NOTE:    The following Minutes are provided for informational purposes only.

If you would like to obtain an official copy of these Minutes, please contact the

State Board of Pharmacy at 614/466-4143 for instructions and fee.

 

 

 

Minutes Of The Meeting

Ohio State Board of Pharmacy

Columbus, Ohio

August 7, 8, 9, 2000

 

MONDAY, AUGUST 7, 2000

 

  8:00 a.m.       ROLL CALL

 

The State Board of Pharmacy convened in Room 1914, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with the following members present:

 

Suzanne L. Neuber, R.Ph. (President); Diane C. Adelman, R.Ph. (Vice-President); Ann D. Abele, R.Ph.; Suzanne R. Eastman, R.Ph.; Robert P. Giacalone, R.Ph.; Lawrence J. Kost, R.Ph.; Dorothy S. Teater, Public Member; and James E. Turner, R.Ph.

 

Also present were William T. Winsley, Executive Director; Timothy Benedict, Assistant Executive Director; Mark Keeley, Legislative Affairs Administrator; David Rowland, Legal Affairs Administrator; Sally Ann Steuk, Assistant Attorney General; and Mindy Boehm, Pharmacy Externship Student.

  8:16 a.m.

RES. 2001-008   Mr. Winsley presented a request from reciprocity candidate Sapna Patria whose reciprocity application was still lacking a score from the Test of Spoken English (TSE).  Mrs. Adelman moved that Ms. Patria be allowed to attend the reciprocity hearing on August 8, 2000, but not receive her pharmacist identification card until after the Board office received official confirmation of Ms. Patria’s successful completion of the TSE.  The motion was seconded by Ms. Eastman and approved by the Board (Aye-7/Nay-0).

 

The Board then discussed the Case Western Reserve University Advanced Practice Nurse Pilot Program report that had previously been mailed to the members.  There were no matters resulting that required official Board action.

  8:28 a.m.

Mr. Winsley, Mr. Benedict, and Mr. Keeley reviewed current and pending legislation with the Board.  There were no matters requiring official action of the Board regarding legislation.

  8:34 a.m.

RES. 2001-009   A compliance program proposal from Anthem Blue Cross/Blue Shield was distributed to the Board and discussed.  This program involved using one outside vendor to stuff and seal “Dear Member” letters into envelopes that would then be addressed by a separate vendor in order to maintain the individual patients’ confidentiality.  After discussion, the consensus of the board members was that this program would be acceptable.

  8:45 a.m.

The Board took a brief recess.

  9:03 a.m.

The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of conducting an adjudication hearing in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of Raleigh L. Smith, R.Ph., Waldo.

  9:30 a.m.

Board member Amonte B. Littlejohn arrived and joined the meeting in progress.  President Neuber announced that Mr. Littlejohn would not participate in the remainder of the hearing nor in its deliberations.

12:30 p.m.

The hearing ended and the record was closed.  The Board took a brief recess.

12:45 p.m.

The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of conducting an adjudication hearing in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of Jennifer D. Boss, Intern Applicant, Marion.

  2:08 p.m.

The hearing ended and the record was closed.  The Board took a recess for lunch.

  3:12 p.m.

The Board meeting resumed in Room 1914, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with all members present.  The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of conducting an adjudication hearing in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of Raymond Frederick Strahley, R.Ph., North Canton.

  4:58 p.m.

The hearing ended and the record was closed.  The Board took a brief recess.

  5:16 p.m.

The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of conducting an adjudication hearing in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of Gary A. Polcar, Parma.

  6:07 p.m.

The hearing ended and the record was closed.  The Board took a brief recess.

  6:15 p.m.

Ms. Abele moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code.  The motion was seconded by Ms. Eastman and a roll call vote was conducted by President Neuber as follows: Abele-Yes, Adelman-Yes, Eastman-Yes, Giacalone-Yes, Kost-Yes, Littlejohn-Yes, Teater-Yes, and Turner-Yes.

  7:00 p.m.

RES. 2001-010   The Executive Session ended and the meeting was opened to the public.  Ms. Abele moved that the Board adopt the following Order in the matter of Gary A. Polcar:

 

(A)     Testimony

 

State's Witnesses:

 

(1)     Frank Bodi, Ohio State Board of Pharmacy

 

Respondent's Witnesses:

 

(1)     Gary A. Polcar, Respondent

 

(B)     Exhibits

 

State's Exhibits:

 

(1)     Exhibit 1--Copy of twelve-page Proposal to Deny/Notice of Opportunity for Hearing letter dated April 19, 2000.

(2)     Exhibit 1A--Hearing Request letter dated May 13, 2000.

(3)     Exhibit 1B--Hearing Schedule letter dated May 16, 2000.

(4)     Exhibit 1C--Application For Examination As A Pharmacist of Gary A. Polcar signed and notarized on March 24, 2000; and attached letter from Gary Polcar dated March 22, 2000.

(5)     Exhibit 2--Copy of fourteen-page Order of the State Board of Pharmacy, Docket No. D-951201-029, in the matter of Gary A. Polcar dated January 31, 1997.

(6)     Exhibit 3--Copy of statement of Gary Polcar dated November 15, 1995.

(7)     Exhibit 4--Copy of statement of Gary A. Polcar dated November 18, 1995.

(8)     Exhibit 5--Three-page copy of statement of Dr. Richard C. Zahn, M.D. dated March 7, 1996.

(9)     Exhibit 6--Copy of letter from Richard C. Zahn, M.D. dated March 12, 1996.

(10)   Exhibit 7--Two-page copy of Order in the Court of Common Pleas, Geauga County, Ohio, State of Ohio vs. Gary Polcar, Case No. 96 C 000063, dated June 18, 1996.

(11)   Exhibit 8--Three-page copy of Judgment of Conviction in the Court of Common Pleas, Geauga County, Ohio, State of Ohio vs. Gary Polcar, Case No. 96 C 000063, dated July 30, 1996.

 

Respondent's Exhibits:

 

(1)     Exhibit A--Copy of four-page Summary and Procedural History of Case submitted by Nicholas E. Phillips, not dated.

(2)     Exhibit B--Copy of letter from Ronald J. Makovicka, not dated.

(3)     Exhibit C--Copy of letter from Sherri Eigsti dated June 22, 1996.

(4)     Exhibit D--Copy of three-page letter from Jerry M. Zober, M.D. dated April 26, 1996.

(5)     Exhibit E--Copy of two-page letter from Richard A. Schiller, Ph.D. dated June 20, 1996.

(6)     Exhibit F--Copy of statement of Gary A. Polcar dated January 28, 1996.

(7)     Exhibit G--Copy of letter from Mrs. Linda E. Polcar dated May 13, 1996.

(8)     Exhibit H--Copy of letter from Rev. David C. Norling dated June 21, 1996.

(9)     Exhibit I--Copy of letter from Rev. Mark A. Simone dated May 13, 1996.

(10)   Exhibit J--Copy of letter from Tom Wheeler dated May 14, 1996.

(11)   Exhibit K--Copy of letter from Veronica Perry dated November 27, 1996.

(12)   Exhibit L--Copy of Report and Order Terminating Probation in the Court of Common Pleas, Geauga County, Ohio, State of Ohio vs. Gary Polcar, Case No. 96-C-0063, dated January 26, 2000.

(13)   Exhibit M--Copy of letter from Ronald Makovicka dated July 30, 2000.

(14)   Exhibit N--Copy of letter from Joseph F. Raso dated July 19, 2000.

(15)   Exhibit O--Letter from Rev. Mark A. Simone dated July 31, 2000.

(16)   Exhibit P--Copy of letter from Sora Vigorito dated August 2, 2000.

 

(1)     Records of the State Board of Pharmacy indicate that Gary A. Polcar submitted an application for examination as a pharmacist on or about March 27, 2000.

 

(2)     On or about January 31, 1997, the Board found the following to be fact:

 

(a)     Records of the State Board of Pharmacy indicate that Gary A. Polcar was originally licensed to practice pharmacy in the state of Ohio on July 20, 1972, and his license was summarily suspended in accordance with Section 3719.121 of the Ohio Revised Code on December 1, 1995.

 

(b)     Gary A. Polcar did, from January 14, 1993, through October 22, 1995, knowingly sell controlled substances in an amount equal to or exceeding one hundred times the bulk amount when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Gary A. Polcar sold Acetaminophen with Codeine 60mg, a schedule III controlled substance, in the following amounts to a female individual in Florida without prescription:

 

 

The foregoing forty-seven prescriptions and/or refills total 7,000 units of Acetaminophen w/Codeine 60mg.  Such conduct is in violation of Section 2925.03(A)(10) of the Ohio Revised Code as was in effect prior to July 1, 1996.

 

(c)     Gary A. Polcar did, from January 14, 1993, through October 22, 1995, knowingly sell controlled substances in an amount equal to or exceeding three times the bulk amount, but in an amount less than one hundred times that amount when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Gary A. Polcar sold the following controlled substances, in the following amounts to a female individual in Florida without prescription:

 

Date

Rx No.

Type

Qty.

Drug

Cost

01/14/93

284141

refill

90

Diazepam 5mg

9.71

01/14/93

284673

refill

100

Chloral Hydrate 7.5gr

11.42

02/05/93

284141

refill

90

Diazepam 5mg

9.71

02/05/93

284673

refill

100

Chloral Hydrate 7.5gr

13.31

02/23/93

284673

refill

100

Chloral Hydrate 7.5gr

13.31

02/23/93

296830

new

90

Diazepam 5mg

9.71

03/13/93

296830

refill

90

Diazepam 5mg

9.71

03/13/93

298866

new

100

Chloral Hydrate 7.5gr

13.31

03/30/93

296830

refill

90

Diazepam 5mg

9.71

03/30/93

298866

refill

100

Chloral Hydrate 7.5gr

13.31

04/16/93

296830

refill

90

Diazepam 5mg

9.71

04/16/93

298866

refill

100

Chloral Hydrate 7.5gr

13.31

04/29/93

296830

refill

90

Diazepam 5mg

9.71

04/29/93

298866

refill

100

Chloral Hydrate 7.5gr

13.31

05/17/93

296830

refill

90

Diazepam 5mg

9.71

05/17/93

298866

refill

100

Chloral Hydrate 7.5gr

13.31

06/04/93

298866

refill

100

Chloral Hydrate 7.5gr

13.31

06/04/93

306606

new

90

Diazepam 5mg

9.71

06/20/93

306606

refill

90

Diazepam 5mg

9.71

06/02/93

308058

new

100

Chloral Hydrate 7.5gr

13.31

07/06/93

306606

refill

90

Diazepam 5mg

9.71

07/06/93

308058

refill

100

Chloral Hydrate 7.5gr

13.31

07/20/93

306606

refill

90

Diazepam 5mg

9.71

07/20/93

308058

refill

100

Chloral Hydrate 7.5gr

13.31

08/03/93

306606

refill

90

Diazepam 5mg

9.71

08/03/93

308058

refill

100

Chloral Hydrate 7.5gr

13.31

08/15/93

306606

refill

90

Diazepam 5mg

9.80

08/15/93

308058

refill

100

Chloral Hydrate 7.5gr

13.40

08/31/93

308058

refill

100

Chloral Hydrate 7.5gr

13.40

08/31/93

314005

new

90

Diazepam 5mg

9.80

10/04/93

314005

refill

90

Diazepam 5mg

9.80

10/04/93

317098

new

100

Chloral Hydrate 7.5gr

13.40

10/21/93

314005

refill

90

Diazepam 5mg

9.80

11/07/93

317098

refill

100

Chloral Hydrate 7.5gr

13.40

11/29/93

314005

refill

90

Diazepam 5mg

9.80

12/19/93

314005

refill

90

Diazepam 5mg

9.80

12/19/93

317098

refill

100

Chloral Hydrate 7.5gr

13.40

01/15/94

314005

refill

90

Diazepam 5mg

9.80

03/01/94

332120

new

90

Diazepam 5mg

9.80

03/22/94

332120

refill

90

Diazepam 5mg

9.80

04/17/94

332120

refill

90

Diazepam 5mg

9.80

05/08/94

332120

refill

90

Diazepam 5mg

9.80

05/30/94

332120

refill

90

Diazepam 5mg

9.80

06/21/94

332120

refill

90

Diazepam 5mg

9.80

07/15/94

344975

new

90

Diazepam 5mg

9.80

08/02/94

344975

refill

90

Diazepam 5mg

9.80

08/23/94

344975

refill

90

Diazepam 5mg

9.80

08/23/94

348197

new

30

Prosom 2mg

31.40

09/13/94

317098

refill

60

Chloral Hydrate 7.5gr

9.80

09/16/94

344975

refill

90

Diazepam 5mg

9.80

10/18/94

344975

refill

90

Diazepam 5mg

9.80

11/06/94

344975

refill

90

Diazepam 5mg

9.80

11/08/94

317098

refill

100

Chloral Hydrate 7.5gr

14.40

11/29/94

356917

new

100

Diazepam 5mg

10.25

12/19/94

356197

refill

100

Diazepam 5mg

10.25

01/03/95

356917

refill

100

Diazepam 5mg

10.25

01/17/95

317098

refill

100

Chloral Hydrate 7.5gr

14.40

02/07/95

356917

refill

100

Diazepam 5mg

10.25

02/27/95

356917

refill

100

Diazepam 5mg

10.25

02/27/95

356917

refill

100

Diazepam 5mg

10.25

02/28/95

365592

new

100

Chloral Hydrate 7.5gr

14.40

03/28/95

368178

new

100

Diazepam 5mg

10.25

04/25/95

365592

refill

100

Chloral hydrate 7.5gr

14.40

04/25/95

368178

refill

100

Diazepam 5mg

10.25

05/21/95

365592

refill

100

Chloral Hydrate 7.5gr

16.82

05/21/95

368178

refill

100

Diazepam 5mg

10.25

06/13/95

365592

refill

30

Chloral Hydrate 7.5gr

8.00

07/06/95

365592

refill

70

Chloral Hydrate 7.5gr

13.04

07/06/95

368178

refill

100

Diazepam 5mg

10.25

07/29/95

365592

refill

100

Chloral Hydrate 7.5gr

16.82

07/29/95

368178

refill

100

Diazepam 5mg

10.25

08/22/95

368178

refill

100

Diazepam 5mg

10.25

09/15/95

365592

refill

100

Chloral Hydrate 7.5gr

16.82

09/12/95

382172

new

100

Diazepam 5mg

10.25

10/22/95

382172

refill

100

Diazepam 5mg

10.25

 

The foregoing seventy-five prescriptions and/or refills are summarized as follows: forty-six prescriptions and/or refills totaling 4,280 units of Diazepam 5mg; twenty-eight prescriptions and/or refills totaling 2,660 units of Chloral Hydrate 7.5gr; and one prescription totaling 30 units of Prosom.  Such conduct is in violation of Section 2925.03(A)(7) of the Ohio Revised Code as was in effect prior to July 1, 1996.

