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

December 3, 4, 5, 2001

 

MONDAY, DECEMBER 3, 2001

 

12:10 p.m.     ROLL CALL

 

The State Board of Pharmacy convened in Room South-B&C, 31st Floor, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with the following members present:

 

Ann D. Abele, R.Ph. (President); Diane C. Adelman, R.Ph. (Vice-President); Suzanne R. Eastman, R.Ph.; Robert P. Giacalone, R.Ph.; Lawrence J. Kost, R.Ph.; Nathan S. Lipsyc, 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; William McMillen, Licensing Administrator; Mark Keeley, Legislative Affairs Administrator; David Rowland, Legal Affairs Administrator; and Sally Ann Steuk, Assistant Attorney General.

12:11 p.m.

Mrs. Adelman 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 Abele as follows: Adelman-Yes, Eastman-Yes, Giacalone-Yes, Kost-Yes, Lipsyc-Yes, Teater-Yes, and Turner-Yes.

12:16 p.m.

RES. 2002-074  The Executive Session ended and the meeting was opened to the public.  Mr. Turner moved that the Board accept the settlement offer in the matter of Drug Emporium #32.  The motion was seconded by Mr. Lipsyc and approved by the Board (Aye-7/Nay-0).

 

RES. 2002-075  Mr. Keeley discussed the refiling of Rule 4729-10-02 due to the need to address the concerns raised at the Public Hearing that was held in November.  After discussion, Mrs. Adelman moved that the Board affirm the decision to refile the rule as changed.  The motion was seconded by Ms. Eastman and approved by the Board (Aye-7/Nay-0).

12:34 p.m.

Mr. Braylock arrived and joined the meeting in progress.

 

RES. 2002-076  Mr. Keeley then reported that, pursuant to the Board’s request, he had verified the credentials of the individuals involved in the PharmVac/Texas Tech Immunization Pro­gram with Texas Tech School of Pharmacy and with APhA.

 

RES. 2002-077  Mr. Keeley next presented information received from the University of Cincinnati regard­ing their immunization program for pharmacy students.  After reviewing the educational materials and comparing them to the requirements in the law, Mr. Keeley recommended that the program be approved.  Mr. Kost then moved that the program on immunization technique offered at the University of Cincinnati be approved.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

 

Mr. Keeley presented his Legislative Report to the Board.  There were no items requiring official action by the Board.

 

RES. 2002-078  Mr. Winsley reported that the following agreement with the Trumbull Township Volun­teer Fire Department had been signed and was now effective:

 

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-010312-043)

 

In the Matter of:

 

TRUMBULL TWP. VOLUNTEER FIRE DEPT.

c/o Jim Bradbury

2443 State Route 534

Geneva, Ohio 44041

(Terminal Distributor No. 02-0974850)

 

 

This Settlement Agreement is entered into by and between TRUMBULL TWP. VOLUNTEER FIRE DEPT. and the Ohio State Board of Pharmacy, a state agency charged with enforcing the Pharmacy Practice Act and Dangerous Drug Distribution Act, Chapter 4729. of the Ohio Revised Code.

 

TRUMBULL TWP. VOLUNTEER FIRE DEPT. ENTERS INTO THIS AGREEMENT BEING FULLY INFORMED OF ITS RIGHTS AFFORDED UNDER CHAPTER 119. OF THE OHIO REVISED CODE, INCLUDING THE RIGHT TO REPRESENTATION BY COUNSEL, THE RIGHT TO A FORMAL ADJUDICATION HEARING ON THE ISSUES CONTAINED HEREIN.

 

Whereas, the State Board of Pharmacy is empowered by Section 4729.57 of the Ohio Revised Code to suspend, revoke, refuse to renew any license issued to a terminal distributor of dangerous drugs pursuant to section 4729.54 of the Revised Code, or may impose a monetary penalty on the license holder, for violation of any of the enumerated grounds of Section 4729.57 of the Ohio Revised Code.

 

WHEREAS, Trumbull Twp. Volunteer Fire Dept. is a licensed terminal distributor of danger­ous drugs in the State of Ohio.

