I.CONSENT ITEMS Eddie called the meeting to order at 2:12pm. Roll was called.
Scott mentioned this board meeting would be different from previous meetings with presentations focused on 1) legal issues that have arisen as a result of Act 900 and 2) proposed legislation related to tort reform.
Harding University College of Pharmacy – Dean Jeff Mercer
Class of 62 currently planned for Fall 2016
UAMS & Health-Systems Academy – Dr. Kendrea Jones – gave report for UAMS and AAHP. UAMS is having its retreat right now. 120 students for new class. Several students and faculty won awards over the summer.
AAHP Fall Seminar is Sept 28-30. More information will be coming soon. The Seminar will offer more than 10 hours of CE and will feature a reverse expo for vendors to meet directly with seminar attendees.
5. Compounding Academy – Dr. Rebecca Mitchell – New guidance documents are available from the FDA and AR Board of Pharmacy – FDA put out positive list for what can be compounded in 503A vs 503B pharmacies. Current guidelines will cause a gap in care between what an A and B pharmacy can do. New guidelines came out last month for what constitutes a copy of a product.
8. Guest Presentation – Alex Gray, Steel, Wright & Collier – National PBM Association has filed a lawsuit about Act 900. The trial date is December 5th.. Alex anticipates both parties will file for summary judgment. After a federal judge in Arkansas rules on that, it will likely go to the 8th circuit appeals process.
Michael Butler received a prescription to fill but his acquisition cost was greater than the MAC list. He was going to lose money. Act 900 permits a pharmacist to refuse to fill a prescription if they will lose money. He received a notice from AETNA, a Medicare Part D provider, they notified him that unless he stopped declining to fill prescriptions, he would be removed from the network.
Michael filed a temporary restraining order preventing AETNA from removing Michael from their network. Order was granted, Michael is still in network. PBMs have shown a disregard for the current law.
Options for the board to consider – APA cannot file a class action lawsuit and seek damages. However, it can seek injunctive relief in order to have AETNA not threaten to kick people out of the network. Ruling on the constitutionality of Act 900 is coming soon so Alex recommends not spending money on that front.
9. Guest Presentation – David Norsworthy, Healthcare Access for Arkansans Ballot Initiative Committee – an amendment has been drafted to limit contingency fees for attorneys and non-economic damages for plaintiffs. This does not limit punitive damages, does not limit economic damages, does not cap medical claims, it does direct the state legislative body to cap non-economic damages (pain and suffering, etc) It directs the legislature to limit the non-economic damages to no less than $250,000.
It also limits contingency fees for attorneys. This amendment says an attorney cannot charge more than one-third of judgment AFTER expenses.
III.DISCUSSION Scott disclosed that one of David’s business partners is Michael Morton.
Medical Society met last week. They have a member who is very supportive of nursing homes. That person tried to get the Medical Society to donate $250,000 to the initiative to pass this amendment.
Dylan moved, Rodney seconded to support the ballot initiative of tort reform – motion carried.
Clint moved to delegate to the executive committee the duty of selecting a legislator to serve on the initiative committee. Darla seconded, motion carries.
Medical marijuana – Scott mentioned that the board has a policy that they support medical marijuana when it’s prescribed by a doctor and dispensed by a pharmacist.
Kendrea moved to adopt the minutes, Darla seconded. Motion carried.
Scott read the anti-trust policy of the association.
Denise moves, Rebecca seconds, that APA renews its policy on medical marijuana. Rodney abstained. Motion carries.
Stephen moved to adjourn, Dylan seconded. Motion carries.