 

(d)     Gary A. Polcar did, on or about the following dates, intentionally make and/or knowingly possess false or forged prescriptions, to wit: Gary A. Polcar created and maintained on file the following unauthorized prescriptions:

 

Date

Rx No.

Type

Qty.

Drug

Cost

01/14/93

284141

refill

90

Diazepam 5mg

9.71

01/14/93

284142

refill

150

Acetaminophen w/Codeine 60mg

31.67

01/14/93

284673

refill

100

Chloral Hydrate 7.5gr

11.42

02/05/93

284141

refill

90

Diazepam 5mg

9.71

02/05/93

284142

refill

150

Acetaminophen w/Codeine 60mg

31.67

02/05/93

284673

refill

100

Chloral Hydrate 7.5gr

13.31

02/23/93

284673

refill

100

Chloral Hydrate 7.5gr

13.31

02/23/93

296830

new

90

Diazepam 5mg

9.71

02/23/93

296831

new

150

Acetaminophen w/Codeine 60mg

31.67

03/13/93

296830

refill

90

Diazepam 5mg

9.71

03/13/93

296831

refill

150

Acetaminophen w/Codeine 60mg

31.67

03/13/93

298866

new

100

Chloral Hydrate 7.5gr

13.31

03/30/93

296830

refill

90

Diazepam 5mg

9.71

03/30/93

296831

refill

150

Acetaminophen w/Codeine 60mg

31.67

03/30/93

298866

refill

100

Chloral Hydrate 7.5gr

13.31

04/16/93

296830

refill

90

Diazepam 5mg

9.71

04/16/93

296831

refill

150

Acetaminophen w/Codeine 60mg

31.67

04/16/93

298866

refill

100

Chloral Hydrate 7.5gr

13.31

04/29/93

296830

refill

90

Diazepam 5mg

9.71

04/29/93

296831

refill

150

Acetaminophen w/Codeine 60mg

31.67

04/29/93

298866

refill

100

Chloral Hydrate 7.5gr

13.31

05/17/93

296830

refill

90

Diazepam 5mg

9.71

05/17/93

296831

refill

150

Acetaminophen w/Codeine 60mg

31.67

05/17/93

298866

refill

100

Chloral Hydrate 7.5gr

13.31

06/04/93

298866

refill

100

Chloral Hydrate 7.5gr

13.31

06/04/93

306605

new

150

Acetaminophen w/Codeine 60mg

31.67

06/04/93

306606

new

90

Diazepam 5mg

9.71

06/20/93

306605

refill

150

Acetaminophen w/Codeine 60mg

31.67

06/20/93

306606

refill

90

Diazepam 5mg

9.71

06/20/93

308058

new

100

Chloral Hydrate 7.5gr

13.31

07/06/93

306605

refill

150

Acetaminophen w/Codeine 60mg

31.67

07/06/93

306606

refill

90

Diazepam 5mg

9.71

07/06/93

308058

refill

100

Chloral Hydrate 7.5gr

13.31

07/20/93

306605

refill

150

Acetaminophen w/Codeine 60mg

31.67

07/20/93

306606

refill

90

Diazepam 5mg

9.71

07/20/93

308058

refill

100

Chloral Hydrate 7.5gr

13.31

08/03/93

306605

refill

150

Acetaminophen w/Codeine 60mg

31.67

08/03/93

306606

refill

90

Diazepam 5mg

9.71

08/03/93

308058

refill

100

Chloral Hydrate 7.5gr

13.31

08/15/93

306605

refill

150

Acetaminophen w/Codeine 60mg

31.76

08/15/93

306606

refill

90

Diazepam 5mg

9.80

08/15/93

308058

refill

100

Chloral Hydrate 7.5gr

13.40

08/31/93

308058

refill

100

Chloral Hydrate 7.5gr

13.40

08/31/93

314004

new

150

Acetaminophen w/Codeine 60mg

31.76

08/31/93

314005

new

90

Diazepam 5mg

9.80

10/04/93

314004

refill

150

Acetaminophen w/Codeine 60mg

31.76

10/04/93

314005

refill

90

Diazepam 5mg

9.80

10/04/93

317098

new

100

Chloral Hydrate 7.5gr

13.40

10/21/93

314004

refill

150

Acetaminophen w/Codeine 60mg

31.76

10/21/93

314005

refill

90

Diazepam 5mg

9.80

11/07/93

317098

refill

100

Chloral Hydrate 7.5gr

13.40

11/29/93

314004

refill

150

Acetaminophen w/Codeine 60mg

31.76

11/29/93

314005

refill

90

Diazepam 5mg

9.80

12/19/93

314004

refill

150

Acetaminophen w/Codeine 60mg

31.76

12/19/93

314005

refill

90

Diazepam 5mg

9.80

12/19/93

317098

refill

100

Chloral Hydrate 7.5gr

13.40

01/15/94

314004

refill

150

Acetaminophen w/Codeine 60mg

3.76

01/15/94

314005

refill

90

Diazepam 5mg

9.80

03/01/94

332119

new

150

Acetaminophen w/Codeine 60mg

31.76

03/01/94

332120

new

90

Diazepam 5mg

9.80

03/22/94

332119

refill

150

Acetaminophen w/Codeine 60mg

31.76

03/22/94

332120

refill

90

Diazepam 5mg

9.80

04/17/94

332119

refill

150

Acetaminophen w/Codeine 60mg

31.76

04/17/94

332120

refill

90

Diazepam 5mg

9.80

05/08/94

332119

refill

150

Acetaminophen w/Codeine 60mg

31.76

05/08/94

332120

refill

90

Diazepam 5mg

9.80

05/03/94

332119

refill

150

Acetaminophen w/Codeine 60mg

31.76

05/30/94

332120

refill

90

Diazepam 5mg

9.80

06/21/94

332119

refill

150

Acetaminophen w/Codeine 60mg

31.76

06/21/94

332120

refill

90

Diazepam 5mg

9.80

07/15/94

344975

new

90

Diazepam 5mg

9.80

07/15/94

344976

new

150

Acetaminophen w/Codeine 60mg

31.76

08/02/94

344975

refill

90

Diazepam 5mg

9.80

08/02/94

344976

refill

150

Acetaminophen w/Codeine 60mg

31.76

08/23/94

344975

refill

90

Diazepam 5mg

9.80

08/23/94

344976

refill

150

Acetaminophen w/Codeine 60mg

31.76

08/23/94

348197

new

30

Prosom 2mg

31.40

09/13/94

317098

refill

60

Chloral Hydrate 7.5gr

9.80

09/13/94

344976

refill

100

Acetaminophen w/Codeine 60mg

22.49

09/16/94

344975

refill

90

Diazepam 5mg

9.80

09/24/94

344976

refill

150

Acetaminophen w/Codeine 60mg

31.76

10/18/94

344975

refill

90

Diazepam 5mg

9.80

10/18/94

344976

refill

150

Acetaminophen w/Codeine 6mg

31.76

11/06/94

344975

refill

90

Diazepam 5mg

9.80

11/06/94

344976

refill

150

Acetaminophen w/Codeine 60mg

31.76

11/08/94

317098

refill

100

Chloral Hydrate 7.5gr

14.40

11/29/94

356916

new

150

Acetaminophen w/Codeine 60mg

31.76

11/29/94

356917

new

100

Diazepam 5mg

10.25

12/19/94

356916

refill

150

Acetaminophen w/Codeine 60mg

31.76

12/19/94

356917

refill

100

Diazepam 5mg

10.25

01/03/95

356916

refill

150

Acetaminophen w/Codeine 60mg

31.76

01/03/95

356917

refill

100

Diazepam 5mg

10.25

01/17/95

317098

refill

100

Chloral Hydrate 7.5gr

14.40

02/07/95

356916

refill

150

Acetaminophen w/Codeine 60mg

31.76

02/07/95

356917

refill

100

Diazepam 5mg

10.25

02/27/95

356917

refill

100

Diazepam 5mg

10.25

02/27/95

356917

refill

100

Diazepam 5mg

10.25

02/28/95

356916

refill

150

Acetaminophen w/Codeine 60mg

31.76

02/28/95

365592

new

100

Chloral Hydrate 7.5gr

14.40

03/28/95

356916

refill

150

Acetaminophen w/Codeine 60mg

31.76

03/28/95

368178

new

100

Diazepam 5mg

10.25

04/25/95

365592

refill

100

Chloral Hydrate 7.5gr

14.40

04/25/95

368178

refill

100

Diazepam 5mg

10.25

04/25/95

370689

new

150

Acetaminophen w/Codeine 60mg

31.76

05/21/95

365592

refill

100

Chloral Hydrate 7.5gr

16.82

05/21/95

368178

refill

100

Diazepam 5mg

10.25

05/21/95

370689

refill

150

Acetaminophen w/Codeine 60mg

31.76

06/13/95

365592

refill

30

Chloral Hydrate 7.5gr

8.00

06/13/95

370689

refill

150

Acetaminophen w/Codeine 60mg

31.76

07/06/95

365592

refill

70

Chloral Hydrate 7.5gr

13.04

07/06/95

368178

refill

100

Diazepam 5mg

10.25

07/06/95

370689

refill

150

Acetaminophen w/Codeine 60mg

31.76

07/29/95

365592

refill

100

Chloral Hydrate 7.5gr

16.82

07/29/95

368178

refill

100

Diazepam 5mg

10.25

07/29/95

370689

refill

150

Acetaminophen w/Codeine 60mg

31.76

08/22/95

368178

refill

100

Diazepam 5mg

10.25

08/22/95

370689

refill

150

Acetaminophen w/Codeine 60mg

31.76

09/12/95

365592

refill

100

Chloral hydrate 7.5gr

16.82

09/12/95

382170

new

150

Acetaminophen w/Codeine 60mg

32.66

09/12/95

382172

new

100

Diazepam 5mg

10.25

10/22/95

382170

refill

150

Acetaminophen w/Codeine 60mg

32.66

10/22/95

382172

refill

100

Diazepam 5mg

10.25

 

Such conduct is in violation of Section 2925.23(B)(1) of the Ohio Revised Code as was in effect prior to July 1, 1996.

 

(e)     Gary A. Polcar did, from February 5, 1993, through October 22, 1995, knowingly sell controlled substances in an amount equal to or exceeding three times the bulk amount, but in an amount less than one hundred times that amount, when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Gary A. Polcar sold the following controlled substances in the following amounts to a male individual in Florida without prescription:

 

Date

Rx No.

Type

Qty.

Drug

Cost

02/05/93

294832

new

100

Acetaminophen w/Codeine 30mg

12.32

03/13/93

294832

refill

100

Acetaminophen w/Codeine 30mg

12.32

05/17/93

294832

refill

100

Acetaminophen w/Codeine 30mg

12.32

06/02/93

294832

refill

100

Acetaminophen w/Codeine 30mg

12.32

07/20/93

294832

refill

100

Acetaminophen w/Codeine 30mg

12.32

10/04/93

294832

refill

100

Acetaminophen w/Codeine 30mg

12.82

10/04/93

317097

new

30

Temazepam 15mg

9.62

11/07/93

317097

refill

30

Temazepam 15mg

9.62

11/07/93

320369

new

100

Acetaminophen w/Codeine 30mg

12.82

11/29/93

320369

refill

100

Acetaminophen w/Codeine 30mg

12.82

12/18/93

317097

refill

30

Temazepam 15mg

9.62

12/18/93

320369

refill

100

Acetaminophen w/Codeine 30mg

12.82

01/15/94

317097

refill

30

Temazepam 15mg

9.62

01/15/94

320369

refill

100

Acetaminophen w/Codeine 30mg

12.82

02/03/94

320369

refill

100

Acetaminophen w/Codeine 30mg

12.82

02/08/94

317097

refill

30

Temazepam 15mg

9.62

03/01/94

317097

refill

30

Temazepam 15mg

9.62

03/01/94

320369

refill

100

Acetaminophen w/Codeine 30mg

12.82

03/22/94

334502

new

30

Temazepam 15mg

9.62

03/22/94

334503

new

100

Acetaminophen w/Codeine 30mg

12.82

04/17/94

334502

refill

30

Temazepam 15mg

9.62

04/17/94

334502

refill

30

Temazepam 15mg

9.62

04/17/94

334503

refill

100

Acetaminophen w/Codeine 30mg

12.82

05/08/94

334502

refill

30

Temazepam 15mg

9.62

05/08/94

334502

refill

30

Temazepam 15mg

9.62

05/08/94

334503

refill

100

Acetaminophen w/Codeine 30mg

12.82

05/30/94

334502

refill

30

Temazepam 15mg

9.62

05/03/94

334503

refill

100

Acetaminophen w/Codeine 30mg

12.82

05/03/94

340915

new

30

Temazepam 30mg

14.29

06/21/94

334503

refill

100

Acetaminophen w/Codeine 30mg

12.82

06/21/94

340915

refill

30

Temazepam 30mg

14.29

07/15/94

334503

refill

100

Acetaminophen w/Codeine 30mg

12.82

07/15/94

340915

refill

30

Temazepam 30mg

14.29

07/15/94

340915

refill

30

Temazepam 15mg

9.62

08/02/94

340915

refill

30

Temazepam 15mg

9.62

08/02/94

340915

refill

30

Temazepam 30mg

10.61

08/02/94

346467

new

100

Acetaminophen w/Codeine 30mg

13.31

08/23/94

346467

refill

100

Acetaminophen w/Codeine 30mg

13.31

09/16/94

350235

new

30

Temazepam 30mg

10..61

10/18/94

346467

refill

100

Acetaminophen w/Codeine 30mg

13.76

10/18/94

350235

refill

30

Temazepam 30mg

10.61

11/06/94

346467

refill

100

Acetaminophen w/Codeine 30mg

13.76

11/29/94

346467

refill

100

Acetaminophen w/Codeine 30mg

13.76

11/29/94

350235

refill

30

Temazepam 30mg

10.61

12/19/94

346467

refill

100

Acetaminophen w/Codeine 30mg

13.76

12/20/94

350235

refill

30

Temazepam 30mg

10.61

01/03/95

350235

refill

30

Temazepam 30mg

10.61

01/03/95

360306

new

100

Acetaminophen w/Codeine 30mg

13.76

02/07/95

350235

refill

30

Temazepam 30mg

10.61

02/07/95

360306

refill

150

Acetaminophen w/Codeine 30mg

19.88

02/28/95

360306

refill

100

Acetaminophen w/Codeine 30mg

13.76

02/28/95

365477

new

30

Temazepam 30mg

10.61

03/28/95

360306

refill

100

Acetaminophen w/Codeine 30mg

13.76

03/28/95

365477

refill

30

Temazepam 30mg

10.61

04/25/95

360306

refill

100

Acetaminophen w/Codeine 30mg

13.76

04/25/95

365477

refill

30

Temazepam 30mg

10.61

04/25/95

370690

new

100

Diazepam 5mg

10.25

05/21/95

360306

refill

100

Acetaminophen w/Codeine 30mg

13.76

05/21/95

365477

refill

30

Temazepam 30mg

10.61

05/21/95

370690

refill

100

Diazepam 5mg

10.25

06/31/95

365477

refill

30

Temazepam 30mg

10.61

07/06/95

365477

refill

30

Temazepam 30mg

11.51

07/29/95

370690

refill

100

Diazepam 5mg

10.25

07/29/95

378595

new

30

Temazepam 30mg

11.51

07/29/95

378596

new

100

Acetaminophen w/Codeine 30mg

13.76

08/22/95

370690

refill

100

Diazepam 5mg

10.25

08/22/95

378595

refill

30

Temazepam 30mg

11.51

09/12/95

370690

refill

100

Diazepam 5mg

10.25

09/12/95

378595

refill

30

Temazepam 30mg

11.51

09/12/95

378596

refill

100

Acetaminophen w/Codeine 30mg

13.76

10/22/95

370690

refill

100

Diazepam 5mg

10.25

10/22/95

378596

refill

100

Acetaminophen w/Codeine 30mg

13.76

10/22/95

378595

refill

30

Temazepam 30mg

11.51

 

The foregoing seventy-three prescriptions and/or refills are summarized as follows: thirty-three prescriptions and/or refills totaling 3,350 units of Acetaminophen w/Codeine 30mg; fourteen prescriptions and/or refills totaling 420 units of Temazepam 15mg; twenty-two prescriptions and/or refills totaling 600 units of Temazepam 30mg; and six prescriptions and/or refills totaling 600 units of Diazepam 5mg.  Such conduct is in violation of Section 2925.03(A)(7) of the Ohio Revised Code as was in effect prior to July 1, 1996.