 

WHEREAS, on or about March 12, 2001, pursuant to Chapter 119. of the Ohio Revised Code, Trumbull Twp. Volunteer Fire Dept. was notified of the allegations or charges against it, its right to a hearing, its rights in such hearing, and its right to submit con­tentions in writing. Further, a hearing was scheduled by the Board. The March 12, 2001, Notice of Opportunity for Hearing contains the following allegations or charges:

 

(1)     Records of the Board of Pharmacy indicate that you are the EMS Coordinator at Trumbull Twp. Volunteer Fire Dept., 2443 State Route 534 Geneva, Ohio 44041, terminal distributor license number 02-0974850, pursuant to Sections 4729.27 and 4729.55 of the Ohio Revised Code and Rule 4729-5-11 of the Ohio Administrative Code.

 

(2)     Trumbull Twp. Volunteer Fire Dept. did, on or about April 19, 2000, possess for sale dangerous drugs when the conduct was not in accordance with Chapter 4729. of the Ohio Revised Code, to wit: after its license to possess drugs had lapsed and prior to its renewal, the squad possessed dangerous drugs for use on patients.  Such conduct is in violation of Section 4729.51(C) of the Ohio Revised Code, and if proven constitutes violating a provision of Chapter 4729. of the Ohio Revised Code within the meaning of Section 4729.57 of the Ohio Revised Code.

 

(3)     Trumbull Twp. Volunteer Fire Dept. did, on or about June 7, 2000, possess for sale dangerous drugs when the conduct was not in accordance with Chapter 4729. of the Ohio Revised Code, to wit: after its license to possess drugs had lapsed and prior to its renewal, and after having been warned of such conduct by a Board agent on April 19, 2000, the squad possessed dangerous drugs for use on patients.  Such conduct is in violation of Section 4729.51(C) of the Ohio Revised Code, and if proven constitutes violating a provision of Chapter 4729. of the Ohio Revised Code within the meaning of Section 4729.57 of the Ohio Revised Code.

 

(4)     Trumbull Twp. Volunteer Fire Dept. did, on or about April 19, 2000, fail to secure dangerous drugs in an area secured by suitable locks and/or an elec­tronic barrier, to wit: the drug box on the squad had no locks, and the squad was accessible by non-licensed persons.  Such conduct is in violation of Rule 4729-9-11(B) of the Ohio Administrative Code, and if proven constitutes vio­lating a rule of the Board within the meaning of Section 4729.57 of the Ohio Revised Code.

 

(5)     Trumbull Twp. Volunteer Fire Dept. did, on or about June 7, 2000, fail to secure dangerous drugs in an area secured by suitable locks and/or an electronic barrier, to wit: the drug box, without locks, had been stored in the building’s radio room/office, and was accessible by non-licensed persons.  A Board agent had given a written warning about such conduct on April 19, 2000.  Such con­duct is in violation of Rule 4729-9-11(B) of the Ohio Administrative Code, and if proven constitutes violating a rule of the Board within the meaning of Section 4729.57 of the Ohio Revised Code.

 

WHEREAS, Trumbull Twp. Volunteer Fire Dept. denies some or all of the allegations or charges.  Notwithstanding Trumbull Twp. Volunteer Fire Dept.’s denial of the allegations, the Board hereby adjudicates the same.

 

WHEREAS, Trumbull Twp. Volunteer Fire Dept. admits and acknowledges that it is not a “prevailing eligible party” for purposes of Revised Code Sections 119.092 and 2335.39.  Further, Trumbull Twp. Volunteer Fire Dept. waives any rights it may have under Sections 119.09 and 2335.39 of the Ohio Revised Code.

