require Board action. 436

There were no member questions or public comments. He then directed the 437

members to the Proposed Budget for Fiscal Year 2021-2022 in their meeting 438

binder. He reported the committee reviewed the budget developed by staff, 439

did not make any changes and voted to recommend its approval. He also 440

reported the committee requested staff to investigate the feasibility of 441

implementing a credit card convenience fee for online transactions, noting the 442

cost to the Board for that service is approximately $60,000 per year. Mr. Pitre 443

then moved, 444

Resolved, to approve and adopt the Proposed Budget for Fiscal Year 445

2021-2022. 446

Prior to the vote, Mr. Indovina questioned the revenue line items relative to 447

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credential renewals, noting the budget appeared to reflect a return to pre-448

pandemic levels. Mr. Broussard confirmed the legislative resolution as well 449

as the Board’s emergency rule limit the waivers of credential renewal fees for 450

existing businesses in the current fiscal year, and further, there was no 451

direction from the legislature for such waivers for the fiscal year covered by 452

the proposed budget. He reminded the members in the event of any future 453

legislative direction to extend such waivers the Board routinely reviews 454

budget amendments during the first Board meeting of the new fiscal year, 455

typically in August. There were no further member questions or public 456

comments. The motion was adopted after a unanimous vote in the 457

affirmative. 458

Finally, Mr. McKay expressed his appreciation to the other committee 459

members for their ongoing efforts. 460

461

B. Application Review Committee 462

In the absence of Mr. Robichaux, the committee chair, Mr. McKay called 463

upon the ranking member, Mr. Indovina, to deliver the committee report. Mr. 464

Indovina reported the committee met the previous day to consider one 465

referral from staff, an applicant for a telepharmacy dispensing site permit 466

which had requested a waiver from the Board’s rule relative to the 15-mile 467

exclusion zone around the intended location of the dispensing site. Following 468

the committee’s interview and deliberations, Mr. Indovina reported the 469

committee voted to recommend the approval of the request for the waiver 470

and the issuance of the permit. He then moved, 471

Resolved, to approve the request from Genoa Pharmacy for a waiver 472

from the 15-mile exclusion zone in the Board’s rules for telepharmacy 473

dispensing site and to authorize staff to issue the telepharmacy 474

dispensing site permit, but to limit the telepharmacy dispensing to 475

patients of the Acadiana Crowley Mental Health Clinic in Crowley, 476

Louisiana, within which the telepharmacy dispensing site will be located. 477

Mr. McKay responded to questions from members; there were no public 478


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affirmative. 480

481

C. Reciprocity Committee 482

Mr. McKay called upon Mr. Cassidy for the committee report. He reported 483

the staff had evaluated 77 applications for pharmacist licensure by reciprocity 484

