Record of the Proceedings June, 2000

OHIO STATE BOARD OF PHARMACY; 77 S. HIGH STREET, 17th FLOOR; COLUMBUS, OHIO 43266-0320

Phone: 614/466-4143 E-mail: exec@bop.state.oh.us Fax: 614/752-4836

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

Minutes Of The Meeting

Ohio State Board of Pharmacy

Columbus, Ohio

June 12, 13, 14, 2000

MONDAY, JUNE 12, 2000

8:07 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:

Robert B. Cavendish, 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.; Suzanne L. Neuber, R.Ph.; and Nicholas R. Repke, Public Member.

Also present were William T. Winsley, Executive Director; Timothy Benedict, Assistant Executive Director; David Rowland, Legal Affairs Administrator; and Sally Ann Steuk, Assistant Attorney General.

8:08 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 Cavendish as follows: Abele-Yes, Adelman-Yes, Eastman-Yes, Giacalone-Yes, Kost-Yes, Neuber-Yes, and Repke-Yes.

8:50 a.m.

RES. 2000-178 The Executive Session ended and the Board meeting resumed in Public Session. Ms. Eastman moved that the Board grant the continuance request in the matter of Seaport Chemical and Supply. The motion was seconded by Mrs. Adelman and approved by the Board (Aye-7/Nay-0).

8:52 a.m.

RES. 2000-179 Mr. Winsley reported that the following Settlement Agreement in the matter of Newtown Fire and Rescue had been signed by all parties and became effective on June 12, 2000:

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-000211-046)

In the Matter of:

NEWTOWN FIRE AND RESCUE

c/o Scott Frame, M.D.

3537 Church Street

Newtown, Ohio 45244

(Terminal Distributor No. 02-0980900)

THIS SETTLEMENT AGREEMENT IS ENTERED INTO BY AND BETWEEN NEWTOWN FIRE AND RESCUE 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.

NEWTOWN FIRE AND RESCUE VOLUNTARILY 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, AND THE RIGHT TO APPEAL. NEWTOWN FIRE AND RESCUE ACKNOWLEDGES THAT BY ENTERING INTO THIS AGREEMENT IT HAS WAIVED ITS RIGHTS UNDER CHAPTER 119. OF THE REVISED CODE.

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, Newtown Fire and Rescue is a licensed terminal distributor of dangerous drugs in the state of Ohio.

WHEREAS, on or about February 11, 2000, pursuant to Chapter 119. of the Ohio Revised Code, Newtown Fire and Rescue 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. The February 11, 2000, Notice of Opportunity for Hearing contains the following allegations or charges:

(1) Records of the State Board of Pharmacy indicate that Scott Frame, M.D. is the responsible person for Newtown Fire and Rescue, terminal distributor license number 02-0980900, pursuant to Section 4729.55 of the Ohio Revised Code.

(2) Newtown Fire and Rescue allowed its terminal distributor license to lapse from January 1, 1998, to November 4, 1999. Such conduct is in violation of Section 4729.54(I) of the Ohio Revised Code.

WHEREAS, Newtown Fire and Rescue admits to the allegations or charges, and the Board hereby adjudicates the same.

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

WHEREAS, Newtown Fire and Rescue, 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 Newtown Fire and Rescue 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 Newtown Fire and Rescue, set forth in the Notice of Opportunity for Hearing.

WHEREAS, Newtown Fire and Rescue 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.

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 Sections 4729.25(B) and 4729.57 of the Ohio Revised Code, Newtown Fire and Rescue is hereby reprimanded.

(B) Newtown Fire and Rescue agrees to pay licensing and late fees for the 1998 through 2000 renewal periods in the amount of $447.50. (Paid on November 4, 1999.)

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/ Scott Frame MD /d/ 30 Apr 00

Scott Frame, M.D., Responsible Person Date of Signature

Newtown Fire & Rescue

/s/ R. Douglas Miller /d/ 5/1/00

R. Douglas Miller, Attorney for the Village of Newtown Date of Signature

/s/ Robert B Cavendish /d/ 6/12/00

Robert B. Cavendish, President, Ohio State Board of Pharmacy Date of Signature

/s/ Sally Ann Steuk /d/ 7-6-00

Sally Ann Steuk, Ohio Assistant Attorney General Date of Signature

8:55 a.m.

The Board took a brief recess and toured the Pharmacy Board office to review the progress of the construction.

9:27 a.m.

The meeting resumed. The Board discussed the meeting schedule for FY 2001. There was a conflict between the May, 2001 Board meeting and the Annual Meeting of the National Association of Boards of Pharmacy. Ms. Abele moved that the Board’s meeting in May, 2001 be rescheduled to a one-day meeting to be held on May 15, 2001. The motion was seconded by Ms. Eastman and approved by the Board (Aye-7/Nay-0).

9:35 a.m.

RES. 2000-180 Mr. Winsley then presented the invoice for continued membership dues from the National Association of State Controlled Substance Authorities (NASCSA) for the Board’s approval. The $150 dues were to cover membership in the organization for July 1, 2000 through June 30, 2001. After discussion, Ms. Abele moved that the Board approve the payment of these dues. The motion was seconded by Mr. Repke and approved by the Board (Aye-7/Nay-0).

9:45 a.m.

RES. 2000-181 Mr. Winsley next presented a request from the American Council on Pharmaceutical Education (ACPE) for a Board member to accompany an ACPE accreditation team to the University of Cincinnati College of Pharmacy on October 24-26, 2000. After discussion, Mr. Cavendish appointed Larry Kost to represent the Board during that accreditation visit. The Board will be required to cover Mr. Kost’s expenses for the visit.

10:01 a.m.

RES. 2000-182 The Board then discussed the appointment of the two pharmacists to the Nursing Board’s Committee on Prescriptive Governance. Under the terms of HB 241, it was necessary for the appointments to be made by this month’s meeting. Ms. Eastman moved that Board member Larry Kost, R.Ph. be appointed as the Board member representative and that Ruth Plant, R.Ph. be appointed as the clinical representative. The appointments are to be effective for one year. The motion was seconded by Ms. Abele and approved by the Board (Aye-7/Nay-0).

10:10 a.m.

Mr. Winsley, Mr. Benedict, and the Board discussed current and pending legislation. The discussion was based on the status listing of legislation that was distributed with the agenda for the meeting. There were no items requiring formal action by the Board.

10:35 a.m.

Ms. Abele reported on the activities of the Nursing Board’s Formulary Committee. The committee will meet in August with the Committee on Prescriptive Governance.

10:40 a.m.

The Board took a brief recess.

11:00 a.m.

RES. 2000-183 Mr. Littlejohn arrived and the meeting resumed. The Board was joined by Don Schneider, R.Ph. of Riverside Methodist Hospital and James Klepcyk, R.Ph. of the Pyxis Corporation to discuss Riverside’s use of Pyxis Connect. After discussion, the consensus of the Board was that this system would be acceptable, subject to periodic review and inspection to insure continued compliance with Ohio laws and rules.

11:25 a.m.

The Board recessed for lunch.

1:00 p.m.

The meeting resumed with all members present. Mr. Repke moved that the Board go into Executive Session to consider the employment of a public official pursuant to Section 121.22(G)(1) of the Revised Code. The motion was seconded by Mrs. Adelman and a roll call vote was conducted by President Cavendish as follows: Abele-Yes, Adelman-Yes, Eastman-Yes, Giacalone-Yes, Kost-Yes, Littlejohn-Yes, Neuber-Yes, and Repke-Yes.

1:30 p.m.