 

WHEREAS, Trumbull Twp. Volunteer Fire Dept., with intention of binding itself and its suc­cessors in interest and assigns, hereby releases, and holds harmless from liability and forever discharges the State of Ohio, the Board, the Ohio Attorney General, and any and all of their present and former members, officers, attorneys, agents and employees, personally and in their official capacities, from any and all claims, demands, causes of actions, judgments, or executions that Trumbull Twp. Volunteer Fire Dept. ever had, or now has or may have, known or unknown, or that anyone claiming through or under it may have or claims to have, created by or arising out of the allegations or charges filed by the Board against Trumbull Twp. Volunteer Fire Dept., set forth in the Notice of Opportun­ity for Hearing.

 

WHEREAS, Trumbull Twp. Volunteer Fire Dept. acknowledges that it has had an opportun­ity to ask questions concerning the terms of this Agreement and that all questions asked have been answered in a satisfactory manner.

 

Therefore, the parties, in consideration of the mutual covenants and promises contained herein, and in lieu of any further formal proceedings at this time, and intending to be bound by said covenants, agree as follows:

 

(A)     Pursuant to Section 4729.25(B) of the Ohio Revised Code, Trumbull Twp. Volun­teer Fire Dept. is hereby reprimanded.

 

This Agreement embodies the entire agreement between and of the parties.  There are no express or implied promises, guarantees, terms, covenants, conditions, or obligations other than those contained herein; and this Agreement supersedes all previous communications, representations or agreements, either verbal or written, between the parties.

 

The parties hereto acknowledge that this Agreement shall be considered a public record as that term is used in Section 149.43 of the Ohio Revised Code and shall become effective upon the date of the Board President’s signature below.

 

/s/          Jim Bradbury

 

/d/     11/27/01

Jim Bradbury, EMS Coordinator TVFD

 

Date of Signature          

 

 

 

/s/          Ann D. Abele

 

/d/     12/3/2001

Ann D. Abele, President, Ohio State Board of Pharmacy

 

Date of Signature

 

 

 

/s/          Sally Ann Steuk

 

/d/      11-29-01

Sally Ann Steuk, Ohio Assistant Attorney General

 

Date of Signature

 

Mr. Benedict then introduced the Board’s newest Compliance Agent, John Findley, to the Board members.

  1:08 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 Richard D. Dudek, R.Ph., Warren.

  4:08 p.m.

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

  4:15 p.m.

Mr. Winsley presented a request for information from the National Association of Boards of Pharmacy (NABP) regarding reciprocity of pharmacists’ licenses with the state of Florida.  After a brief discussion, this item was tabled so that more information could be obtained.

 

RES. 2002-079  Mr. Winsley then requested that the Board approve the signing of the Letters of Agree­ment for the NAPLEX and MPJE examinations.  After discussion, Mr. Turner moved that the Board authorize the signing of both Letters of Agreement for calendar year 2002.  The motion was seconded by Mrs. Adelman and approved by the Board (Aye-8/Nay-0).

 

Mr. Kost reported on the recent meeting and activities of the Nursing Board Committee on Prescriptive Governance (C.P.G.).

 

Mr. Benedict reported on the November meeting of the Medical Board Prescribing Committee.

 

Ms. Abele reported that the Nursing Board Formulary Committee would not meet until January.

  4:35 p.m.

After discussion of the draft minutes from the November, 2001 meeting, Ms. Eastman moved that they be approved as amended.  The motion was seconded by Mrs. Adelman and approved by the Board (Aye-7/Nay-0/Abstain-1[Giacalone]).

  4:40 p.m.

The meeting was recessed until Tuesday, December 4, 2001.

 

 

tuesday, december 4, 2001

 

  8:06 a.m.     ROLL CALL

 

The State Board of Pharmacy reconvened in Room South-B&C, 31st Floor, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with the following members present:

 

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

  8:08 a.m.

Mr. Lipsyc 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. Braylock and a roll call vote was conducted by President Abele as follows: Adelman-Yes, Braylock-Yes, Eastman-Yes, Giacalone-Yes, Lipsyc-Yes, Kost-Yes, Teater-Yes, and Turner-Yes.

  8:39 a.m.

RES. 2002-080  The Executive Session ended and the meeting was opened to the public.  Mr. Braylock moved that the Board issue the following Order in the matter of Richard D. Dudek, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-010615-076)

 

In The Matter Of:

 

RICHARD D. DUDEK, R.Ph.