since the last Board meeting and that none of them contained information 485

that warranted a committee level review. In conformance with policies and 486

procedures previously approved by the Board, the staff approved the 487

applications and issued the credentials. Mr. Cassidy then directed the 488

members to a list of the new pharmacists licensed by reciprocity in their 489

meeting binder. 490

Finally, he closed his report with appreciation to the other committee 491

members for their ongoing efforts. 492

493

D. Violations Committee 494

Mr. McKay called upon Mr. Indovina for the committee report. Mr. 495

Indovina reported the committee met on October 21 to consider the 22 cases 496

on their docket. As committee chair, he authorized continuances of four of 497

the cases prior to the committee meeting. Following their interviews and 498

deliberations, the committee took no action against two of the respondents 499

and issued non-disciplinary Letters of Noncompliance to four of the 500

respondents. The committee authorized the automatic reinstatement of a 501

suspended pharmacist license back to probationary status contingent upon 502

the successful completion of an anger management course, and further, 503

ordered an emergency summary suspension of the license of a pharmacist 504

who had violated his probationary terms. The committee then offered 505

proposed voluntary consent agreements to the remaining 10 respondents. 506

Mr. Indovina reported eight of the respondents had accepted their proposed 507

agreements; the two respondents who had not accepted their proposed 508

agreements were scheduled for a future administrative hearing. Mr. Indovina 509

then presented the following agreements to the members for their 510

consideration. 511

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512

Louisiana CVS Pharmacy, LLC d/b/a CVS Pharmacy No. 4068 513

[Haughton, LA] (PHY.005771): Mr. Indovina moved to approve the 514

proposed voluntary consent agreement. There were no member questions or 515

public comments. The motion was adopted after a unanimous vote in the 516

affirmative. The Board assessed a fine of $10,000 plus administrative and 517

investigative costs. 518

519

Louisiana CVS Pharmacy, LLC d/b/a CVS Pharmacy No. 16801 [Monroe, 520

LA] (PHY.007241): Mr. Indovina moved to approve the proposed voluntary 521

consent agreement. He answered a question from one member. There were 522

no further member questions or public comments. The motion was adopted 523

after a unanimous vote in the affirmative. The Board assessed a fine of 524

$2,500 plus administrative and investigative costs. 525

526

Louisiana CVS Pharmacy, LLC d/b/a CVS Pharmacy No. 5521 [West 527

Monroe, LA] (PHY.005777): Mr. Indovina moved to approve the proposed 528

voluntary consent agreement. There were no member questions or public 529


affirmative. The Board assessed a fine of $2,500 plus administrative and 531

investigative costs. 532

533

Walgreen La. Co., Inc. d/b/a Walgreen Pharmacy No. 6190 [Hammond, 534

LA] (PHY.004710): Mr. Indovina moved to approve the proposed voluntary 535

consent agreement. There were no member questions or public comments. 536

The motion was adopted after a unanimous vote in the affirmative. The 537

Board assessed a fine of $2,500 plus administrative and investigative costs. 538

539

Josie Ann Foster (PTC.026539): Mr. Indovina moved to approve the 540



affirmative. The Board issued a Letter of Reprimand; and further, assessed 543

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administrative costs. 544

545

Hajira Ebady (PST.020956): Mr. Indovina moved to approve the proposed 546

voluntary consent agreement. Mr. Finalet replied to a question from one 547

member. There were no further member questions or public comments. The 548

motion was adopted after a unanimous vote in the affirmative. The Board 549

issued a Letter of Reprimand; and further, assessed a fine of $1,000 plus 550


552

Institutional Pharmacies of Louisiana, LLC d/b/a Institutional 553

Pharmacies of Louisiana [Scott, LA] (PHY.005169): Mr. Indovina moved to 554

approve the proposed voluntary consent agreement. There were no member 555

questions or public comments. The motion was adopted after a unanimous 556

vote in the affirmative. The Board assessed a fine of $45,000 plus 557

administrative and investigative costs. 558

559

Barry John Dupre (PST.014468): Mr. Indovina moved to approve the 560



affirmative. The Board suspended the license for one year and stayed the 563

execution of the suspension, then placed the license on probation for one 564

year effective November 18, 2020 subject to certain terms enumerated within 565

the voluntary consent agreement; and further, assessed administrative costs. 566

567

Mr. Indovina directed the members to the complaint investigation policy 568

monitor report in their meeting binder. He informed the members there were 569

182 open cases at the beginning of the fiscal year, 146 new cases added 570

since then and 149 cases closed, leaving 179 open cases as of November 6. 571

Of the 149 case closures, he reported the average number of days to 572

complete the investigation was 43, and that 3 of those 179 cases (2%) had 573

exceeded the policy benchmark of 180 days. He reminded the members the 574

most common reason for an investigation to exceed the 180-day threshold 575

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was a collaborative investigation with other state or federal agencies and that 576

another reason for a nonresident case would be a nonresident case on 577

appeal. 578

Mr. Indovina reported the committee’s next meeting was scheduled for 579

December 15 to consider the 19 cases on that docket. He closed his report 580

with appreciation to the other committee members for their ongoing work. 581

582

E. Impairment Committee 583

Mr. McKay called upon Ms. Hall for the committee report. Ms. Hall 584

reported the committee met the previous day to consider nine referrals from 585

the staff – four requests for reinstatement, three requests for modification of 586

previous orders, one application for a new pharmacy technician candidate 587

registration and one case for informal conference. Following their interviews 588

of the applicants and subsequent deliberations, the applicant for a new 589

pharmacy technician candidate registration withdrew her application in lieu of 590

a denial of that application. Ms. Hall then presented the following 591

recommendations to the members for their consideration. 592

593

Johana Berenice Doucet (CPT.011781): Ms. Hall moved to approve the 594



affirmative. The Board granted the request for reinstatement of the 597

previously lapsed certificate, suspended the certificate for five years and 598

stayed the execution of the suspension, then placed the certificate on 599

probation for five years effective November 18, 2020 subject to certain terms 600

