RECORD OF THE PROCEEDINGS -- JUNE 21, 22, 23, 2004

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 Email: exec@bop.state.oh.us

Minutes Of The Meeting

Ohio State Board of Pharmacy

June 21, 22, 23, 2004

MONDAY, JUNE 21, 2004

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:

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; David Rowland, Legal Affairs Administrator; Robert Cole, Compliance Supervisor; and Sally Ann Steuk, Assistant Attorney General.

Mr. Rowland announced that the following Settlement Agreement in the matter of Paul Raptou, R.Ph. had been signed and was effective as of the date of the Board President’s signature:

R-2004-202

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

VOLUNTARY SURRENDER WITH DISCIPLINARY ACTION PENDING

In The Matter Of:

PAUL RAPTOU, R.Ph.

5380 Old Oxford Lane

Youngstown, Ohio 44512

(R.Ph. No. 03-2-07645)

This Settlement Agreement is entered into by and between Paul Raptou 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.

Paul Raptou 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.

Paul Raptou is knowingly and voluntarily acknowledging that, in order to settle the disciplinary charges that would be filed by the Board against him and in order to obviate the need to conduct an administrative hearing to consider possible disciplinary sanctions against Paul Raptou’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) Paul Raptou neither admits nor denies the allegations pending in the Board's investigation; however, the Board has initiated and conducted an investigation pursuant to the mandate of Sections 3719.18 and 4729.25 of the Ohio Revised Code.

(C) Paul Raptou acknowledges that he has been made aware of the investigation and has cooperated in said investigation. Paul Raptou further acknowledges that he has not been promised or given anything to indicate that the State of Ohio will not proceed with criminal charges; that criminal charges may be filed in the discretion of the appropriate prosecuting attorney(s) and/or grand jury(ies).

Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of the filing of formal ADMINISTRATIVE charges and 119. hearing at this time, Paul Raptou knowingly and voluntarily surrenders PERMANENTLY to the State Board of Pharmacy his license and registration to practice pharmacy, with disciplinary action pending.

Paul Raptou 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.

Paul Raptou 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. Paul Raptou waives any rights of appeal pursuant to Chapter 119. of the Ohio Revised Code.

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/ Paul Raptou		/d/ 6 - 5 - 04
Paul Raptou, R.Ph.		Date of Signature
/s/ Peter Zafirides		/d/ 6/5/04
Witness		Date of Signature
/s/ J. Gerald Ingram		/d/ 6–5–04
Witness		Date of Signature
/s/ Robert P. Giacalone		/d/ 6/21/04
Robert P. Giacalone, President, Ohio State Board of Pharmacy		Date of Signature
/s/ Sally Ann Steuk		/d/ 6–21–04
Sally Ann Steuk, Ohio Assistant Attorney General		Date of Signature

10:16 a.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 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. Gregg 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.

10:22 a.m.

Mr. Lipsyc left the Executive Session so the Board could consider settlement offers involving a Medic Drug pharmacy and pharmacist.

11:00 a.m.

Mr. Lipsyc returned to the Executive Session.

11:20 a.m.

Gregory Braylock, Board member, arrived and joined the Executive Session in progress.

11:40 a.m.

R-2004-203 The Executive Session ended and the meeting was opened to the public. Ms. Eastman moved that the Board permit Advance Novelty, Inc. to withdraw their application for a drug distributor license and that, as a result, the Board withdraw their Notice of Opportunity for a Hearing in the matter. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-7/Nay-0/Abstain-1[Braylock]).

R-2004-204 Mrs. Gregg moved that the Board accept the settlement offers in the matters of Medic Drug and Alan Weaver, R.Ph. as amended by the Board. The motion was seconded by Mr. Kost and approved by the Board (Aye-6/Nay-0/Abstain-2[Braylock,Lipsyc]). The settlement agreements, if accepted by the respondents, will become effective upon the signature of the Board President.

11:45 a.m.

The Board recessed for lunch.

1:45 p.m.

The Board reconvened 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:

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.

1:47 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 CVS/pharmacy #6194, Hilliard.

5:08 p.m.

The hearing ended and the record was closed. The Board meeting recessed until Tuesday, June 22, 2004.

tuesday, June 22, 2004

9:10 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:

R-2004-205 Mr. Benedict presented a series of questions from the National Association of Boards of Pharmacy (NABP) regarding score transfer and reciprocity issues with California. After discussion, Mrs. Gregg moved that the Board indicate on the questionnaire that they agree to participate in score transfer of the NAPLEX grades with California and that reciprocity candidates from California who have taken the NAPLEX exam after January 1, 2004 would be eligible for Ohio licensure by reciprocity if all other licensure requirements were met. The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

After discussion of the draft minutes from the May 2-4, 2004 Board meeting, Mrs. Adelman moved that they be approved as amended. The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

Mr. Braylock presented a report on the activities of the Nursing Board’s Committee on Prescriptive Governance (CPG).

R-2004-206 Mr. Benedict presented a request from Hospice of Northwest Ohio for Board approval of their method of positive identification for their Medication Administration Records (MAR). The system involves the use of a product called iKey, which is a USB version of a smart card. After discussion of the product and the procedures for using it that have been developed by Hospice of Northwest Ohio, Mrs. Gregg moved that the Board find this to be an approvable means of meeting the Board’s positive identification requirements. The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

R-2004-207 The Board next discussed three electronic prescribing systems that had requested Board review for compliance with the Board’s requirements for such systems. After discussion, Mrs. Gregg moved that the Board find the Medry/R-Referral system approvable pending final inspection of the installed product. The motion was seconded by Mr. Lipsyc and approved by the Board (Aye-8/Nay-0).