8007 Fox Hound Run

Warren, Ohio 44484

(R.Ph. No. 03-3-07233)

 

INTRODUCTION

 

THE MATTER OF RICHARD D. DUDEK CAME FOR HEARING ON DECEMBER 3, 2001, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ANN D. ABELE, R.Ph. (presiding) ; DIANE C. ADELMAN, R.Ph.; GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

 

RICHARD D. DUDEK WAS REPRESENTED BY MICHAEL H. GERTNER AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

SUMMARY OF EVIDENCE

 

(A)     Testimony

 

State's Witnesses:

 

(1)     George Pavlich, Ohio State Board of Pharmacy

 

Respondent's Witnesses:

 

(1)     Richard D. Dudek, R.Ph., Respondent

 

(B)     Exhibits

 

State's Exhibits:

 

(1)     Exhibit 1--Copy of four-page Notice of Opportunity for Hearing letter dated June 15, 2001.

(2)     Exhibit 1A--Hearing Request letter from Michael H. Gertner dated June 25, 2001.

(3)     Exhibit 1B--Copy of Hearing Schedule letter dated July 2, 2001.

(4)     Exhibit 1C--Copy of Ohio Pharmacist Computer Record of Richard D. Dudek.

(5)     Exhibit 2--Copy of two-page Dangerous Drug Distributor Inspection Report of Westside Family Discount Drugs dated December 7, 1999.

(6)     Exhibit 3--Copy of ten Accountability Statements, one for each of the following drugs: OxyContin 20mg tablets; MS Contin 30mg tablets; methylphenidate 10mg tablets; methylphenidate 20mg tablets; methylphenidate 5mg tablets; Tylox 5/325 capsules; Percocet 5/325 tablets; Percodan 4.5 .38/325 tablets; Roxicet 5/325 tablets; and Roxiprin 4.25 .38/325 tablets, at Westside Pharmacy dated March 12, 2000.

(7)     Exhibit 4--Copy of fourteen-page transcript of an interview by George Pavlich with Richard D. Dudek on February 10, 2000.

(8)     Exhibit 5--Dangerous Drug Distributor Inspection Report-Receipt of Richard Dudek, R.Ph. dated February 10, 2000.

(9)     Exhibit 6--Three amber plastic bottles, one with no label, one with a blue label, and one with a white label handwritten with Tussionex and directions for use.

(10)   Exhibit 7--Copy of three Summa Health Systems Toxicology/Therapeutic Drug Monitoring Reports for three vials collected from Dick Dudek dated February 14, 2000; Copy of Summa Health Systems Chain of Custody Form for Dick Dudek dated February 14, 2000.

(11)   Exhibit 8--Copy of Accountability Statement for Tussionex Syrup 10mg/5ml at Westside Pharmacy dated March 12, 2000.

(12)   Exhibit 9--Copy of two-page DEA 106 Report Of Theft Or Loss Of Controlled Substances of Westside Family Discount dated March 11, 2000.

(13)   Exhibit 10--Playful Puppies 1999 Calendar.

(14)   Exhibit 11--Five-page copy of Indictment, State of Ohio vs. Richard Dudek, R.Ph., Trumbull County Common Pleas Court, Case No. 2000CR313, dated May 25, 2000.

(15)   Exhibit 12--Two-page copy of Journal Entry, State of Ohio vs. Richard Dudek, Trumbull County Common Pleas Court, Case No. 00-CR-313, dated October 27, 2000.

 

Respondent's Exhibits:

 

(1)     Exhibit A--Copy of resume of Richard D. Dudek, not dated.

(2)     Exhibit B--Letter from Michael H. Gertner dated December 14, 2000.

