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Mark Steinagel
DOPL
Richards, Dan Wed, Apr 15, 2020 at 5:25 PM
To: Stuart Adams , Mark Steinagel , Evan Vickers
Co: *val.peterson
Gentlemen,
| just received a call from DOPL telling me that what I was doing was in violation and if | persisted | would be
cited. Jennifer Healy cited below:
(3) Facilities engaged in simple, moderate or complex non-sterile or any level of sterile
compounding activities shall maintain proper records and procedure manuals and establish quality
control measures to ensure stability, equivalency where applicable, and sterility. The following
requirements shall be met:
(a) Facilities shall follow USP-NF Chapter 795, compounding of non-sterile preparations, and USP-
NF Chapter 797 if compounding sterile preparations.
(b) Facilities may compound in anticipation of receiving prescriptions in limited amounts.
(c) Bulk active ingredients:
(i) shall be procured from a facility registered with the federal Food and Drug Administration; and
(ii) may not be listed on the federal Food and Drug Administration list of drug products withdrawn
or removed from the market for reasons of safety or effectiveness.
‘Then in USP-NF 795 it states
1
‘Compounders shall first attempt to use components manufactured in an FDA-registered facility. When
components can- not be obtained from an FDA-registered facility, compounders shall use their
professional judgment in selecting an acceptable and reliable source and shall establish purity and
safety by reasonable means, which should include Certificate of Analysis, manufacturer reputation,
and reliability of source.
There seems to be a contradiction here. In 795 | can use other sources and then c.i says i cannot. The facility
| purchased from does not have FDA registration but provided a Certificate of Analysis and product was
tested and meets USP standards for the chemical.
Also the distribution model. The department of health was going to own the product and then it would be
distributed out by them via independent pharmacies. This was stated as being illegal because that would be
considered a 503b pharmacy.
Below are parts of SB3002
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Qu (a)A health care provider is immune from civil liability for any_harm resulting
from any_act or omission in the course of providing health care during a declared major public
3 health emergency if,
82 (i).(A) the health care is provided in good faith to treat a patient for the illness or
53 condition that resulted in the declared major public health emergency; _or
54 (B). io f providing health care to a patient for the
55 il it jjor public health emergency; and
56 {iy acts or orasions of the healt cae prover ware het
oT (A)-grassly negligent, or
58 (8) intentional or malicious misconduct.
91 (4). (a) A person is immune from civil liability for providing assistance to an agency of
92 the state to manufacture, distribute, dispense, administer, or provide a qualified treatment
93 during a declared major public health emergency if the assistance is provided under contract
94 with and under the direction of the state agency.
Mark,
Does $B 3002 cover Meds In Motion? If not what needs to change in order to be ensured that there is.
coverage? We have been working very closely with the state and have a very good plan. It would be a
shame to have that plan foiled by a technicality. We appreciate your help during this unprecedented time in
our state's history. We need to band together for the common good and get things turned back on.
Thanks for your help
Dan Richards
Meds In Motion
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Mark Steinagel
DOPL
Mark Steinagel Wed, Apr 15, 2020 at 5:26 PM
To: "Richards, Dan , Evan Vickers , “val. peters ora
Dan,
1 dont know anything about the case, but Iwill have my Chief Investigator take a Took att
T wonder ifshe received a complaint
Mark
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Mark Steinagel
Director
Division of Occupational and Professional Licensing
Utah Department of Commerce
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Mark Steinagel
DOPL.
Mark Steinagel Wed, Apr 15, 2020 at 5:35 PM
To: "Richards, Dan" , Evan Vickers , "val_petersor RNa
My chief investigator is looking into the matter right now.
| informed my managers about the discussion on hydroxyehloroquine from a few weeks ago. Jennifer isa few levels down. I wonder
If she somehow missed the message,
We will help the Legislature and the Governor achieve your objectives, withthe help of the UDOH and the Coronavirus Task Fores,
1 think we can do it without modifying the statute, but let me know if you need to visit with me.
Mark
(On Wed, Apr 15, 2020 at 5:25 PM Richards, Dan wrote:
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