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Telepharmacy: the New Frontier of Patient Care and Professional Practice

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Telepharmacy: the New Frontier of Patient Care and Professional Practice NEWSLETTER OF THE NATIONAL ASSOCIATION OF BOARDS OF PHARMACY® INNOVATIONS Telepharmacy: The New Frontier of Patient Care and Professional Practice JUNE/JULY 2017 VOLUME 46 NUMBER 6 INNOVATIONS table of contents EXECUTIVE COMMITTEE 4 Legal Briefs 22 State Board News Perception Is Reality New Jersey Enacts Law Hal Wand Philip P. Burgess Imposing Restrictions Chairperson Member, District 4 Association News on Opioids and Other 9 Task Force Recommends Schedule II Drugs Jeanne D. Waggener Gary W. Dewhirst Expanding Telepharmacy President Member, District 5 Regulations 23 Professional Affairs Update Susan Ksiazek Gay Dodson 13 Satisfaction Survey Allows WHO Launches Global President-elect Member, District 6 Members to Share Opinions Patient Safety Challenge of NABP Programs, on Medication Safety Jack W. “Jay” Mark D. Johnston Services Campbell Member, District 7 MPJE State-Specific Treasurer 19 Richard B. Mazzoni Review to Be Completed Via Secure Website; Timothy D. Fensky Member, District 8 Boards’ Participation Helps Member, District 1 NABP Executive Ensure Exam’s Validity Caroline D. Juran Committee elections Member, District 2 are held each year at the Association’s Annual Reginald “Reggie” Meeting. Dilliard Member, District 3 Innovations (ISSN 2472-6850 – print; ISSN 2472-6958 – online) is published 10 times a year by the National Association of Boards of Pharmacy® (NABP®) to educate, to inform, and to communicate the objectives and programs of the Association and its 67 member boards of pharmacy. The opinions and views expressed in this publication do not necessarily reflect the official views, opinions, or policies of NABP or any board 10 unless expressly so stated. The subscription rate is $70 per year. Feature News Telepharmacy: The New Frontier of Patient Care and National Association of Boards of Pharmacy Professional Practice 1600 Feehanville Drive, Mount Prospect, IL 60056 • 847/391-4406 www.nabp.pharmacy • [email protected] Carmen A. Catizone Executive Director/Secretary 2017 Special Issue Amy Suhajda Coming Soon! Communications Manager The 2017 Innovations Special Issue © 2017 National Association of Boards of Pharmacy. All rights will be mailing soon. The newsletter reserved. No part of this publication may be reproduced in any will include an overview of NABP’s manner without the written permission of the executive director/ 113 th Annual Meeting in Orlando, secretary of the National Association of Boards of Pharmacy. FL; biographies of the 2017-2018 Executive Committee officers and members; resolutions approved by member board of pharmacy NABP Mission Statement delegates; and photos of the 2017 Annual Awards recipients. NABP is the independent, international, and impartial association The Special Issue will also be available in the Publications and that assists its member boards and jurisdictions for the purpose of Reports section of the NABP website at www.nabp.pharmacy. protecting the public health. June/July 2017 innovations | 2 Interview With a Board Executive Director Gay Dodson, RPh, DPh Executive Director/Secretary, Texas State Board of Pharmacy How long have you served as executive director/secretary of the Texas State Board of Pharmacy? What was your role prior to working with the Board? I’ve been executive director since June 1997. Following school in June 1969, I worked as a pharmacist in the Dallas area, both at an independent and a chain pharmacy. In November 1982, I started to work for the Board as a field compliance officer in the Houston area, and in January 1985, I moved to the Austin office, Gay Dodson, RPh, DPh working as a senior compliance officer. I then held different positions until Executive Director/Secretary, November 1987, when I was promoted to director of the compliance program. I Texas State Board of Pharmacy held that position until I became executive director. What is one of the most significant challenges or issues your board addressed in the past year or so? During the 2015 legislative session, the Texas Legislature moved our prescription monitoring program (PMP) from the Department of Public Safety to the Board of Pharmacy. This came about because of an interim study by both the House Committee on Public Health and the Senate Committee on Health and Human Services, which eventually led to a recommendation that the program be moved to the Board. They didn’t feel the Department was doing what it needed to do, and the medical professions greatly supported moving it to us. Our project for the last two years basically has been getting it up and running. What actions were taken by the Board to address the issue? The Department of Public Safety originally had the program since 