(3)     Exhibit C--Two-page copy of letter from Ed Simko, R.Ph. dated November 18, 2001; Copy of letter from James J. Gomochak, R.Ph. dated November 24, 2001; Copy of letter from Tullio Belmaggio dated November 25, 2001; Copy of letter from Frank E. Roberts, R.Ph. dated November 18, 2001; Copy of letter from Dennis J. Persin dated November 19, 2001; and Copy of letter from Nellie A. Rutherford dated November 23, 2001.

(4)     Exhibit D--Four-page copy of Agreed Entry Of Stipulation Of Use Of Polygraph, State of Ohio vs. Richard R.(sic) Dudek, Case No. 00-CR-313, Trumbull County Common Pleas Court, not signed or dated.

(5)     Exhibit E--Three-page copy of Finding On Guilty Plea To Bill Of Information, State of Ohio vs. Richard Dudek, Case No. 00-CR-313-A, Trumbull County Common Pleas Court, not signed or dated.

 

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 Richard D. Dudek was ori­ginally licensed by the State of Ohio on August 8, 1960, pursuant to examina­tion, and is currently licensed to practice pharmacy in the state of Ohio.  Board records further indicate that during the relevant time periods stated herein, Richard D. Dudek was the Responsible Pharmacist at Westside Pharmacy, 1180 W. Market Street, Warren, Ohio 44485, pursuant to Sections 4729.27 and 4729.55 of the Ohio Revised Code and Rule 4729-5-11 of the Ohio Admini­strative Code.

 

(2)     Richard D. Dudek as the Responsible Pharmacist did, from April 29, 1999, through November 23, 1999, fail to provide effective and approved controls and procedures to deter and detect theft and diversion of dangerous drugs, to wit: the following controlled substances were diverted from Westside Pharmacy, Warren Ohio, while Richard D. Dudek was the Responsible Pharmacist:

 

Drug

          

Amount

OxyContin 20mg

 

100

MS Contin 30mg

 

100

Ritalin 10mg

 

493

Ritalin 20mg

 

575

Ritalin 5mg

 

280

Tylox 5mg

 

300

Percocet 5mg

 

1,376

Percodan

 

500

Roxicet 5mg

 

2,831

Roxiprin 5mg

 

12

 

Such conduct is in violation of Rule 4729-9-05 of the Ohio Administrative Code.

 

(3)     Richard D. Dudek did, on or about April 29, 1999, with purpose to deprive, know­ingly obtain or exert control over dangerous drugs, the property of Westside Pharmacy, beyond the express or implied consent of the owner, to wit: Richard D. Dudek admittedly stole 500cc of Hydrocodone Syrup, a Schedule III controlled substance.  Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

 

(4)     Richard D. Dudek did, on various dates throughout 1999, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Westside Pharmacy, beyond the express or implied consent of the owner, to wit: Richard D. Dudek admittedly stole 10 units of Provera and 25 units of Premarin each month (except May and June) for Richard D. Dudek’s wife's use.  Such conduct is in viola­tion of Section 2913.02 of the Ohio Revised Code.

 

(5)     Richard D. Dudek did, on various dates throughout 1999, sell dangerous drugs when the conduct was not in accordance with Chapters 4729. and 4731. of the Ohio Revised Code, to wit: without prescription, Richard D. Dudek gave his wife a continuous supply of Provera and Premarin that Richard D. Dudek had stolen from the pharmacy in which Richard D. Dudek was employed.  Such conduct is in viola­tion of Section 4729.51(C)(1) of the Ohio Revised Code.

 

(6)     Richard D. Dudek did, on or about April 17, 18, 19, and 20, 1999, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the prop­erty of another, beyond the express or implied consent of the owner, to wit: Richard D. Dudek admittedly stole Amoxil from his employer Westside Phar­macy.  Such con­duct is in violation of Section 2913.02 of the Ohio Revised Code.

 

(7)     Richard D. Dudek did, on or about January 31, 2000, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of West­side Pharmacy, beyond the express or implied consent of the owner, to wit: Richard D. Dudek admittedly stole one package of Zithromax.  Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

 

(8)     Richard D. Dudek was convicted of two counts of theft, first degree misde­meanors, in violation of Section 2913.02(A)(1) of the Ohio Revised Code.  State of Ohio v. Richard Dudek, Case No. 00-CR-313-A, Trumbull County Common Pleas Court.  Such conviction indicates being convicted of a misdemeanor related to, or committed in, the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code.

