|
Note: These Minutes are provided for
informational purposes only. |
|
Ohio State Board
of Pharmacy 77 South High Street,
Room 1702 |
Minutes Of The Meeting
September 5, 6, 7, 2000
TUESDAY, SEPTEMBER 5, 2000
8:10 a.m. ROLL CALL
The State Board of Pharmacy convened in Room 1914,
Suzanne L. Neuber, R.Ph. (President); Ann D. Abele, R.Ph.; Suzanne R. Eastman, R.Ph.; Robert P. Giacalone, R.Ph.; Lawrence J. Kost, R.Ph.; and James E. Turner, R.Ph.
Also present were
8:27 a.m.
After discussion of items not requiring any official action by
the Board,
8:28 a.m.
RES. 2001-026
AMENDED
ORDER OF THE STATE BOARD OF PHARMACY
(Docket No. D-980127-032)
In The Matter Of:
(R.Ph. No. 03-3-21594)
INTRODUCTION
THE MATTER OF JOHN PAUL TEKULVE CAME TO HEARING ON APRIL 6, 1998, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: JOSEPH J. MASLAK, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; JOHN L. HANNA, R.Ph.; SUZANNE L. NEUBER, R.Ph.; RUTH A. PLANT, R.Ph.; AND NICHOLAS R. REPKE, PUBLIC MEMBER.
SUMMARY OF EVIDENCE
(A) Testimony
State's Witnesses:
(1)
(2) Detective
Respondent's Witnesses:
(1)
(B) Exhibits
State's Exhibits:
(1) Exhibit 1--Copy of three-page Summary
Suspension Order/Notice of
(2) Exhibit 1A--Copy of Hearing Request letter dated February 3, 1997 (sic 1998).
(3) Exhibit 1B--Copy of Hearing Schedule letter dated February 5, 1998.
(4) Exhibit 1C--Copy of Pharmacist File Front
Sheet of John Paul Tekulve showing original date of
registration as October 16, 1996; and two-page copy of Renewal Application for
Intern License, for a license to practice pharmacy as an intern in
(5) Exhibit 2
(6) Exhibit 3-
(7) Exhibit 4
(8) Exhibit 4A
(9) Exhibit 5
(10) Exhibit 6
(11) Exhibit 7
(12) Exhibit 8
(13) Exhibit 9
(14) Exhibit 10
(15) Exhibit 11
(16) Exhibit 12
(17) Exhibit 13
Respondent's Exhibits:
(1) None
FINDINGS OF FACT
After having heard the testimony, considered the evidence, observed the demeanor of the witnesses, and weighed their credibility, the State Board of Pharmacy finds the following to be fact:
(1) Records of the Board of Pharmacy indicate
that
(2)
(3) John Paul Tekulve
did, on or about July 18, 1997, knowingly obtain, possess, and/or use a
controlled substance when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit:
(4) John Paul Tekulve is addicted to or abusing liquor or drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy, to wit: John Paul Tekulve arrived at the pharmacy to begin his shift unexplainably late on several occasions; John Paul Tekulve committed numerous errors while practicing pharmacy during the chosen time period of October 28, 1996, through August 4, 1997; and John Paul Tekulve has used the pharmacy’s telephone to make arrangements to obtain marijuana.
CONCLUSIONS OF LAW
(1)
(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 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 (4) 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 (2) and (3) 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. of the Revised Code as
provided in Division (A)(5) of Section 4729.16 of the
ACTION OF THE BOARD
Pursuant to Section 3719.121 of the Ohio Revised Code, the State Board of Pharmacy hereby removes the Summary Suspension Order issued January 27, 1998.
Pursuant to Section 4729.16 of
the Ohio Revised Code, the State Board of Pharmacy takes the following actions
in the matter of
(A) On
the basis of the Findings of Fact and Conclusions of Law set forth above, the
State Board of Pharmacy hereby suspends the pharmacist identification card, No.