 

(f)     Gary A. Polcar did, on or about August 23, 1994, and again on October 18, 1994, knowingly sell controlled substances in an amount equal to or exceeding the bulk amount, but in an amount less than three times that amount, when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Gary A. Polcar sold the following controlled substances, totaling 60 dosage units, to a male individual in Florida without prescription:

 

Date

Rx No.

Type

Qty.

Drug

Cost

08/23/94

348196

new

30

Flurazepam HCl 30mg

10.79

10/18/94

348196

refill

30

Flurazepam HCl 30mg

10.79

 

Such conduct is in violation of Section 2925.03(A)(5) of the Ohio Revised Code as was in effect prior to July 1, 1996.

 

(g)     Gary A. Polcar did, on or about the following dates, intentionally make and/or knowingly possess false or forged prescriptions, to wit: Gary A. Polcar created and maintained on file the following unauthorized prescriptions:

 

Date

Rx No.

Type

Qty.

Drug

Cost

02/05/93

294832

new

100

Acetaminophen w/Codeine 30mg

12.32

03/13/93

294832

refill

100

Acetaminophen w/Codeine 30mg

12.32

05/17/93

294832

refill

100

Acetaminophen w/Codeine 30mg

12.32

06/02/93

294832

refill

100

Acetaminophen w/Codeine 30mg

12.32

07/20/93

294832

refill

100

Acetaminophen w/Codeine 30mg

12.32

10/04/93

294832

refill

100

Acetaminophen w/Codeine 30mg

12.82

10/04/93

317097

new

30

Temazepam 15mg

9.62

10/18/94

348196

refill

30

Flurazepam 30mg

10.79

11/07/93

317097

refill

30

Temazepam 15mg

9.62

11/07/93

320369

new

100

Acetaminophen w/Codeine 30mg

12.82

11/29/93

320369

refill

100

Acetaminophen w/Codeine 30mg

12.82

12/18/93

317097

refill

30

Temazepam 15mg

9.62

12/18/93

320369

refill

100

Acetaminophen w/Codeine 30mg

12.82

01/15/94

317097

refill

30

Temazepam 15mg

9.62

01/15/94

320369

refill

100

Acetaminophen w/Codeine 30mg

12.82

02/03/94

320369

refill

100

Acetaminophen w/Codeine 30mg

12.82

02/08/94

317097

refill

30

Temazepam 15mg

9.62

03/01/94

317097

refill

30

Temazepam 15mg

9.62

03/01/94

320369

refill

100

Acetaminophen w/Codeine 30mg

12.82

03/22/94

334502

new

30

Temazepam 15mg

9.62

03/22/94

334503

new

100

Acetaminophen w/Codeine 30mg

12.82

04/17/94

334502

refill

30

Temazepam 15mg

9.62

04/17/94

334502

refill

30

Temazepam 15mg

9.62

04/17/94

334503

refill

1000

Acetaminophen w/Codeine 30mg

12.82

05/08/94

334502

refill

30

Temazepam 15mg

9.62

05/08/94

334502

refill

30

Temazepam 15mg

9.62

05/08/94

334503

refill

100

Acetaminophen w/Codeine 30mg

12.82

05/30/94

334502

refill

30

Temazepam 15mg

9.62

05/03/94

334503

refill

100

Acetaminophen w/Codeine 30mg

12.82

05/03/94

340915

new

30

Temazepam 30mg

14.29

06/21/94

334503

refill

100

Acetaminophen w/Codeine 30mg

12.82

06/21/94

340915

refill

30

Temazepam 30mg

14.29

07/15/94

334503

refill

100

Acetaminophen w/Codeine 30mg

12.82

07/15/94

340915

refill

30

Temazepam 30mg

14.29

07/15/94

340915

refill

30

Temazepam 15mg

9.62

08/02/94

340915

refill

30

Temazepam 15mg

9.62

08/02/94

340915

refill

30

Temazepam 30mg

10.61

08/02/94

346467

new

100

Acetaminophen w/Codeine 30mg

13.31

08/23/94

346467

refill

100

Acetaminophen w/Codeine 30mg

13.31

08/23/94

348196

new

30

Flurazepam 30mg

10.79

09/16/94

350235

new

30

Temazepam 30mg

10.61

10/18/94

346467

refill

100

Acetaminophen w/Codeine 30mg

13.76

10/18/94

350235

refill

30

Temazepam 30mg

10.61

11/06/94

346467

refill

100

Acetaminophen w/Codeine 30mg

13.76

11/29/94

346467

refill

100

Acetaminophen w/Codeine 30mg

13.76

11/29/94

350235

refill

30

Temazepam 30mg

10.61

12/19/94

346467

refill

100

Acetaminophen w/Codeine 30mg

13.76

12/20/94

350235

refill

30

Temazepam 30mg

10.61

01/03/95

350235

refill

30

Temazepam 30mg

10.61

01/03/95

360306

new

100

Acetaminophen w/Codeine 30mg

13.76

02/07/95

350235

refill

30

Temazepam 30mg

10.61

02/07/95

360306

refill

150

Acetaminophen w/Codeine 30mg

19.88

02/28/95

360306

refill

100

Acetaminophen w/Codeine 30mg

13.76

02/28/95

365477

new

30

Temazepam 30mg

10.61

03/28/95

360306

refill

100

Acetaminophen w/Codeine 30mg

13.76

03/28/95

365477

refill

30

Temazepam 30mg

10.61

04/25/95

360306

refill

100

Acetaminophen w/Codeine 30mg

13.76

04/25/95

365477

refill

30

Temazepam 30mg

10.61

04/25/95

370690

new

100

Diazepam 5mg

10.25

05/21/95

360306

refill

100

Acetaminophen w/Codeine 30mg

13.76

05/21/95

365477

refill

30

Temazepam 30mg

10.61

05/21/95

370690

refill

100

Diazepam 5mg

10.25

06/31/95

365477

refill

30

Temazepam 30mg

10.61

07/06/95

365477

refill

30

Temazepam 30mg

11.51

07/29/95

370690

refill

100

Diazepam 5mg

10.25

07/29/95

378595

new

30

Temazepam 30mg

11.51

07/29/95

378596

new

100

Acetaminophen w/Codeine 30mg

13.76

08/22/95

370690

refill

100

Diazepam 5mg

10.25

08/22/95

378595

refill

30

Temazepam 30mg

11.51

09/12/95

370690

refill

100

Diazepam 5mg

10.25

09/12/95

378595

refill

30

Temazepam 30mg

11.51

09/12/95

378596

refill

100

Acetaminophen w/Codeine 30mg

13.76

10/22/95

370690

refill

100

Diazepam 5mg

10.25

10/22/95

378596

refill

100

Acetaminophen w/Codeine 30mg

13.76

 

Such conduct is in violation of Section 2925.23(B)(1) of the Ohio Revised Code as was in effect prior to July 1, 1996.

 

(h)     Gary A. Polcar did, from January 14, 1993, through October 22, 1995, with the purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Medic Drug, Inc., Bainbridge Twp., Ohio, beyond the express or implied consent of the owner, to wit: while working at Medic Drug, Inc. Gary A. Polcar stole 3,350 units of Acetaminophen w/Codeine 30mg, a schedule III controlled substance; 7,000 units of Acetaminophen w/Codeine 60mg, a schedule III controlled substance; 600 units of Diazepam 5mg, a schedule IV controlled substance; 2,660 units of Chloral Hydrate 7.5mg, a schedule IV controlled substance; 30 units of Prosom, a schedule IV controlled substance; 420 units of Temazepam 15mg, a schedule IV controlled substance; 600 units of Temazepam 30mg, a schedule IV controlled substance; and/or 60 units of Flurazepam 30mg, a schedule IV controlled substance.  Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

 

(i)     Gary A. Polcar did, on or about June 6, 1996, in the Geauga County Common Pleas Court, Case No. 96 C 000063, plead guilty to three counts of Trafficking in Drugs in violation of Section 2925.03(A)(2) of the Ohio Revised Code, felonies of the fourth degree, and one count of Illegal Processing of Drug Documents in violation of Section 2925.23(B) of the Ohio Revised Code, a felony of the fourth degree.

 

The Board found that Gary A. Polcar was guilty of a felony, guilty of dishonesty and unprofessional conduct in the practice of pharmacy; and guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapter 2925. of the Ohio Revised Code.  On January 31, 1997, Gary A. Polcar’s license to practice pharmacy in the State of Ohio was revoked.

 

(1)     Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraph (2)(i) of the Findings of Fact constitutes being guilty of a felony as provided in paragraph (A) of Rule 4729-5-04 of the Ohio Administrative Code.

 

(2)     Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraph (2)(i) of the Findings of Fact constitutes having been convicted of violating state or federal pharmacy or drug laws as provided in paragraph (B) of Rule 4729-5-04 of the Ohio Administrative Code.

 

(3)     Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraphs (2)(a) through (2)(i) of the Findings of Fact constitute not being of good moral character and habits as provided in paragraph (C) of Rule 4729-5-04 the Ohio Administrative Code.

 

(4)     Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraph (2) of the Findings of Fact constitutes having been disciplined by the Ohio State Board of Pharmacy pursuant to Section 4729.16 of the Revised Code as provided in paragraph (E) of Rule 4729-5-04 of the Ohio Administrative Code.

 

 

The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).

  7:03 p.m.

RES. 2001-011   Mr. Turner then moved that the Board adopt the following Order in the matter of Raymond Frederick Strahley:

 

(A)     Testimony

 

State's Witnesses:

 

(1)     David Gallagher, Ohio State Board of Pharmacy

 

Respondent's Witnesses:

 

(1)     Raymond Frederick Strahley, Respondent

 

(B)     Exhibits

 

State's Exhibits:

 

(1)     Exhibit 1--Copy of four-page Summary Suspension Order/Notice of Opportunity for Hearing letter dated December 14, 1999.

(2)     Exhibit 1A--Hearing Request letter dated January 3, 2000.

(3)     Exhibit 1B--Copy of Hearing Schedule letter dated January 7, 2000.

(4)     Exhibit 1C--Copy of Hearing Schedule letter dated February 10, 2000.

(5)     Exhibit 1D--Copy of eight-page Amendment/Addendum Notice dated February 18, 2000.

(6)     Exhibit 1E--Copy of two-page Continuance Request letter dated April 28, 2000.

(7)     Exhibit 1F--Copy of Hearing Schedule letter dated May 2, 2000.

(8)     Exhibit 1G--Copy of Pharmacist File Front Sheet of Raymond Frederick Strahley, Jr. showing original date of registration as July 28, 1994.

(9)     Exhibit 1H--Two-page copy of Renewal Application for Pharmacist License, No. 03-1-20621, for a license to practice pharmacy in Ohio from September 15, 1999, to September 15, 2000, signed and dated July 29, 1999.

(10)   Exhibit 2--Five-page Marc’s Pharmacy Alliance Prescription Profile for Ray Strahley, Jr. dated from January, 1997, through January, 2000.

(11)   Exhibit 3--Marc’s Pharmacy Hartville Prescription Profile for Raymond Strahley dated from January, 1999, through December, 1999.

(12)   Exhibit 4A--Prescription number 249382.

(13)   Exhibit 4B--Prescription number 261662.

(14)   Exhibit 4C--Prescription number 264511C.

(15)   Exhibit 4D--Prescription number 265024.

(16)   Exhibit 4E--Prescription number 270256.

(17)   Exhibit 4F--Prescription number 271642.

(18)   Exhibit 4G--Prescription number 214820.

(19)   Exhibit 4H--Prescription number 271642L and refill label number 272949.

(20)   Exhibit 4I--Prescriptions numbered 272949L and 273331P.

(21)   Exhibit 4J--Prescription number 276781.

(22)   Exhibit 4K--Prescription number 276781L and refill label number 277754.

(23)   Exhibit 4L--Prescription number 278119.

(24)   Exhibit 4M--Prescription number 278607C.

(25)   Exhibit 4N--Prescription number 279922C.

(26)   Exhibit 4O--Prescriptions numbered 277754L and 281856.

(27)   Exhibit 4P--Prescription number 288035.

(28)   Exhibit 4Q--Prescription number 243902.

(29)   Exhibit 5--Two-page list of R.Ph. Strahley Medications dated from October 21, 1998, through December 18, 1999.

(30)   Exhibit 6--Two-page list of R.Ph. Strahley Exempt Sales dated from October 21, 1998, through November 29, 1999.

(31)   Exhibit 7--Apothecary Products, Inc. Exempt Narcotics Register for Marc’s Pharmacy Alliance dated from June 10, 1996, to November 29, 1999.

(32)   Exhibit 8--Apothecary Products, Inc. Exempt Narcotics Register for Marc’s Pharmacy Alliance dated from October 21, 1998, to November 26, 1999.