R-2004-208 After discussion of the Medent electronic prescribing system, Mrs. Gregg moved that the Board find that system approvable pending final inspection of the installed product. The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

R-2004-209 After discussion of the ProxyMed/Prescribe electronic prescribing system, Mrs. Adelman moved that the Board find that system approvable pending final inspection of the installed product. The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

R-2004-210 Mr. Benedict then requested Board approval to continue the Board’s membership in the National Association of State Controlled Substance Authorities (NASCSA) by paying the dues of $150 for the next year. Ms. Eastman moved that the Board approve the payment of the NASCSA dues as requested. The motion was seconded by Mrs. Adelman and approved by the Board (Aye-8/Nay-0).

R-2004-211 The Board considered a request from Omnicare Pharmacy (02-0908000) for an exemption to Rule 4729-5-10 (Pick-up station) so that patient-specific prescriptions for patients at eight different group homes could be delivered to Eastwood Residential Services Nursing Office (02-1397500) for distribution to the patients by the nurse when the patients are available. After discussion, Mrs. Gregg moved that the Board approve the request due to the need for involvement by a health care professional in the patient’s drug therapy [OAC Rule 4729-5-10(B)(5)(b)]. The motion was seconded by Mrs. Adelman and approved by the Board (Aye-8/Nay-0).

R-2004-212 The Board next considered a request from Kindred Hospital Pharmacy (02-1182150) for an exemption to Rule 4729-5-10 (Pick-up station) so that patient-specific intravenous prescription products prepared at Central Admixture Pharmacy Services (CAPS) (02-1312700) could be delivered to Kindred Hospital Pharmacy for distribution to the patients. After discussion, Mrs. Gregg moved that the Board approve the request due to the need for involvement by a health care professional in the patient’s drug therapy [OAC Rule 4729-5-10(B)(5)(b)]. The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

R-2004-213 The Board then considered a request from Lake West Hospital Pharmacy (02-0030600) for an exemption to Rule 4729-5-10 (Pick-up station) so that patient-specific intravenous prescription products prepared at Central Admixture Pharmacy Services (CAPS) (02-1312700) could be delivered to Lake West Hospital Pharmacy for distribution to the patients. After discussion, Mrs. Adelman moved that the Board approve the request due to the need for involvement by a health care professional in the patient’s drug therapy [OAC Rule 4729-5-10(B)(5)(b)]. The motion was seconded by Ms. Eastman and approved by the Board (Aye-8/Nay-0).

R-2004-214 Mr. McMillen presented a request from James Lindon, Pharm.D., Ph.D. that the Board grant his firm, Lindon & Lindon, approval as a provider of continuing pharmacy education. After discussion, Ms. Eastman moved that the Board approve Lindon & Lindon as an in-state provider of continuing pharmacy education. The motion was seconded by Mrs. Adelman and approved by the Board (Aye-8/Nay-0).

10:45 a.m.

The Board took a brief recess.

10:59 a.m.

The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of creating a record in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of Better Dayz Health Care, Cleveland.

11:05 a.m.

The record was closed. 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 Giacalone as follows: Adelman-Yes, Braylock-Yes, Eastman-Yes, Gregg-Yes, Kost-Yes, Lipsyc-Yes, Teater-Yes, and Turner-Yes.

12:30 p.m.

R-2004-215 The Executive Session ended. Mrs. Teater moved that the Board adopt the following Order in the matter of Better Dayz Health Care:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-040407-064)

In The Matter Of:

BETTER DAYZ HEALTH CARE

c/o Fred Roberts III

10209 Lamontier Avenue

Cleveland, Ohio 44104-4839

INTRODUCTION

THE MATTER OF BETTER DAYZ HEALTH CARE CAME FOR CONSIDERATION ON JUNE 22, 2004, 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.

BETTER DAYZ HEALTH CARE WAS NOT REPRESENTED NOR WAS IT REPRESENTED BY COUNSEL AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

State’s Witnesses

1. Timothy J. Benedict, R.Ph., Ohio State Board of Pharmacy

Respondent's Witnesses

None

State's Exhibits

1. Copy of Proposal to Deny/Notice of Opportunity For Hearing letter [04-07-04]

2. Application for Registration As A Wholesale Distributor of Dangerous Drugs and Application for a Wholesaler of Controlled Substances License [09-22-03]

Respondent's Exhibits

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 April 7, 2004, Better Dayz Health Care was notified by letter of its right to a hearing, its rights in such hearing, and its right to submit any contentions in writing.

(2) As demonstrated by return receipt dated April 20, 2004, Fred Roberts III received the letter of April 7, 2004, informing him of the evidence to propose to deny his applications for registration as a Wholesale Distributor of Dangerous Drugs and for a Wholesaler of Controlled Substances license, and his rights.

(3) Better Dayz Health Care has not responded in any manner to the letter of April 7, 2004 and has not requested a hearing in this matter, therefore the matter was referred to the Board for consideration.

(4) Records of the State Board of Pharmacy indicate that on or about September 22, 2003, Fred Roberts III was the owner of Better Dayz Health Care, and that on September 22, 2003, Better Dayz Health Care applied for registration as a Wholesale Distributor of Dangerous Drugs and for a Wholesaler of Controlled Substances license.

(5) Better Dayz Health Care has not provided satisfactory proof to the Board that its past experience in the manufacture or distribution of dangerous drugs, including controlled substances, is acceptable to the Board. The facility's owner has indicated to Board agents that he is the only employee and he has no experience in the wholesale drug field. Proof of acceptable experience is required by Section 4729.53(A)(2) of the Ohio Revised Code.

(6) Better Dayz Health Care has not provided satisfactory proof to the Board that it is equipped as to land, buildings, equipment, and personnel to properly carry on the business of a wholesale distributor or dangerous drugs, including providing adequate security for and proper storage conditions and handling for dangerous drugs. The facility submitted its application using an address of a carwash; subsequently changed its address to another building for which Better Dayz Health Care has no ownership or lease rights of possession. Neither facility has acceptable security or storage conditions for dangerous drugs. Proof of acceptable physical facilities is required by Sections 4729.53(A)(3) and 3719.03(B) of the Ohio Revised Code.

