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.

 

 

 

STATE BOARD OF PHARMACY; 77 SOUTH HIGH STREET, ROOM 1702; COLUMBUS, OHIO 43215-6126

Tel:  614/466-4143                         Fax:  614/752-4836                        Eml:  exec@bop.state.oh.us

 

 

 

Minutes Of The Meeting

Ohio State Board of Pharmacy

May 12 & 13, 2003

 

MONDAY, MAY 12, 2003

 

10:12 a.m.

ROLL CALL

 

 

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

 

Diane C. Adelman, R.Ph. (President); Robert P. Giacalone, R.Ph. (Vice-President); Gregory Braylock, R.Ph.; Suzanne R. Eastman, R.Ph.; Elizabeth I. Gregg, 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; William McMillen, Licensing Administrator; Mark Keeley, Legislative Affairs Administrator; David Rowland, Legal Affairs Administrator; and Sally Ann Steuk, Assistant Attorney General.

10:13 a.m.

 

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

12:00 p.m.

 

The Executive Session ended and the meeting was opened to the public.  Mr. Rowland announced that the following settlement agreement for Harold Eugene Fletcher, R.Ph., previously approved by the Board, had been signed by all parties and was now effective as of the date of the Board President’s signature:

 

R-2003-158

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-020626-065)

 

In The Matter Of:

 

HAROLD EUGENE FLETCHER, R.Ph.

228 Wilson Avenue

Columbus, Ohio 43205

(R.Ph. No. 03-1-19231)

 

This Settlement Agreement is entered into by and between Harold Eugene Fletcher 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.

 

 

Harold Eugene Fletcher enters into this Agreement being fully informed of his rights afforded under Chapter 119. of the Ohio Revised Code, including the right to representation by counsel and the right to a formal adjudication hearing on the issues contained herein.

 

Harold Eugene Fletcher is knowingly and voluntarily acknowledging that, in order to settle the disciplinary charges that have been filed by the Board against him and in order to obviate the need to conduct an administrative hearing to consider possible disciplinary sanctions against Harold Eugene Fletcher’s license to practice pharmacy in the State of Ohio, this Agreement is entered into on the basis of the following stipulations, admissions, and under­standings:

 

 

(A)

The Ohio State Board of Pharmacy is empowered by Section 4729.16 of the Ohio Revised Code to suspend, revoke, place on probation, refuse to grant or renew an identification card, or impose a monetary penalty on the license holder for violation of any of the enumerated grounds.

 

 

(B)

Harold Eugene Fletcher neither admits nor denies the allegations stated in the Notice of Opportunity for Hearing letter dated June 26, 2002; however, the Board has evidence sufficient to sustain the allegations and hereby adjudicates the same:

 

 

 

(1)  Records of the Board of Pharmacy indicate that you were originally licensed in the State of Ohio on February 28, 1992, pursuant to examination.  Records also indicate that your license to practice pharmacy expired on September 15, 2001.  You filed your renewal application, in person, on or about September 18, 2001.

 

 

 

(2)  You did, on or about September 17, 2001, while not a pharmacist as defined in Rule 4729-5-01(G) of the Ohio Administrative Code, or a pharmacy intern, sell dangerous drugs or otherwise engage in the practice of pharmacy, to wit:  after your license to practice pharmacy had lapsed, and prior to its renewal, you dispensed dangerous drugs, including the following:

 

Rx #

 

Drug

366317

366318

366319

366320

 

hydrocodone w/ APAP 5/500

diazepam 10mg

Adipex-P 37.5mg

hydrocodone w/ APAP 7.5/750

 

 

 

Such conduct is in violation of Section 4729.28 of the Ohio Revised Code, and if proven constitutes being guilty of dishonesty or unprofessional conduct in the practice of pharmacy and/or guilty of willfully violating provisions of Chapter 4729. of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio Revised Code.

 

 

 

(3)  You did, on or about September 18, 2001, knowingly make a false state­ment when made with purpose to secure the issuance by a governmental agency a license, permit, or registration, to wit: when renewing your license to practice pharmacy, you indicated that you did not have any criminal charges pending against you.  In fact, on September 3, 2001, you had been arrested for three (3) felony counts of Carrying a Concealed Weapon.  State of Ohio vs. Eugene H. Fletcher, Case No. CRA-01-00552, Harrison County Court and seven (7) misdemeanor counts of Improper Handling of Firearms in a Motor Vehicle.  State of Ohio vs. Eugene H. Fletcher, Case No. CRB-01-00553, Harrison County Court.  Said charges were still pending on the date you sub­mitted your license renewal application.  On November 20, 2001, you pled guilty to four (4) counts of Improper Handling of Firearms in a Motor Vehicle, a misdemeanor of the first degree under Section 2923.16(B) of the Ohio Revised Code.  State of Ohio vs. Eugene H. Fletcher, Case No. CRA-01-553, Harrison County Court.  Such conduct is in violation of Section 2921.13 of the Ohio Revised Code, and if proven constitutes being guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code.