03-3-21594, held by
(B) November, 1999, or thereafter, the Board
will consider any petition filed by
(1) John Paul Tekulve must enter into a new contract with a treatment provider acceptable to the Board for a period of not less than five years from the effective date of this Order and, upon signing, submit a copy of the contract to the Board office. The contract must provide that:
(a) Random, observed urine samples shall be provided to, and conducted in, a certified Ohio Department of Alcohol and Drug Addiction Service (ODADAS) facility at least once a month for one year, and once every three months for the remaining four years. Each urine screen must comply to the following standards:
(i) The samples must be given within eight hours of random notification.
(ii) Chain of custody must be maintained and documented for each sample/screen.
(iii) Reports must include testing the sample for alcohol and marijuana and must also report testing for creatinine or specific gravity of the sample as the dilutional standard.
(iv) Sample analysis and reports must be completed within
forty-eight (48) hours from the urine collection time.
(b) Regular attendance, at least three times per week, at an Alcoholics Anonymous, Narcotics Anonymous, and/or similar support group meetings, and at meetings of a professional support group, is required during outpatient treatment and/or during aftercare; and
(c) The program shall immediately report to the Board of Pharmacy any positive urine screens and/or other violations of the contract.
(2) John Paul Tekulve must take and successfully complete the jurisprudence examination offered by the Board prior to petitioning the Board for reinstatement.
(3) John Paul Tekulve must provide, at the time of petitioning the Board for reinstatement, written documentation from his treatment provider regarding compliance with the program pursuant to the contract including all urine drug screen reports.
Division (B) of Section 4729.16 of the Ohio Revised Code provides: “Any individual whose identification card is revoked, suspended, or refused, shall return his identification card and certificate of registration to the offices of the state board of pharmacy within ten days after receipt of notice of such action.” The certificate and identification card should be forwarded by certified mail, return receipt requested.
THIS ORDER WAS APPROVED BY A VOTE OF THE STATE BOARD OF PHARMACY.
MOTION CARRIED.
SO ORDERED.
The motion was seconded by
8:33 a.m.
8:50 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
10:30 a.m.
The Executive Session ended and the meeting was opened to the public. The Board took a brief recess.
10:42 a.m.
10:45 a.m.
11:00 a.m.
RES. 2001-027
11:15 a.m.
The Board was joined by
11:45 a.m.
The Board took a recess for lunch.
1:08 p.m.
The Board meeting resumed in Room 1914,
1:15 p.m.
RES. 2001-028 Mr.
Benedict then presented a request from George Brown, R.Ph. asking for a waiver
from the requirements of Administrative Code Rule 4729-5-11(A) to allow him to
serve as responsible pharmacist at more than one location. After discussion,
The motion was seconded by
1:16 p.m.
The Board took a brief recess.
1:28 p.m.
The Board was joined by
1:44 p.m.
1:55 p.m.
The hearing ended and the record was closed. The Board took a brief recess.
2:06 p.m.
The meeting resumed. At the request of
3:12 p.m.
The discussion on the CPE rules was continued until the October meeting to allow the Board members to consider the issues discussed and to review documentation received during the discussion. The Board took a brief recess.
3:29 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
3:55 p.m.
RES. 2001-029 The
Executive Session ended and the meeting was opened to the public.
4:00 p.m.
RES. 2001-030
ORDER OF THE STATE BOARD OF PHARMACY
(Docket
No. D-000711-002)
In
The Matter Of:
(D.O.B.
07/26/1943)
INTRODUCTION
THE MATTER OF DENNIS PAUL THOMPSON CAME FOR HEARING
ON SEPTEMBER 5, 2000, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: SUZANNE L. NEUBER, R.Ph. (presiding); 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.
SUMMARY
OF EVIDENCE
(A) Testimony
State's Witnesses:
(1)
Respondent's Witnesses:
(1) None
(B) Exhibits
State's Exhibits:
(1) Exhibit 1--Copy of two-page Proposal to Deny/Notice of
(2) Exhibit 1A--Two-page letter from
(3) Exhibit 1B--Copy of Hearing Schedule letter dated August 10,
2000.