1983. Because of that department’s law enforcement focus, I believe they weren’t looking at it as a clinical tool that could assist pharmacists in making good decisions when dispensing controlled substances, so we took that as our focus. It still has an enforcement piece, too, but mainly it’s trying to get the best care to the patients. Because the system had become stagnant under the Department of Public Safety, its usage had dropped dramatically during that time. So, we talked to other boards of pharmacy that were operating PMPs to learn what was available and what they thought was important, and then developed our bid specifications. In early 2016, we awarded the contract for the PMP software to Appriss, Inc. One of my directors, Allison Benz, took charge of the program, got it up and running, and we went live on September 1, 2016. Since we’ve taken it over, we have signed agreements with about nine states using NABP PMP InterConnect®. Previously, our PMP was not sharing data with other states, and I think that’s an important piece. During the first six months, we’ve increased the number of accounts — people who are signed up to use it — by more than a third. That sounds great, but we only have 44,000 people signed up to use it, and there are about 100,000 that can, so we’ve got some work to do. We’re in the process of trying to get the word out to everyone who hasn’t figured out what’s going on. Everyone using it seems to be very pleased with the product we have. continued on page 8 Texas State Board of Pharmacy Number of Board Members: 7 pharmacist members, 3 public members, 1 pharmacy technician Number of Compliance Officers/Inspectors: 21 Rules and Regulators Established by: State Board of Pharmacy Number of Pharmacist Licensees: 32,680 Number of Pharmacies: 8,079 (in-state) Number of Wholesale Distributors: 381 June/July 2017 innovations | 3 Legal Briefs Perception Is Reality egulated professions and of board decisions. Individual members occupations are under of the state boards of pharmacy must be heightened scrutiny from aware of and adhere to the principles of R various perspectives. government regulation for the benefit of Based upon numerous factors, the public health, safety, and welfare and not public protection component, upon allow professional promotion to unduly which regulating the professions influence decision-making. is premised, has been lost in an economic-freedom, free-market In part responsible for the legal approach to providing consumers and political movements regarding with choices of products and access professional regulation was the February to services. How state government 2015 United States Supreme Court chooses to regulate may be subject case of North Carolina State Board to fundamental changes that of Dental Examiners v. Federal Trade 1 contemplate consolidated boards Commission, 574 U.S. 1 (2015) . This Attorney Dale J. Atkinson, JD, or other regulatory structures that important legal opinion has emboldened outside counsel for NABP, “share” decision-making among plaintiffs to challenge decisions of state is a partner in the law firm professions. boards under antitrust theories, resulting of Atkinson & Atkinson. in numerous lawsuits challenging the The aforementioned perspectives actions of state boards in multiple include approaches from many professions. While many cases have different interests. From an economic been dismissed or resolved, several viewpoint, challenges to regulation are cases remain pending, especially in the propounded that promote competitive arena of regulating “telepractice” of a While some approaches over government control, profession, both intrastate and interstate. which ostensibly allow for consumer health professions, choice and, perhaps, more competitive More specifically, the Supreme Court pricing. From a legal perspective, this opinion has stimulated potential plaintiffs such as medicine, competitive spirit appears to be fueling or disgruntled licensees to focus legal increased litigation challenging the arguments on the composition of state nursing, and authority of state regulatory boards, boards. Based upon the fact that state using antitrust and other theories boards are comprised of active market pharmacy, may think related to anticompetitive behavior. participants, challenges to board And, from a political perspective, actions claim that professionals are they are ‘immune’ legislative movements permeate the protecting professionals under the guise from deregulation, landscape, arguing for less regulation, of government. Complainants allege consolidated boards, and, in some that state board members engage in the effects of the cases, deregulation of certain activities that promote the profession professions or occupations. in an anticompetitive manner. It is also regulatory climate argued that board members do not While some health
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