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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. |
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STATE BOARD OF PHARMACY; Tel:
614/466-4143
Fax: 614/752-4836 Email: |
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Minutes
Of The Meeting November
3, 4, 5, 2003 |
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MONDAY, NOVember 3, 2003 |
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10:00 a.m. |
ROLL CALL |
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The State Board of Pharmacy convened
in Room East-B, 31st Floor, Robert P. Giacalone, R.Ph. (President); Lawrence J. Kost, R.Ph. (Vice-President); Diane C. Adelman, R.Ph.; Suzanne R. Eastman, R.Ph.; Elizabeth I. Gregg, 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; Robert Cole, Compliance Supervisor; and Sally Ann Steuk, Assistant Attorney General. Mr. Rowland announced that the following settlement agreements had been signed by all parties and were now effective: |
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R-2004-071 |
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SETTLEMENT AGREEMENT WITH
THE STATE BOARD OF PHARMACY (Docket No. D-030910-011) In The Matter Of: CRAIG JAMES BAKER, R.Ph. (R.Ph.
No. 03-2-25244 This Settlement Agreement is entered into by and
between Craig James Baker 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 Craig James Baker voluntarily 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, the
right to a formal adjudication hearing on the issues contained herein, and
the right to appeal. Craig James Baker acknowledges that by entering into
this agreement he has waived his rights under Chapter 119. of
the Revised Code. Whereas, the Board 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
enforce a monetary penalty on the license holder for violation of any of the
enumerated grounds therein. Whereas, Craig James Baker is licensed to practice
pharmacy in the State of Whereas, on or about
September 10, 2003, pursuant to Chapter 119. of the
Ohio Revised Code, Craig James Baker was
notified of the allegations or charges against him, his right to a hearing,
his rights in such hearing, and his right to submit contentions in
writing. Craig James Baker requested a hearing; it was
scheduled and continued. The September
10, 2003, Notice of Opportunity
for Hearing contains the following allegations or charges: |
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(1) |
Records of the Board of Pharmacy
indicate that Craig James Baker was originally licensed in the State of |
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(2) |
Craig James Baker did, on or about April 10, 2003, dispense a drug pursuant to prescription without having the correct directions for use indicated on the label affixed to the container, to wit: when dispensing Rx #6818976, Craig James Baker did not indicate the directions for use of the drug as was prescribed by the physician. The prescription was written for Pepcid suspension, 40 mg/5 ml, to be given 1.25 ml (10 mg) twice daily; however, Craig James Baker indicated on the label for the five-year-old patient to be given 1¼ teaspoonful twice daily. Such conduct is in violation of Rule 4729-5-16 of the Ohio Administrative Code. |
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Craig James Baker neither admits nor denies the
allegations stated in the Notice of Opportunity for Hearing letter dated September
10, 2003; however, the Board has evidence sufficient to sustain the
allegations and hereby adjudicates the same. Wherefore, in consideration of the foregoing and
mutual promises hereinafter set forth, and in lieu of a formal hearing at
this time, Craig James Baker knowingly and voluntarily agrees with the State
Board of Pharmacy to the following: (A) Craig
James Baker agrees to the imposition of a monetary penalty of two hundred
fifty dollars ($250.00) due and owing within thirty days from the effective
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. (B) In
addition to any and all other continuing education requirements, Craig James
Baker agrees to attend within one year of the effective date of this
agreement, 2.0 additional hours of continuing education for pediatric dosing
and patient consultation in a retail pharmacy. If, in the judgment of the Board, Craig James
Baker 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. Craig James Baker 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 Craig James Baker waives any and all claims or
causes of action he may have against the State of 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. Craig James Baker 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. |
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/s/ Craig J. Baker |
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/d/ 10–24–03 |
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Craig James Baker, Respondent |
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Date of Signature |
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/s/ Mary Barley-McBride |
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/d/ 10/27/03 |
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Mary Barley-McBride, Attorney for Respondent |
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Date of Signature |
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/s/ Robert P. Giacalone |
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/d/ 11/3/03 |
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Robert P. Giacalone,
President, |
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Date of Signature |
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/s/ Sally Ann Steuk |
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/d/ 11/3/03 |
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Sally Ann Steuk, Ohio Assistant Attorney
General |
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Date of Signature |
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R-2004-072 |
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SETTLEMENT AGREEMENT WITH
THE STATE BOARD OF PHARMACY (Docket No. D-030109-051) In The Matter Of: ANDREW DUANE GODDARD, R.Ph. Canal (R.Ph.
