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

November 8, 9, 10, 2004

 

 

MONDAY, NOVEMBER 8, 2004

 

  9:40 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:

 

Lawrence J. Kost, R.Ph. (President); Suzanne R. Eastman, R.Ph. (Vice-President); Gregory Braylock, R.Ph.; Robert P. Giacalone, R.Ph.; Elizabeth I. Gregg, R.Ph.; Nathan S. Lipsyc, R.Ph.; Kevin J. Mitchell, 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; Robert Cole, Compliance Supervisor; David Rowland, Legal Affairs Administrator; and Sally Ann Steuk, Assistant Attorney General.

  9:42 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 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 Mr. Turner and a roll call vote was conducted by President Kost as follows: Braylock-Yes, Eastman-Yes, Giacalone-Yes, Gregg-Yes, Lipsyc-Yes, Mitchell-Yes, Teater-Yes, and Turner-Yes.

10:50 a.m.

R-2005-074    The Executive Session ended and the meeting was opened to the public.  Mr. Giacalone moved that the Board accept the settlement offer that was presented in the matter of Richard Sweet.  The motion was seconded by Mrs. Gregg and approved by the Board (Aye-5/Nay-3).

 

R-2005-075    Mr. Giacalone then moved that the Board grant the request to continue the hearing in the matter of Daniel Lee Deem, R.Ph. to a later date.  The motion was seconded by Mr. Lipsyc and approved by the Board (Aye-5/Nay-2/Abstain-1[Mitchell]).

 

R-2005-076    As a result of a discussion of issues and correspondence relating to Donald Robert Sutton’s history of compliance with the required elements of his Board Order (Docket No. D-991007-027), Mr. Braylock moved that the Board confirm the Order issued in this mat­ter and that the Board also confirm the correspondence issued by Mr. Rowland contain­ing the interpretation that Mr. Sutton has failed to comply with the terms of that Order.  The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

10:56 a.m.

The Board took a brief recess.

11:20 a.m.

R-2005-077    The meeting resumed.  The Board discussed a proposal for an Electronic Medical Record Authentication Strategy to be used in a Computerized Physician Order Entry (CPOE) system with representatives from Mercy Health Partners in Northwest Ohio.  After dis­cussion, Mr. Braylock moved that the Board consider the proposal to be approvable pend­ing inspection of the installed product.  The motion was seconded by Mr. Turner and approved by the Board (Aye-8/Nay-0).

11:51 a.m.

The Board recessed for lunch.

  1:00 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:

 

Lawrence J. Kost, R.Ph. (President); Suzanne R. Eastman, R.Ph. (Vice-President); Gregory Braylock, R.Ph.; Robert P. Giacalone, R.Ph.; Elizabeth I. Gregg, R.Ph.; Nathan S. Lipsyc, R.Ph.; Kevin J. Mitchell, R.Ph.; Dorothy S. Teater, Public Mem­ber; and James E. Turner, R.Ph.

 

The Board was joined by Attorney David Grauer on behalf of CVS pharmacies, and representatives from Rite Aid and the Ohio Hospital Association (OHA) for a discussion of their concerns.

  2:00 p.m.

The meeting with Mr. Grauer, Rite Aid, and OHA ended.  The Board took a brief recess.

  2:15 p.m.

The meeting resumed.  Mr. Winsley distributed copies of a press release from Attorney General Jim Petro wherein he proposed a reorganization of State government.  After dis­cussion, it was determined that no official action by the Board would be needed at this time.

 

Mr. Winsley then distributed a letter from the Accreditation Council for Pharmacy Educa­tion (ACPE) requesting that a Board member attend the ACPE accreditation visit to the Toledo University College of Pharmacy scheduled for April 12-14, 2005.  The matter was tabled to allow Board members to review their schedules to see if anyone would be avail­able on those dates.

 

Mr. McMillen presented his Licensing Report to the Board.