(7) Better Dayz Health Care has not provided satisfactory proof to the Board that adequate safeguards are assured to prevent the sale of dangerous drugs to any person other than those named in Division (B) of Section 4729.51 of the Revised Code. Such is required by Section 4729.53(A)(6) of the Ohio Revised Code.

(8) Granting of the registration certificate currently being requested by Better Dayz Health Care is not in the public interest as set forth in Sections 4729.53(B) and 3719.03(E) of the Ohio Revised Code.

CONCLUSIONS OF LAW

(1) The State Board of Pharmacy concludes that paragraphs (5) through (8) of the Findings of Fact constitute failure to meet the qualifications set forth in Sections 3719.03 and 4729.53(A) of the Ohio Revised Code.

(2) The State Board of Pharmacy concludes that paragraph (8) of the Findings of Fact constitutes failure to furnish satisfactory proof to the Board that granting a license or registration certificate to Better Dayz Health Care is in the public interest as provided in Sections 3719.03(E) and 4729.53(B) of the Ohio Revised Code.

DECISION OF THE BOARD

Pursuant to Sections 3719.03 and 4729.53 of the Ohio Revised Code, and after consideration of the record as a whole, the State Board of Pharmacy hereby refuses to license or register Better Dayz Health Care and, therefore, denies the Application for a Wholesaler of Controlled Substances License and the Application for Registration as a Wholesale Distributor of Dangerous Drugs submitted by Fred Roberts III on April 7, 2004.

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

MOTION CARRIED.

SO ORDERED.

The motion was seconded by Mr. Turner and approved by the Board (Aye-8/Nay-0).

12:32 p.m.

The Board recessed for lunch.

1:30 p.m.

The Board convened in Room South-A, 31st Floor, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio, for the purpose of meeting with the candidates for licensure by reciprocity with the following members present:

R-2004-216 Following presentations by Board members and self-introductions by the candidates for licensure by reciprocity, the following candidates participated in a discussion of pharmacy laws and rules with Mr. McMillen and were then presented with their pharmacist identification cards.

JOHN AUDIS BETHEA, JR.

GINA MARIE DIBONA

RONALD L. FINE

AMY MARIE GARDNER

MAHDI AL HALLAQ

DAWN CLARA HORNBACH

JOAN NOEL HUTCHINGS

JOSEPH WILLIAM KARASEK

KATARZYNA KIMBOROWICZ

DAWNE MICHELLE KOCH

THOMAS HARRY KOONTZ

ADELE HELEN RIKE

NORRIS ARVIN SIMMONS

03-2-26343

03-2-26345

03-2-26339

03-2-26382

03-2-26385

03-2-26291

03-2-26233

03-2-26261

03-2-26357

03-2-26224

03-2-26166

03-2-26206

03-2-26265

SOUTH CAROLINA

ILLINOIS

ALABAMA

PENNSYLVANIA

KENTUCKY

INDIANA

NEVADA

MICHIGAN

ILLINOIS

KANSAS

TEXAS

PENNSYLVANIA

KENTUCKY

1:53 p.m.

The Board reconvened in Room West-B&C where they were 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 Venubabu Talasila, R.Ph., Dublin.

4:05 a.m.

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

4:15 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 Mrs. Gregg 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.

4:25 p.m.

R-2004-217 The Executive Session ended. Mrs. Adelman moved that the Board adopt the following Order in the matter of Venubabu Talasila, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-031209-043)

In The Matter Of:

VENUBABU TALASILA, R.Ph.

5822 Gaelic Court

Dublin, Ohio 43016

(R.Ph. No. 03-1-24354)

INTRODUCTION

THE MATTER OF VENUBABU TALASILA CAME FOR HEARING ON JUNE 22, 2004, 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.

VENUBABU TALASILA WAS REPRESENTED BY DANIEL D. CONNOR AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

State’s Witnesses

1. Christopher Reed, Ohio State Board of Pharmacy

Respondent's Witnesses

1. Venubabu Talasila, R.Ph., Respondent

2. Jhansi Talasila

3. LaNikki Thomas

4. Nathan Menaged

State's Exhibits

1. Copy of Summary Suspension Order/Notice of Opportunity For Hearing letter [12-09-03]

1A-1D. Procedurals

2. Notarized Statement of Venubabu Talasila [11-14-03]

3. Clear plastic bag containing marijuana

Respondent's Exhibits

A1. PRO Pharmacist’s Recovery Contract for Venubabu Talasila [11-18-03]

A2. Letter from Edna Jones, M.D. [06-01-04]

A3. Three letters from The Woods At Parkside treatment counselors [04-19-04 to 06-08-04]

A4. Parkside Medical Records for Venubabu Talasila [11-24-03 to 05-21-04]

A5. Compass Vision Drug Screen Reports [01-13-04 to 05-12-04]

A6. Support Group Attendance Records [11-18-03 to 06-14-04]

A7A-A7D. Letters of Support [05-05-04 to 06-15-04]

B. Compass Vision Drug Screen Report [06-10-04]

C. Support Group Attendance Records [03-01-04 to 03-31-04]

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 Venubabu Talasila was originally licensed by the State of Ohio as a pharmacist on October 10, 2000, pursuant to examination, and that his license to practice pharmacy in Ohio was summarily suspended effective December 9, 2003

(2) Venubabu Talasila is abusing drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy, to wit: while practicing pharmacy, Venubabu Talasila was observed leaving the building and smoking marijuana; Venubabu Talasila has admitted to doing this routinely; and, Venubabu Talasila has admitted to beginning to engage in this activity because of job stress. Such conduct indicates that Venubabu Talasila falls within the ambit of Sections 3719.121(A) and 4729.16(A)(3) of the Ohio Revised Code.