No. 03-1-22391 This Settlement Agreement is entered into by and
between Andrew Duane Goddard 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 Andrew Duane Goddard voluntarily 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, the
right to a formal adjudication hearing on the issues contained herein, and
the right to appeal. Andrew Duane Goddard acknowledges that by entering into
this agreement he has waived his rights under Chapter 119. of
the Revised Code. Whereas, the Board 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 enforce a monetary penalty on the
license holder for violation of any of the enumerated grounds therein. Whereas, Andrew Duane Goddard is licensed to
practice pharmacy in the State of Whereas, on or about January 9, 2003, and again on
October 6, 2003, pursuant to Chapter 119. of the
Ohio Revised Code, Andrew Duane Goddard was notified of the allegations or
charges against him, his right to a hearing, his rights in such hearing, and
his right to submit contentions in writing. Andrew Duane Goddard requested
a hearing; it was scheduled and continued.
The January 9, 2003, Notice of |
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(1) |
Records of the Board of
Pharmacy indicate that Andrew Duane Goddard was originally licensed in the
State of |
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(2) |
Andrew Duane Goddard did, on or about August 1999, to October 1999, knowingly mingle a poison with a drink, knowing that drink would be ingested by person or persons, to wit: Andrew Duane Goddard placed Furosemide (Lasix) 20 mg in coffee that was later consumed by employees of the pharmacy. Such conduct is in violation of Section 2927.24 of the Ohio Revised Code. |
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(3) |
Andrew Duane Goddard did, on or about August 1999, to October 1999, while employed as a pharmacist at Rite Aid Pharmacy #2393, with purpose to deprive, or knowingly obtain or exert control over dangerous drugs, the property of Rite Aid Pharmacy #2393, beyond the express or implied consent of the owner, to wit: Andrew Duane Goddard has admittedly stolen Furosemide (Lasix) 20 mg. Such conduct violates Section 2913.02 of the Ohio Revised Code. |
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(4) |
Andrew Duane Goddard did, on or about August 1999, to October 1999, knowingly cause or attempt to cause physical harm to another, to wit: Andrew Duane Goddard placed Furosemide (Lasix) 20 mg in coffee that was consumed by employees of the pharmacy. Employees experienced severe discomfort due to the effect of the drug. Such conduct violates Section 2903.13 of the Ohio Revised Code. |
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(5) |
On February 26, 2003, Andrew
Duane Goddard pled guilty to one (1) count of Theft of Drugs, a felony of the
fourth degree under Section 2913.02(A)(2) of the
Ohio Revised Code, and to one (1) count of Placing Harmful Objects in Food or
Confection, a misdemeanor of the first degree under Section 3716.11(A) of the
Ohio Revised Code. State of |
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Andrew Duane Goddard neither admits nor denies the
allegations stated in the Notice of Opportunity for Hearing letter dated
January 9, 2003 and Addendum Notice dated October 6, 2003; however, the Board
has evidence sufficient to sustain the allegations and hereby adjudicates the
same. Wherefore, in consideration of the foregoing and
mutual promises hereinafter set forth, and in lieu of a formal hearing at
this time, Andrew Duane Goddard knowingly and voluntarily agrees with the
State Board of Pharmacy to the following: (A)
Pursuant to Sections 4729.16 and 4729.25(B), Andrew Duane Goddard is
hereby reprimanded for the aforementioned violations of rules and/or laws. (B) Andrew Duane Goddard’s pharmacist identification card, No. 03-1-22391, will be placed on probation for three (3) years, effective from the date of this Agreement. The terms of probation are as follows: |
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(1) |
The State Board of pharmacy hereby declares that Andrew Duane Goddard’s pharmacist identification card is not in good standing. |
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(2) |
Andrew Duane Goddard must
not violate the drug laws of the State of |
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(3) |
Andrew Duane Goddard must abide by the rules of the Ohio State Board of Pharmacy. |
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(4) |
Andrew Duane Goddard must comply with the terms of this Agreement. |