enumerated within the voluntary consent agreement. 601

602

Kimiko Tiesha Austin (CPT.005676): Ms. Hall moved to approve the 603




previously lapsed certificate, suspended the certificate for ten years and 607

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stayed the execution of the suspension, then placed the certificate on 608

probation for ten years effective November 18, 2020 subject to certain terms 609


611

Lisa Kay Moreau (PST.014955): Ms. Hall moved to approve the proposed 612



affirmative. The Board granted the request for release from the previously 615

executed no-practice agreement, suspended the license for five years and 616

stayed the execution of the suspension, then placed the license on probation 617

for five years effective November 18, 2020 subject to certain terms 618


620

Amber Mone Loup (PST.018248): Ms. Hall moved to approve the proposed 621




previously suspended license, converted the duration of the suspensive 625

period from an indefinite term to a term of five years and stayed the execution 626

of the suspension, then placed the license on probation for five years 627

effective November 18, 2020 subject to certain terms enumerated within the 628

voluntary consent agreement. 629

630

Catherine Rose Freemen (PST.020613) Ms. Hall moved to approve the 631

request for modification of previous orders. There were no member 632


vote in the affirmative. The Board granted her request for modification of 634

previous orders, removed all probationary terms from her March 2018 635

Probation Board Order, terminated the probationary period originally 636

scheduled to conclude on March 21, 2023 and then restored the license to 637

active and unrestricted status. 638

639

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Nancy Lynn Odom (PST.014796) Ms. Hall moved to approve the request for 640

modification of previous orders. There were no member questions or public 641


affirmative. The Board granted her request for modification of previous 643

orders, then removed Article 3-f from her November 2018 Probation Board 644

Order which had prevented her from accepting an appointment as the 645

pharmacist-in-charge of a pharmacy; and further, reiterated all other 646

probationary terms shall remain in effect for the remainder of the probationary 647

period. 648

649

Amanda Schubert Balli (PST.019454) Ms. Hall moved to approve the 650

request for modification of previous orders. There were no member 651


vote in the affirmative. The Board granted her request for modification of 653

previous orders, removed all probationary terms from her November 2017 654

Probation Board Order, terminated the probationary period originally 655

scheduled to conclude on November 15, 2022 and then restored the license 656

to active and unrestricted status. 657

658

Brigid Grace Himel (PST.013209): Ms. Hall moved to approve the proposed 659



affirmative. The Board suspended the license for two years and stayed the 662

execution of the suspension, then placed the license on probation for two 663

years effective November 18, 2020 subject to certain terms enumerated 664

within the voluntary consent agreement. 665

666

Finally, Ms. Hall closed her report with appreciation to her fellow 667

committee members for their work the previous day. 668

669

F. Reinstatement Committee 670

In the absence of Mr. Valentine, the committee chair, Mr. McKay called 671

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upon the ranking member, Mr. Resweber, to deliver the committee report. 672

Mr. Resweber reported the committee met the previous day to consider three 673

referrals from the staff – all petitions for reinstatement of lapsed technician 674

certificates. The committee interviewed all three applicants and developed 675

recommendations for the Board’s consideration, which Mr. Resweber then 676

presented to the members. 677

678

Tamara Lynn Bourg (CPT.004979): Mr. Resweber moved to approve the 679



affirmative. The Board granted the applicant’s request for reinstatement of the 682

lapsed certificate contingent upon the satisfaction of certain requirements 683

identified within the voluntary consent agreement prior to November 18, 2022. 684

685

Delana Rae Heltz (CPT.009588): Mr. Resweber moved to approve the 686






692

Jaime Lynn Blanchard (CPT.001387): Mr. Resweber moved to approve the 693






699

Mr. Resweber closed his report with appreciation to the other committee 700

members for their work the previous day. 701

702

703

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G. Tripartite Committee 704

Mr. McKay called upon Mr. Resweber for the committee report. Mr. 705

Resweber reported the committee had not met since the previous Board 706

meeting. 707

708

H. Regulation Revision Committee 709

Mr. McKay indicated the committee had not met since the previous Board 710

meeting; however, he indicated the committee would probably meet in both 711

December and January. 712

713

At this point, Mr. McKay declared a luncheon recess. He placed the Board in recess at 714