(3) Venubabu Talasila did, on or about November 14, 2003, knowingly possess a controlled substance when the conduct was not in accordance with Chapters 3719. and 4729. of the Ohio Revised Code, to wit: Venubabu Talasila possessed a plastic bag in his automobile which contained marijuana, a Schedule I controlled substance. Such conduct is in violation of Section 2925.11 of the Ohio Revised Code.

(4) Venubabu Talasila did, on or about November 14, 2003, knowingly make a false statement when made with purpose to mislead a public official in performing his official function, to wit: Venubabu Talasila lied to Board agents who were investigating his marijuana-smoking activities. Venubabu Talasila maintained that he was smoking cigarettes rather than marijuana both verbally and by showing the agents a cigarette package. When the agents searched his automobile and found marijuana, Venubabu Talasila yelled that it had been "planted." Such conduct is in violation of Section 2921.13 of the Ohio Revised Code.

CONCLUSIONS OF LAW

(1) The State Board of Pharmacy concludes that paragraph (3) of the Findings of Fact constitutes being guilty of a felony and gross immorality as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code.

(2) The State Board of Pharmacy concludes that paragraphs (3) and (4) of the Findings of Fact constitute being guilty of dishonesty and unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code.

(3) The State Board of Pharmacy concludes that paragraph (2) of the Findings of Fact constitutes 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) The State Board of Pharmacy concludes that paragraph (3) of the Findings of Fact constitutes being guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapter 2925. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

DECISION 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 Venubabu Talasila on December 9, 2003.

Pursuant to Section 4729.16 of the Ohio Revised Code, and after consideration of the record as a whole, the State Board of Pharmacy hereby adjudicates the matter of Venubabu Talasila as follows:

(A) On the basis of the Findings of Fact and Conclusions of Law set forth above, the State Board of Pharmacy hereby approves the reinstatement of the pharmacist identification card, No. 03-1-24354, held by Venubabu Talasila to practice pharmacy in Ohio and places Venubabu Talasila on probation for five years beginning on the effective date of this Order, with the following conditions:

(1) Venubabu Talasila must enter into a new contract, signed within thirty 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 and submit a copy of the signed contract to the Board office before Venubabu Talasila’s pharmacist identification card is issued. The contract must provide that:

(a) Random, observed urine drug screens shall be conducted at least once each month for the first year and then at least once every three months for the remaining four years.

(i) The urine sample must be given within twelve hours of notification. The urine drug screen must include testing for creatinine or specific gravity of the sample as the dilutional standard.

(ii) Marijuana must be added to the standard urine drug screen.

(iii) Results of all drug screens must be negative. Refusals of urine screens or diluted urine screens are equivalent to a positive result. Any positive results, including those that may have resulted from ingestion of food, but excluding false positives that resulted from medication legitimately prescribed, indicate a violation of probation.

(b) The intervener/sponsor shall provide copies of all drug screen reports to the Board in a timely fashion.

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

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

(2) Venubabu Talasila must submit quarterly progress reports to the Board (due January 10, April 10, July 10, and October 10 of each year of probation) that include:

(a) The written report and documentation provided by the treatment program pursuant to the contract, and

(b) A written description of Venubabu Talasila's progress towards recovery and what Venubabu Talasila has been doing during the previous three months.

(3) Other terms of probation are as follows:

(a) The State Board of Pharmacy hereby declares that Venubabu Talasila'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.

(b) Venubabu Talasila may not serve as a responsible pharmacist.

(d) Venubabu Talasila must abide by the contract with his treatment provider and must immediately report any violation of the contract to the Board.

(e) Venubabu Talasila must not violate the drug laws of Ohio, any other state, or the federal government.

(f) Venubabu Talasila must abide by the rules of the State Board of Pharmacy.

(g) Venubabu Talasila must comply with the terms of this Order.

(h) Venubabu Talasila's license is deemed not in good standing until successful completion of the probationary period.

(4) Any violation of probation may result in a Board hearing to consider alternative or additional sanctions under Section 4729.16 of the Ohio Revised Code.

(B) On the basis of the Findings of Fact and Conclusions of Law set forth above, the State Board of Pharmacy hereby imposes on Venubabu Talasila a monetary penalty of two hundred fifty dollars ($250.00) due and owing within thirty days of the issuance of this Order. The monetary penalty should be made payable to the “Treasurer, State of Ohio" and mailed with the enclosed form to the State Board of Pharmacy, 77 South High Street, Room 1702, Columbus, Ohio 43215-6126.

Venubabu Talasila is hereby advised that the Board may at any time revoke probation for cause, modify the conditions of probation, and reduce or extend the period of probation. At any time during this period of probation, the Board may revoke probation for a violation occurring during the probation period.

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

MOTION CARRIED.

SO ORDERED.

The motion was seconded by Mrs. Gregg and approved by the Board (Aye-7/Nay-1).

Mr. Benedict stated that there was no Prescribing Committee Report to be given.

Mr. Keeley discussed his Legislative Report with the Board.

Ms. Eastman discussed the policy of Ohio Medicaid regarding mandatory tablet splitting for the products Paxil, Zoloft, and Lexapro. There was no official Board action on that subject taken at this time.

5:15 p.m.

The Board meeting recessed until Wednesday, June 23, 2004.

wednesday, june 23, 2004

8:05 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:

8:06 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 Giacalone as follows: Adelman-Yes, Braylock-Yes, Eastman-Yes, Gregg-Yes, Kost-Yes, Lipsyc-Yes, Teater-Yes, and Turner-Yes.

9:05 a.m.

R-2004-218 The Executive Session ended and the meeting was opened to the public. Mr. Braylock moved that the Board adopt the following Order in the matter of CVS/pharmacy #6194:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-030910-010)

In The Matter Of:

CVS/PHARMACY #6194

c/o Robert N. Erskine, R.Ph.

4610 Cemetery Road

Hilliard, Ohio 43026

(T.D. No. 02-0765850)

INTRODUCTION

THE MATTER OF CVS/PHARMACY #6194 CAME FOR HEARING ON JUNE 21, 2004, 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.