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(C) Andrew
Duane Goddard must write a letter of apology to the pharmacy employees
affected by Andrew Duane Goddard’s misconduct; providing copy of same to the
Board office. (D) Andrew Duane Goddard agrees to the
imposition of a monetary penalty of one thousand dollars ($1,000.00) due and
owing within thirty days from the effective 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
43215-6126. If, in the judgment of the Board, Andrew Duane
Goddard 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. Andrew Duane Goddard 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 Andrew Duane Goddard waives any and all claims or
causes of action he may have against the State of 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. Andrew
Duane Goddard 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. |
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/s/ Andrew D. Goddard |
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/d/ 10/28/03 |
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Andrew Duane Goddard, Respondent |
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Date of Signature |
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/s/ Mark A. Whitaker |
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/d/ 10/29/03 |
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Mark A. Whitaker, Attorney for Respondent |
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Date of Signature |
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/s/ Robert P. Giacalone |
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/d/ 11/3/03 |
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Robert P. Giacalone,
President, |
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Date of Signature |
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/s/ Sally Ann Steuk |
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/d/ 11/03/03 |
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Sally Ann Steuk, Ohio Assistant Attorney
General |
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Date of Signature |
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Mr. Winsley distributed copies of correspondence received pertaining to the Public Rules Hearing scheduled at 1:30 p.m. for the Board to review. |
10:02 a.m.
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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 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 Giacalone as follows: Adelman-Yes, Eastman-Yes, Gregg-Yes, Kost-Yes, Lipsyc-Yes, Teater-Yes, and Turner-Yes. |
10:10 a.m.
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Member Gregory Braylock arrived and joined the meeting in progress. |
11:15 a.m.
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R-2004-073 |
The Executive Session ended and the meeting was opened to the public. Mrs. Gregg moved that the Board summarily suspend the license to practice pharmacy belonging to Elizabeth Marie Warner, R.Ph. (03-3-16196) due to the fact that a continuation of her professional practice presents a danger of immediate and serious harm to others. The motion was seconded by Mrs. Teater and approved by the Board (Aye-8/Nay-0). |
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R-2004-074 |
Ms. Eastman then moved that the Board summarily suspend the license to practice pharmacy belonging to Nancy Lee Dawson, R.Ph. (03-2-12544) due to the fact that a continuation of her professional practice presents a danger of immediate and serious harm to others. The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0). |
11: 29 a.m.
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After discussion of the draft minutes from the October, 2003 meeting, Mrs. Adelman moved that the minutes of the October, 2003 meeting be approved as amended. The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0). |
11:30 a.m.
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The Board recessed for lunch. |
1:30 p.m.
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The Board reconvened in Room 1960, Robert P. Giacalone, R.Ph. (President); Lawrence J. Kost, R.Ph. (Vice-President); Diane C. Adelman, R.Ph.; Gregory Braylock, R.Ph.; Suzanne R. Eastman, R.Ph.; Elizabeth I. Gregg, R.Ph.; Nathan S. Lipsyc, R.Ph.; Dorothy S. Teater, Public Member; and James E. Turner, R.Ph. Also present and participating for the Board were William T. Winsley, Executive Director and Sally Ann Steuk, Assistant Attorney General. |
1:41 p.m.
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The public hearing ended and the record was closed. |
1:58 p.m.