The Executive Session ended and the Board meeting was opened to the public.

1:33 p.m.

Assistant Attorney General Sally Ann Steuk joined the Board for the purpose of presenting for adjudication, in accordance with Ohio Revised Code Chapters 119. and 4729., the matter of Nick C. Strovilas, Ironton.

2:24 p.m.

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

2:33 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 Cavendish as follows: Abele-Yes, Adelman-Yes, Eastman-Yes, Giacalone-Yes, Kost-Yes, Littlejohn-Yes, Neuber-Yes, and Repke-Yes.

3:10 p.m.

RES. 2000-184 The Executive Session ended and the meeting was opened to the public. Ms. Abele moved that the Board deny the request for reconsideration of its Order in the matter of Robert F. Tschinkel. The motion was seconded by Mrs. Neuber and approved by the Board (Aye-8/Nay-0).

RES. 2000-185 The Board then considered the request for an expedited hearing in the matter of Randy D. Mosier, R.Ph. Mr. Mosier was scheduled for a hearing on September 6, 2000, but requested an earlier date through his attorney. After a review of the Board’s hearing and meeting schedule, it was the consensus of the Board that no earlier date would be possible and that Mr. Mosier’s request would have to be denied.

3:19 p.m.

RES. 2000-186 Ms. Eastman moved that the Board adopt the following Order in the matter of Nick C. Strovilas, R.Ph., Ironton:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-000330-051)

In The Matter Of:

NICK C. STROVILAS, R.Ph.

522 N. Third Street

Toronto, Ohio 43964

(R.Ph. No. 03-2-07171)

INTRODUCTION

THE MATTER OF NICK C. STROVILAS CAME FOR CONSIDERATION ON JUNE 12, 2000, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ROBERT B. CAVENDISH, 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.; SUZANNE L. NEUBER, R.Ph.; AND NICHOLAS R. REPKE, PUBLIC MEMBER.

NICK C. STROVILAS WAS NOT PRESENT, NOR WAS HIS COUNSEL PRESENT, 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) None

(B) Exhibits

State's Exhibits:

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

(2) Exhibit 1A--Hearing Request letter dated April 28, 2000, from Attorney Frank M. Moore received in the Board office on May 8, 2000, with envelope displaying two stamped dates as follows: April 28, 2000, made by. Pittsburgh PA Meter No. 5004822, and May 4, 2000, made by the Pittsburgh PA 152 Post Office for cancellation.

(3) Exhibit 1B--Copy of letter from David L. Rowland dated May 11, 2000.

(4) Exhibit 1C--Copy of Pharmacist File Front Sheet of Nick G. Strovilas showing original date of registration as March 8, 1960; and copy of Ohio Board of Pharmacy, Pharmacists/Interns licensing information report for R.Ph. No. 03-2-07171 of Nick C. Strovilas dated May 17, 2000.

(5) Exhibit 2--Copy of Dangerous Drug Distributor Inspection Reports of Mike’s Rexall Pharmacy, Terminal Distributor No. 02-05-2847 and/or 02-0123650, as follows: report dated March 22, 1982; report dated March 28, 1983; report dated August 8, 1984; report dated August 17, 1989; three-page report dated December 12, 1991; report dated November 2, 1992; and two-page report dated May 3, 1994; and copy of letter from Michael Popovich dated May 18, 1994.

(6) Exhibit 3--Copy of six-page Dangerous Drug Distributor Inspection Report of Mike’s Rexal (sic) Pharmacy, Terminal Distributor No. 02-0123650, dated March 30, 1998.

(7) Exhibit 4--Copy of six-page list of adulterated drugs, sample drugs, and outdated drugs removed from Mike’s Pharmacy, Case No. 98-1192.

(8) Exhibit 5--Prescription vial with Mike’s Pharmacy label containing 24 sample tablets of Monopril 10mg with the word “Sample” crudely scraped off the tablets; prescription vial containing 94 sample tablets of Monopril 10mg with the word “Sample” crudely scraped off the tablets; and prescription vial containing small piece of paper labeled “Soma Compound” and 80 sample tablets of Soma Compound 200/325 with the word “Sample” crudely scraped off the tablets.

(9) Exhibit 6--Two starter sample vials of SYN-Rx DM tablets with physician label.

(10) Exhibit 7--Copy of fourteen-page Dangerous Drug Distributor Inspection Report of Mikes Rexall Pharmacy, Terminal Distributor No. 02-0123650, dated April 1, 1998.

(11) Exhibit 8--Copy of twelve-page response to the “Pink Sheet” violations recorded on the April 1, 1998, Dangerous Drug Distributor Inspection Report of Mikes Rexall Pharmacy signed by Michael Popovich and Nick Strovilas on April 1, 1998.

(12) Exhibit 9--Copies of twenty-seven Accountability Statements of Mikes Rexall Pharmacy, Terminal Distributor No. 02-0123650, for the audit period of April 30, 1996, through March 30, 1998, dated January 10, 1999, for the following drugs: Ultram 50mg; Soma-Carisoprodol; Oxycontin 40mg; Oxycontin 20mg; Oxycontin 10mg; Tylox and Roxilox 5/500; Percodan and Oxycodone/APAP; Percocet, Roxicet, and Oxycodone/APAP; Valium 10mg (Diazepam); Valium 5mg (Diazepam); Valium 2mg (Diazepam); Ativan 2mg (Lorazepam); Ativan 1mg (Lorazepam); Ativan .5mg (Lorazepam); Xanax 1mg (Alprazolam); Xanax 0.5mg (Alprazolam); Xanax 0.25mg (Alprazolam); Lorcet 10/650 (Hydrocodone Bitartrate); Lorcet Plus 7.5/650 (Hydrocodone Bitartrate/APAP); Lortab 7.5/500 (Hydrocodone Bitartrate); Vicodin ES 7.5/750 (Hydrocodone Bitartrate); MS Contin 15mg (Morphine Sulfate); MS Contin 30mg (Morphine Sulfate); Ritalin 10mg (Methylphenidate); Ritalin SR 20mg (Methylphenidate); Vicodin and Lortab 5/500 (Hydrocodone Bitartrate); and Darvocet N/100 (Propoxyphene Napsylate).

(13) Exhibit 10--Copies of two pages of patient profile records of Richard Shimmel dated from January 18, 1996, through February 1, 1998; and, copies of the following prescriptions 380208, 379409, 382985, 382842, 379962, 379665, 384247, 380207, 382938, 383018, 378928, 379591, 379636, and 378650.

(14) Exhibit 11--Three-page copy of Ohio State Board of Pharmacy Report of Investigation, Case No. 98-1192, Statement of Richard Shimmel, signed and notarized on November 15, 1999.

(15) Exhibit 12--Copy of prescription number 384886.

(16) Exhibit 13--Copies of eleven pages of Lathem family profiles (Charles, Deidra, and Sequoia) dated from January 4, 1996, through March 23, 1998.

(17) Exhibit 14--Copies of nineteen prescriptions numbered as follows: 382290, 379322, 379119, 383711, 384377, 384884, 384885, 383710, 383890, 384535, 381047, 381869, 376653, 375422, 378397, 378822, 378543, 378823, and 379120.

(18) Exhibit 15--Copy of two-page Ohio State Board of Pharmacy Report of Investigation, Case No. 98-1192, by Agent David Gallagher dated April 8, 1998.

(19) Exhibit 16--Copies of five pages of patient profile records of Robert Swiger, Sr. dated from January 11, 1996, through March 23, 1998.