CVS/PHARMACY #6194 WAS REPRESENTED BY DAVID W. GRAUER AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

State’s Witnesses

1. Robert Amiet, Jr., R.Ph., Compliance Specialist, Ohio State Board of Pharmacy

Respondent's Witnesses

1. Susan DelMonico, R.Ph., J.D.

State's Exhibits

1. Copy of Notice of Opportunity For Hearing letter [09-10-03]

1A-1E. Procedurals

2. Anonymous letter to Tim Benedict [04-18-03]

3. Copy of Ohio State Board of Pharmacy Mission Statement [01-04-99]

4. Copy of Ohio Revised Code (ORC) Section 4729.26 (State board of pharmacy may adopt rules) [07-22-98]

5. Copy of Ohio Administrative Code (OAC) Rule 4729-5-27 (Recordkeeping) [02-01-02]

6. Copy of OAC Rule 4729-5-29 (Confidentiality of patient records) [02-01-02]

7. Summary of Medication Errors Reported to Ohio State Board of Pharmacy [2001 to 2003]

Respondent's Exhibits

A. Memorandum in Support of CVS’ Position Regarding Discoverability of Incident Report Information [not dated]

C. Copy of Ohio Revised Code (ORC) Section 4731.22.4 (Healthcare facilities, licensees, professional associations and insurers to report misconduct) [04-10-01]

D. Copy of article by Carol Ukens, “Disciplining Pharmacists” [Drug Topics, June 7, 2004]

E. Memorandum from Susan Abramski to David Grauer [06/17/04]

F. Copy of Texas Occupations Code Sections 564.101, 564.102, 564.103, 564.104, 564.105, 564.106, and 565.055 [09-01-01]

G. Copy of Florida Statute: Title XLV Torts, Section 766.101 (Medical review committee, immunity from liability) [not dated]; Copy of Florida Rule 64B16-27.300 (Standards of Practice - Continuous Quality Improvement Program) [not dated]

H. Copy by Anderson’s OnLine Documentation of ORC Sections 2305.25 (Definitions concerning peer review committees) [08-01-03] and 2305.252 (Confidentiality of proceedings and records) [04-09-03]

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 CVS/pharmacy #6194 is licensed as a Terminal Distributor of Dangerous Drugs and Robert N. Erskine, R.Ph. is the Responsible Pharmacist, pursuant to Rule 4729-5-11 of the Ohio Administrative Code and Sections 4729.27 and 4729.55 of the Ohio Revised Code.

(2) CVS/pharmacy #6194 did, on or about May 19, 2003, fail to keep all records relating to the practice of pharmacy readily available and promptly produce them upon request for inspection by a State Board of Pharmacy agent during regular business hours, to wit: when a Board agent requested copies of records of dispensing documenting errors, the CVS/pharmacy Supervisor refused the request. Incident reports as defined in Section 2305.25(D) of the Ohio Revised Code were not requested. Such conduct is in violation of Rule 4729-5-27(H) of the Ohio Administrative Code.

(3) CVS/pharmacy #6194 did, on or about May 19, 2003, when maintaining records relating to the practice of pharmacy at a location other than the place licensed with the Board, fail to first send written notification to the State Board of Pharmacy; further, CVS/pharmacy #6194 placed such records of dispensing in an off-site location without the written approval from the Board, to wit: when a Board agent requested copies of records of dispensing documenting errors that were generated at the pharmacy, ~~but~~the records were being maintained elsewhere. Such conduct is in violation of Rule 4729-5-27(J) of the Ohio Administrative Code.

(4) CVS/pharmacy #6194 did, on or about June 2, 2003, fail to keep all records relating to the practice of pharmacy readily available and promptly produce them upon request for inspection by a State Board of Pharmacy agent during regular business hours, to wit: when a Board agent requested copies of records of dispensing documenting errors, the CVS Region Manager refused the request, this being the second such request for the records. Incident reports as defined in Section 2305.25(D) of the Ohio Revised Code were not requested. Such conduct is in violation of Rule 4729-5-27(H) of the Ohio Administrative Code.

(5) CVS/pharmacy #6194 did, on or about June 30, 2003, fail to keep all records relating to the practice of pharmacy readily available and promptly produce them upon request for inspection by a State Board of Pharmacy agent during regular business hours, to wit: when Board staff requested copies of records of dispensing documenting errors, the CVS counsel refused the request, this being the third such request for the records. Incident reports as defined in Section 2305.25(D) of the Ohio Revised Code were not requested. CVS counsel advised the Board staff to “go ahead and issue a citation.” Such conduct is in violation of Rule 4729-5-27(H) of the Ohio Administrative Code.

CONCLUSION OF LAW

The State Board of Pharmacy concludes that paragraphs (2) through (5) of the Findings of Fact constitute being guilty of violating any rule of the Board as provided in Division (A)(2) of Section 4729.57 of the Ohio Revised Code.

DECISION OF THE BOARD

Pursuant to Section 4729.57 of the Ohio Revised Code, and after consideration of the record as a whole, the State Board of Pharmacy adjudicates the matter of CVS/pharmacy #6194, Terminal Distributor License No. 02-0765850, as follows:

(A) On the basis of the Findings of Fact and Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes the Terminal Distributor license, No. 02-0765850, held by CVS/pharmacy #6194 effective as of the date of the mailing of this Order. Further, the Board suspends the revocation provided CVS/pharmacy #6194 produces the information requested within ten (10) business days of the date of the mailing of this Order. Copies of the incident reports do not need to be provided.

(B) On the basis of the Findings of Fact and Conclusions of Law set forth above, the State Board of Pharmacy hereby imposes a monetary penalty of four thousand dollars ($4,000.00) on CVS/pharmacy #6194, Terminal Distributor License No. 02-0765850, and payment of the monetary penalty is due and owing within thirty days of the mailing of this Order. The remittance should be made payable to the "Treasurer, State of Ohio” and mailed with the enclosed form to the State Board of Pharmacy, 77 South High Street, Room 1702, Columbus, Ohio 43215-6126.