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The Board reconvened in Room East-B with all members present. |
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R-2004-075 |
Mr. Keeley presented a request from Mr. Keeley then discussed his Legislative Report with the Board. |
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R-2004-076 |
The Board next considered a request from DrFirst, an electronic prescribing program, for approval by the Board. After a detailed discussion of the program by the Board, Mrs. Gregg moved that the DrFirst prescribing program be considered approvable pending final inspection of the installed system. The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0). |
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R-2004-077 |
Mr. Benedict then presented a request from John Lepto, R.Ph. asking for a waiver from the requirements of Rule 4729-5-11(A) to allow him to serve as responsible pharmacist at more than one location for a short time period. After discussion, Mr. Braylock moved that the request be approved for a sixty-day time period at the following two locations: Children’s Hospital Medical Center of Akron (02-0038900) The motion was seconded by Mr. Turner and approved by the Board (Aye-8/Nay-0). |
2:53 p.m.
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The Board took a brief recess. |
3:03 p.m.
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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 Mark Steven Lang, |
4:42 p.m.
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The hearing ended and the record was closed. |
4:47 p.m.
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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 Mrs. Adelman and a roll call vote was conducted by President Giacalone as follows: Adelman-Yes, Braylock-Yes, Eastman-Yes, Gregg-Yes, Kost-Yes, Lipsyc-Yes, Teater-Yes, and Turner-Yes. |
5:00 p.m.
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R-2004-078 |
The Executive Session ended and the meeting was opened to the public. Mr. Turner moved that the Board adopt the following Order in the matter of Mark Steven Lang: |
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ORDER OF THE STATE BOARD OF PHARMACY (Docket No. D-030606-078) In The Matter Of: MARK STEVEN LANG (D.O.B. 02/09/61) |
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INTRODUCTION THE MATTER
OF MARK STEVEN LANG CAME FOR HEARING ON NOVEMBER 3, 2003, BEFORE THE
FOLLOWING MEMBERS OF THE BOARD: ROBERT P. GIACALONE, R.Ph.
(presiding); DIANE C. ADELMAN, R.Ph.; 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. MARK
STEVEN LANG WAS NOT REPRESENTED BY COUNSEL AND THE STATE OF |
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SUMMARY OF EVIDENCE State’s
Witnesses 1. Respondent's
Witnesses 1. Mark Steven Lang, Respondent |
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State's
Exhibits 1. Copy of Proposal to Deny/Notice of
Opportunity For Hearing letter [06-06-03] 1A-1C. Procedurals 2. Copy of State Board of Pharmacy Order in re
Mark Steven Lang, R.Ph. [12-08-95] 3. Copy of State Board of Pharmacy Order in re
Mark Steven Lang [12-15-97] 4. Information, 5. Plea Agreement [10-07-94] 6. Judgment Including Sentence Under the
Sentencing Reform Act [01-27-95] |
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Respondent's Exhibits A. Change of Address letter
from Mark Lang [not dated] B. Notice of Termination, Docket No.
CR-1-94-079-001, United States Probation Department, Southern District of
Ohio [01-26-97]; and Pages 1, 3, &
4 of the Judgment Including Sentence Under the Sentencing Reform Act [01-27-95]
United States of America v. Mark Lang, CR-1-94-79-01, United
States District Court, Southern District of Ohio, Western Division. C. Copy of Continuing Pharmacy Education
Certificates [06-28-97 to 06-30-97] D. Copy of Academic Achievement Letter and
Certificates [1995 to 1999] E. Copy of Certificates for University of
Cincinnati Bachelor of Science in Pharmacy Degree [06-15-86]; University of Cincinnati
Bachelor of Arts Degree [08-31-00];
and Certified Conservation Educator
[08-26-02] F. Four Photographs [not dated] G. Copy of DEA Controlled Substances
Registration Certificate for Westwood Pharmacy, Inc. [04-25-90 to 05-31-93]; Copy of Ohio
Terminal Distributor of Dangerous Drugs License for Westwood Pharmacy [1990]; Anabolic Steroid Inventory form |