(33)   Exhibit 9--Five-page handwritten statement of Michael Jesber signed and notarized on December 20, 1999.

(34)   Exhibit 10--Three-page handwritten statement of Jonita A. Baker signed and notarized on December 20, 1999.

(35)   Exhibit 11--Handwritten statement of Almetrias R. Thomas signed and notarized on December 20, 1999.

(36)   Exhibit 12--Two-page handwritten statement of Dr. Hassan Tabrizi, M.D. signed and notarized on December 1, 1999.

(37)   Exhibit 13--Four-page handwritten statement of Dr. Ruben A. Nepomuceno, M.D. signed and notarized on January 5, 2000.

(38)   Exhibit 14--Two-page handwritten statement of Dr. Francis M. Turocy, M.D. signed and notarized on February 7, 2000.

(39)   Exhibit 15--Four Ohio State Board of Pharmacy Drug Audit Accountability Sheets of Marc’s Pharmacy, Alliance for the following drugs: Dimetane DC dated February 9, 2000; Bromanate DC dated February 10, 2000; Bromphen DC dated February 10, 2000; and Bromanate DC, Bromphen DC, and Dimetane DC dated February 9, 2000.

(40)   Exhibit 16--Five Ohio State Board of Pharmacy Drug Audit Accountability Sheets of Marc’s Pharmacy, Alliance for the following drugs: Novahistine DH dated February 17, 2000; Dihistine DH dated February 10, 2000; Phenhist DH dated February 10, 2000; Phenylhistine DH dated February 10, 2000; and Dihistine DH, Phenhist DH, Phenylhistine DH, and Novahistine DH dated February 10, 2000.

(41)   Exhibit 17--Three Ohio State Board of Pharmacy Drug Audit Accountability Sheets of Marc’s Pharmacy, Alliance for the following drugs: Guiatuss AC dated February 10, 2000; Halotussin AC dated February 10, 2000; and Guiatuss AC and Halotussin AC dated February 10, 2000.

(42)   Exhibit 18--Four Ohio State Board of Pharmacy Drug Audit Accountability Sheets of Marc’s Pharmacy, Alliance for the following drugs: Robitussin DAC dated February 17, 2000; Guiatussin DAC dated February 10, 2000; Halotussin DAC dated February 10, 2000; and Guiatussin DAC, Halotussin DAC, and Robitussin DAC dated February 17, 2000.

(43)   Exhibit 19--Seven Ohio State Board of Pharmacy Drug Audit Accountability Sheets of Marc’s Pharmacy, Alliance for the following drugs: Cotuss V dated February 10, 2000; Hycosin dated February 10, 2000; Hycotuss Exp Syrup & Vicodin Tuss dated February 10, 2000; Hydrocodone GF dated February 10, 2000; Hydrocodone Guaifen dated February 10, 2000; VI Q Tuss dated February 10, 2000; and Hydrocodone GF, Hydrocodone Guiafen, VI Q Tuss, Hycosin, Cotuss V, Hycotuss Exp, and Vicodin Tuss dated February 10, 2000.

(44)   Exhibit 20--Four Ohio State Board of Pharmacy Drug Audit Accountability Sheets of Marc’s Pharmacy, Alliance for the following drugs: Polyhistine CS dated February 11, 2000; Polytine CS dated February 10, 2000; Trihist CS dated January 18, 2000; and Polyhistine CS, Polytine CS, and Trihist CS dated February 10, 2000.

(45)   Exhibit 21--Ohio State Board of Pharmacy Drug Audit Accountability Sheet of Marc’s Pharmacy, Alliance for Hydrocodone/APAP 5/500mg dated February 10, 2000.

(46)   Exhibit 22-Ohio State Board of Pharmacy Drug Audit Accountability Sheet of Marc’s Pharmacy, Alliance for Hydrocodone/APAP 7.5/750mg dated February 10, 2000.

(47)   Exhibit 23--Ohio State Board of Pharmacy Drug Audit Accountability Sheet of Marc’s Pharmacy, Alliance for Tussigon tablets dated February 10, 2000.

(48)   Exhibit 24--Ohio State Board of Pharmacy Drug Audit Accountability Sheet of Marc’s Pharmacy, Alliance for Hycodan tablets dated February 10, 2000.

(49)   Exhibit 25--Ohio State Board of Pharmacy Drug Audit Accountability Sheet of Marc’s Pharmacy, Alliance for Carisoprodol 350mg dated February 17, 2000.

(50)   Exhibit 26--Copy of two-page, four-count, Indictment in The State of Ohio, Stark County, Case No. 2000CR0416 in the matter of Raymond F. Strahley dated April 13, 2000; copy of three-page Change of Plea and Intervention in Lieu of Conviction in the Court of Common Pleas, Stark County, Ohio, State of Ohio vs. Raymond F. Strahely (sic Strahley), Case No. 2000CR0416, dated May 22, 2000; and copy of six-page Plea of Guilty  in the Court of Common Pleas, Stark County, Ohio, State of Ohio vs. Raymond F. Strahley, Case No. 2000CR0416 dated May 17, 2000.

(51)   Exhibit 27--One hundred-page transcript of Interview of Raymond Strahley, R.Ph. by Ohio Board of Pharmacy Agent Dave Gallagher dated November 29, 1999.

 

Respondent's Exhibits:

 

(1)     Exhibit A--Copy of letter from Bernadette Charles dated July 27, 2000.

 

(1)     Records of the State Board of Pharmacy indicate that Raymond Frederick Strahley, Jr. was originally licensed in the state of Ohio on July 28, 1994, pursuant to examination. Raymond Frederick Strahley, Jr.’s license was summarily suspended on December 14, 1999, in accordance with Divisions (A) and (B) of Section 3719.121 of the Ohio Revised Code.

 

(2)     Raymond Frederick Strahley, Jr. is addicted to liquor or drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy, to wit: on or about November 29, 1999, Raymond Frederick Strahley, Jr. confessed to a Pharmacy Board agent that he realized that he needed help because he has "a problem" with Codeine cough syrup.  Raymond Frederick Strahley, Jr. admitted that he has “developed an addiction” and his work-time use was “getting out of control".  Raymond Frederick Strahley, Jr. admitted that he consumed 120cc to 180cc per day while practicing pharmacy to calm him down due to stress at work and in his personal life.  Such conduct indicates that Raymond Frederick Strahley, Jr. falls within the ambit of Sections 3719.121(A) and (B), and 4729.16(A)(3) of the Ohio Revised Code.

 

(3)     Raymond Frederick Strahley, Jr. did, from on or about June 10, 1999, through September 26, 1999, by deception, procure the administration of, a prescription for, or the dispensing of, a dangerous drug, to wit: Raymond Frederick Strahley, Jr. obtained the following prescriptions by deception from Dr. Hassan Tabrizi:

 

Rx. No.

 

Issue Date

 

Date Dispensed

 

Drug

 

Qty.

271642

 

06/10/99

 

06/10/99

 

Carisoprodol 350mg

 

20

272949

 

06/24/99

 

06/24/99

 

Carisoprodol 350mg

 

20

273331

 

06/28/99

 

06/30/99

 

Carisoprodol 350mg

 

20

276781

 

08/05/99

 

08/05/99

 

Carisoprodol 350mg

 

40

277754

 

08/17/99

 

08/17/99

 

Carisoprodol 350mg

 

40

281856

 

09/26/99

 

09/26/99

 

Carisoprodol 350mg

 

40

 

Such conduct is in violation of Section 2925.22 of the Ohio Revised Code.

 

(4)     Raymond Frederick Strahley, Jr. did, on or about June 30, 1999, intentionally make and/or knowingly possess a false or forged prescription, to wit: Raymond Frederick Strahley, Jr. knowingly possessed false or forged prescriptions for the following dangerous drug:

 

Rx No.

Issue Date

Dispensing Date

Drug

Qty

273331

6/28/99

6/30/99

Carisoprodol 350mg

20

281856

9/26/99

9/26/99

Carisoprodol 350mg

40

 

Such conduct is in violation of Section 2925.23(B)(1) of the Ohio Revised Code.

 

(5)     Raymond Frederick Strahley, Jr. did, from on or about October 21, 1998, through November 29, 1999, knowingly make a false statement in a record required by Chapter 3719. or 4729. of the Revised Code, to wit: Raymond Frederick Strahley, Jr. knowingly made false entries in the pharmacy’s exempt narcotic log:

 

Rx No.

Issue Date

Drug

Quantity

None

10/21/1998

Phenylhistine DH

120

None

10/24/1998

Generic Novahistine 10mg/5ml

120

None

10/27/1998

Phenylhistine DH

120

None

11/04/1998

Generic Novahistine 10mg/5ml

120

None

12/04/1998

Generic Novahistine 10mg/5ml

120

None

12/14/1998

Generic Novahistine 10mg/5ml

120

None

12/28/1998

Generic Novahistine 10mg/5ml

120

None

01/02/1999

Phenylhistine DH

120

None

01/16/1999

Generic Novahistine 10mg/5ml

120

None

01/21/1999

Generic Novahistine 10mg/5ml

120

None

01/25/1999

Generic Novahistine 10mg/5ml

120

None

01/29/1999

Generic Novahistine 10mg/5ml

120

None

02/04/1999

Generic Novahistine 10mg/5ml

120

None

02/08/1999

Generic Novahistine 10mg/5ml

120

None

02/11/1999

Generic Novahistine 10mg/5ml

120

None

02/13/1999

Generic Novahistine 10mg/5ml

120

None

02/22/1999

Generic Novahistine 10mg/5ml

120

None

02/26/1999

Generic Novahistine 10mg/5ml

120

None

03/02/1999

Halotussin DAC

120

None

03/04/1999

Halotussin DAC

120

None

03/10/1999

Generic Novahistine 10mg/5ml

120

None

03/16/1999

Generic Novahistine 10mg/5ml

120

None

03/18/1999

Generic Novahistine 10mg/5ml

120

None

03/20/1999

Generic Novahistine 10mg/5ml

120

None

03/26/1999

Generic Novahistine 10mg/5ml

120

None

03/28/1999

Generic Novahistine 10mg/5ml

120

None

04/01/1999

Generic Novahistine 10mg/5ml

120

None

05/03/1999

Generic Novahistine 10mg/5ml

120

None

05/13/1999

Generic Novahistine 10mg/5ml

120

None

05/18/1999

Generic Novahistine 10mg/5ml

120

None

05/22/1999

Generic Novahistine 10mg/5ml

120

None

05/25/1999

Generic Novahistine 10mg/5ml

120

None

05/28/1999

Generic Novahistine 10mg/5ml

120

None

06/02/1999

Generic Novahistine 10mg/5ml

120

None

06/05/1999

Generic Novahistine 10mg/5ml

120

None

06/10/1999

Generic Novahistine 10mg/5ml

120

None

06/15/1999

Generic Novahistine 10mg/5ml

120

None

07/28/1999

Generic Novahistine 10mg/5ml

120

None

07/31/1999

Generic Novahistine 10mg/5ml

120

None

08/03/1999

Generic Novahistine 10mg/5ml

120

None

08/09/1999

Generic Novahistine 10mg/5ml

120

None

08/11/1999

Generic Novahistine 10mg/5ml

120

None

08/17/1999

Generic Novahistine 10mg/5ml

120

None

08/22/1999

Generic Novahistine 10mg/5ml

120

None

08/25/1999

Generic Novahistine 10mg/5ml

120

None

08/31/1999

Generic Novahistine 10mg/5ml

120

None

09/02/1999

Generic Novahistine 10mg/5ml

120

None

09/22/1999

Generic Novahistine 10mg/5ml

120

None

09/28/1999

Generic Novahistine 10mg/5ml

120

None

10/01/1999

Generic Novahistine 10mg/5ml

120

None

10/04/1999

Generic Novahistine 10mg/5ml

120

None

10/06/1999

Generic Novahistine 10mg/5ml

120

None

10/09/1999

Generic Novahistine 10mg/5ml

120

None

10/12/1999

Generic Novahistine 10mg/5ml

120

None

10/18/1999

Generic Novahistine 10mg/5ml

120

None

10/24/1999

Generic Novahistine 10mg/5ml

120

None

10/26/1999

Generic Novahistine 10mg/5ml

120

None

10/30/1999

Generic Novahistine 10mg/5ml

120

None

11/03/1999

Generic Novahistine 10mg/5ml

120

None

11/06/1999

Generic Novahistine 10mg/5ml

120

None

11/17/1999

Generic Novahistine 10mg/5ml

120

None

11/20/1999

Generic Novahistine 10mg/5ml

120

None

11/23/1999

Generic Novahistine 10mg/5ml

120

None

11/26/1999

Generic Novahistine 10mg/5ml

120

None

11/29/1999

Generic Novahistine 10mg/5ml

120

 

Such conduct is in violation of Section 2925.23(A) of the Ohio Revised Code.

 

(6)     Raymond Frederick Strahley, Jr. did, from on or about October 21, 1998, through November 29, 1999, with purpose to deprive the owner of property, knowingly obtain or exert control over property beyond the scope of the express or implied consent of the owner, Marc’s Pharmacy in Alliance, Ohio, to wit: Raymond Frederick Strahley, Jr. stole the following controlled substances from his employer:

 

Rx No.