 

CONCLUSIONS OF LAW

 

(1)     Upon consideration of the record as a whole, the State Board of Pharmacy con­cludes that paragraphs (2) through (8) 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 (2) through (8) 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 (8) of the Findings of Fact constitutes having been 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.

 

(4)     Upon consideration of the record as a whole, the State Board of Pharmacy con­cludes that paragraph (5) of the Findings of Fact constitutes being guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapter 4729. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

 

ACTION OF THE BOARD

 

Pursuant to Section 4729.16 of the Ohio Revised Code, and on the basis of the Findings of Fact and Conclusions of Law set forth above, the State Board of Pharmacy hereby sus­pends for ten years the pharmacist identification card, No. 03-3-07233, held by Richard D. Dudek and such suspension is effective as of the date of the mailing of this Order.

 

(A)     Richard D. Dudek, 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)     Richard D. Dudek, 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.

 

Further, the Board will stay the last nine years of the suspension and place Richard D. Dudek on probation for those nine years, provided that Richard D. Dudek meets the following conditions:

 

(A)     Richard D. Dudek must, within one year from the date of the mailing of this Order, take and pass the Multistate Pharmacy Jurisprudence Examination, or an equivalent examination approved by the Board, and submit documentation of this to the Board office.  If Mr. Dudek does not pass the examination within the one-year period, his license will remain suspended until this condition has been achieved.

 

(B)     Richard D. Dudek must, from the date of the mailing of this Order, attend one live continuing pharmacy education program in Board-approved Jurisprudence each year for ten years, which may not be used for license renewal, and submit documenta­tion of each to the Board office.

 

(C)     Upon reinstatement of Richard D. Dudek's identification card to practice phar­macy in the state of Ohio, the conditions of probation are as follows:

 

(1)     The State Board of Pharmacy hereby declares that Richard D. Dudek’s pharmacist identification card is not in good standing and thereby denies the privilege of being a preceptor and training pharmacy interns pursuant to paragraph (D)(1) of Rule 4729-3-01 of the Ohio Administrative Code.

 

(2)     Richard D. Dudek may not serve as a responsible pharmacist.

 

(3)     Richard D. Dudek must not violate the drug laws of the state of Ohio, any other state, or the federal government.

 

(4)     Richard D. Dudek must abide by the rules of the Ohio State Board of Pharmacy.

 

(5)     Richard D. Dudek must comply with the terms of this Order.

 

THIS ORDER WAS APPROVED BY A VOTE OF THE STATE BOARD OF PHARMACY.

MOTION CARRIED.

SO ORDERED.

 

The motion was seconded by Mrs. Adelman and approved by the Board (Aye-6/Nay-2).

 

Mr. Keeley discussed the Nursing Board C.P.G. committee rules that were being discussed at JCARR.

  8:52 a.m.

RES. 2002-081  The Board was joined by Wayne Miller, R.Ph. representing the Pharmacists Rehabilita­tion Organization (PRO).  Mr. Miller presented a proposed change to the way PRO would handle the required urine collections for those pharmacists under Board order for ran­dom urine testing.  After discussion, Mr. Giacalone moved that the Board approve the PRO Drug Screening Policy for use with all of PRO’s clients who are under Board order.  The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).

  9:15 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 Bruce Elliott Franken, R.Ph., Columbus.

12:02 p.m.

The hearing was recessed for lunch.

  1:00 p.m.

The Board convened in Room 1948, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio, for the purpose of meeting with the candidates for licensure by reciprocity with the following members present:

 

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

 

RES. 2002-082  Following presentations by Board members and self-introductions by the candidates for licensure by reciprocity, Mrs. Adelman moved that the Board approve the following candidates for licensure.  The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).

 

KEVIN JAMES COPPLE

          

KANSAS

GINA MARIE CORRADO

 

MISSOURI

TEWODROS GETACHEW

 

INDIANA

ESTAY LEWIS GREENE, JR.