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

MOTION CARRIED.

SO ORDERED.

The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

9:19 a.m.

11:50 a.m.

The hearing ended and the record was closed. The Board recessed for lunch.

1:15 p.m.

The Board reconvened in Room West-B&C, 31st Floor, Vern Riffe Center for Government and the Arts with all members present.

R-2004-219 At the request of the provider, the Board reconsidered a continuing pharmacy education (CPE) program intended to provide Board-approved jurisprudence credit. The program, submitted by CVS, had previously been denied for use as Board-approved jurisprudence. After discussion by the Board, Mrs. Gregg moved that the Board deny the program again as not meeting the Board’s requirements for the CPE jurisprudence requirement. The motion was seconded by Ms. Eastman and approved by the Board (Aye-8/Nay-0).

R-2004-220 Mr. Keeley presented a request from Buderer Drug Company for exemptions to Rule 4729-5-10 (Pick-up station) so that:

(1) Patient-specific compounded prescription products prepared at Buderer Drug Company/Perrysburg (02-1198400) or Buderer Drug Company/Sandusky (02-1106900) could be delivered to Firelands Hospital Pharmacy (02-0034900) and the Medical College of Ohio Hospital Pharmacy (02-0040000) for distribution to patients, and

(2) Patient-specific prescription products prepared at Fisher Drug Company (02-0397150) could be delivered to Buderer Drug Company/Perrysburg (02-1198400) or Buderer Drug Company/Sandusky (02-1106900) for delivery with compounded items prepared at those pharmacies.

After discussion, Mr. Lipsyc moved that the Board approve the request due to the need for involvement by a health care professional in the patient’s drug therapy [OAC Rule 4729-5-10(B)(5)(b)]. The motion was seconded by Mr. Turner and approved by the Board (Aye-8/Nay-0).

Mr. Braylock and Mr. Benedict presented the Probation Report to the Board. There were no issues requiring official action by the Board.

R-2004-221 The Board members then conducted the election of officers for Fiscal Year (FY) 2005 with the following results:

President – Lawrence Kost, R.Ph.

Vice-President – Suzanne Eastman, R.Ph.

2:18 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 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.

3:35 p.m.

R-2004-222 The Executive Session ended and the meeting was opened to the public. Mr. Braylock moved that the Board adopt the following Order in the matter of Zachary Daniel Hennekes, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-031224-048)

In The Matter Of:

ZACHARY DANIEL HENNEKES, R.Ph.

2777 McIntire Road

Morrow, Ohio 45152

(R.Ph. No. 03-2-23584)

INTRODUCTION

THE MATTER OF ZACHARY DANIEL HENNEKES CAME FOR HEARING ON JUNE 23, 2004 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.

ZACHARY DANIEL HENNEKES WAS REPRESENTED BY HARRY B. PLOTNICK AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

State’s Witnesses

1. Richard Haun, Ohio State Board of Pharmacy

Respondent's Witnesses

1. Zachary Daniel Hennekes, R.Ph., Respondent

2. James Liebetrau, R.Ph.

3. Christopher Good, R.Ph.

State's Exhibits

1. Copy of Summary Suspension Order/Notice of Opportunity For Hearing letter [12-24-03]

1A-1C. Procedurals

2. Notarized Statement of Zachary Hennekes [12-16-03]

3. Notarized Statement of Jamie Hennekes [12-16-03]

4. Indictment [01-20-04]; and Judgment Entry of Sentence [05-25-04] State of Ohio vs. Zachary Daniel Hennekes, Case No. 04CR21186, Warren County Common Pleas Court

5. Drug Audit Accountability Statement Sheet for Percocet 5/325 mg [12-17-03]; Drug Audit Accountability Statement Sheet for OxyContin CR 10 mg [12-17-03]; DEA Order Form #032593405 to Cardinal Distribution from Kroger Pharmacy #014408 [08-19-03], Kroger Pharmacy Perpetual Inventory Sheet for Oxycontin 10 mg [04-03-03 to 09-17-03], Cardinal Health Invoice #7315328 for Kroger Pharmacy 14408 [08-21-03]; Drug Audit Accountability Statement Sheet for OxyContin 20 mg [12-17-03]; Drug Audit Accountability Statement Sheet for OxyContin IR 5 mg [12-17-03]; DEA Order Form #020902837 to Cardinal Distribution from Kroger Pharmacy #014408 [04-09-03], Kroger Pharmacy Perpetual Inventory Sheet for Oxycodone IR 5 mg caps [04-01-03 to 07-10-03], Cardinal Health Invoice #7068025 for Kroger Pharmacy 14408 [04-11-03], DEA Order Form #020902849 to Cardinal Distribution from Kroger Pharmacy #014408 [05-13-03], Kroger Pharmacy 14408 Perpetual Inventory Sheet for Oxycodone IR 5 mg caps [04-01-03 to 07-10-03], Cardinal Health Invoice #7130719 for Kroger Pharmacy 14408 [05-15-03]; DEA Order Form #020902815 to Cardinal Distribution from Kroger Pharmacy #014408 [06-02-03], Kroger Pharmacy Perpetual Inventory Sheet for Oxycodone 5 mg tabs [01-16-03 to 12-01-03], Cardinal Health Invoice #7164725 for Kroger Pharmacy 14408 [06-04-03]; DEA Order Form #020902841 to Cardinal Distribution from Kroger Pharmacy #014408 [07-15-03], Kroger Pharmacy Perpetual Inventory Sheet for Oxycodone IR 5 mg caps [07-15-03 to 11-20-03], Cardinal Health Invoice #7244329 for Kroger Pharmacy 14408 [07-16-03]; Drug Audit Accountability Statement Sheet for Oxycodone/APAP 5/325 mg [12-17-03]; Drug Audit Accountability Statement Sheet for Valium 10 mg [12-17-03]; Drug Audit Accountability Statement Sheet for Vicodin ES 7.5/750 mg [12-17-03]; Drug Audit Accountability Statement Sheet for Hydrocodone 7.5/750 mg [12-17-03]; Drug Audit Accountability Statement Sheet for Lortab 10/500 mg [12-17-03]