 

There was no Medical Board Prescribing Committee report for this month.

  2:29 p.m.

The Board took a brief recess.

  2:38 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 Batavia Pharmacy c/o Michael Krusling, R.Ph., Bethel.

  3:24 p.m.

The hearing ended and the record was closed.

  3:25 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 and for the purpose of discussing the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official pursuant to Section 121.22(G)(1) of the Revised Code.  The motion was seconded by Mr. Lipsyc and a roll call vote was conducted by President Kost as follows: Braylock-Yes, Eastman-Yes, Giacalone-Yes, Gregg-Yes, Lipsyc-Yes, Mitchell-Yes, Teater-Yes, and Turner-Yes.

  4:38 p.m.

R-2005-078    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 Batavia Pharmacy c/o Michael Krusling, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-041015-032)

 

In The Matter Of:

 

BATAVIA PHARMACY

c/o Michael Robert Krusling, R.Ph.

2360 Bethel New Richmond Road

Bethel, Ohio 45106

 

INTRODUCTION

 

THE MATTER OF BATAVIA PHARMACY CAME FOR HEARING ON NOVEMBER 8, 2004, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: LAWRENCE J. KOST, R.Ph.; (presiding); GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; ELIZABETH I. GREGG, R.Ph.; NATHAN S. LIPSYC, R.Ph.; KEVIN J. MITCHELL, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

 

BATAVIA PHARMACY WAS REPRESENTED BY JAMES LINDON 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.  Michael Krusling, R.Ph., Respondent

 

State's Exhibits

 

1.  Proposal to Deny/Notice of Opportunity For Hearing letter  [10-15-04]

1A-1C.  Procedurals

2.  Application for Registration As A Distributor of Dangerous Drugs for Batavia Pharmacy  [07-08-04]

3.  Application for Registration As A Terminal Distributor of Dangerous Drugs for McMilian Pharmacy  [09-12-82]

4.  State Board of Pharmacy Order in re Michael R. Krusling, R.Ph. & McMilian Pharmacy  [01-18-83]

5.  Notice of Opportunity for Hearing letter  [05-17-84]

6.  State Board of Pharmacy Order in re Michael R. Krusling, R.Ph.  [10-24-84]

7.  Indictment, State of Ohio vs. Michael Krusling, Case No. 83-CR-5412, Clermont County Common Pleas Court  [02-01-84]

8.  Judgment and Sentencing Entry  [08-06-85]

9.  Entry Terminating Probation  [07-28-87]

10.  Resume of Michael R. Krusling  [not dated]

 

Respondent's Exhibits

 

A.-D.  Four letters of support  [11-02-04 to 11-03-04]

 

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)  Michael Robert Krusling, as owner and respon­sible pharmacist, submitted on or about July 8, 2004, an Appli­cation for Registration as a Terminal Distributor of Dan­ger­ous Drugs for Batavia Pharmacy.

 

(2)  Michael Robert Krusling, as president and responsible pharmacist, submitted on or about Septem­ber 12, 1982, an Application for Registration as a Terminal Distri­butor of Dangerous Drugs for McMilian Pharmacy.

 

(a)  Michael Robert Krusling was notified by letter on October 14, 1982, of the Board’s proposal to deny his application due to Mr. Krusling's convic­tions under Ken­tucky’s Controlled Substance Act on November 12, 1974.

 

(b)  Michael Robert Krusling did not respond in any manner to the letter of October 14, 1982.  The Board found the allegations in the letter of October 14, 1982 to be fact and issued its Order in the matter of Michael Robert Krusling on January 18, 1983, denying Michael Robert Krusling's applica­tion.

 

(3)  The State Board of Pharmacy issued a Notice of Opportunity For A Hearing on May 17, 1984, to Michael Robert Krusling to respond to the allegations listed therein and whether or not the Board should take action against his pharmacist identification card to practice pharmacy in Ohio.  After notice and hearing, the Board found the following to be fact:

 

(a)  Michael Robert Krusling was found guilty of violating Kentucky Revised Statute Section 218 A 210, the offense of Possessing Controlled Substances In Improper Containers, by the Bracken County Court on November 12, 1974, and fined two hundred fifty dollars ($250.00).