 

 

 

(4)  You, as the Responsible Pharmacist did, on or about May 5, 2000, fail to maintain the minimum standards for a pharmacy, to wit:  East Main Street Pharmacy did not possess a copy of current federal and state laws, regula­tions, and rules governing the legal distribution of drugs in the state of Ohio.  The pharmacy's lawbook had not been updated since August, 1997.  You, as the Responsible Pharmacist at Hilltop Family Pharmacy, had been previously admonished for a similar violation on April 11, 1997.  Such conduct is in violation of Rule 4729-9-02 of the Ohio Administrative Code, and if proven constitutes being guilty of unprofessional conduct in the practice of phar­macy within the meaning of Section 4729.16 of the Ohio Revised Code.

 

 

 

(5)  You, as the Responsible Pharmacist did, from January 21, 1999, through May 2, 2000, failed to keep records of all controlled substances received or sold, to wit: you failed to properly execute Schedule II Controlled Substances D.E.A. 222 order forms.  Of forty-seven 222 forms examined by Board agents, thirty-nine lacked the required information as to the number of packages received or the date received. You, as the Responsible Pharmacist at Hilltop Family Pharmacy, had been previously admonished for the same violation on April 18, 1997.  Such conduct is in violation of Section 3719.07 of the Ohio Revised Code and Section 1305.06 of Title 21 of the Code of Federal Regula­tions, and if proven constitutes being guilty of unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Re­vised Code.

 

 

 

(6)  You did, on or about May 5, 2000, and dates preceding, fail to immedi­ately sign the reverse side of your pharmacist identification card.  You had been previously admonished for a similar violation on April 11, 1997.  Such conduct is in violation of Rule 5729-5-02 of the Ohio Administrative Code, and if proven constitutes being guilty of unprofessional conduct in the prac­tice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code.

 

 

 

(7)  You, as the Responsible Pharmacist did, on or about May 5, 2000, and dates preceding, fail to sign, or have your dispensing pharmacists sign, the pharmacy's daily prescription printouts.  Further, the printouts lacked the required indication that the data was reviewed by the dispensing pharmacists and was correct.  Such conduct is in violation of Rule 4729-5-28 of the Ohio Administrative Code, and if proven constitutes being guilty of unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code.

 

 

 

(8)  You, as the Responsible Pharmacist did, on or about May 5, 2000, and dates preceding, fail to obtain the registration number of wholesalers from which you purchased dangerous drugs.  You had been previously admonished for the same violation on July 9, 1998.  Prior to both occasions, in 1998 and 2000, you had made illegal purchases from unlicensed wholesalers; such was preventable if you had properly obtained the required registration informa­tion.  Such conduct is in violation of Section 4729.60(B) of the Ohio Revised Code, and if proven constitutes being guilty of unprofessional conduct in the practice of pharmacy and/or willfully violating a provision of Chapter 4729. of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio Re­vised Code.

 

 

Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of a formal hearing at this time, Harold Eugene Fletcher knowingly and voluntarily agrees with the State Board of Pharmacy to the following:

 

 

(A)

Harold Eugene Fletcher’s pharmacist identification card, No. 03-1-19231, will be placed on probation for five years, effective from the date of this Agreement.  The terms of probation are as follows:

 

 

(1)

The State Board of pharmacy hereby declares that Harold Eugene Fletcher’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)

Harold Eugene Fletcher must not violate the drug laws of the state of Ohio, any other state, or the federal government.

 

 

(3)

Harold Eugene Fletcher must abide by the rules of the Ohio State Board of Pharmacy.

 

 

(4)

Harold Eugene Fletcher must comply with the terms of this Agreement.

 

 

(B)

Harold Eugene Fletcher agrees to the imposition of a monetary penalty of Two Thou­sand One Hundred and Twenty-five dollars ($2,125.00) payable over a twelve (12) month period,  effective from the date of this Agreement.  Checks should be made payable to the "Treasurer, State of Ohio" and mailed with the enclosed forms to the State Board of Phar­macy, 77 South High Street, 17th Floor, Colum­bus, Ohio 43266-0320.

 

 

If, in the judgment of the Board, Harold Eugene Fletcher appears to have violated or breached any terms or conditions of this Agreement, the Ohio State Board of Pharmacy reserves the right to, at any time, revoke probation, modify the conditions of probation, and reduce or extend the period of probation, and/or the Board may institute formal disciplinary proceed­ings for any and all possible violations or breaches, including but not limited to, alleged vio­lation of the laws of Ohio occurring before the effective date of this Agreement.