(4) Exhibit 1C--Application for Examination as a Pharmacist of
Dennis Paul Thompson signed and notarized on May 30, 2000, and attached
statement of
(5) Exhibit 2--Copy of seven-page Order of the State Board of
Pharmacy, Docket No. D-870604-119, dated August 21, 1987.
(6) Exhibit 3--Copy of seven-page Order of the State Board of
Pharmacy, Docket No. D-880517-223, in the matter of
(7) Exhibit 4--Copy of six-page Order of the State Board of
Pharmacy, Docket No. D-890309-103, in the matter of
(8) Exhibit 5--Copy of six-page Order of the State Board of
Pharmacy, Docket No. D-900227-064, in the matter of
(9) Exhibit 6--Copy of six-page Order of the State Board of
Pharmacy, Docket No. D-911220-086, in the matter of
(10) Exhibit 7--Copy of three-page Order of the State Board of
Pharmacy, Docket No. D-940902-014, in the matter of
Respondent's Exhibits:
(1) None
FINDINGS
OF FACT
After having heard the testimony, observed the
demeanor of the witness, considered the evidence, and weighed the credibility
of each, the State Board of Pharmacy finds the following to be fact:
(1) On July 11, 2000,
a hearing, his rights in such hearing, and his right to submit his contentions
in writing.
(2) As demonstrated by return receipt of July 19, 2000,
(3) Dennis Paul Thompson responded to the letter of July 11, 2000,
by submitting his contentions in writing, letter dated August 1, 2000.
(4) Records of the State Board of Pharmacy indicate that
(5) Records further indicate that
(6) Since the revocation of his license in August of 1987,
CONCLUSIONS
OF LAW
(1) Upon consideration of the record as a whole, the State Board
of Pharmacy concludes that paragraph (4) of the Findings of Fact constitutes
having been convicted 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 (4) of the Findings of Fact constitutes
having been convicted of violating any state or federal pharmacy or drug law 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 paragraph (4) of the Findings of Fact constitutes
not being of good moral character and habits as provided in paragraph (C) of
Rule 4729-5-04 of the Ohio Administrative Code.
(4) Upon consideration of the record as a whole, the State Board
of Pharmacy concludes that paragraph (5) 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.
ACTION OF THE BOARD
Pursuant to Section 4729.08 of the Ohio Revised Code
and Rule 4729-5-04 of the Ohio Administrative Code, and on the basis of the
foregoing Findings of Fact and Conclusions of Law, the State Board of Pharmacy
hereby denies the issuance of a certificate of registration or an
identification card and, therefore, denies the Application for Examination as a
Pharmacist submitted by Dennis Paul Thompson on or about June 1, 2000. Further,
THIS
ORDER WAS APPROVED BY A VOTE OF THE STATE BOARD OF PHARMACY.
MOTION
CARRIED.
SO ORDERED.
The motion was seconded by
4:02 p.m.
The Board meeting was recessed until Wednesday, September 6, 2000.
wednesday, September 6, 2000
9:00 a.m. ROLL CALL
The State Board of Pharmacy convened in Room 1914,
Suzanne L. Neuber, R.Ph. (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.
9:03 a.m.
The Board was joined by
10:32 a.m.
The hearing ended and the record was closed. The Board took a brief recess.
10:53 a.m.
The meeting resumed. The Board was joined by
11:55 a.m.
The hearing was recessed for lunch.
1:00 p.m.
The Board reconvened in Room 1919,
Suzanne L. Neuber, R.Ph. (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.
RES. 2001-031 Following
presentations by Board members and self-introductions by the candidates for
licensure by reciprocity,
|
|
|
03-1-24399 |
|
|
|
|
|
03-1-24376 |
|
|
|
|
|
03-1-24384 |
|
|
|
Cassandra |
|
03-1-24358 |
|
|
|
|
|
03-1-23462 |
|
|
|
|
|
03-1-24371 |
|
|
|
|
|
03-1-24357 |
|
|
|
|
|
03-1-24388 |
|
|
|
|
|
03-1-24386 |
|
|
|
|
|
03-1-24363 |
|
|
|
|