11:20 am. The members reconvened at 12:15 pm. Mr. McKay resumed the sequence 715

of the posted agenda. 716

717

I. Executive Committee 718

Mr. McKay reported the committee had met the previous day to consider 719

the items on their posted agenda. He indicated Ms. Hall was prepared to 720

offer motions on behalf of the committee. 721

722

• Consideration of Interim Policies 723

Mr. McKay reminded the members of the various interim policies 724

issued by the Board since the beginning of the public health emergency. 725

The committee reviewed a comprehensive listing of those policies, noting 726

some of them were no longer necessary, some had been replaced by 727

permanent rules, and some were still necessary. The committee voted to 728

continue other interim policies until a later date. Ms. Hall then moved, 729

Resolved, to approve the November 2020 Review of Interim 730

Policies. 731

There were no member questions or public comments. The motion was 732

adopted after a unanimous vote in the affirmative. 733

734

735

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• Consideration of Proposed New Policy re Cybersecurity Awareness 736

Mr. McKay reported the adoption of a new law by the 2020 737

Legislature mandating training on cybersecurity awareness by state 738

employees and other persons with access to state agency information 739

systems. The committee voted to recommend the approval of the new 740

policy. Ms. Hall then moved, 741

Resolved, to approve the proposed new policy entitled 742

PPM.II.D.1.g ~ Cybersecurity Awareness. 743



746

• Consideration of Proposed Revision of Record Retention Policy 747

Mr. McKay reminded the members of their adoption of a preliminary 748

policy on this topic earlier in the year. Staff submitted that policy to the 749

State Archives which responded with approval pending acceptance of 750

proposed revisions. The committee voted to recommend the approval of 751

the proposed revisions. Ms. Hall then moved, 752

Resolved, to approve the proposed revisions of 753

PPM.II.D.2.a ~ Record Retention Schedule. 754



757

• Consideration of Proposed Revision of Criminal Background Check Policy 758

Mr. McKay reported the federal FBI had requested some clarity in 759

the Board’s policy for criminal background check (CBC) documents 760

relative to their record retention. The committee voted to recommend the 761

approval of the proposed revision. Ms. Hall then moved, 762

Resolved, to approve the proposed revision of PPM.III.J ~ 763

Criminal Background Checks. 764



767

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• Consideration of Proposed Revision of Facility Inspection Policy 768

Mr. McKay reported staff had requested some latitude in the 769

frequency of inspections for durable medical equipment (DME) permits. 770

The committee voted to recommend the approval of the proposed revision 771

to that policy. Ms. Hall then moved, 772

Resolved, to approve the proposed revision of PPM.IV.B.2.0 773

~ Facility Inspections – Service Reviews. 774



777

• Consideration of Proposed Statement on Dispensing Prescriptions for 778

Cannabidiol (Epidiolex®) 779

Mr. McKay reminded the members the federal government had 780

placed cannabidiol into Schedule V of the federal list of controlled 781

substances when the product Epidiolex® was introduced to the market in 782

2018 and that Louisiana made the same decision legislatively. Although 783

the federal government had recently de-listed the drug, the Louisiana 784

Legislature will not have the opportunity to de-list the drug until the next 785

legislative session. The committee voted to recommend the approval of a 786

statement announcing enforcement discretion for pharmacists dispensing 787

the drug as a non-controlled substance. Ms. Hall then moved, 788

Resolved, to approve the proposed Statement on 789

Dispensing Prescriptions for Cannabidiol (Epidiolex®). 790

Mr. McKay responded to a question from one member and one guest. 791

The motion was adopted after a unanimous vote in the affirmative. 792

793

• Review of Financial Audit Report from Legislative Auditor 794

Mr. McKay reminded the members of the annual financial audit by 795

the legislative auditor. He reported receipt of the audit report which 796

indicated the Board’s June 30, 2020 financial statement was an accurate 797

representation of the Board’s fiscal status, and further, the audit report 798

contained no findings or recommendations. He indicated the committee 799

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reviewed the report and had no recommendations for the staff. He 800