 

Harold Eugene Fletcher acknowledges that he 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.  Any action initiated by the Board based on alleged violation of this Agreement shall comply with the Administrative Procedure Act, Chapter 119. of the Ohio Revised Code.

 

Harold Eugene Fletcher waives any and all claims or causes of action he may have against the State of Ohio or the Board, and members, officers, employees, and/or agents of either, aris­ing out of matters which are the subject of this Agreement. Harold Eugene Fletcher waives any rights of appeal pursuant to Chapter 119. of the Ohio Revised Code.

 

In the event the Board, in its discretion, does not adopt this Agreement as its Adjudication, this settlement offer is withdrawn and shall be of no evidentiary value and shall not be relied upon or introduced in any disciplinary action or appeal by either party. Harold Eugene Fletcher agrees that should the Board reject this Agreement and if this case proceeds to hearing, he will assert no claim that the Board was prejudiced by its review and discussion of this Agreement or of any information relating thereto.

 

This Settlement 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/          Harold Eugene Fletcher

 

/d/     4–4–03

Harold Eugene Fletcher, Respondent

 

Date of Signature

/s/          Brian K. Murphy

 

/d/   4–15–2003

Brian K. Murphy, Attorney for Respondent

 

Date of Signature

/s/          Diane C. Adelman

 

/d/    5/12/03

Diane C. Adelman, President, Ohio State Board of Pharmacy

 

Date of Signature

/s/          Sally Ann Steuk

 

/d/     5–12–03

Sally Ann Steuk, Ohio Assistant Attorney General

 

Date of Signature

 

R-2003-159

Mrs. Gregg moved that the Board deny the settlement offer presented in the matter of Abdallah Abukhalil and that the hearing be held as scheduled.  The motion was seconded by Mrs. Teater and approved by the Board (Aye-8/Nay-0).

 

R-2003-160

Mr. Braylock moved that the Board deny the settlement offer presented in the matter of Robert Berkowitz.  The motion was seconded by Mr. Kost and approved by the Board (Aye-6/Nay-0/Abstain-2[Lipsyc, Turner]).

 

R-2003-161

Ms. Eastman moved that the Board deny the request for Board approval of an employ­ment situation presented in the matter of Todd Jaros.  The motion was seconded by Mr. Kost and approved by the Board (Aye-5/Nay-3).

 

R-2003-162

Mr. Turner moved that the Board accept the settlement offer presented in the matter of Michael Linhart, but only if Mr. Linhart agrees to accept the terms as amended by the Board.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/­Nay-0).

 

R-2003-163

Ms. Eastman moved that the Board deny the settlement offer presented in the matter of Loretta Ann Nehez and that she must appear before the Board before a decision will be reached regarding her situation.  The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).

 

R-2003-164

Mrs. Gregg moved that the Board deny the continuance request presented in the matter of Philip Garber and that the hearing be held as scheduled.  The motion was seconded by Mr. Turner and approved by the Board (Aye-8/Nay-0).

 

R-2003-165

Mr. Lipsyc moved that the Board accept the settlement offer presented in the matter of Audley Stevens, R.Ph.  The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).

 

R-2003-166

Ms. Eastman moved that the Board deny the settlement offer presented in the matter of William Ringle.  The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).

 

R-2003-167

Mr. Lipsyc moved that the Board accept the settlement offers presented in the matters of C. Jere Hochadel, A. William Richert, Kevin Snyder, and Matthew C. Campbell.  The motion was seconded by Mr. Kost and approved by the Board (Aye-7/Nay-1).

 

R-2003-168

Mr. Winsley announced that, pursuant to Section 3719.121(C) of the Revised Code, a Summary Suspension had been issued to Todd Latour, R.Ph. (03-3-11902) based upon a criminal conviction.

12:15 p.m.

 

The Board recessed for lunch.

  1:53 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 Patty Jane Baxter, R.Ph., Austinburg.

  3:13 p.m.

 

The hearing ended and the record was closed.

  3:25 p.m.

 

After a review of the draft minutes from the April, 2003 meeting, Mrs. Gregg moved that the April, 2003, minutes be approved as amended.  The motion was seconded by Mr. Lipsyc and approved by the Board (Aye-8/Nay-0).

 

R-2003-169

Mr. Keeley then presented a request from Medtuity EMR for Board approval as an elec­tronic prescribing system.  After discussion, Mrs. Gregg moved that the Board find the Medtuity EMR system approvable pending final inspection.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

 

R-2003-170

The Board next considered a request from ChartLogic for Board approval of their elec­tronic prescribing system.  After discussion, Mrs. Gregg moved that the system be con­sidered approvable pending final inspection only after the Board’s suggested changes are implemented by ChartLogic.  The motion was seconded by Mr. Lipsyc and approved by the Board (Aye-8/Nay-0).