 

PENNSYLVANIA

ANNETTE JEAN MOLONY

 

KENTUCKY

PRISCA NKEIRUKA ONWUMERE

 

MINNESOTA

PRATIXA KANTIBHAI PATEL

 

ILLINOIS

DAVID JOHN PETERSON

 

NEVADA

MARCIA G. WALBERG

 

PENNSYLVANIA

  1:29 p.m.

The Board reconvened in Room South-B&C, 31st Floor, Vern Riffe Center for Govern­ment and the Arts, to continue the hearing in the matter of Bruce Elliott Franken, R.Ph.

  2:22 p.m.

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

  2:32 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 Ralph G. Homer, R.Ph., Olmsted Township.

  3:27 p.m.

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

  3:35 p.m.

Ms. Eastman 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. Kost and a roll call vote was conducted by President Abele as follows: Adelman-Yes, Braylock-Yes, Eastman-Yes, Giacalone-Yes, Lipsyc-Yes, Kost-Yes, Teater-Yes, and Turner-Yes.

  4:40 p.m.

RES. 2002-083  The Executive Session ended and the meeting was opened to the public.  Mr. Turner moved that the Board issue the following Order in the matter of Ralph G. Homer, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-010913-009)

 

In The Matter Of:

 

RALPH G. HOMER, R.Ph.

7192 Timber Lane

Olmsted Twp., Ohio 44138

(R.Ph. No. 03-2-09922)

 

INTRODUCTION

 

THE MATTER OF RALPH G. HOMER CAME FOR HEARING ON DECEMBER 4, 2001 BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ANN D. ABELE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

 

RALPH G. HOMER WAS REPRESENTED BY JOHN R. IRWIN AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

SUMMARY OF EVIDENCE

 

(A)     Testimony

 

State's Witnesses:

 

(1)     James Reye, Ohio State Board of Pharmacy

 

Respondent's Witnesses:

 

(1)     Ralph G. Homer, Respondent

(2)     Marion Homer, Wife of Respondent

(3)     Todd Jaros, R.Ph.

 

(B)     Exhibits

 

State's Exhibits:

 

(1)     Exhibit 1--Copy of four-page Summary Suspension Order/Notice of Opportunity for Hearing letter dated September 13, 2001.

(2)     Exhibit 1A--Hearing Request letter from John R. Irwin, M.D. dated October 2, 2001.

(3)     Exhibit 1B--Copy of Hearing Schedule letter dated October 12, 2001.

(4)     Exhibit 1C-Copy of three-page Amendment Notice dated November 13, 2001.

(5)     Exhibit 1D--Copy of Ohio Pharmacist Computer Record of Ralph George Homer.

(6)     Exhibit 2--One-pint stock bottle labeled "Hydromet Syrup, 5mg and 1.5mg/5ml" manufactured by Alpharma, with handwritten label stating "Removed From Pharmacy Trash ... on 9/1/01 ...".

(7)     Exhibit 3--Amber bottle with handwritten label stating “Found In Pharmacy on 9/6/01 ... 20ml Hydromet Syrup and Hydramine liquid ...”.

(8)     Exhibit 4--Amber prescription vial with handwritten label stating “Taken From Residence, Ralph Homer, 9/6/01, 1 white tab-Vioxx 25mg”.

(9)     Exhibit 5--White prescription vial with handwritten label stating “Taken From Home of Ralph Homer on 9/6/01, 7 white tabs 'M360'-2 Norgesic Forte, 3 yellow caps Mylan 5050”.

(10)   Exhibit 6--Amber prescription vial with handwritten label stating “Taken From R. Homer Residence 9/6/01, 6 yellow caps-Mylan 5050, 3 white tabs- Halcion 0.5mg, 26 yellow tabs-generic valium”.

(11)   Exhibit 7--Amber prescription vial with handwritten label stating “Taken From Home of Ralph Homer on 9/6/01, 5 tabs M360”.