directed the members to a copy of the audit report in their meeting binder 801

and invited member comments or recommendations. None were offered. 802

803

• Review of Legislation from 2nd Special Session of 2020 Legislature 804

Mr. McKay reported the committee reviewed the legislative brief 805

prepared by staff and noted one item requiring action by the Board. In 806

particular, Senate Resolution requests the Board to study and make 807

recommendations to the legislature no later than March 1, 2021 relative to 808

two topics: (1) an update on the status of collaborative drug therapy 809

management program; and (2) a determination of the desirability and 810

feasibility of a written statewide protocol for pharmacists to test or screen 811

for and initiate treatment or therapy for qualified health conditions. 812

Mr. McKay reported that Board President Carl Aron had already 813

referred the matter to the Regulation Revision Committee. Given the 814

short deadline for the report to the legislature, Mr. McKay reported the 815

committee would meet in both December and January and have a 816

recommendation for the full Board to consider during its next meeting 817

scheduled for February 24, 2021. 818

819

• Transition to Virtual Credentials 820

Mr. McKay reminded the members that some of the Board’s 821

credentials already exist only in virtual form, meaning no paper form 822

exists. In addition, the committee had already approved the transition of 823

two credentials to virtual status in January 2021 – pharmacy intern 824

registration and pharmacy technician candidate registration. With a 825

projected loss of $300,000 credential renewal fees in the current fiscal 826

year, the committee voted to recommend the approval of a staff proposal 827

to expedite the transition of all credentials to virtual status as soon as 828

possible. Ms. Hall then moved, 829

Resolved, to authorize staff to transition all of its credentials 830

to a virtual format as soon as possible. 831

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834

Finally, Mr. McKay closed his report with appreciation to the other 835

committee members for their ongoing work. 836

837

10. Staff Reports 838

J. Report of Assistant Executive Director 839

Mr. McKay called upon Mr. Fontenot for his report. He directed the 840

members to the quarterly report of the prescription monitoring program, 841

detailing the prescription transaction counts as well as queries from 842

prescribers, dispensers, and law enforcement agencies. The report also 843

included information on the dispensing of medical cannabis products in the 844

marijuana pharmacies. Mr. Fontenot reported on the implementation of a 845

new federal law which authorizes practitioners affiliated with the federal 846

Veterans Administration to have access to state-based prescription 847

monitoring programs, and further, pre-empts any contrary state laws. He 848

answered two questions from Mr. McKay. 849

Mr. Fontenot then directed the members to the requests from 20 850

pharmacies seeking a waiver from the duty to report zero prescription 851

transaction reports to the prescription monitoring program. Mr. Indovina then 852

moved, 853

Resolved, to authorize the issuance of full PMP reporting waivers 854

to: 855

> PHY.008138-NR – Alphascript (CA); 856

> PHY.008125-NR – AnnovoRx Group (TN); 857

> PHY.008093-NR – Deliverit Pharmacy (TX); 858

> PHY.004214-HOS – East Jefferson General Hospital (LA); 859

> PHY.008114-NR – Foothills Professional Pharmacy (AZ); 860

> PHY.007904-NR – HomeCare Rx(NJ); 861

> PHY.008152-NR – Nephron Pharmacy (SC); 862

> PHY.008091-HOS – Ochsner LSU Health Shreveport – St. Mary 863

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Medical Center (LA); 864

> PHY.008101-HOS – Ochsner St. Mary (LA) 865

> PHY.008100-HOS – Our Lady of Lourdes Heart Hospital (LA); 866

> PHY.008145-NR – PipelineRx (NV); 867

> PHY.008147-NR – PipelineRx (CO); 868

> PHY.008146-NR – ProLab Pharmacy (TX); 869

> PHY.007200-NR – Red Chip of Nevada (CA); 870

> PHY.008116-NR – Rite Care Pharmacy IV (TX); 871

> PHY.006122-HOS – Sabine Medical Center (LA); 872

> PHY.008133-NR – Scripts Rx Pharmacy (TX); 873

> PHY.008102-NR – Truepill NY (NY); 874

> PHY.008126-NR – Vivo Health Pharmacy at Home (NY); and 875

> PHY.001198-HOS – West Feliciana Parish Hospital (LA) 876

once they have executed the standard consent agreement for that 877

purpose. 878

Mr. Broussard replied to a question from one member. There were no further 879

member questions or public comments. The motion was adopted after a 880

unanimous vote in the affirmative. 881

Mr. Fontenot reported the program was functioning well. He reminded the 882

members of the legislative auditor recommendation to audit pharmacies to 883

ensure their reporting of all eligible transactions, and he reported that all of 884