 

A request from University Home Care Services/Worthington for Board approval as a Provider of Continuing Pharmacy Education was tabled pending receipt of additional materials missing from the application packet.

 

Mr. Keeley discussed his Legislative Report with the Board.

 

Mr. McMillen discussed his Licensing Report with the Board.

  5:24 p.m.

 

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

  5:30 p.m.

R-2003-171

The Executive Session ended and the meeting was opened to the public.  Mr. Kost moved that the Board adopt the following Order in the matter of Patty Jane Baxter, R.Ph.:

 

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-020405-050)

 

In The Matter Of:

 

PATTY JANE BAXTER, R.Ph.

2058 State Route 45, Apt. #3

Austinburg, Ohio 44010

(R.Ph. No. 03-1-17642)

 

INTRODUCTION

 

THE MATTER OF PATTY JANE BAXTER CAME FOR HEARING ON MAY 12, 2003, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: DIANE C. ADELMAN, R.Ph. (presiding); GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; ELIZABETH I. GREGG, R.Ph.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

 

PATTY JANE BAXTER WAS NOT REPRESENTED BY COUNSEL AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

 

SUMMARY OF EVIDENCE

State’s Witnesses

 

None

 

Respondent's Witnesses

 

1.  Patty Jane Baxter, R.Ph., Respondent

2.  Susan Robinson

3.  Walter Hubish, R.Ph.

 

 

State's Exhibits

 

1.  Reinstatement Hearing Request letter from Patty J. Baxter  [04-01-02]

1A-1F.  Procedurals

2.  Copy of State Board of Pharmacy Order in re Patty Jane Baxter, R.Ph.  [04-05-01]

3.  Copy of State Board of Pharmacy Settlement Agreement in re Patty Jane Baxter, R.Ph.  [03-08-99]

4.  Copy of Statement of Patty J. Baxter  [08-26-98]

5.  Copy of Notarized Statement of Patty J. Baxter  [09-02-98]

6.  Copy of Above Average Controlled Drug Purchases Report for Stadol at Rite Aid Store #2654  [08-13-98]

7.  Rite Aid Pharmacy Customer History Report for Patient #1  [01-01-97 to 08-27-98]

8.  Rx #44994, Rx 44996  [07-16-97]; Rx #49784, Rx #49785  [10-07-97]; Rx #59794, Rx #59795  [02-21-98]

9.  Rite Aid Pharmacy Customer History Report for Patient #2  [01-01-97 to 08-27-98]

10.  Rx #43692, Rx #43693  [06-23-97]; Rx #48388, Rx #48389  [09-15-97]; Rx #53687, Rx #53688  [12-03-97]; Rx #33976, Rx #33978  [02-22-97]; Rx #38396, Rx #38397  [03-21-97]; Rx #53687, Rx #53688 [01-19-98]; Rx #57395, Rx #57396  [01-23-98]

11.  Rite Aid Pharmacy Customer History Report for Patient #3  [01-01-97 to 09-02-98]

12.  Rx #36091, Rx #36092  [02-07-97]; Rx #41871, Rx #41872  [05-20-97 & 07-29-97]; Rx #46497, Rx #46498  [08-13-97]; Rx #52576, Rx #52577  [11-17-97]

13.  Rite Aid Pharmacy Customer History Report for Patient #4  [01-01-97 to 08-27-98]

14.  Rx #31290, Rx #31291, Rx #31293 [12-23-96]; Rx #35878, Rx #35879, Rx #35880  [02-03-97]; Rx #70194, Rx #70195, Rx #70196 [06-22-98]; Rx #70898, Rx #70899, Rx #70900  [06-27-98]; Rx #49493, Rx #49494, Rx #49495  [10-03-97]; Rx #49494, Rx #49495 [03-06-98]; Rx #63067  [04-03-98]; Rx #43140, Rx #43141, Rx #43142  [06-13-97]; Rx #63065  [04-03-98]

15.  Rite Aid Pharmacy Customer History Report for Patient #5  [01-01-97 to 08-27-98]

16.  Rx #38193, Rx #38194  [03-18-97]; Rx #44294  [07-03-97]; Rx #48961  [09-25-97]  Rx #44293  [07-03-97]; Rx #48960  [09-25-97]; Rx #58995, Rx #58996 [03-12-98]; Rx #68329, Rx #68330  [06-03-98 & 07-07-98]];  Rx #75177, Rx #75178  [08-07-98]

17.  Rite Aid Pharmacy Customer History Report for Patty J. Windler  [01-01-95 to 10-16-98]

18.  Copy of Notarized Statement of Paula Schaffer-