(20) Exhibit 17--Copy of five spreadsheets regarding Robert D. Swiger, Case No. 98-1429, dated October 22, 1998

(21) Exhibit 18--Copy of eleven-page Ohio State Board of Pharmacy Report of Investigation, Case No. 98-1192, Statement of Robert Swiger, Sr. signed and notarized on December 22, 1999.

(22) Exhibit 19--Copy of nine-page Ohio State Board of Pharmacy Report of Investigation, Case No. 98-1192, Statement of Crist Strovilas, M.D. signed and notarized on December 6, 1999.

(23) Exhibit 20--Twenty-page copy of Ohio State Board of Pharmacy Report of Investigation regarding the Statement of Michael Popovich, signed and notarized on November 15, 1999.

(24) Exhibit 21--Copy of thirty-four-page Ohio State Board of Pharmacy Report of Investigation, Case No. 98-1192, Statement of Nick Strovilas, R.Ph. signed and notarized December 6, 1999.

(25) Exhibit 22--Copy of prescription number 381877.

(26) Exhibit 23--Copy of prescription number 384889.

(27) Exhibit 24--Copy of prescription number 385222.

(28) Exhibit 25--Copy of prescription number 383877.

(29) Exhibit 26--Copy of prescription number 384255.

(30) Exhibit 27--Copy of prescription number 378864.

(31) Exhibit 28--Copy of prescription number 379981.

(32) Exhibit 29--Copy of prescription number 382349.

(33) Exhibit 30--Copy of fourteen-page, thirty-eight-count Indictment, in the Jefferson County Court of Common Pleas, State of Ohio vs. Nick C. Strovilas, Case No. 00-CR-17, dated February 2, 2000.

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 March 30, 2000, Nick C. Strovilas 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 return receipt, not dated, Nick C. Strovilas received the letter of March 30, 2000, informing him of the allegations against him, and his rights.

(3) Nick C. Strovilas did not request a hearing in a timely manner pursuant to Chapter 119. of the Ohio Revised Code, and the matter was referred to the Board for consideration.

(4) Records of the State Board of Pharmacy indicate that Nick C. Strovilas was originally licensed in the state of Ohio on March 8, 1960, pursuant to examination. Records further indicate that Nick C. Strovilas’ license lapsed on September 15, 1998.

(5) Nick C. Strovilas did, from on or about April 30, 1996, through September 15, 1998, being employed by, or associated with, an enterprise and conducted or participated in, directly or indirectly, the affairs of the enterprise through a pattern of corrupt activity or the collection of an unlawful debt when the conduct was not in accordance with Chapters 3719. and 4729. of the Ohio Revised Code, to wit: Nick C. Strovilas engaged in a pattern of corrupt criminal activity by continuously committing felony drug crimes. Such conduct is in violation of Section 2923.32(A)(1) of the Ohio Revised Code.

(6) Nick C. Strovilas did, from on or about April 30, 1996, through April 1, 1998, knowingly furnish another a sample drug, to wit: Nick C. Strovilas obtained the following drug samples from Jefferson County physicians and furnished them to Mike’s Pharmacy to sell to patients:

Contents of Evidence Box #2:

Sample Drug/Strength/Form	Type of container	Qty found in the vial	Qty noted on the vial
Altace cap	mfg. pkg.	191	192
Altace cap	mfg. pkg.	175	176
Amaryl 2mg	mfg. pkg.	49	48
Amaryl 4mg	mfg. pkg.	47	48
Capozide 25mg	mfg. pkg.	266	270
Capozide tab	mfg. pkg.	106	72
Corgard	mfg. pkg.	95	112
Corzide 5mg tablet	vial	305	no #
Covera-HS tab	vial	100	180
Covera-HS tab 240mg	mfg. pkg.	75	75
Diovan 80mg	mfg. pkg.	107	108
Lotensin 10mg	mfg. pkg.	416	70
Lotrel 10/2.5 cap	mfg. pkg.	95	no #
Monopril 10mg tab	vial	126	no #
Monopril 10mg tab	mfg. pkg.	236	105
Monopril tablet	mfg. vial	670	no #
Mykrox tablet	vial	60	60
Nizoral tablet	vial	34	20
Pravachol tab	mfg. pkg.	44	4
Rynatan tab	vial	66	88
Rynatan tab	vial	60	108
Rynatuss tab	vial	8	8
Serzone tablets	vial	27	no #
Serzone tablets	mfg. pkg.	178	167
Suprax 400mg tab	mfg. pkg.	25	no #
Suprax 400mg tab	vial	36	36
Suprax tab	vial	18	25
Synthroid tabs	vial	32	no #
Synthroid 175mg	mfg. pkg.	42	42
Tegretol 200mg tab	mfg. pkg.	95	8
Trandate 200mg tabs (split in half)	vial	30	no #
Vaseretic 10/25 tabs	mfg. pkg.	113	4
Vaseretic 5/12.5 tabs	mfg. pkg.	111	4
Verelan 180mg cap	mfg. pkg.	105	no #
Verelan 360mg caps	vial	50	no #
Verelan 120mg tab	mfg. pkg.	19	20
Zocor 40mg tablet	vial	113	112
Zoloft tab	mfg. pkg.	164	168

Contents of Evidence Box #3:

Sample Drug/Strength/Form	Type of container	Qty found in the vial	Qty noted on the vial
Altace cap	mfg. pkg.	191	192
Anaprox DS tabs	mfg. bottle	170	no #
Avapro 150mg	vial	91	91
Coreg 6.25	vial	140	140
Duratuss G 1200mg	vial	25	50
Effexor 75mg	vial	12	12
Effexor 37.5 tabs	vial	120	120
Fosamax 10mg tab	vial	18	18
Fosamax 5mg tab	vial	35	36
Fumadine tabs	vial	29	30
Lodine 500mg tabs	mfg. bottle	78	108
Loterl 5/20 cap	vial	48	48
Lotrel 2.5/10	vial	95	96
Mavik 1mg tabs	vial	97	91
Mavik 1mg tabs	vial	420	420
Microzide 12.5mg caps	vial	56	56
Microzide 12.5mg caps	vial	220	240
Nu-Iron tabs	vial	11	11
Slow Fe tabs	vial	120	no #
Tarka 1/240 tab	vial	35	35
Tarka 2/180 tab	vial	105	105
Tarka 2/240 tab	vial	70	70
Tarka 2/240 tab	vial	35	35
Tarka 4/240	vial	35	35
Tarka 4/240	vial	69	70
Tiazac 360mg caps	vial	34	35
Tritec 400mg	vial	139	140
Valtrex 500mg tab	vial	65	61

Contents of Evidence Box #4:

Sample Drug/Strength/Form	Type of container	Qty found in the vial	Qty noted on the vial
Altace cap	mfg. pkg.	191	192
Anatuss LA tabs	mfg. bottle	232	221
Covera-HS 180mg tabs	mfg. bottle	174	175
Duratuss 1200mg	mfg. bottle	50	54
Lodine 500mg	mfg. bottle	252	230
Phrenilin 50mg	mfg. bottle	166	168
Phrenilin Forte 50mg caps	vial	54	54
Precose 50mg	mfg. bottle	374	470
Sedapap 50 / 650	mfg. bottle	99	236
Semprex caps	mfg. bottle	239	348
Valtrex 500mg	mfg. bottle	156	156
Zephrex LA tabs	mfg. bottle	76	96
Zyflo 600mg	mfg. bottle	95	96

Contents of Evidence Box #7:

Sample Drug/Strength/Form	Type of container	Qty found in the vial	Qty noted on the vial
Cardizem 240mg CD tabs	vial	56	no #
EC -Naprosyn 500mg tab	vial	59	no #
EC-Naprosyn 375mg tabs	vial	69	70
Lorabid 200mg caps	vial	6	72
Lorabid 200mg caps	vial	60	60
Lorabid 400mg caps	vial	20	20
Lotensin 10mg tabs	mfg. vial	180	100
Lotrel 5 / 10 (sample handwritten on the label)	vial	45	48
Paxil 30mg tabs	vial	30	no #
Precose 50mg tabs	mfg. vial	204	100
Prilosec 10mg caps	vial	44	70
Prozac 30mg caps	vial	52	no #
Prozac 20mg caps	mfg. vial	129	100
Prozac 20mg caps	mfg. vial	79	30
Prozac 20mg caps	mfg. vial	143	100
Prozac 30mg caps	vial	80	no #
Seldane 60mg tabs	mfg. vial	157	100
Syn-Rx DM tabs (two vials banded together w/sample pkt)	vials / pkt	78

Contents of Evidence Box #9:

Sample Drug/Strength/Form	Type of container	Qty found in the vial	Qty noted on the vial
Arthrotec 75mg tabs (with patient name John Smuda)	vial	11	14
Cefzil 500mg	vial	14	24
Cipro 750 tabs	vial	3	no #
Cipro Cystitis 100mg tabs	vial	18	18
Cystospaz .375mcg caps	sample vial	21	12
Deconsal Sprinkle cap	sample vial	25	4
Dulcolax 5mg tab	sample vial	17	5
Famvir 125mg tabs	vial	127	95
Famvir 250mg tab	vial	15	15
Generic Elavil 100mg	vial	183	no #
Hemaspan tab	vial	24	24
Lamisil Tabs	vial	12	12
Levaquin 250mg tab	vial	14	12
Maxaquin 400mg tabs	vial	8	8
Mevacor 10mg	vial	96	96
Naprosyn 375mg tabs	vial	5	20
Normodyne 100mg tabs	mfg vial	194	100
Pink Gray capsule (Unknown)	vial	44	no #
Posicor 100mg tab	vial	28	28
Posicor 50mg tab	vial	28	no #
Posicor 50mg tab	vial	139	140
Premphase .625mg / 5mg	vial	140	140
Prozac 10mg caps	vial	7	no #
Seldane tablets (National Rx vial w/label for William Apesos)	patient vial	38	60
Synthroid 112mcg tabs	vial	42	42
Synthroid tab	vial	42	42
Theo 400mg	vial	18	no #
Tolectin 600mg	sample vial	42	6
Toprol XL 200mg tab	sample vial	26	7
Uni-Dur 400mg tabs (in a 600 mg sample bottle)	sample vial	21	7
Uro-Mag caps	sample vial	119	60
Ziac 10 / 6.25mg tabs	vial	5	no #
Zocor 40mg	vial	86	136
Zocor 5mg tabs	sample vial	8	4
Zoloft 50mg tabs	mfg vial	301	100
Zoloft 50mg tabs	vial	278	no #
Zovirax 400mg	vial	10	10

Contents of Evidence Box #11:

Sample Drug/Strength/Form	Type of container	Qty found in the vial	Qty noted on the vial
Axocet	mfg. vial	66	72
Covera-HS 240mg tab	mfg. vial	198	200
EC Naprosyn 500mg	mfg. vial	90	160
Lotrel 2.5mg	vial	48	48
Midrin 65/100/325	vial	60	no #
Naprelan 500mg tabs	mfg. vial	169	216
Pink Tab P/F no label on vial	mfg. vial	269	no #
Pink Tab P/F no label on vial	mfg. vial	261	no #
Premphase .625	vial	42	42
Premphase .625	vial	42	42
Sporonax	mfg. vial	61	no #
Sular 20mg	mfg. vial	185	416
Sular 20mg	mfg. vial	151	252
Tarka 1/240	mfg. vial	104	70
Theo-24 200mg caps	mfg. vial	203	223
Tiazac 180mg caps	mfg. vial	247	379
Tiazac 300mg caps	mfg. vial	135	285
Trinalin 3.72 tabs	mfg. vial	668	no #
Trinalin 3.72 tabs	mfg. vial	140	no #
Uniphyl 600mg	Smuckers Jar	298	298
Univasc 15mg
( pills are split in the bottle )	vial	29	no #
Univasc 15mg
( pills are split in the bottle )	vial	32	no #
Univasc 15mg tabs	mfg. vial	708	770
Zyflo 600mg	mfg. vial	64	64

Such conduct is in violation of Section 2925.36 of the Ohio Revised Code.

(7) Nick C. Strovilas did, on or about April 30, 1996, through September 15, 1998, adulterate, mutilate, destroy, obliterate or remove of the whole or any part of the labeling of a drug, while the article was held for sale, resulting in the article being misbranded, to wit: agents of the Board discovered that the word “sample” was crudely scrapped off medications in an attempt to alter their distribution appearance prior to sale; the following are examples of Nick C. Strovilas’ conduct:

Drug	Quantity
Monopril 10mg	24
Monopril 10mg	94
Soma Compound 200/325	80

Such conduct is in violation of Section 3715.52(A) of the Ohio Revised Code.

(8) Nick C. Strovilas did, on or about January 26, 1998, knowingly make a false statement in a prescription order, report or record required by Chapter 3719. or 4729. of the Revised Code, to wit: Nick C. Strovilas created prescription number 384886 for 40 unit doses of Vicodin ES, a Schedule III controlled substance, when not authorized by a practitioner in violation of Section 2925.23(A) of the Ohio Revised Code.

(9) Nick C. Strovilas did, on or about January 26, 1998, sell a controlled substance in an amount exceeding the bulk amount but not exceeding five times the bulk amount when the conduct was not in accordance with Chapters 3719. and 4729. of the Ohio Revised Code, to wit: Nick C. Strovilas sold 40 unit doses of Vicodin ES, a Schedule III controlled substance, without a legitimate prescription and without legitimate medical purpose pursuant to prescription number 384886. Such conduct is in violation of Section 2925.03(A) of the Ohio Revised Code.

(10) Nick C. Strovilas did, on or about February 1, 1998, knowingly make a false statement in a prescription order, report or record required by Chapter 3719. or 4729. of the Revised Code, to wit: Nick C. Strovilas created prescription number 384886 for 40 unit doses of Vicodin ES, a Schedule III controlled substance, when not authorized by a practitioner in violation of Section 2925.23(A) of the Ohio Revised Code.

(11) Nick C. Strovilas did, on or about February 1, 1998, sell a controlled substance in an amount exceeding the bulk amount but not exceeding five times the bulk amount when the conduct was not in accordance with Chapters 3719. and 4729. of the Ohio Revised Code, to wit: Nick C. Strovilas sold 40 unit doses of Vicodin ES, a Schedule III controlled substance, without a legitimate prescription and without a legitimate medical purpose pursuant to prescription number 384886. Such conduct is in violation of Section 2925.03(A) of the Ohio Revised Code.

(12) Nick C. Strovilas did, on or about April 15, 1997, knowingly make a false statement in a prescription order, report or record required by Chapter 3719. or 4729. of the Revised Code, to wit: Nick C. Strovilas created prescription number 381877 for 30 unit doses of Rynatan 30mg when not authorized by a practitioner in violation of Section 2925.23(A) of the Ohio Revised Code.