Issue Date

Drug

Quantity

None

10/21/1998

Phenylhistine DH

120

None

10/24/1998

Generic Novahistine 10mg/5ml

120

None

10/27/1998

Phenylhistine DH

120

None

11/04/1998

Generic Novahistine 10mg/5ml

120

None

12/04/1998

Generic Novahistine 10mg/5ml

120

None

12/14/1998

Generic Novahistine 10mg/5ml

120

None

12/28/1998

Generic Novahistine 10mg/5ml

120

None

01/02/1999

Phenylhistine DH

120

None

01/16/1999

Generic Novahistine 10mg/5ml

120

None

01/21/1999

Generic Novahistine 10mg/5ml

120

None

01/25/1999

Generic Novahistine 10mg/5ml

120

None

01/29/1999

Generic Novahistine 10mg/5ml

120

None

02/04/1999

Generic Novahistine 10mg/5ml

120

None

02/08/1999

Generic Novahistine 10mg/5ml

120

None

02/11/1999

Generic Novahistine 10mg/5ml

120

None

02/13/1999

Generic Novahistine 10mg/5ml

120

None

02/22/1999

Generic Novahistine 10mg/5ml

120

None

02/26/1999

Generic Novahistine 10mg/5ml

120

None

03/02/1999

Halotussin DAC

120

None

03/04/1999

Halotussin DAC

120

None

03/10/1999

Generic Novahistine 10mg/5ml

120

None

03/16/1999

Generic Novahistine 10mg/5ml

120

None

03/18/1999

Generic Novahistine 10mg/5ml

120

None

03/20/1999

Generic Novahistine 10mg/5ml

120

None

03/26/1999

Generic Novahistine 10mg/5ml

120

None

03/28/1999

Generic Novahistine 10mg/5ml

120

None

04/01/1999

Generic Novahistine 10mg/5ml

120

None

05/03/1999

Generic Novahistine 10mg/5ml

120

None

05/13/1999

Generic Novahistine 10mg/5ml

120

None

05/18/1999

Generic Novahistine 10mg/5ml

120

None

05/22/1999

Generic Novahistine 10mg/5ml

120

None

05/25/1999

Generic Novahistine 10mg/5ml

120

None

05/28/1999

Generic Novahistine 10mg/5ml

120

None

06/02/1999

Generic Novahistine 10mg/5ml

120

None

06/05/1999

Generic Novahistine 10mg/5ml

120

None

06/10/1999

Generic Novahistine 10mg/5ml

120

None

06/15/1999

Generic Novahistine 10mg/5ml

120

None

07/28/1999

Generic Novahistine 10mg/5ml

120

None

07/31/1999

Generic Novahistine 10mg/5ml

120

None

08/03/1999

Generic Novahistine 10mg/5ml

120

None

08/09/1999

Generic Novahistine 10mg/5ml

120

None

08/11/1999

Generic Novahistine 10mg/5ml

120

None

08/17/1999

Generic Novahistine 10mg/5ml

120

None

08/22/1999

Generic Novahistine 10mg/5ml

120

None

08/25/1999

Generic Novahistine 10mg/5ml

120

None

08/31/1999

Generic Novahistine 10mg/5ml

120

None

09/02/1999

Generic Novahistine 10mg/5ml

120

None

09/22/1999

Generic Novahistine 10mg/5ml

120

None

09/28/1999

Generic Novahistine 10mg/5ml

120

None

10/01/1999

Generic Novahistine 10mg/5ml

120

None

10/04/1999

Generic Novahistine 10mg/5ml

120

None

10/06/1999

Generic Novahistine 10mg/5ml

120

None

10/09/1999

Generic Novahistine 10mg/5ml

120

None

10/12/1999

Generic Novahistine 10mg/5ml

120

None

10/18/1999

Generic Novahistine 10mg/5ml

120

None

10/24/1999

Generic Novahistine 10mg/5ml

120

None

10/26/1999

Generic Novahistine 10mg/5ml

120

None

10/30/1999

Generic Novahistine 10mg/5ml

120

None

11/03/1999

Generic Novahistine 10mg/5ml

120

None

11/06/1999

Generic Novahistine 10mg/5ml

120

None

11/17/1999

Generic Novahistine 10mg/5ml

120

None

11/20/1999

Generic Novahistine 10mg/5ml

120

None

11/23/1999

Generic Novahistine 10mg/5ml

120

None

11/26/1999

Generic Novahistine 10mg/5ml

120

None

11/29/1999

Generic Novahistine 10mg/5ml

120

 

Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

 

(7)     Raymond Frederick Strahley, Jr. did, on or about September 8, 1999, knowingly make a false statement in a prescription, order, or record required by Chapter 3719. or 4729. of the Revised Code, to wit: prescription number 279922 was written for patient #1 for 180ml of Dihistine DH 10mg/5ml with one refill; however, Raymond Frederick Strahley, Jr. changed this prescription to read 360ml Dihistine DH 10mg/5ml; and, Raymond Frederick Strahley, Jr. changed the patient name to his own.  Raymond Frederick Strahley, Jr. then changed the pharmacy dispensing system to reflect this falsification.  Such conduct is in violation of Section 2925.23(A) of the Ohio Revised Code.

 

(8)     Raymond Frederick Strahley, Jr. did, on or about April 2, 1999, knowingly make a false or forged prescription, to wit: Raymond Frederick Strahley, Jr. created prescription number 264511 for 180ml of generic Novahistine 10mg/5ml, a controlled substance, listing Dr. Nepomuceno as the prescribing physician.  Such conduct is in violation of Section 2925.23(B)(1) of the Ohio Revised Code.

 

(9)     Raymond Frederick Strahley, Jr. did, as Responsible Pharmacist, from on or about May 25, 1996, through November 29, 1999, fail to keep a record of all controlled substances received and a record of all controlled substances administered, dispensed, or used other than by prescription, to wit: an audit performed by State Board of Pharmacy agents revealed the following shortages:

 

Brand and Generics of Dimetane DC

Dimetane DC

120ml dispensed with an overage of 120ml

Bromanate DC

3,380ml dispensed with an overage of 1,140ml

Bromphen DC

0 dispensed with a shortage of 1,140ml

Combined

Shortage of 180ml

 

Brand and Generics of Novahistine DH

Novahistine DH

180ml dispensed with an overage of 180ml

Dihistine DH

71,130ml dispensed with an overage of 11,719ml

Phenhist DH

0ml dispensed with a shortage of 7,200ml

Phenylhistine DH

0ml dispensed with a shortage of 14,040ml

Combined

71,310ml dispensed with a shortage of 9,341ml

 

Generics of Robitussin AC

Guiatuss AC

13,355ml dispensed with an overage of 13,655ml

Halotussin AC

0ml dispensed with a shortage of 19,335ml

Combined

13,355ml dispensed with a shortage of 5,680ml

 

Brand and Generic Robitussin DAC

Robitussin DAC

540ml dispensed with a shortage of 120ml

Guiatussin DAC

8,022ml dispensed with a shortage of 1,648ml

Halotussin DAC

0ml dispensed with a shortage of 480ml

Combined

8,562ml dispensed with a shortage of 2,248ml

 

Brand and Generic Hycotuss Syrup and Vicodin Tuss

Hycotuss Syrup & Vicodin Tuss

360ml dispensed with an overage of 330ml

Cotuss V

2,070ml dispensed with an overage of 2,070ml

Hycosin

2,810ml dispensed with an overage of 1,430ml

Hydrocodone GF

0ml dispensed with a shortage of 1,920ml

Hydrocodone Guaifen

900ml dispensed with a shortage of 60ml

Combined

6,140ml dispensed with a shortage of 70ml

 

Generic Poly Histine CS

Polytine CS

1,890ml dispensed with an overage of 870ml

Trihist CS

0ml dispensed with a shortage of 960ml

Combined

1,890ml dispensed with a shortage of 90ml

 

Hydrocodone Products

Hydrocodone/Apap 5/500mg

18,531 tablets missing

Hydrocodone/Apap 7.5/750mg

292 tablets missing

Tussigon 5mg

75 tablets missing

Hycodan 5mg

20 tablets missing

 

Other Dangerous Drugs

Carisoprodol 350mg

8,905 tablets missing

 

Such conduct is in violation of Section 3719.07 of the Ohio Revised Code and/or Rule 4729-5-27 of the Ohio Administrative Code.

 

(1)     Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraphs (3) through (8) of the Findings of Fact constitutes being guilty of a felony and gross immorality as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code.

 

(2)     Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraphs (2) through (9) of the Findings of Fact constitute being guilty of dishonesty and unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code.

 

(3)     Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraph (2) of the Findings of Fact constitutes being addicted to or abusing liquor or drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy as provided in Division (A)(3) of Section 4729.16 of the Ohio Revised Code.

 

(4)     Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraphs (3) through (5) and (7) through (9) of the Findings of Fact constitute being guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapter 2925. or  3719. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

 

ACTION OF THE BOARD

 

(A)     Raymond Frederick Strahley, Jr., pursuant to Rule 4729-9-01(F) of the Ohio Administrative Code, may not be employed by or work in a facility licensed by the State Board of Pharmacy to possess or distribute dangerous drugs during such period of suspension.

 

(B)     Raymond Frederick Strahley, Jr., pursuant to Section 4729.16(B) of the Ohio Revised Code, must return the identification card and license (wall certificate) to the office of the State Board of Pharmacy within ten days after receipt of this Order unless the Board office is already in possession of both.  The identification card and wall certificate should be sent by certified mail, return receipt requested.

 

(A)     Raymond Frederick Strahley, Jr. must enter into a contract, signed within ninety days after the effective date of this Order, with an Ohio Department of Alcohol and Drug Addiction Services (ODADAS) treatment provider or a treatment provider acceptable to the Board for a period of not less than five years.  The contract must provide that:

 

(1)     Random, observed urine drug screens shall be conducted at least once each month.

 

(a)     The urine sample must be given within twelve hours of notification.  The urine screen must include testing for creatinine or specific gravity of the sample as the dilutional standard.

 

(b)     Carisoprodol and Alcohol must be added to the standard urine drug screen.  A Breathalyzer may be used to test for alcohol, but the test must be conducted by an appropriately certified individual within twelve hours of notification.

 

(c)     Results of all drug and alcohol screens must be negative.  Any positive results, including those which may have resulted from ingestion of food, but excluding false positives which resulted from medication legitimately prescribed, indicates a violation of the contract.

 

(2)     Attendance is required a minimum of three times per week at an Alcoholics Anonymous, Narcotics Anonymous, and/or similar support group meeting.

 

(3)     The program shall immediately report to the Board any violations of the contract and/or lack of cooperation.

 

(B)     Raymond Frederick Strahley, Jr. must provide, at the reinstatement petition hearing, documentation of the following:

 

(1)     Compliance with the contract required above (e.g.-proof of giving the sample within twelve hours of notification, and copies of all drug and alcohol screen reports, meeting attendance records, treatment program reports, etc.);

 

(2)     Compliance with the continuing pharmacy education requirements as set forth in Chapter 4729-7 of the Ohio Administrative Code (if applicable);

 

(3)     Compliance with the terms of this Order.

 

(C)     If reinstatement is not accomplished within three years of the effective date of this Order, Raymond Frederick Strahley, Jr. must successfully complete the NAPLEX examination or an equivalent examination approved by the Board.

 

 

The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).

  7:07 p.m.

RES. 2001-012   Ms. Eastman moved that the Board adopt the following Order in the matter of Jennifer Boss:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-000530-059)

 

In The Matter Of:

 

JENNIFER DIANE BOSS

2993 LaRue Prospect Road West

Marion, Ohio 43302

(D.O.B. 04/02/1980)

 

INTRODUCTION

 

THE MATTER OF JENNIFER DIANE BOSS CAME TO HEARING ON AUGUST 7, 2000, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: SUZANNE L. NEUBER, R.Ph. (presiding); ANN D. ABELE, R.Ph.; DIANE C. ADELMAN, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; LAWRENCE J. KOST, R.Ph.; AMONTE B. LITTLEJOHN, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

 

JENNIFER DIANE BOSS WAS NOT REPRESENTED BY COUNSEL, AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

SUMMARY OF EVIDENCE

 

(A)     Testimony

 

State's Witnesses:

 

(1)     Jennifer Diane Boss, Respondent

(2)     Susan E. Perry, R.Ph., Mt. Gilead, Ohio

 

Respondent's Witnesses:

 

(1)     None

 

(B)     Exhibits

 

State's Exhibits:

 

(1)     Exhibit 1--Copy of three-page Notice of Opportunity for Hearing letter dated May 30, 2000.

(2)     Exhibit 1A--Hearing Request letter, not dated, received in the Board office on June 8, 2000.

(3)     Exhibit 1B--Hearing Schedule letter dated June 15, 2000.

(4)     Exhibit 2--Copy of Ohio State Board of Pharmacy Application for Pharmacy Intern Registration of Jennifer Diane Boss signed and notarized on January 26, 2000, with the following attachments: explanation regarding Section No. 5 of the application; and two-page copy of Judgment Entry in the Marion Municipal Court, Marion, Ohio, State of Ohio, City of Marion v. Jennifer Boss, Case No. 99CRB0 2276-14 dated August 31, 1999.

(5)     Exhibit 3--Copy of Marion City P.D. Ohio Uniform Incident Report, No. 99-20134, incident date of August 24, 1999, with attachments as follows: copy of Suspect/Arrestee Supplement, Narrative Supplement, and Incident Report-Part 2 regarding Jennifer D. Boss.

(6)     Exhibit 4--Ohio State Board of Pharmacy handwritten, notarized statement of Jennifer Diane Boss, Case No. 00-1177, dated February 29, 2000.

 

Respondent's Exhibits:

 

(1)     None

 

FINDINGS OF FACT

 

After having heard the testimony, observed the demeanor of the witnesses, considered the evidence, and weighed the credibility of each, the State Board of Pharmacy finds the following to be fact:

 

(1)     Records of the State Board of Pharmacy indicate that Jennifer Diane Boss applied to the Board for registration as an intern in the state of Ohio on February 20, 2000.

 

(2)     Jennifer Diane Boss did, on or about January 26, 2000, knowingly make a false statement, or knowingly swear or affirm the truth of a false statement, to wit: Jennifer Diane Boss submitted an Application for Pharmacy Intern Registration stating that she "had never been charged or convicted of a felony or misdemeanor...except for the violations reported in the attachments to this application."  Jennifer Diane Boss’ explanation to the Board for misconduct occurring on August 24, 1999, was that she was "attending a social gathering of friends at which alcohol was being served;" but in fact she was stopped by a police officer for a traffic violation and was found to have consumed alcohol while under age 21.  Such conduct is in violation of Section 2921.13 of the Ohio Revised Code.

 

(3)     Jennifer Diane Boss did, on or about August 24, 1999, consume an alcoholic beverage, to wit: Jennifer Diane Boss consumed beer while under the legal age of consumption; and, Jennifer Diane Boss admitted to a Board of Pharmacy agent that she consumes alcohol not because she likes it but because of peers in social settings.  State of Ohio v. Jennifer Boss, Marion Municipal Court Case No. 99CRB0 2276-14 dated August 31, 1999.  Such conduct is in violation of Section 4301.632 of the Ohio Revised Code.

 

CONCLUSION OF LAW

 

(1)     Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraphs (2) and (3) of the Findings of Fact constitute not being of good moral character and habits as provided in paragraph (C) of Rule 4729-5-04 of the Ohio Administrative Code.

 

ACTION OF THE BOARD

 

(A)     Jennifer Diane Boss’ identification card will be placed on probation for the duration of her intern license, effective upon issuance.  The terms of probation are as follows:

 

(1)     Jennifer Diane Boss must provide each and every employer and/or preceptor a copy of this Order.

 

(2)     Jennifer Diane Boss must not violate the drug laws of the state of Ohio, any other state, or the federal government.

 

(3)     Jennifer Diane Boss must abide by the rules of the Ohio State Board of Pharmacy.

 

(4)     Jennifer Diane Boss must comply with the terms of this Order.

 

(B)     The Board may at any time revoke probation for cause, modify the conditions of probation, and reduce or extend the period of probation.  At any time during this period of probation, the Board may revoke probation for a violation occurring during the probation period.

 

 

The motion was seconded by Ms. Abele and approved by the Board (Aye-8/Nay-0).