6. Report of diverted C-II Scripts at Maineville Kroger [09-07-03 to 12-15-03]; Report of diverted C-III, C-IV, and C-V Scripts at Maineville Kroger [09-10-03 to 11-20-03]

7. Copy of Rx #2202401 [11-03-03], Rx #2202432 [11-06-03], Rx #4406239 [11-06-03], Copy of Patient Medical Expenses Report for Robert Dixon [11-03-03 to 12-15-03]

8. Copy of Rx #2202467 [11-14-03], Copy of Patient Medical Expenses Report for Robert Davidson [11-14-03]

9. Copy of Rx #2202488 [11-19-03], Rx #4406425 [11-20-03], Copy of Patient Medical Expenses Report for Grant Conway [11-19-03 to 11-20-03]

10. Copy of Rx #2202612 [12-14-03], Copy of Patient Medical Expenses Report for Trevor Boggs [12-14-03]

11. Copy of Rx # 2202577 [12-08-03], Rx #2202434 [11-07-03], Rx #2202435 [11-07-03], Rx #2202219 [09-24-03], Rx #2202220 [09-24-03], Rx #4406370 [11-16-03], Rx #4406244 [11-06-03], Copy of Patient Medical Expenses Report for John McNeese [09-24-03 to 12-15-03]

12. Copy of Rx #2202308 [10-13-03], Rx #2202541 [11-30-03], Rx #2202597 [11-30-03], Rx #2202130 [09-07-03], Rx #2202131 [09-07-03], Rx #4406275 [11-10-03], Rx #4405617 [09-10-03], Copy of Patient Medical Expenses Report for John Carver [09-07-03 to 12-15-03]

13. Copy of Rx #2202614 [12-15-03], Rx #2202271 [10-05-03], Rx #2202505 [11-24-03], Rx #2202159 [09-12-03], Rx #2202158 [09-12-03], Rx #4406369 [11-16-03], Rx #4406092 [10-24-03], Rx #4406093 [10-24-03], Rx #4406240 [11-06-03], Copy of Patient Medical Expenses Report for Christina Watson [09-12-03 to 12-15-03]

14. Copy of Extortion letter [not dated]

15. Copy of Warren County Drug Task Force Evidence Report [12-17-03]; Copy of Miami Valley Regional Crime Laboratory Report [not dated]

Respondent's Exhibits

A. Change of Plea and Entry, State of Ohio vs. Zachary D. Hennekes, Case No. 04CR21186, Warren County Common Pleas Court [04-07-04]

B. Judgment Entry of Sentence [05-25-04]

C. Copy of PRO Pharmacist’s Recovery Contract for Zachary D. Hennekes [03-11-04]

D. Copy of Scheduling Letter from Mental Health & Recovery Centers of Warren County to Zachary Hennekes [02-11-04]

E. Copy of Support Group Attendance Records [01-08-04 to 05-29-04]

F. Copy of Progress Report from Donna Kahle, LSW, CCDCI and Jane L. Groh, MSW, LISW [06-04-04]

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 Zachary Daniel Hennekes was originally licensed by the State of Ohio as a pharmacist on July 16, 1999, pursuant to examination, and that his license to practice pharmacy in Ohio was summarily suspended effective December 24, 2003. Records further reflect that during the relevant time periods stated herein, Zachary Daniel Hennekes was the Responsible Pharmacist at Kroger Pharmacy #014408, 5705 South State Route #48, Maineville, Ohio, pursuant to Sections 4729.27 and 4729.55 of the Ohio Revised Code and Rule 4729-5-11 of the Ohio Administrative Code.

(2) Zachary Daniel Hennekes is addicted to or abusing controlled drugs to such a degree as to render him unfit to practice pharmacy, to wit: Zachary Daniel Hennekes has admitted to being addicted to OxyContin; Zachary Daniel Hennekes has admitted to stealing controlled substances for his personal abuse, for abuse by his wife, and for selling to others; and, Zachary Daniel Hennekes has admitted to forging prescriptions to cover for the thefts. Such conduct indicates that Zachary Daniel Hennekes falls within the ambit of Sections 3719.121 and 4729.16(A)(3) of the Ohio Revised Code.

(3) Zachary Daniel Hennekes did, from May, 2003, through December 15, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Kroger Pharmacy #014408, beyond the express or implied consent of the owner, to wit: Zachary Daniel Hennekes has admittedly stolen over 2,000 dosage units of OxyContin, Percocet, Oxy IR, Vicodin ES, generic Vicodin ES, and Xanax, which are Schedule II or III controlled substances. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(4) Zachary Daniel Hennekes did, on or about late August, 2003, receive, retain, and/or dispose of property knowing or having reasonable cause to believe it was obtained through the commission of a theft offense, to wit: Zachary Daniel Hennekes received stolen, uncompleted preprinted prescription blanks used to write prescriptions, and Zachary Daniel Hennekes used them to cover for the thefts of controlled substances. Such conduct is in violation of Section 2913.51 of the Ohio Revised Code.

(5) Zachary Daniel Hennekes did, from May, 2003, through December 15, 2003, aid and/or abet another, his wife, to sell controlled substances when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: after stealing OxyContin and Xanax with his help and consent, Zachary Daniel Hennekes’ wife would sell the drugs to others. Such conduct is in violation of Section 2925.03 of the Ohio Revised Code.