the compliance officers were now performing such audits during their routine 885

inspections of the pharmacies 886

Mr. Broussard replied to a question from one member about the medical 887

cannabis dispensing report, explaining the use of patient zip codes in lieu of 888

other parameters which could be used to identify the dispensing pharmacy. 889

He reminded the members of the requirement to de-identify all PMP 890

information prior to public release, and that the name of the dispensing 891

pharmacy is included in the de-identification requirement. 892

Finally, Mr. Fontenot indicated completion of his report. 893

894

895

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K. Report of General Counsel 896

Mr. Aron called upon Mr. Finalet for his report. Mr. Finalet presented the 897

following proposed voluntary consent agreements to the members for their 898

consideration. 899

900

DeShontae Sharae Mouton (CPT.013508): Ms. Hall moved to approve the 901



affirmative. The Board issued a Letter of Reprimand, and further, assessed a 904

fine of $250 plus administrative costs. 905

906

LaDonna Denise Wellman (CPT.010980): Ms. Hall moved to approve the 907





912

Faljaray Tiara Lewis (CPT.012886): Ms. Hall moved to approve the 913





918

Cheryl Tough Alexander (CPT.015010): Ms. Hall moved to approve the 919





924

LaQuita Nicole Garner (CPT.014004): Ms. Hall moved to approve the 925



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930

Raveen Symone Williams (CPT.010288): Ms. Hall moved to approve the 931





936

AMSR, LLC d/b/a American Medical Sales & Rental [Centennial, CO] 937

(DME.000956): Ms. Hall moved to approve the proposed voluntary consent 938

agreement. There were no member questions or public comments. The 939

motion was adopted after a unanimous vote in the affirmative. The Board 940

issued a Letter of Reprimand, and further, assessed a fine of $2,500 plus 941


943

Bet Pharm, LLC d/b/a Bet Pharm [Lexington, KY] (PHY.005646): Ms. Hall 944

moved to approve the proposed voluntary consent agreement. There were 945

no member questions or public comments. The motion was adopted after a 946

unanimous vote in the affirmative. The Board suspended the permit for 4 947

years plus 8 months plus 18 days and stayed the execution of the 948

suspension, then placed the permit on probation for 4 years plus 8 months 949

plus 18 days effective November 18, 2020 and terminating August 5, 2025 950

subject to certain terms enumerated within the voluntary consent agreement, 951

noting the probationary period runs concurrently with the probationary period 952

imposed on its resident state permit by the Kentucky Board of Pharmacy; and 953

further, assessed administrative costs. 954

955

Pensacola Apothecary, Inc. d/b/a Everwell Specialty Pharmacy 956

[Pensacola, FL] (PHY.007114): Ms. Hall moved to approve the proposed 957



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affirmative. The Board suspended the permit for 7 months plus 26 days and 960

stayed the execution of the suspension, then placed the permit on probation 961

for 7 months plus 26 days effective November 18, 2020 and terminating July 962

28, 2021 subject to certain terms enumerated within the voluntary consent 963

agreement, noting the probationary period runs concurrently with the 964

probationary period imposed on its resident state permit by the Florida Board 965

of Pharmacy; and further, assessed administrative costs. 966

967

Donna Jaye Durham (CPT.015154): Ms. Hall moved to approve the 968



affirmative. The Board revoked the certificate effective October 2, 2020, and 971

further, permanently prohibited the acceptance of any future application for 972

the reinstatement of the certificate or any application for any other credential 973

issued by the Board. 974

975

Seth Herbert DePasquale (PST.020915): Ms. Hall moved to approve the 976



affirmative. The Board suspended the license for 4 years plus 8 months plus 979

18 days and stayed the execution of the suspension, then placed the license 980

on probation for 4 years plus 8 months plus 18 days effective November 18, 981

2020 and terminating August 5, 2025 subject to certain terms enumerated 982

within the voluntary consent agreement, noting the probationary period runs 983

concurrently with the probationary period imposed on his Kentucky 984

pharmacist license by the Kentucky Board of Pharmacy; and further, 985

assessed administrative costs. 986

987

Jackie Renee Brisken (CPT.015149): Ms. Hall moved to approve the 988




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993

Janet Duplantis Tauzin (CPT.011789): Ms. Hall moved to approve the 994





999

CareDirect Rx, LLC d/b/a CareDirect Rx [Alabaster, AL] (PHY.006605): 1000

Ms. Hall moved to approve the proposed voluntary consent agreement. 1001


adopted after a unanimous vote in the affirmative. The Board issued a Letter 1003