(13) Nick C. Strovilas did, on or about January 27, 1998, knowingly make a false statement in a prescription order, report or record required by Chapter 3719. or 4729. of the Revised Code, to wit: Nick C. Strovilas created prescription number 384889 for 20 unit doses of Biaxin 500mg when not authorized by a practitioner in violation of Section 2925.23(A) of the Ohio Revised Code.

(14) Nick C. Strovilas did, on or about February 20, 1998, knowingly make a false statement in a prescription order, report or record required by Chapter 3719. or 4729. of the Revised Code, to wit: Nick C. Strovilas created prescription number 385222 for 60 unit doses of Ultram 50mg when not authorized by a practitioner in violation of Section 2925.23(A) of the Ohio Revised Code.

(15) Nick C. Strovilas did, on or about October 20, 1997, knowingly make a false statement in a prescription order, report or record required by Chapter 3719. or 4729. of the Revised Code, to wit: Nick C. Strovilas created prescription number 383877 for 90 unit doses of Soma 350mg when not authorized by a practitioner in violation of Section 2925.23(A) of the Ohio Revised Code.

(16) Nick C. Strovilas did, on or about November 21, 1997, knowingly make a false statement in a prescription order, report or record required by Chapter 3719. or 4729. of the Revised Code, to wit: Nick C. Strovilas created prescription number 384255 for 90 unit doses of Soma 350mg when not authorized by a practitioner in violation of Section 2925.23(A) of the Ohio Revised Code.

(17) Nick C. Strovilas did, on or about December 22, 1997, knowingly make a false statement in a prescription order, report or record required by Chapter 3719. or 4729. of the Revised Code, to wit: Nick C. Strovilas created prescription number 384255 for 90 unit doses of Soma 350mg when not authorized by a practitioner in violation of Section 2925.23(A) of the Ohio Revised Code.

(18) Nick C. Strovilas did, on or about January 19, 1998, knowingly make a false statement in a prescription order, report or record required by Chapter 3719. or 4729. of the Revised Code, to wit: Nick C. Strovilas created prescription number 384255 for 90 unit doses of Soma 350mg when not authorized by a practitioner in violation of Section 2925.23(A) of the Ohio Revised Code.

(19) Nick C. Strovilas did, on or about February 16, 1998, knowingly make a false statement in a prescription order, report or record required by Chapter 3719. or 4729. of the Revised Code, to wit: Nick C. Strovilas created prescription number 384255 for 90 unit doses of Soma 350mg when not authorized by a practitioner in violation of Section 2925.23(A) of the Ohio Revised Code.

(20) Nick C. Strovilas did, on or about March 16, 1998, knowingly make a false statement in a prescription order, report or record required by Chapter 3719. or 4729. of the Revised Code, to wit: Nick C. Strovilas created prescription number 384255 for 90 unit doses of Soma 350mg when not authorized by a practitioner in violation of Section 2925.23(A) of the Ohio Revised Code.

(21) Nick C. Strovilas did, on or about July 18, 1996, knowingly make a false statement in a prescription order, report or record required by Chapter 3719. or 4729. of the Revised Code, to wit: Nick C. Strovilas created prescription number 378864 for 60 unit doses of Xanax .5mg, a Schedule IV controlled substance, when not authorized by a practitioner in violation of Section 2925.23(A) of the Ohio Revised Code.

(22) Nick C. Strovilas did, on or about October 31, 1996, knowingly make a false statement in a prescription order, report or record required by Chapter 3719. or 4729. of the Revised Code, to wit: Nick C. Strovilas created prescription number 379961 for 30 unit doses of Xanax .5mg, a Schedule IV controlled substance, when not authorized by a practitioner in violation of Section 2925.23(A) of the Ohio Revised Code.

(23) Nick C. Strovilas did, on or about November 18, 1996, knowingly make a false statement in a prescription order, report or record required by Chapter 3719. or 4729. of the Revised Code, to wit: Nick C. Strovilas created prescription number 379961 for 30 unit doses of Xanax .5mg, a Schedule IV controlled substance, when not authorized by a practitioner in violation of Section 2925.23(A) of the Ohio Revised Code.

(24) Nick C. Strovilas did, on or about December 9, 1996, knowingly make a false statement in a prescription order, report or record required by Chapter 3719. or 4729. of the Revised Code, to wit: Nick C. Strovilas created prescription number 379961 for 30 unit doses of Xanax .5mg, a Schedule IV controlled substance, when not authorized by a practitioner in violation of Section 2925.23(A) of the Ohio Revised Code.

(25) Nick C. Strovilas did, on or about January 7, 1997, knowingly make a false statement in a prescription order, report or record required by Chapter 3719. or 4729. of the Revised Code, to wit: Nick C. Strovilas created prescription number 379961 for 30 unit doses of Xanax .5mg, a Schedule IV controlled substance, when not authorized by a practitioner in violation of Section 2925.23(A) of the Ohio Revised Code.

(26) Nick C. Strovilas did, on or about May 27, 1997, knowingly make a false statement in a prescription order, report or record required by Chapter 3719. or 4729. of the Revised Code, to wit: Nick C. Strovilas created prescription number 382349 for 30 unit doses of Ultram 350mg when not authorized by a practitioner in violation of Section 2925.23(A) 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 (5) through (26) of the Findings of Fact constitute being guilty of a felony or 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 (5) through (26) 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 paragraphs (5) through (26) 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 Sections 3715.52 to 3715.72 or Chapter 2925. 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, the State Board of Pharmacy takes the following actions in the matter of Nick C. Strovilas:

(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. 03-2-07171, held by Nick C. Strovilas 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. 03-2-07171, held by Nick C. Strovilas 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. 03-2-07171, held by Nick C. Strovilas effective as of the date of the mailing of this Order.

Pursuant to Section 4729.16(B) of the Ohio Revised Code, Nick C. Strovilas 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. The certificate and identification card should be sent 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 Mr. Littlejohn and approved by the Board (Aye-8/Nay-0).

3:23 p.m.

The Board meeting recessed until Tuesday, June 13, 2000.

TUESDAY, june 13, 2000

8:05 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:

Robert B. Cavendish, 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.; and Nicholas R. Repke, Public Member.

8:14 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. Adelman and a roll call vote was conducted by President Cavendish as follows: Abele-Yes, Adelman-Yes, Giacalone-Yes, Kost-Yes, and Repke-Yes.

8:18 a.m.

Mrs. Neuber joined the Executive Session in progress.

8:21 a.m.

RES. 2000-187 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 William C. Ringle, R.Ph. (03-3-11849) 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. Repke and approved by the Board (Aye-5/Nay-0/Abstain-1[Neuber]).

8:25 a.m.

RES. 2000-188 Mr. Winsley presented a request from Ritzman Pharmacy and Summa Health System for an exemption from the prohibition of a pick-up station pursuant to Rule 4729-5-10 of the Administrative Code. Mrs. Neuber moved that the exemption be granted with the provision that any medications that are not delivered to the patients’ homes by the close of business must be returned to the pharmacy for storage. The motion was seconded by Mr. Giacalone and approved by the Board (Aye-6/Nay-0).

8:35 a.m.

RES. 2000-189 Mr. Benedict presented a request from Jay Belcher, R.Ph. that he be permitted to work as a cook at Clermont Mercy Hospital without being considered in violation of his Board Order. After discussion, the consensus of the Board was that this would not be a violation of his Board Order.

8:44 a.m.

After a discussion of the proposed Minutes for the May 1, 2, 3, 2000 Board meeting, Ms. Abele moved that they be approved as amended. The motion was seconded by Mrs. Neuber and approved by the Board (Aye-6/Nay-0).

Mr. Littlejohn arrived and joined the meeting in progress.

8:45 a.m.