 

Mr. Giacalone moved that the Board instruct Board staff to issue the Order and pocket identification card to Ms. Boss as soon as possible instead of waiting until the September meeting for the normal Board review of the Order prior to its issuance.  The motion was seconded by Mr. Kost and approved by the Board (Aye-6/Nay-2).

  7:10 p.m.

RES. 2001-013   Ms. Abele moved that the Board adopt the following Order in the matter of Raleigh L. Smith:

 

SUMMARY OF EVIDENCE

 

(A)     Testimony

 

State's Witnesses:

 

(1)     Kevin Joseph Kinneer, Ohio State Board of Pharmacy

 

Respondent's Witnesses:

 

(1)     Dr. Jerome Driesen, M.D., Powell, Ohio

(2)     Charles Broussard, R.Ph., Pharmacists Rehabilitation Organization, Inc.

(3)     Wayne Miller, R.Ph., Pharmacists Rehabilitation Organization, Inc.

(4)     Steven Harris, R.Ph., Pharmacists Rehabilitation Organization, Inc.

(5)     Raleigh L. Smith, R.Ph., Respondent

(6)     Donita Smith, Wife of Respondent

 

(B)     Exhibits

 

State's Exhibits:

 

(1)     Exhibit 1--Copy of four-page Summary Suspension Order/Notice of Opportunity for Hearing letter dated September 8, 1999.

(2)     Exhibit 1A--Hearing Request letter dated September 28, 1999.

(3)     Exhibit 1B--Copy of Hearing Schedule letter dated September 30, 1999.

(4)     Exhibit 1C--Continuance Request letter dated October 11, 1999.

(5)     Exhibit 1D--Copy of Hearing Schedule letter dated October 13, 1999.

(6)     Exhibit 1E--Copy of Hearing Schedule letter dated October 15, 1999.

(7)     Exhibit 1F--Copy of Hearing Schedule letter dated February 10, 2000.

(8)     Exhibit 1G--Copy of Hearing Schedule letter dated February 18, 2000.

(9)     Exhibit 1H--Continuance Request letter dated February 23, 2000.

(10)   Exhibit 1I--Copy of Hearing Schedule letter dated March 1, 2000.

(11)   Exhibit 1J--Copy of Pharmacist File Front Sheet of Raleigh L. Smith showing original date of registration as July 30, 1974; and two-page copy of Renewal Application For Pharmacist License, No. 03-1-10859, for a license to practice pharmacy in Ohio from September 15, 1998, to September 15, 1999, signed and dated July 28, 1998.

(12)   Exhibit 1K--Copy of Hearing Schedule letter dated June 26, 2000.

(13)   Exhibit 2--Copy of two-page handwritten statement of Raleigh L. Smith signed and notarized on August 16, 1999.

(14)   Exhibit 3--Empty 16oz Stock Bottle of Fentuss Expectorant, NDC No. 55053-432-16, Lot No. S0119, Expiration Date January, 2001.

(15)   Exhibit 4--16 oz stock bottle, approximately two-thirds full, of Hydrocodone Bitartrate and Guaifenesin, NDC No. 58177-881-07, Lot No. L17962, Expiration date April, 2001.

(16)   Exhibit 5--Small amber vial, not labeled, containing four tablets of generic Lorcet 10.

(17)   Exhibit 6--Large amber vial, not labeled, containing four tablets of generic Vicodin HP.

(18)   Exhibit 7--Wal-Mart Audit for the time period of May 1, 1999, to August 5, 1999, performed by Matt Frederick for the following drugs: Fentuss Expectorant, Hydrocodone Bitartrate and Guaifenesin, Codiclear DH, Generic Vicodin, Generic Lorcet Plus, Generic Lortab 10, Generic Lorcet 10, and Generic Vicodin HP.

(19)   Exhibit 8--Copy of two-page Indictment in the Court of Common Pleas of Marion County, Ohio, The State of Ohio v. Raleigh L. Smith aka “Butch”, Case No. 99-CR-0227 dated September 8, 1999.

(20)   Exhibit 9--Copy of two-page Request for Treatment in Lieu of Conviction in the Court of Common Pleas of Marion County, Ohio, State of Ohio v. Raleigh L. Smith, Case No. 99-CR-00227 dated September 22, 1999.

(21)   Exhibit 10--Copy of Indictment in the Court of Common Pleas of Marion County, Ohio, The State of Ohio v. Raleigh L. Smith aka “Butch”, Case No. 00-CR-0046 dated February 24, 2000.

(22)   Exhibit 11--Copy of six-page Judgment Entry of Sentencing in the Court of Common Pleas of Marion County, Ohio, State of Ohio v. Raleigh L. Smith aka Butch, Case No. 00-CR-046 file-stamped June 9, 2000.

(23)   Exhibit 12--Two-page letter from Rhonda G. Burggraf dated June 29, 2000, and the following attachments: Copy of Ohio State Board of Pharmacy Form No. PHA-0004 regarding Raleigh “Butch” Smith, Case No. 00-CR-0046, and certified copy of six-page Judgment Entry of Sentencing in the Court of Common Pleas of Marion County, Ohio, State of Ohio v. Raleigh L. Smith aka Butch, Case No. 00-CR-046 dated June 9, 2000.

 

Respondent's Exhibits:

 

(1)     Exhibit 1--Personal Data of Raleigh L. Smith.

(2)     Exhibit 2--Copy of two-page Pharmacist’s Recovery Contract of Raleigh Smith dated September 12, 1999.

(3)     Exhibit 3--Copy of Harding Addiction Recovery Center Continuing Care Treatment Agreement of Raleigh Smith dated September 14, 1999.

(4)     Exhibit 4--Copy of Harding Hospital Chart of Raleigh Smith consisting of 107 pages dated from August 24, 1999, through September 14, 1999.

(5)     Exhibit 5--Two letters from Gayle L. Diehl dated February 28, 2000,  and July 31, 2000.

(6)     Exhibit 6--Copy of two letters from Gayle L. Diehl dated December 28, 1999, and June 22, 2000; copy of letter from Patricia Kijewski dated April 5, 2000; and copy of letter from Stephen D. Harris dated July 18, 2000.

(7)     Exhibit 7--Copies of twenty-four pages of urine drug screens and/or related information regarding Raleigh Smith dated from August 25, 1999, through July 9, 2000.

(8)     Exhibit 8--Affidavit of Jerome Driesen, M.D. signed and notarized on July 27, 2000.

(9)     Exhibit 9--Copies of eleven pages of Meeting Attendance Verification sheets of Raleigh L. Smith dated from August 31, 1999, through January 31, 2000; and nine pages of Meeting Attendance Verification sheets of Raleigh L. Smith dated from February 1, 2000, through July 31, 2000.

(10)   Exhibit 10--Two Certificates of Appreciation of Raleigh Smith dated December 31, 1999, and April 28, 2000; page 6 of the Prospective, not dated; page 1 of the Prospective, Volume 4, Issue 3, dated July, 2000; Page 3 of Volume 4, Issue 3; page of the Prospective, dated Summer 2000; and copy of Presby Press, May, 2000.

(11)   Exhibit 11--“The Pre-Impaired and Impaired Physician” Certificate of Attendance of Raleigh Smith dated April 7, 2000; and copies of 17 pages of continuing education program attendance verifications dated from January 16, 2000, through June 23, 2000.

(12)   Exhibit 12--Letter from Gerggory (sic) P. Musson dated July 24, 2000.

(13)   Exhibit 13--Two-page letter from Lesley, not dated; two-page letter from Donita K. Smith dated July 17, 2000; two-page letter from Pat K. and Nancy K. Eaves dated July 27, 2000; and two-page letter from Jeffrey L. Smith dated August 1, 2000.

(14)   Exhibit 14--Letter from Susan E. Perry dated July 6, 2000, and letter from Carol E. Grant, not dated.

(15)   Exhibit 15--Letter from Jerome E. Driesen dated July 27, 2000; letter form Stephen D. Harris dated February 20, 2000; letter from Richard A. Kryc dated February 15, 2000; letter from Todd R. Jaros dated July 6, 2000; letter from Tracey Merrin dated August 2, 2000; letter from Gerald W. Reed dated July 31, 2000; and letter from Mary B. dated July 3, 2000.

 

(1)     Records of the State Board of Pharmacy indicate that Raleigh L. Smith was originally licensed in the state of Ohio on July 30, 1974, pursuant to examination.  On September 8, 1999, Raleigh L. Smith’s license was summarily suspended in accordance with Section 3719.121(B) of the Ohio Revised Code.  Records further indicate that Raleigh L. Smith was, during the relevant time periods, the Responsible Pharmacist at Wal-Mart Pharmacy #10-1750 pursuant to Rule 4729-5-11 of the Ohio Administrative Code and Sections 4729.27 and 4729.55 of the Ohio Revised Code.

 

(2)     Raleigh L. Smith is addicted to liquor or drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy, to wit: Raleigh L. Smith has admitted stealing drugs from his employer; Raleigh L. Smith has consumed drugs while practicing pharmacy; Raleigh L. Smith drank from stock bottles, returning them to the shelf for future use when dispensing; Raleigh L. Smith admitted that he consumed up to 10 ounces of hydrocodone-based syrup and up to 10 tablets of hydrocodone medications each day; Raleigh L. Smith admitted that he began to abuse hydrocodone medications to cope with day to day pressures; and Raleigh L. Smith has had an addiction problem since 1992.  Such conduct indicates that Raleigh L. Smith falls within the ambit of Sections 3719.121(A), 3719.121(B), and 4729.16(A)(3) of the Ohio Revised Code.

 

(3)     Raleigh L. Smith did, from May 1, 1999, through August 5, 1999, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Wal-Mart Pharmacy #10-1750, beyond the express or implied consent of the owner and/or by deception, to wit: Raleigh L. Smith stole the following controlled substances from his employer:

 

Drug

 

Quantity

 

C.S. Schedule

Fentuss Expectorant

 

10,385cc

 

III

Hydrocodone Bit and Guaifenesin

 

16,474cc

 

III

Codiclear DH

 

240cc

 

III

Vicodin (generic)

 

137  

 

III

Lorcet Plus (generic)

 

500  

 

III

Lortab 10 (generic)

 

448  

 

III

Lorcet 10 (generic)

 

611  

 

III

Vicodin HP (generic)

 

171  

 

III

 

Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

 

(1)     Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraph (3) of the Findings of Fact constitutes being guilty of a felony and gross immorality as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code.

 

(2)     Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraphs (2) and (3) of the Findings of Fact constitute being guilty of dishonesty and unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code.

 

(3)     Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraph (2) of the Findings of Fact constitutes being addicted to or abusing liquor or drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy as provided in Division (A)(3) of Section 4729.16 of the Ohio Revised Code.

 

(A)     Raleigh L. Smith, pursuant to Rule 4729-9-01(F) of the Ohio Administrative Code, may not be employed by or work in a facility licensed by the State Board of Pharmacy to possess or distribute dangerous drugs during such period of suspension.

 

(B)     Raleigh L. Smith, pursuant to Section 4729.16(B) of the Ohio Revised Code, must return the identification card and license  (wall certificate) to the office of the State Board of Pharmacy within ten days after receipt of this Order unless the Board office is already in possession of both.  The identification card and wall certificate should be sent by certified mail, return receipt requested.

 

(A)     Raleigh L. Smith must enter into a contract, signed within ninety days after the effective date of this Order, with an Ohio Department of Alcohol and Drug Addiction Services (ODADAS) treatment provider or a treatment provider acceptable to the Board for a period of not less than five years.  The contract must provide that:

 

(1)     Random, observed urine drug screens shall be conducted at least once each month.

 

(a)     The urine sample must be given within twelve hours of notification.  The urine screen must include testing for creatinine or specific gravity of the sample as the dilutional standard.

 

(b)     Results of all drug screens must be negative.  Any positive results, including those which may have resulted from ingestion of food, but excluding false positives which resulted from medication legitimately prescribed, indicates a violation of the contract.

 

(2)     Attendance is required, a minimum of three times per week at an Alcoholics Anonymous, Narcotics Anonymous, and/or similar support group meeting.

 

(3)     The program shall immediately report to the Ohio Board of Pharmacy any violations of the contract and/or lack of cooperation.

 

(B)     Raleigh L. Smith must provide, at the reinstatement petition hearing, documentation of the following:

 

(1)     Compliance with the “Judgment Entry of Sentencing” in the Court of Common Pleas of Marion County, Ohio, State of Ohio v. Raleigh L. Smith aka Butch, Case No. 00-CR-046 dated June 9, 1999;

 

(2)     Proof of restitution to Wal-Mart Pharmacy;

 

(3)     Compliance with the contract required above (e.g.-proof of giving sample within 12 hours of notification and copies of all drug screen reports, meeting attendance records, treatment program reports, etc.);

 

(4)     Compliance with the continuing pharmacy education requirements as set forth in Chapter 4729-7 of the Ohio Administrative Code (if applicable); and

 

(5)     Compliance with the terms of this Order.

 

(C)     If reinstatement is not accomplished within three years of the effective date of this Order, Raleigh L. Smith must successfully complete the NAPLEX examination or an equivalent examination approved by the Board.

 

 

The motion was seconded by Ms. Eastman and approved by the Board (Aye-4/Nay-3/Abstain-1[Littlejohn]).

  7:12 p.m.

The Board meeting was recessed until Tuesday, August 8, 2000.

 

 


TUESDAY, august 8, 2000

 

  8:20 a.m.      ROLL CALL

 

The State Board of Pharmacy convened in Room 1914, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with the following members present:

 

Suzanne L. Neuber, R.Ph. (President); Diane C. Adelman, R.Ph. (Vice-President); Ann D. Abele, R.Ph.; Robert P. Giacalone, R.Ph.; Lawrence J. Kost, R.Ph.; Amonte B. Littlejohn, R.Ph.; and James E. Turner, R.Ph.

 

The Board was joined by Mr. Winsley, Mr. Benedict, Mr. Rowland, Ms. Steuk, William McMillen, Licensing Administrator, and Robert Cole, Compliance Supervisor.

  8:23 a.m.

Ms. Abele moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code and for the purpose of conferring with an attorney for the Board regarding pending or imminent court action pursuant to Section 121.22(G)(3) of the Revised Code.  The motion was seconded by Mrs. Adelman and a roll call vote was conducted by President Neuber as follows: Abele-Yes, Adelman-Yes, Giacalone-Yes, Kost-Yes, Littlejohn-Yes, and Turner-Yes.

  9:04 a.m.

The Executive Session ended and the Board meeting resumed in Public Session.

 

Mr. McMillen distributed the Licensing Report to the Board for their review.  Following discussion, there were no items requiring official action by the Board.