of Reprimand, and further, assessed a fine of $5,000 plus administrative 1004

costs. 1005

1006

Cynthia Willis Calvert (PST.014177): Ms. Hall moved to accept the 1007

voluntary surrender of the credential. There were no member questions or 1008


affirmative. The Board accepted the voluntary surrender, resulting in the 1010

active suspension of the license for an indefinite period of time effective 1011

November 9, 2020. 1012

1013

Finally, Mr. Finalet indicated the completion of his report. 1014

1015

L. Report of Executive Director 1016

Mr. Aron called upon Mr. Broussard for his report. Mr. Broussard directed 1017

the members to his report in the meeting binder. He reviewed the following 1018

topics: 1019

• Meeting Activity 1020

• Reports 1021

Internal Reports 1022

Credentials Division 1023

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Census Report 1024

Licensure Activity Report 1025

Application Activity Report 1026

Exceptions Report 1027

Compliance Division 1028

Census Report 1029

Complaint Investigation Policy Monitor 1030

External Reports 1031

Board Reports to Administrative and Legislative Agencies 1032

• Examinations 1033

MPJE 1034

NAPLEX 1035

ExCPT 1036

PTCE 1037

• Operations 1038

Credentials Division 1039

Compliance Division 1040

Administrative Division 1041

Marijuana Pharmacies 1042

• State Activities 1043

2nd Extraordinary Session of 2020 Legislature 1044

• Regional & National Activities 1045

National Association of Boards of Pharmacy (NABP) 1046

NABP-AACP District 6 1047

MALTAGON 1048

• International Activities 1049

International Pharmaceutical Federation (FIP) 1050

World Health Professions Alliance (WHPA) 1051

dotPharmacy Verified Websites Program 1052

1053

Finally, Mr. Broussard indicated the completion of his report. 1054

1055

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11. New Agenda Items Added During Meeting 1056

Mr. McKay reminder the members of the new agenda item added at the 1057

beginning of the meeting, relative to the reconsideration of its May 2019 decision to 1058

implement enforcement in January 2021 of the federal standards for the handling of 1059

hazardous drugs in healthcare facilities, found in Chapter 800 of the United States 1060

Pharmacopoeia. 1061

Mr. Mannino suggested that pharmacies which were preparing for those new 1062

federal standards had been interrupted by their need to respond to the current public 1063

health emergency. He suggested the Board should further extend the implementation 1064

of enforcement of those standards. He then moved, 1065

Resolved, to (1) delay the previously announced January 1, 2021 1066

enforcement date of the federal standards contained in USP Chapter 1067

<800> Hazardous Drug – Handling in Healthcare Settings to a future date 1068

not yet determined; (2) request the Regulation Revision Committee 1069

develop a regulatory proposal on this topic for the Board’s consideration; 1070

(3) delay enforcement of any promulgated rule on this topic for one year 1071

after the effective date of the rule; and (4) direct staff to utilize the 1072

educational approach when inspecting pharmacies handling hazardous 1073

drugs during their first year of enforcement of the new rule. 1074

Mr. McKay and Mr. Broussard replied to questions from members. There were no 1075

public comments. The motion was adopted after a unanimous vote in the affirmative. 1076

1077

12. Announcements 1078

Mr. McKay directed the members to the announcements in their meeting binder, in 1079

particular the proposed board meeting schedule for Calendar Year 2021. Mr. Resweber 1080

requested consideration of a different date for May 2021. Mr. Broussard reported he 1081

would consult the master calendar in the Board office for an alternative and report back 1082

to the members. 1083

1084

13. Adjourn 1085

Having completed the tasks itemized on the posted agenda, with no further business 1086

pending before the Board and without objection, Mr. McKay adjourned the meeting at 1087

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1:21 p.m. 1088

1089

1090

Minutes prepared by Malcolm Broussard. 1091

1092

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Minutes 17 18 19 20 DRAFT

Documents

Transcript of Minutes 17 18 19 20 DRAFT