The Board took a brief recess.

9:19 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 James Murray Bayless, R.Ph., Fort Thomas, Kentucky.

11:16 a.m.

The hearing concluded and the record was closed.

11:25 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. Neuber and a roll call vote was conducted by President Cavendish as follows: Abele-Yes, Adelman-Yes, Giacalone-Yes, Kost-Yes, Littlejohn-Yes, Neuber-Yes, and Repke-Yes.

11:35 a.m.

RES. 2000-190 The Executive Session ended and the meeting was opened to the public. Mrs. Neuber moved that the Board adopt the following Order in the matter of James Murray Bayless, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-990908-018)

In The Matter Of:

JAMES MURRAY BAYLESS, R.Ph.

431 Highland Avenue

Fort Thomas, KY 41073

(R.Ph. No. 03-3-10368)

INTRODUCTION

THE MATTER OF JAMES MURRAY BAYLESS CAME FOR HEARING ON JUNE 13, 2000, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ROBERT B. CAVENDISH, R.Ph. (presiding); ANN D. ABELE, R.Ph.; DIANE C. ADELMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; LAWRENCE J. KOST, R.Ph.; AMONTE B. LITTLEJOHN, R.Ph.; SUZANNE L. NEUBER, R.Ph.; AND NICHOLAS R. REPKE, PUBLIC MEMBER.

JAMES MURRAY BAYLESS WAS REPRESENTED BY ERIC J. PLINKE, AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

(A) Testimony

State's Witnesses:

(1) Michael Cluxton, Ohio State Board of Pharmacy

Respondent's Witnesses:

(1) James Murray Bayless, Respondent

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

(B) Exhibits

State's Exhibits:

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

(2) Exhibit 1A--Hearing Request letter dated October 5, 1999.

(3) Exhibit 1B--Copy of Hearing Schedule letter dated October 8, 1999.

(4) Exhibit 1C--Hearing Representation and Continuance Request letter dated January 13, 2000.

(5) Exhibit 1D--Copy of Hearing Schedule letter dated January 14, 2000.

(6) Exhibit 1E--Copy of Pharmacist File Front Sheet of James Murray Bayless showing original date of registration as March 6, 1973, and copy of Renewal Application for Pharmacist License No. 03-3-10368 for a license to practice pharmacy in Ohio from September 15, 1999, to September 15, 2000, of James Murray Bayless dated August 1, 1999.

(7) Exhibit 2

(8) Exhibit 3

(9) Exhibit 4

(10) Exhibit 5

(11) Exhibit 6

(12) Exhibit 7

Respondent's Exhibits:

(1) Respondent’s Exhibit List dated June 13, 2000.

(2) Exhibit A--Medical Records Release form of James Bayless dated April 27, 2000; and copies of sixty-six pages of Bethesda Treatment Records regarding James M. Bayless dated from November 29, 1999, through February 10, 2000.

(3) Exhibit B1--Letter from Diane Brock dated May 18, 2000.

(4) Exhibit B2

(5) Exhibit B3--Letter from Jay S. Belcher dated May 21, 2000.

(6) Exhibit B4--Copy of letter from Rick Michler dated December 8, 1999.

(7) Exhibit B5--Letter from Sidney Crow, not dated.

(8) Exhibit C1--Copies of fifteen 12-Step Reaction Sheets dated from January 11, 1999, through February 4, 2000.

(9) Exhibit C2--Copies of three pages of Record of Meeting Attendance of Client No. 144 dated from February 6, 2000, through May 28, 2000.

(10) Exhibit D--Copies of thirteen pages consisting of twelve urine drug screen reports of James Bayless dated from December 13, 1999, through April 27, 2000.

(11) Exhibit E1--Two-page copy of Pharmacists Rehabilitation Organization, Inc. Pharmacist’s Recovery Contract of James M. Bayless dated January 18, 2000.

(12) Exhibit E2--Letter from Matthew E. Fisher dated June 9, 2000.

(13) Exhibit E3--Letter from Matthew E. Fisher, not dated and E-mail message from Keith Wire dated June 7, 2000.

(14) Exhibit E4--Copy of Airborne Express Airbill, No. 3458045360, from Matt Fisher dated May 18, 2000; and copy of Chain of Custody Document/Request Form regarding Donor James M. Bayless dated May 18, 2000.

(15) Exhibit F--Copies of ten Continuing Pharmacy Education Certificates of James Bayless dated from February 20, 2000, through June 2, 2000.

(16) Exhibit G

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 James Murray Bayless was originally licensed in the state of Ohio on March 6, 1973, pursuant to examination, and is currently licensed to practice pharmacy in the state of Ohio.

(2) James Murray Bayless is addicted to and/or abusing liquor or drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy, to wit: James Murray Bayless has admitted that he has a “drinking problem”; James Murray Bayless has admitted consuming a fifth of Vodka on a daily basis, at times with controlled substances; and James Murray Bayless has admitted practicing pharmacy while impaired. Such conduct indicates that James Murray Bayless falls within the ambit of Sections 3719.121(B) and 4729.16(A)(3) of the Ohio Revised Code.

(3)

(4)

CONCLUSIONS OF LAW

(1)

(2) Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraphs (2) 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 paragraph (2) 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 Chapters 3719. and 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 3719.121 of the Ohio Revised Code, the State Board of Pharmacy hereby removes the Summary Suspension Order issued to James Murray Bayless on September 8, 1999.

Pursuant to Section 4729.16 of the Ohio Revised Code, the State Board of Pharmacy takes the following actions in the matter of James Murray Bayless:

(A) On the basis of the Findings of Fact and Conclusions of Law, the State Board of Pharmacy hereby indefinitely suspends the pharmacist identification card, No. 03-3-10368, held by James Murray Bayless and such suspension is effective as of the date of the mailing of this Order.

(1) James Murray Bayless, 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 Board of Pharmacy to possess or distribute dangerous drugs during such period of suspension.

(2) James Murray Bayless, 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. The certificate and identification card should be sent by certified mail, return receipt requested.

(B) Further, two years from the effective date of this Order or thereafter, the Board will consider any petition filed by James Murray Bayless for a hearing, pursuant to Ohio Revised Code Chapter 119., for reinstatement. The Board will only consider reinstatement of the license to practice pharmacy in Ohio if the following conditions have been met:

(1) James Murray Bayless must obtain, within 90 days after the effective date of this Order, a full psychiatric or psychological evaluation by a licensed psychiatrist or psychologist that includes a recommended treatment plan. James Murray Bayless must abide by the treatment plan as designed by that psychiatrist or psychologist.

(2) James Murray Bayless 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:

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

(i) 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.

(ii) 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.

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

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

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

(3) James Murray Bayless must provide, at the reinstatement petition hearing, documentation of the following:

(a) Compliance with the licensed psychiatrist’s or psychologist’s recommended treatment plan.

(b) A report by the licensed psychiatrist or psychologist regarding James Murray Bayless’ fitness for readmission into the practice of pharmacy.

(c) Compliance with the contract required in paragraph (B)(2) above (e.g.-proof of giving the urine sample within 12 hours of notification, copies of all urine screen reports, meeting attendance records, treatment program reports, etc.).

(d) Compliance with the continuing pharmacy education requirements as set forth in Chapter 4729-7 of the Ohio Administrative Code in effect on the date of petitioning the Board for reinstatement.

(e) Compliance with the terms of this Order.

(D) If reinstatement is not accomplished within three years after the effective date of this Order, James Murray Bayless must successfully complete the NAPLEX examination or an equivalent examination approved by the Board.