 

RES. 2001-014   Mr. Rowland reported that the Board had received a letter from Seaport Chemical and Supply Company stating their intent to withdraw their application for a distributor’s license.  The Board had previously proposed to deny this application and had granted a continuance in the hearing in this matter during its June, 2000 meeting.  The withdrawal of the application effectively terminated all proceedings in this matter.

  9:11 a.m.

RES. 2001-015   Ms. Abele moved that the Board deny the proposal for a settlement received in the matter of Garnet Anderson.  The motion was seconded by Mr. Littlejohn and approved by the Board (Aye-6/Nay-0).

  9:12 a.m.

The Board took a brief recess.

  9:41 a.m.

The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of presenting for adjudication, in accordance with Ohio Revised Code Chapters 119. and 4729., the matter of Ronald H. Elmore, R.Ph.  Mr. Elmore did not request a hearing and was not present.

10:40 a.m.

The record was closed.  Ms. Abele moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code.  The motion was seconded by Mr. Turner and a roll call vote was conducted by President Neuber as follows: Abele-Yes, Adelman-Yes, Giacalone-Yes, Kost-Yes, Littlejohn-Yes, and Turner-Yes.

10:45 a.m.

RES. 2001-016   The Executive Session ended and the meeting was opened to the public.  Ms. Abele moved that the Board adopt the following Order in the matter of Ronald H. Elmore, R.Ph.:

 

(A)     Testimony

 

State's Witnesses:

 

(1)     Lynn Mudra, Ohio State Board of Pharmacy

(2)     James Reye, Ohio State Board of Pharmacy

 

Respondent's Witnesses:

 

(1)     None

 

(B)     Exhibits

 

State's Exhibits:

 

(1)     Exhibit 1--Four-page Notice of Opportunity letter dated February 18, 2000, with envelope showing attempted deliveries and stating “Return to Sender.”

(2)     Exhibit 1A--Memorandum to David Rowland from Agent Mudra dated April 12, 2000.

(3)     Exhibit 1B--Notarized Certification of Publication from The Plain Dealer Publishing Company dated May 25, 2000, for article regarding Ronald Elmore published in The Plain Dealer on April 28, 2000; May 5, 2000; and May 12, 2000.

(4)     Exhibit 1C--Copy of Pharmacist File Front Sheet of Ronald H. Elmore showing original date of registration as June 26, 1990; and two-page copy of Renewal Application for Pharmacist License, No. 03-2-18518, for a license to practice pharmacy in Ohio from September 15, 1999, to September 15, 2000 dated August 1, 1999.

(5)     Exhibit 1D--The Plain Dealer, Cleveland, edition for Friday, April 28, 2000; and envelope for attempted delivery to Ronald H. Elmore stating “Return to Sender, Attempted-Unknown”.

(6)     Exhibit 2--Copy of Arrest Warrant, Commonwealth of Virginia v. Ronald Hayse Elmore, Case No. 8737-00; copy of three-page Williamsburg Police Department Arrest Report in the matter of Ronald H. Elmore dated May 19, 1995; copy of Waiver of Preliminary Hearing signed by Hayse Elmore (sic Ronald H. Elmore) dated July 13, 1995; copy of Indictment No. 8737-00 for Ronald Hayse Elmore, dated September 11, 1995, issued by Virginia: In The Circuit Court for the City of Williamsburg and County of James City; copy of two-page Arraignment and Plea issued by Virginia: In The Circuit Court for the City of Williamsburg and County of James City, Commonwealth v. Ronald Hayse Elmore, Case No. 8737-00, dated October 11, 1995; and copy of three-page Motion for Re-Hearing and Sentencing issued by Virginia: In The Circuit Court for the City of Williamsburg and County of James City, Commonwealth v. Ronald Hayse Elmore, Case No. 8737-00, dated February 21, 1996.

(7)     Exhibit 2A--Memo to Sally A. Steuk from Frank Brookman dated February 10, 2000.

(8)     Exhibit 3--Two-page copy of Renewal Application for Pharmacist License, No. 03-2-18518, for a license to practice pharmacy in Ohio from September 15, 1995, to September 15, 1996 of Ronald H. Elmore dated June 3, 1995.

(9)     Exhibit 4--Two-page copy of Renewal Application for Pharmacist License, No. 03-2-18518, for a license to practice pharmacy in Ohio from September 15, 1996, to September 15, 1997, of Ronald H. Elmore dated October 28, 1996.

(10)   Exhibit 5--Two-page copy of Renewal Application for Pharmacist License, No. 03-2-18518, for a license to practice pharmacy in Ohio from September 15, 1998, to September 15, 1999, of Ronald H. Elmore dated April 5, 1999.

(11)   Exhibit 6--Copy of two-page letter from Cathy M. Reiniers-Day dated October 10, 1998.

(12)   Exhibit 6A--Copy of four-page letter, titled, “Amended Notice of Informal Conference,” from Cathy M. Reiniers-Day dated June 17, 1997.

(13)   Exhibit 7--Copy of five-page Notice of Hearing before the Virginia Board of Pharmacy, In Re: Ronald H. Elmore, Pharmacist dated October 15, 1997.

(14)   Exhibit 8--Copy of six-page Order before the Virginia Board of Pharmacy, In Re: Ronald H. Elmore, Pharmacist dated December 23, 1997.

(15)   Exhibit 9--Copy of five-page Notice of Hearing before the Virginia Board of Pharmacy, In Re: Ronald H. Elmore, Pharmacist dated January 29, 1999.

(16)   Exhibit 10--Copy of five-page Order before the Virginia Board of Pharmacy, In Re: Ronald H. Elmore, Pharmacist dated April 29, 1999.

(17)   Exhibit 11--Two-page copy of Rite Aid Corporation Application for Employment of Ronald Elmore dated May 28, 1999.

(18)   Exhibit 12--Copy of prescription number 03041 93580.

(19)   Exhibit 13--Copy of prescription number 03041 93582.

(20)   Exhibit 14--Copy of prescription number 03041 94104.

(21)   Exhibit 15--Copy of three-page Dangerous Drug Distributor Inspection Report of Rite Aid  Discount Pharmacy #3041 dated June 9, 1999.

(22)   Exhibit 16--Copy of handwritten statement of Ronald Elmore signed and notarized on June 9, 1999.

 

Respondent's Exhibits:

 

(1)     None

 

(1)     On February 18, 2000, Ronald H. Elmore was notified by letter of his right to a hearing, his rights in such hearing, and his right to submit his contentions in writing.

 

(2)     As demonstrated by the returned letter, Ronald H. Elmore did not receive the letter of February 18, 2000, informing him of the allegations against him, and his rights.

 

(3)     After attempts had failed to personally deliver the letter, the State Board of Pharmacy published the charges against Ronald H. Elmore.  The charges in the letter of February 18, 2000, were published in The Plain Dealer, Cleveland, Ohio, on April 25, 2000; May 5, 2000; and again on May 12, 2000; in accordance with Section 119.07 of the Ohio Revised Code.

 

(4)     Ronald H. Elmore has not responded in any manner to the letter of February 18, 2000, and has not requested a hearing in this matter.

 

(5)     Records of the State Board of Pharmacy indicate that Ronald H. Elmore was originally licensed in the state of Ohio on June 26, 1990, pursuant to reciprocity, and is currently licensed to practice pharmacy in the state of Ohio.

 

(6)     Ronald H. Elmore did, prior to May 19, 1995, with purpose to deprive, knowingly obtain or exert control over the property of another, CVS Pharmacy #1550, beyond the express or implied consent of the owner, to wit: Ronald H. Elmore stole items valued at one thousand four hundred dollars ($1,400.00).  Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

 

(7)     Ronald H. Elmore did, on or about October 11, 1995, plead guilty to grand larceny/embezzlement, a felony.  Commonwealth vs. Ronald Hayse Elmore, Case No. 8737-00, Virginia: Circuit Court of Williamsburg and County of James City.  Thereafter, upon a Motion to Re-Hear, Ronald H. Elmore was found guilty of petit larceny, a misdemeanor, on February 21, 1996,

 

(8)     Ronald H. Elmore did, on or about June 3, 1995, knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when the statement was made with purpose to secure the issuance by a governmental agency of a license or registration, to wit: on his 1996 Renewal Application For Pharmacist License, Ronald H. Elmore declared that “within the past 18 months” there were no “charges pending” against him when fourteen (14) days earlier, on May 19, 1995, Ronald H. Elmore had been arrested for grand larceny/embezzlement.  Such conduct is in violation of Section  2921.13 of the Ohio Revised Code.

 

(9)     Ronald H. Elmore did, on or about October 28, 1996, knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when the statement was made with purpose to secure the issuance by a governmental agency of a license or registration, to wit: on his 1997 Renewal Application For Pharmacist License, Ronald H. Elmore declared that “within the past 18 months” he had not been “convicted of a felony or a misdemeanor other than a minor traffic violation (even if expunged or sealed)” when Ronald H. Elmore had plead guilty to a felony on October 11, 1995 and thereafter plead to a reduced misdemeanor on February 21, 1996.  Further, Ronald H. Elmore stated that his primary place of employment had not changed since the previous renewal, yet he had been hired and subsequently fired by several different pharmacy employers in that time period.  Such conduct is in violation of Section 2921.13 of the Ohio Revised Code.

 

(10)   Ronald H. Elmore did, on or about April 5, 1999, knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when the statement was made with purpose to secure the issuance by a governmental agency of a license or registration, to wit: on his 1999 Renewal Application For Pharmacist License, Ronald H. Elmore declared that “within the past 18 months” he had not “been the subject of disciplinary action by any state or federal agency” when on December 27, 1997, an Order had been issued against Ronald H. Elmore by the Virginia Board of Pharmacy.  Further, Ronald H. Elmore stated that his primary place of employment had not changed since the previous renewal, yet he had been hired and subsequently fired by several different pharmacy employers in that time period.  Such conduct is in violation of Section 2921.13 of the Ohio Revised Code.

 

(11)   On or about December 23, 1997, Ronald H. Elmore’s license to practice pharmacy in the Commonwealth of Virginia was placed on probation due to embezzlement from CVS/pharmacy, dispensing errors, falsifying applications for employment, and termination from employment.  On or about April 29, 1999, Ronald H. Elmore’s Virginia license was suspended for violating the terms of his probation. 

 

(12)   Ronald H. Elmore did, on or about May 28, 1999, knowingly make a false statement when the statement was in writing and is made with purpose to induce another to employ him, to wit: when applying for a job as a pharmacist with Rite Aid, Ronald H. Elmore stated that he had never worked under or used a different name.  In fact, Ronald H. Elmore was using the name “Elmore Hayes” when practicing pharmacy at CVS and arrested by the Williamsburg, Virginia Police Department.  Further, when asked if he had been dismissed or forced to resign from any employment, Ronald H. Elmore answered “no” on the Rite Aid employment application when in fact he had been fired several times.  Such conduct is in violation of Section 2921.13 of the Ohio Revised Code.

 

(13)   Ronald H. Elmore did, on or about the following dates, dispense a drug pursuant to an original prescription but failed to manually record his name or initials on the original prescription, to wit: Ronald H. Elmore failed to manually sign or initial the following prescriptions when practicing pharmacy at Rite Aid Discount Pharmacy, 28600 Chagrin Rd., Woodmere, Ohio:

 

Rx No.

 

Date

 

Drug

03041 93580

 

6/1/99

 

Ambien 10mg

03041 93582

 

6/1/99

 

Fiorinal with Codeine #3

03041 94104

 

6/7/99

 

Vicodin ES

 

Such conduct is in violation of Rule 4729-5-27(B) of the Ohio Administrative Code.

 

(14)   Ronald H. Elmore did, on or before June 9, 1999, without privilege to do so and with purpose to prevent, obstruct, or delay the performance by a public official of any authorized act within his official capacity, hamper or impede a public official in the performance of his lawful duties, to wit: Ronald H. Elmore provided false information to Board investigators who were attempting to verify information on his renewal applications for pharmacist license.  Such conduct is in violation of Section 2921.31 of the Ohio Revised Code.

 

(1)     Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraphs (6) through (14) of the Findings of Fact constitute being guilty of gross immorality as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code.

 

(2)     Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraphs (7) through (14) of the Findings of Fact constitute being guilty of dishonesty and unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code.

 

(3)     Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraph (7) of the Findings of Fact constitutes being convicted of a misdemeanor related to, or committed in, the practice of pharmacy as provided in Division (A)(4) of Section 4729.16 of the Ohio Revised Code.

 

(A)     On the basis of the Findings of Fact and paragraph (1) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes the pharmacist identification card, No. 03-2-18518, held by Ronald H. Elmore effective as of the date of the mailing of this Order.

 

(B)     On the basis of the Findings of Fact and paragraph (2) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes the pharmacist identification card, No. 03-2-18518, held by Ronald H. Elmore effective as of the date of the mailing of this Order.

 

(C)     On the basis of the Findings of Fact and paragraph (3) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes the pharmacist identification card, No. 03-2-18518, held by Ronald H. Elmore effective as of the date of the mailing of this Order.

 

 

The motion was seconded by Mr. Kost and approved by the Board (Aye-6/Nay-0).

10:47 a.m.

RES. 2001-017   Mr. Winsley presented the applications from two individuals wishing to be approved by the Board as Approved Providers of Continuing Pharmacy Education pursuant to Rule 4729-7-05 of the Administrative Code.  After discussion, Mr. Giacalone moved that the Board approve the following as Approved Providers of Continuing Pharmacy Education:

 

Meridia Hillcrest Hospital Pharmacy Department

Cuyahoga Community College

 

The motion was seconded by Mr. Kost and approved by the Board (Aye-6/Nay-0).

10:48 a.m.

Ms. Eastman arrived and joined the meeting.

11:00 a.m.

After a discussion of the draft minutes from the July, 2000 meeting, Ms. Abele moved that the minutes of that meeting be approved as amended.  The motion was seconded by Ms. Eastman and approved by the Board (Aye-7/Nay-0).

11:03 a.m.

The Board meeting recessed for lunch.

  1:00 p.m.

RES. 2001-018   All of the Board members except Mrs. Teater convened in Room 1919 for the purpose of meeting with the candidates for licensure by reciprocity.  Following presentations by Board members and self-introductions by the candidates for licensure by reciprocity, Ms. Eastman moved that the Board approve the following candidates for licensure.  The motion was seconded by Mr. Turner and approved by the Board (Aye-7/Nay-0).

