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State Board of Health

Board of Health Conference Call
August 1, 2005

Attendees: Deborah Jantsch, Donna Mannello, Annette Slack, John Buckner, Joseph Forand, Ollie Fisher, David Durbin, James Cook, Susan McCann, Cindy Schmutzler

Absent: James Berry

TOPIC DISCUSSION ACTION
Introduction from David Durbin, Director of the Division of Regulation and Licensure David Durbin greeted the board members and thanked them for their participation. FYI

Controlled Substances
19 CSR 30-1.032
Security for Nonpractitioners
Emergency Amendment / Proposed Amendment

These rules relate to new legislation on Methamphetamine.

Susan McCann, Bureau Chief of Narcotics and licensed pharmacist will explain the changes.

One of the components of the new statute allows DHSS to provide special security conditions for wholesalers, warehouses that currently stock pseudoephedrine, and ephedrine combination products. If the language is not put into place the companies that stock these drugs will have to construct very expensive special facilities to house all of those products. The statutory language gives some flexibility, such as requiring them to comply with the regulated chemical program that is defined by the DEA. It does not require vaults and special changes.

Dr. Forand noted that the emergency amendment refers to the Department of Health and the proposed amendment refers to the Department of Health and Senior Services.

Dr. Jantsch inquired about a fiscal note.

 

 

 

 

 

 

 

 


Susan McCann will fix the language so that both refer to the Department of Health and Senior Services.

Susan McCann said there would be a fiscal note if the department did not establish such language.

19 CSR 30-1.074 Dispensing Without a Prescription
Emergency Amendment / Proposed Amendment

The proposed amendment establishes a security requirement for distributors of Schedule V pseudophedrine and ephedrine products.

The new statute requires record keeping security measures to be in place within 90 days. Before there was a bound, written log, and this rule would put an electronic log into effect. The statutory language also allows for a pharmacist or a pharmacy technician to make the sale, whereas before only a pharmacist could make the sale. Currently, the department’s legal counsel is reviewing the possibility of also allowing pharmacy interns to sell the pseudoephedrine products as well. Pharmacy interns actually have more training than registered pharmacy technicians.

Dr. Jantsch suggested that the board look at these rules first and motion to approve.

Dr. Jantsch moved to publish the emergency and proposed amendments of rules 19 CSR 30-1.032 and 19 CSR 30-1.074. Dr. Forand seconded the motion.

 

 

 

 

 

 

 

 

 

 

Motion to publish 19 CSR 30-1.032 and 19 CSR 30-1.074 Emergency and Proposed Amendments Passed.

Ambulatory Surgical Center
19 CSR 30-30.010
Definitions and Procedures for Licensing Ambulatory Surgical Centers
Proposed Amendment / Emergency Amendment

Dr. Jantsch asked if before we began if discuss the change in the start date.

David Durbin explained that the department had a conversation recently with Missouri Hospital Association (MHA) and they had indicated that it will take quite some time for the hospitals to set into place the various mechanisms that the statute requires. As a result of that conversation the department agreed with MHA to make the rules effective December 1, 2005.

The amendment additionally defines the infection control officer, root cause analysis, and sentinel event which are needed to implement new hospital requirements regarding infection control imposed by the Missouri Nosocomial Infection Control Act of 2004.

Dr. Jantsch asked what is the sense that the department got from speaking with ambulatory centers that they qualify or can qualify and how can they prove that the person reporting to the department fits these qualifications?

Dr. Buckner added that in regards to additional training or education – it seems vague. Dr. Jantsch agreed and asked what exactly had to be presented.

 

 

 

 

 

 

Most Ambulatory Surgical Centers now have some type of an infection control qualifications that they’re currently following and it will not be a major change for them.

Just defining a job description.

Allows more of leeway. A person can be grandfathered in if they are basically doing the job.

19 CSR 30 -30.020
Administration Standards for Ambulatory Surgical Centers
Emergency Amendment / Proposed Amendment

Allows implementation

Requires more specifics with hand washing. Goes along with CDC guidelines and requires the administration observe their staff washing their hands before and after working with a patient. Not all of the staff, but a sampling.

Dr. Forand noted that the regulationss were from October 2002, and it is a category 2B to wash your hands before and after every patient contact. Consequently, if you see 70 patients, you are washing your hands 140 times a day.

If you leave one room and just washed your hands and go directly into the next room, would that one hand washing count as the before and after or would you have to wash your hands again?

Dr. Jantsch asked if the hand sanitizer would count as washing your hands before seeing a patient?

Dr. Fisher made a motion to accept the rules for the Ambulatory Surgical Center. Dr. Forand seconded the motion. The rules for the Ambulatory

 

 

 

 

 

 

 

 

It would depend on the patient and the situation

 

Cindy noted that it would.

 

Surgical Center Rules were accepted.

Hospital Rules Amendments

19 CSR 30-20.011 Definitions Relating to Hospitals
19CSR 30-30.010
Organization and Management for Hospitals

This rule adds definitions for infection control officers, root cause analysis, and sentinel event.

Adds requirements related to hospitals’ infection control programs

Allows hospitals to administer influenza vaccinations based on hospital policy. This adds requirements related to the use of overtime for nurses and establishes a tobacco-free environment at all hospitals.

 

 

Dr. Forand made a motion to accept the Hospital Rule Amendments. Dr. Mannello seconded the motion. Hospital Rule Amendments were accepted.