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

MOTION CARRIED.

SO ORDERED.

The motion was seconded by Mr. Kost and approved by the Board (Aye-7/Nay-0).

The Board recessed for lunch.

1:00 p.m.

RES. 2000-191 The Board reconvened in Room 1948 of the 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. The following Board members were present: Robert B. Cavendish, 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.; Suzanne L. Neuber, R.Ph.; and Nicholas R. Repke, Public Member. Following presentations by Board members and self-introductions by the candidates for licensure by reciprocity, Mr. Kost moved that the Board approve the following candidates for licensure. The motion was seconded by Mr. Littlejohn and approved by the Board (Aye-8/Nay-0).

CAMPO, EARL VINCENT	03-3-24203	LOUISIANA
DELEO, SUSAN MARIE	03-3-24146	NEW YORK
DOWD, ROBERT ALAN	03-3-24263	IOWA
FRANCIONI, ROBERT CHARLES	03-3-24226	PENNSYLVANIA
FRY, MARC ALAN	03-3-24145	PENNSYLVANIA
HOSCHAR, ASHLEY LYNN	03-3-24193	PENNSYLVANIA
JACKSON, LATASHA KENYETTA	03-3-24202	TEXAS
KOONTZ, DANIEL BRIAN	03-3-24148	NEVADA
KOSOWSKI, KENNETH ALFRED	03-3-24007	MICHIGAN
KRUEGER, TYSHA RAE	03-3-24073	NORTH DAKOTA
LAKATOS, JR., DONALD PAUL	03-3-24147	PENNSYLVANIA
LONGSTRETH, KRISTEN LEE	03-3-24091	PENNSYLVANIA
MAMAKOS, RENEE CHRISTINA	03-3-24125	WEST VIRGINIA
MARKS, DEBRA M.	03-3-24128	PENNSYLVANIA
MESHANSKI, JOSEPH ANTHONY	03-3-24237	PENNSYLVANIA
O'NEILL, WILLIAM J.	03-3-24157	NEW JERSEY
PANDELADIS, CATHERINE ELAINE	03-3-24170	PENNSYLVANIA
POLZIN, JEFFREY BRIAN	03-3-24134	NEVADA
STEWART, ASHLEY NICHOLE	03-3-24165	INDIANA
VAIDYA, KRISHNA SHRIKANT	03-3-24035	ARIZONA
WEINSTEIN, DEBRA BETH	03-3-24267	INDIANA
WHETSELL HUNT, MARY ANN	03-3-24211	SOUTH CAROLINA
WIECZOREK, BRIAN DOUGLAS	03-3-24204	PENNSYLVANIA

1:43 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 matters of The Medicine Shoppe Pharmacy, T.D., Shaker Heights; and Martin Barron, R.Ph., University Heights.

3:30 p.m.

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

3:49 p.m.

5:29 p.m.

The hearing concluded and the record was closed.

5:35 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 Mr. Littlejohn and a roll call vote was conducted by President Cavendish as follows: Abele-Yes, Adelman-Yes, Eastman-Yes, Giacalone-Yes, Kost-Yes, Littlejohn-Yes, Neuber-Yes, and Repke-Yes.

6:15 p.m.

RES. 2000-192 The Executive Session ended and the meeting was opened to the public. Ms. Eastman moved that the Board adopt the following Order in the matter of The Medicine Shoppe Pharmacy, T.D., Shaker Heights:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-991112-030)

In The Matter Of:

THE MEDICINE SHOPPE PHARMACY

c/o Martin Barron, R.Ph.

3550 Warrensville Center Road

Shaker Heights, Ohio 44122

(Terminal Distributor No. 02-0681600)

INTRODUCTION

THE MATTER OF THE MEDICINE SHOPPE PHARMACY CAME FOR HEARING ON JUNE 13, 2000, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ROBERT B. CAVENDISH, 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.; SUZANNE L. NEUBER, R.Ph.; AND NICHOLAS R. REPKE, PUBLIC MEMBER.

THE MEDICINE SHOPPE PHARMACY WAS REPRESENTED BY ROBERT J. KOETH AND CLARK D. RICE, AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

(A) Testimony

State's Witnesses:

(1) Robert L. Cole, Ohio State Board of Pharmacy

Respondent's Witnesses:

(1) Martin Barron, Respondent

(2) Steven H. Newman, C.P.A., Cleveland, Ohio

(B) Exhibits

State's Exhibits:

(1) Exhibit 1--Copy of nine-page Notice of Opportunity for Hearing letter in the matter of Martin Barron dated November 12, 1999.

(2) Exhibit 1A--Copy of nine-page Notice of Opportunity for Hearing letter in the matter of The Medicine Shoppe Pharmacy, Shaker Heights, Ohio dated November 12, 1999.

(3) Exhibit 1B--Hearing Request letter dated November 15, 1999.

(4) Exhibit 1C--Copy of Hearing Schedule letter dated November 23, 1999.

(5) Exhibit 1D--Letter of Representation and Continuance Request letter dated January 17, 2000.

(6) Exhibit 1E--Copy of Hearing Schedule letter dated January 19, 2000.

(7) Exhibit 1F--Copy of Pharmacist File Front Sheet of Martin Barron showing original date of registration as August 4, 1953.

(8) Exhibit 1G--Copy of Renewal Application for Pharmacist License No. 03-2-05416 for a license to practice pharmacy in Ohio from September 15, 1999, to September 15, 2000, of Martin Barron dated July 19, 1999.

(9) Exhibit 1H--Copy of Renewal Application for DDD License No. 02-0681600 for a Terminal Distributor of Dangerous Drugs License from January 1, 1999, to December 31, 1999, of The Medicine Shoppe Pharmacy dated October 8, 1998.

(10) Exhibit 1I--Copy of fax cover-page to Robert Cole from Robert Koeth dated May 1, 2000; letter from Robert J. Koeth dated April 28, 2000; three-page Memorandum in Support regarding Martin Barron by Robert J. Koeth and Clark D. Rice, not dated; copy of letter from Alma Davis dated April 21, 0000; copy of letter from Peter S. Kibbe dated April 24, 2000; copy of letter from Bartholomew M. Caterino dated April 20, 2000; copy of letter from Daniel R. Wendt dated April 23, 2000; copy of letter from Steven H. Newman dated April 29, 2000; and copy of letter from David J. Ruzicka dated February 7, 2000.

(11) Exhibit 1J--Copy of letter from David L. Rowland dated May 1, 2000.

(12) Exhibit 2--Copy of six-page Order of the State Board of Pharmacy, Docket No. D-971024-015, in the matter of Martin Barron dated February 11, 1998.

(13) Exhibit 3, 3A, 3B, and 3C--Copy of four-page Accountability Report of The Medicine Shoppe, 3550 Warrensville Center Road, Shaker Heights, Ohio dated from May 1, 1996, through April 11, 1999.

(14) Exhibit 4A--Audit work paper for Ritalin 5mg for the period of April 30, 1996, through November 17, 1998.

(15) Exhibit 4B--Audit work paper for Tylox.

(16) Exhibit 4C--Audit work paper for MS Contin 30mg.

(17) Exhibit 4D--Audit work paper for Demerol 50mg.

(18) Exhibit 4E--Audit work paper for Roxicodone.

(19) Exhibit 4F--Audit work paper for Dexedrine 10mg spansules.

(20) Exhibit 4G--Audit work paper for Adderal 30mg.

(21) Exhibit 4H--Audit work paper for Dexedrine 5mg spansules.

(22) Exhibit 4I--Audit work paper for Oxycontin 80mg.