 

HANNAH ANSONG

NEW JERSEY

MICHAEL ANGELO BAGLIO

PENNSYLVANIA

SHARON MARIE BEJIAN

GEORGIA

COLLIN ARNOLD HOVINGA

TENNESSEE

THOMAS WAYNE KELSEY

CONNECTICUT

CINDY ANN KINDER

WASHINGTON

RYAN LAFOREST

MICHIGAN

SHARON KAY LAFOREST

MINNESOTA

NICHOLE JUNE LEWIS

MICHIGAN

MARC RICHARD SUMMERFIELD

MARYLAND

JENNIFER M. SWIHART

COLORADO

SHERYL LYNN SZEINBACH

TEXAS

HEATHER JO THOMAS

NEVADA

MELANIE DAWN TROTTA

WEST VIRGINIA

DAVID ANTHONY YOST

NORTH CAROLINA

DARLENE MARIE YOUNGWIRTH

PENNSYLVANIA

  1:35 p.m.

The Board reconvened in Room 1914 to continue the Board meeting with the following members present:

 

Suzanne L. Neuber, R.Ph. (President); Diane C. Adelman, R.Ph. (Vice-President); Ann D. Abele, R.Ph.; Suzanne R. Eastman, R.Ph.; Robert P. Giacalone, R.Ph.; Lawrence J. Kost, R.Ph.; Amonte B. Littlejohn, R.Ph.; Dorothy Teater, Public Member; and James E. Turner, R.Ph.

  1:42 p.m.

The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of conducting an adjudication hearing in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of Elizabeth M. Hartranft, R.Ph., Bay Village.

  5:04 p.m.

The hearing concluded and the record was closed.  Ms. Abele moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code.  The motion was seconded by Ms. Eastman and a roll call vote was conducted by President Neuber as follows: Abele-Yes, Adelman-Yes, Eastman-Yes, Giacalone-Yes, Kost-Yes, Littlejohn-Yes, Teater-Yes, Turner-Yes.

  5:18 p.m.

RES. 2001-019   The Executive Session ended and the meeting was opened to the public.  Mrs. Adelman moved that the Board adopt the following Order in the matter of Elizabeth M. Hartranft, R.Ph.:

 

(A)     Testimony

 

State's Witnesses:

 

(1)     Mark Kabat, Ohio State Board of Pharmacy

 

Respondent's Witnesses:

 

(1)     David Baker, R.Ph., Pharmacists Rehabilitation Organization, Inc.

(2)     Wayne Miller, R.Ph., Pharmacists Rehabilitation Organization, Inc.

(3)     Lois Hamblin, Pharmacists Rehabilitation Organization, Inc.

(4)     Elizabeth M. Hartranft, Respondent

 

(B)     Exhibits

 

State's Exhibits:

 

(1)     Exhibit 1--Copy of three-page Summary Suspension Order/Notice of Opportunity for Hearing letter dated February 22, 2000.

(2)     Exhibit 1A--Copy of Hearing Request letter dated March 7, 2000.

(3)     Exhibit 1B--Copy of Hearing Schedule letter dated March 8, 2000.

(4)     Exhibit 1C--Copy of Pharmacist File Front Sheet of Elizabeth Mild Hartranft showing original date of registration as August 16, 1965; and two-page copy of Renewal Application for Pharmacist License, No. 03-3-08439, for a license to practice pharmacy in Ohio from September 15, 1999, to September 15, 2000, of Elizabeth M. Hartranft dated July 27, 1999.

(5)     Exhibit 2--Seven-page copy of Amherst Police Department Incident/Offense Report, No. 01-00-000255, regarding Elizabeth M. Hartranft on February 11, 2000.

(6)     Exhibit 3--Amber vial, not labeled, containing 30 diltiazem hydrochloride 180mg extended release capsules.

(7)     Exhibit 4--Copy of seven-page handwritten statement of Susan Elliott signed and notarized on February 14, 2000.

(8)     Exhibit 5--Copy of handwritten statement of Alice Fisher signed and notarized on February 15, 2000.

(9)     Exhibit 6--Copy of five-page handwritten statement of Joseph Micheletti signed and notarized on February 17, 2000.

(10)   Exhibit 7--Copy of two-page Rite Aid, South Leavitt Road, Amherst, Ohio, Customer History Report of Elizabeth Hartranft dated from February 14, 1999, to February 14, 2000.

(11)   Exhibit 8--Two-page copy of Complaint in the Municipal Court of Oberlin, Ohio, City of Amherst vs. Elizabeth M. Hartranft, Case No. 00CRB-00120-A dated February 11, 2000.

(12)   Exhibit 9--Copy of Journal Entry in the Rocky River Municipal Court, Westlake vs. Hartranft, Elizabeth M., Case No. 96 TRC 4481-B, dated June 17, 1996.

(13)   Exhibit 10--Copy of Journal Entry in the Rocky River Municipal Court, Westlake vs. Hartranft, Elizabeth M., Case No. 97 TRC 770-A, dated February 3, 1997; and attached docket record dated from January 21, 1997, through February 24, 2000.

(14)   Exhibit 11--Copy of two-page handwritten statement of Ryan Piscione signed and notarized on February 17, 2000.

(15)   Exhibit 12--Copy of two-page handwritten statement of Deserie Overy signed and notarized on February 17, 2000.

(16)   Exhibit 13--Copy of three-page handwritten statement of Amy Spencer signed and notarized on March 9, 2000.

(17)   Exhibit 14--Copy of four-page handwritten statement of Kimberley Lutz signed and notarized on March 21, 2000.

(18)   Exhibit 15--Copy of handwritten statement of Mark Biczykowski signed and notarized on March 16, 2000.

(19)   Exhibit 16--Copy of prescription label and information for prescriptions numbered 42957, 42958, 42991, and 42933 dated February 10, 2000.

(20)   Exhibit 17--Copy of handwritten statement of Dr. Helmut Jungschaeffer signed and notarized on March 22, 2000.

(21)   Exhibit 18--Two-page copy of Renewal Application for Pharmacist License, No. 03-3-08439, for a license to practice pharmacy in Ohio from September 15, 1996, to September 15, 1997, of Elizabeth M. Hartranft dated July 20, 1996.

(22)   Exhibit 19--Two-page copy of Renewal Application for Pharmacist License, No. 03-3-08439, for a license to practice pharmacy in Ohio from September 15, 1997, to September 15, 1998, of Elizabeth M. Hartranft dated August 8, 1997.

 

Respondent's Exhibits:

 

(1)     Exhibit A--Two-page letter from Joseph W. Janesz dated July 26, 2000, and copies of the following attachments: Three-page Cleveland Clinic Foundation Department of Psychiatry/ Psychology, Alcohol and Drug Recovery Center Treatment Contract of Elizabeth Hartranft, CCF#: 2-497-103-3, dated May 3, 2000; two-page Pharmacists Rehabilitation Organization, Inc. Pharmacist’s Recovery Contract of Elizabeth Hartranft dated April 13, 2000; five pages of AA Attendance Log sheets of Betsy Hartranft dated from April 7, 2000, through July 26, 2000; letter from Annette Costello dated June 5, 2000; copy of letter from Annette Costello dated July 10, 2000; two-page Cleveland Clinic Foundation Neuropsychological Evaluation Report of Elizabeth Hartranft by Richard I. Naugle, Ph.D. dated March 28, 2000; and two two-page urine drug screen reports of Elizabeth Hartranft with collection dates of July 7, 2000, and July 20, 2000.

(2)     Exhibit B--Copy of AA Attendance Log Sheet of Betsy Hartranft dated from July 27, to August 3, 2000.

(3)     Exhibit C--Copy of five two-page urine drug screen reports of Elizabeth Hartranft with collection dates as follows: two dated May 9, 2000; two dated May 15, 2000; and July 7, 2000; and copy of chain of custody request form dated June 8, 2000.

 

(1)     Records of the State Board of Pharmacy indicate that Elizabeth M. Hartranft was originally licensed to practice pharmacy in the State of Ohio on August 16, 1965, pursuant to examination.  On February 22, 2000, Elizabeth M. Hartranft’s license was summarily suspended in accordance with Section 3719.121(B) of the Ohio Revised Code.

 

(2)     Elizabeth M. Hartranft did, on or about February 11, 2000, while voluntarily intoxicated, engage in conduct or create a condition that presented a risk of physical harm to herself and/or others, to wit: while on duty, Elizabeth M. Hartranft was intoxicated to the extent that she was unable to function as a pharmacist.  Such conduct is in violation of Section 2917.11 of the Ohio Revised Code.

 

(3)     Elizabeth M. Hartranft did, on or about February 11, 2000, recklessly and/or by force, resist or interfere with her lawful arrest, to wit: while practicing pharmacy and intoxicated to the extent of being unable to function, Elizabeth M. Hartranft persistently refused the requests of paramedics and police officers and attempted to drive a motor vehicle, thereby engaging in activity dangerous to herself and to others.  When faced with no alternative, the officers placed Elizabeth M. Hartranft under arrest, but she resisted.  Such conduct is in violation of Section 2921.33 of the Ohio Revised Code.

 

(4)     Elizabeth M. Hartranft did, on or about February 10, 2000, while voluntarily intoxicated, engage in conduct or create a condition that presented a risk of physical harm to herself and/or others, to wit: while on duty practicing pharmacy, Elizabeth M. Hartranft was intoxicated to the extent that she belittled and shouted at patients, drank from a Listerine bottle, and displayed other signs of impairment, indicating that she was unable to safely function as a pharmacist.  Such conduct is in violation of Section 2917.11 of the Ohio Revised Code.

 

(1)     Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraphs (2) through (4) of the Findings of Fact constitute being guilty of unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code.

 

(2)     Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraphs (2) through (4) of the Findings of Fact constitute being addicted to or abusing liquor or drugs or impaired physically or mentally to such a degree as to render her unfit to practice pharmacy as provided in Division (A)(3) of Section 4729.16 of the Ohio Revised Code.

 

(A)     Elizabeth M. Hartranft, pursuant to Rule 4729-9-01(F) of the Ohio Administrative Code, may not be employed by or work in a facility licensed by the State Board of Pharmacy to possess or distribute dangerous drugs during such period of suspension.

 

(B)     Elizabeth M. Hartranft, pursuant to Section 4729.16(B) of the Ohio Revised Code, must return the identification card and license (wall certificate) to the office of the State Board of Pharmacy within ten days after receipt of this Order unless the Board office is already in possession of both.  The identification card and wall certificate should be sent by certified mail, return receipt requested.

 

(A)     Elizabeth M. Hartranft must enter into a contract, signed within 90 days after the effective date of this Order, with an Ohio Department of Alcohol and Drug Addiction Services (ODADAS) treatment provider or a treatment provider acceptable to the Board for a period of not less than five years. The contract must provide that:

 

(1)     Random, observed urine drug screens shall be conducted at least once each month.

 

(a)     The urine sample must be given within twelve hours of notification.  The urine screen must include testing for creatinine or specific gravity of the sample as the dilutional standard.

 

(b)     Alcohol must be added to the standard urine drug screen.  A Breathalyzer may be used to test for alcohol, but the test must be conducted by an appropriately certified individual within twelve hours of notification.

 

(c)     Results of all drug and alcohol screens must be negative.  Any positive results, including those which may have resulted from ingestion of food, but excluding false positives which resulted from medication legitimately prescribed, indicates a violation of the contract.

 

(2)     Attendance is required, a minimum of three times per week at an Alcoholics Anonymous, Narcotics Anonymous, and/or similar support group meeting.

 

(3)     The program shall immediately report to the Board any violations of the contract and/or lack of cooperation.

 

(B)     Elizabeth M. Hartranft must provide, at the reinstatement petition hearing, documentation of the following:

 

(1)     Compliance with the contract required above (e.g.-proof of giving the sample within 12 hours of notification and copies of all drug and alcohol screen reports, meeting attendance records, treatment program reports, etc.);

 

(2)     Compliance with the continuing pharmacy education requirements as set forth in Chapter 4729-7 of the Ohio Administrative Code (if applicable);

 

(3)     Compliance with the terms of this Order.

 

(C)     If reinstatement is not accomplished within three years of the effective date of this Order, Elizabeth M. Hartranft must show successful completion of the NAPLEX examination or an equivalent examination approved by the Board.

 

 

The motion was seconded by Mr. Littlejohn and approved by the Board (Aye-7/Nay-1).

  5:20 p.m.

The Board meeting was recessed until Wednesday, August 9, 2000.

 


Wednesday, august 9, 2000

 

  8:02 a.m.      ROLL CALL

 

The State Board of Pharmacy convened in Room 1914, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with the following members present:

 

Suzanne L. Neuber, R.Ph. (President); Diane C. Adelman, R.Ph. (Vice-President); Ann D. Abele, R.Ph.; Robert P. Giacalone, R.Ph.; Lawrence J. Kost, R.Ph.; Dorothy Teater, Public Member; and James E. Turner, R.Ph.

  8:03 a.m.

Ms. Abele moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code.  The motion was seconded by Mr. Turner and a roll call vote was conducted by President Neuber as follows: Abele-Yes, Adelman-Yes, Giacalone-Yes, Kost-Yes, Teater-Yes, and Turner-Yes.

  8:15 a.m.

Mr. Littlejohn arrived and joined the Executive Session in progress.

  8:30 a.m.

RES. 2001-020   The Executive Session ended and the meeting was opened to the public.  Ms. Abele then moved that, pursuant to Section 3719.121 of the Revised Code, the Board summarily suspend the license to practice pharmacy belonging to Joseph Gioiello, R.Ph. (03-1-17346) due to the fact that a continuation of his professional practice presents a danger of immediate and serious harm to others.  The motion was seconded by Mr. Kost and approved by the Board (Aye-6/Nay-0/Abstain-1[Littlejohn]).

  8:34 a.m.

The Board took a brief recess.

  8:56 a.m.

The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of conducting an adjudication hearing in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of Patricia McCann Parks, R.Ph., Defiance.

10:20 a.m.

The hearing concluded and the record was closed.  The Board took a brief recess.

10:53 a.m.

Ms. Abele moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code.  The motion was seconded by Mrs. Teater and a roll call vote was conducted by President Neuber as follows: Abele-Yes, Adelman-Yes, Giacalone-Yes, Kost-Yes, Littlejohn-Yes, Teater-Yes, Turner-Yes.

11:45 a.m.

RES. 2001-021   The Executive Session ended and the meeting was opened to the public.  Mr. Kost moved that the Board adopt the following Order in the matter of Patricia McCann Parks, R.Ph.:

 

(A)     Testimony

 

State's Witnesses:

 

(1)     David Avery, Ohio State Board of Pharmacy

 

Respondent's Witnesses:

 

(1)     Patricia M. Parks, Respondent

 

(B)     Exhibits

 

State's Exhibits:

 

(1)     Exhibit 1--Copy of four-page Summary Suspension Order/Notice of Opportunity for Hearing letter dated January 11, 2000.

(2)     Exhibit 1A--Hearing Request letter dated January 24, 2000.

(3)     Exhibit 1B--Copy of Hearing Schedule letter dated February 2, 2000