(6) Zachary Daniel Hennekes did, on or about the following dates, intentionally create and/or knowingly possess the following false or forged prescriptions for Schedule II controlled substances:

Rx#	Date	Amt	Drug
2202130	09/07/03	60	OxyContin 40 mg
2202131	09/07/03	60	OxyContin 20 mg
2202158	09/12/03	60	OxyContin 20 mg
2202159	09/12/03	60	OxyContin 40 mg
2202219	09/24/03	60	OxyContin 20 mg
2202220	09/24/03	60	OxyContin 40 mg
2202271	10/05/03	120	OxyContin 80 mg
2202308	10/13/03	90	OxyContin 40n mg
2202401	11/03/03	90	OxyContin 40 mg
2202432	11/06/03	100	Percocet 5/325
2202434	11/07/03	60	OxyContin 40 mg
2202435	11/07/03	60	OxyContin 20 mg
2202467	11/14/03	90	OxyContin 40 mg
2202488	11/19/03	120	OxyContin 40 mg
2202505	11/24/03	120	OxyContin 40 mg
2202577	12/08/03	120	OxyContin 40 mg
2202597	11/30/03	60	OxyContin 80 mg
2202612	12/14/03	60	OxyContin 40 mg
2202614	12/15/03	100	OxyContin 80 mg

Such conduct is in violation of Section 2925.23 of the Ohio Revised Code.

CONCLUSIONS OF LAW

(1) The State Board of Pharmacy concludes that paragraphs (2) through (6) of the Findings of Fact constitute being guilty of a felony and gross immorality as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code.

(2) The State Board of Pharmacy concludes that paragraphs (2) through (6) 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) 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) The State Board of Pharmacy concludes that paragraphs (5) and (6) of the Findings of Fact constitute being guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapter 2925. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

DECISION 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 Zachary Daniel Hennekes, R.Ph. on December 24, 2003.

Pursuant to Section 4729.16 of the Ohio Revised Code, and after consideration of the record as a whole, the State Board of Pharmacy hereby suspends indefinitely the pharmacist identification card, No. 03-2-23584, held by Zachary Daniel Hennekes and such suspension is effective as of the date of the mailing of this Order.

(A) Zachary Daniel Hennekes, pursuant to Rule 4729-9-01(F) of the Ohio Administrative Code, may not be employed by or work in a facility licensed by the State Board of Pharmacy to possess or distribute dangerous drugs during such period of suspension.

(B) Zachary Daniel Hennekes, pursuant to Section 4729.16(B) of the Ohio Revised Code, must return his identification card and license (wall certificate) to the office of the State Board of Pharmacy within ten days after receipt of this Order unless the Board office is already in possession of both. The identification card and wall certificate should be sent by certified mail, return receipt requested.

Further, seven years from the effective date of Zachary Daniel Hennekes’ Summary Suspension Order, the Board will consider any petition filed by Zachary Daniel Hennekes 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:

(A) Zachary Daniel Hennekes must enter into a new contract, signed within thirty 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 and, upon signing, mail a copy of the contract to the Board office. The contract must provide that:

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

(a) The urine sample must be given within twelve hours of notification. The urine drug screen must include testing for creatinine or specific gravity of the sample as the dilutional standard.

(b) OxyContin must be added to the standard urine drug screen.

(c) Results of all drug screens must be negative. Refusal of a drug screen or a diluted drug screen is equivalent to a positive result. Any positive results, including those which may have resulted from ingestion of food, but excluding false positives which resulted from medication legitimately prescribed, indicates a violation of the contract.

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

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

(B) Zachary Daniel Hennekes must demonstrate satisfactory proof to the Board that he is no longer addicted to or abusing drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy.

(1) An effort of payment for restitution to Kroger;

(2) Taking and passing, no more that one year prior to his reinstatement hearing, the North American Pharmacist Licensure Examination (NAPLEX) or an equivalent examination approved by the Board.

(3) Compliance with the contract required above (e.g.-proof of giving the sample within twelve hours of notification and copies of all drug screen reports, meeting attendance records, treatment program reports, etc.);

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

(5) Compliance with the terms of this Order.

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

MOTION CARRIED.

SO ORDERED.

The motion was seconded by Mr. Turner and approved by the Board (Aye-5/Nay-3).

R-2004-223 President Giacalone then administered the following oaths of office to the new officers for FY 2005:

OATH OF PRESIDENT

I, Lawrence J. Kost, as President of the Ohio Board of Pharmacy do solemnly swear to uphold the Constitution of the United States and the state of Ohio; to impartially enforce the laws governing the profession of pharmacy and the legal distribution of drugs in the state of Ohio; and carry out the responsibilities of the Board as mandated by the laws of the state of Ohio without bias or prejudice, so help me God.

OATH OF VICE-PRESIDENT

I, Suzanne R. Eastman, as Vice-President of the Ohio Board of Pharmacy do solemnly swear to uphold the Constitution of the United States and the state of Ohio; to impartially enforce the laws governing the profession of pharmacy and the legal distribution of drugs in the state of Ohio; and carry out the responsibilities of the Board as mandated by the laws of the state of Ohio without bias or prejudice, so help me God.

3:40 p.m.

Mr. Braylock moved that the Board receive Per Diem as follows:

PER DIEM	5/27	6/14	6/21	6/22	6/23	Total
Adelman	-	-	1	1	1	3
Braylock	-	1	1	1	1	4
Eastman	-	-	1	1	1	3
Giacalone	-	-	1	1	1	3
Gregg	1	-	1	1	1	4
Lipsyc	-	-	1	1	1	3
Kost	-	-	1	1	1	3
Teater	-	-	1	1	1	3
Turner	-	-	1	1	1	3

The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

3:40 p.m.

Mrs. Adelman moved that the meeting be adjourned. The motion was seconded by Mr. Lipsyc and approved by the Board (Aye-8/Nay-0).

THE BOARD APPROVED THESE MINUTES

JULY 12, 2004