(23) Exhibit 4J--Audit work paper for Ritalin 5mg.

(24) Exhibit 4K--Audit work paper for Ritalin SR 20mg.

(25) Exhibit 4L--Audit work paper for Morphine Sulfate 15mg.

(26) Exhibit 4M--Audit work paper for Methylphenidate 20mg.

(27) Exhibit 4N--Audit work paper for MS Contin 15mg.

(28) Exhibit 4O--Audit work paper for MS Contin 60mg.

(29) Exhibit 4P--Audit work paper for Adderall 5mg.

(30) Exhibit 4Q--Audit work paper for Duragesic 75mcg.

(31) Exhibit 4R--Audit work paper for Duragesic patch 50mcg.

(32) Exhibit 4S--Audit work paper for Duragesic 25mcg.

(33) Exhibit 4T--Audit work paper for Percocet.

(34) Exhibit 4U--Audit work paper for Duragesic 100mcg/hr.

(35) Exhibit 4V--Audit work paper for Seconal 100mg.

(36) Exhibit 4W--Audit work paper for Ritalin 20mg

(37) Exhibit 4X--Audit work paper for Dilaudid 2mg.

(38) Exhibit 4Y--List Drug Utilization report of The Medicine Shoppe Pharmacy for Dilaudid 2mg for the time period of April 30, 1996, to November 7, 1998.

(39) Exhibit 4Z--Product Activity Report of The Medicine Shoppe Pharmacy for Dilaudid 4mg for the time period of April 30, 1996, to November 7, 1998.

(40) Exhibit 4AA--Audit work paper for Dilaudid 4mg.

(41) Exhibit 4BB--Audit work paper for MS Contin 100mg and Meperidine 100mg.

(42) Exhibit 4CC--Copy of letter from Marty Barron dated June 11, 1999, faxed on May 15, 1999, at 4:37 p.m.

(43) Exhibit 4DD through 4VV--Nineteen pages of prescription reports of The Medicine Shoppe Pharmacy dated from March 20, 1995, through March 5, 1998.

(44) Exhibit 4WW--Copy of letter from Marty Barron dated June 11, 1999, faxed on May 15, 1999, at 7:49 p.m.

(45) Exhibit 4XX--Letter from Marty Barron dated June 11, 1999.

(46) Exhibit 4YY--Original of letter faxed on May 15, 1999, at 7:49 p.m. from Marty Barron.

(47) Exhibits 5, 5A, and 5B--Three-page handwritten closing drug inventory of The Medicine Shoppe Pharmacy dated April 12, 1999.

(48) Exhibits 6, and 6A through 6F--Copy of seven-page Dangerous Drug Distributor Inspection Report of Medicine Shoppe Pharmacy (02-0681600) dated June 27, 1997.

(49) Exhibits 7, and 7A through 7C--Copy of letter from Marty Barron dated July 3, 1997, and attached three-page response to “pink sheet”, not dated.

(50) Exhibit 8--Two-page Dangerous Drug Distributor Inspection Report of The Medicine Shoppe Pharmacy (02-0681600) dated April 14, 1999.

(51) Exhibit 9 and 9A--“Pink Sheet” copy of Dangerous Drug Distributor Inspection Report of The Medicine Shoppe Pharmacy (02-0681600) dated April 14, 1999, and attached copy of “pink sheet” response, not dated.

(52) Exhibit 10--Copy of DEA Form 222 of Shaker Professional Pharmacy D.B.A.: Medicine Shoppe Pharmacy, Order No. 952977678, received on February 10, 1997.

(53) Exhibit 11--Copy of page one of two-page Shaker Professional Pharmacy D.B.A.: Medicine Shoppe Customer Controlled Item Report dated February 28, 1997.

(54) Exhibit 12--Copy of DEA Form 222 of Shaker Professional Pharmacy D.B.A.: Medicine Shoppe Pharmacy, Order No. 982006506, received on December 7, 1998.

(55) Exhibit 13--Independent Drug Company Invoice No. 969727 dated December 7, 1998.

(56) Exhibit 13A--Copy of page two of two-page Shaker Professional Pharmacy D.B.A.: Medicine Shoppe Customer Controlled Item Report dated February 28, 1997.

Respondent's Exhibits:

(1) Table of Contents and three-page Memorandum in Support, not dated.

(2) Exhibit A--Copy of letter from Alma Davis dated April 21, 2000.

(3) Exhibit B--Copy of letter from Peter S. Kibbe dated April 24, 2000.

(4) Exhibit C--Copy of letter from Bartholomew M. Caterino dated April 20, 2000.

(5) Exhibit D--Copy of letter from Daniel R. Wendt dated April 23, 2000.

(6) Exhibit E--Copy of letter from Steven H. Newman dated April 19, 2000.

(7) Exhibit F--Copy of letter from David J. Ruzicka dated February 7, 2000.

(8) Exhibit G--Copy of letter from Bartholomew M. Caterino dated June 5, 2000.

(9) Exhibit H--Copy of letter from Michael W. Bukach dated June 7, 2000.

(10) Exhibit I--Copy of The Medicine Shoppe Income and Expense Statement for the month ending December 31, 1998.

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 during the relevant time periods stated herein, Martin Barron was the Responsible Pharmacist at Medicine Shoppe Pharmacy, 3550 Warrensville Center Road, Shaker Heights, Ohio pursuant to Rule 4729-5-11 of the Ohio Administrative Code and Sections 4729.27 and 4729.55 of the Ohio Revised Code.

(2) The Medicine Shoppe Pharmacy did, from May 1, 1996, through April 11, 1999, fail to provide effective and approved controls and procedures to deter and detect theft and diversion of dangerous drugs, to wit: during this time period, the following drugs were diverted from The Medicine Shoppe Pharmacy without adequate detection and/or prevention:

Drug Name/Strength	Amount of Shortage	% of Drug Supply
Adderall 5mg	99	5.0%
Adderall 10mg	523	6.0%
Codeine SO4 30mg	9	1.3%
Hydromorphone 2mg	111	2.9%
Hydromorphone 4mg	3,594	8.6%
Duragesic 25mcg/hr	2	.1%
Duragesic 50mcg/hr	17	7.9%
Duragesic 75mcg/hr	10	2.9%
Duragesic 100mcg/hr	11	1.9%
Methadone 10mg	626	6.4%
MS Contin 15mg	65	7.4%
MS Contin 30mg	102	3.1%
MS Contin 60mg	47	3.5%
Oxycontin 10mg	408	15.7%
Oxycontin 20mg	1,672	16.6%
Oxycontin 40mg	1,467	13.5%
Oxycontin 80mg	29	3.6%
OxyIR 5mg	65	3.1%
Percodan	463	3.5%
Roxicet	433	5.2%
Roxicodone	61	3.6%
Diazepam 10mg	14,234	19.1%
Phentermine 8mg	17	>0.1%
Ionamin 15mg	33	8.3%
Ionamin 30mg	79	9.3%
Fastin 30mg	30	6.9%
Propoxyphene N-100	9,475	4.7%

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

(3) The Medicine Shoppe Pharmacy did, from May 1, 1996, through April 11, 1999, knowingly sell a controlled substance in an amount greater than 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: the following Schedule II controlled substances were diverted from The Medicine Shoppe Pharmacy without prescriptions:

Drug Name/Strength	Amount of Shortage	% of Drug Supply
Dilaudid 4mg	3,303	13.1%
Hydromorphone 4mg	291	1.9%
Oxycontin 20mg	1,672	16.6%
Oxycontin 40mg	1,467	13.5%