 

(b)  Michael Robert Krusling was found guilty of violating the Kentucky Con­trolled Substance Act by growing marijuana, the offense of Trafficking In Mari­juana, by the Bracken County Court on November 12, 1974, and fined five hundred dollars ($500.00).

 

(c)  Michael Robert Krusling did intentionally make and knowingly possess false or forged prescriptions in violation of Section 2925.23 of the Revised Code.

 

(d)  Michael Robert Krusling did, on one or more occasions between Decem­ber 27, 1982, and November 29, 1983, at SupeRx Drugs, Milford Shopping Center, 981 Lila Avenue, Milford, Ohio 45150, dispense dangerous drugs without a valid prescription given by a practitioner in violation of Section 3715.52(L) of the Re­vised Code.

 

(e)  Michael Robert Krusling did, on one or more occasions between August 10, 1983, and November 17, 1983, at SupeRx Drugs, Milford Shopping Center, 981 Lila Avenue, Milford, Ohio 45150, knowingly make a false statement on pre­scriptions required by Chapter 3719. of the Revised Code; in that, the address for eight different individuals was recorded as “9 Podute”, in violation of Section 2925.23(A) of the Revised Code.

 

The Board issued its Order on October 24, 1984, in the matter of Michael Robert Krusling, R.Ph. No. 03-1-10023.  The Board concluded that Michael Robert Krusling was guilty of violating Chapters 2925., 3715., and 3719. of the Ohio Revised Code and fined Mr. Krusling one hundred dollars ($100.00) and required him to take and pass a Jurisprudence examination.

 

(4)  Michael Robert Krusling pled guilty on August 6, 1985, in the Clermont County Common Pleas Court to Deception to Obtain a Dangerous Drug in violation of Sec­tion 2925.22(A) of the Ohio Revised Code and was placed on probation for two years.  Michael Robert Krusling was discharged from probation by the Clermont County Common Pleas Court on July 28, 1987.

 

DECISION OF THE BOARD

 

Pursuant to Sections 3719.03 and 4729.55 of the Ohio Revised Code, and after considera­tion of the record as a whole, the State Board of Pharmacy hereby approves, for immediate processing, the Appli­cation for Registration as a Terminal Distri­butor of Dangerous Drugs submitted on or about July 8, 2004, by Michael Robert Krusling for Batavia Pharmacy.

 

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

MOTION CARRIED.

SO ORDERED.

 

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

  4:40 p.m.

The Board meeting was recessed until Tuesday, November 9, 2004.

 

 

TUESDAY, NOVEMBER 9, 2004

 

  8:00 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:

 

Lawrence J. Kost, R.Ph. (President); Suzanne R. Eastman, R.Ph. (Vice-President); Robert P. Giacalone, R.Ph.; Elizabeth I. Gregg, R.Ph.; Kevin J. Mitchell, R.Ph.; and James E. Turner, R.Ph.

 

R-2005-079    The Board considered a request for a continuance of an exemption to Ohio Administrative Code (OAC) Rule 4729-5-11 received from Joseph T. Moss, Jr., Pharm.D. asking that he be allowed to continue to serve as Responsible Pharmacist at the following two locations:

 

UHHS Bedford Medical Center (02-0774350)

UHHS Richmond Heights Hospital (02-1214650)

 

After discussion, Mrs. Gregg moved that the Board continue the exemption to OAC Rule 4729-5-11 in this case until December 31, 2004.  The motion was seconded by Mr. Turner and approved by the Board (Aye-5/Nay-0).

  8:09 a.m.

Mr. Braylock arrived and joined the meeting in progress.

 

R-2005-080    The Board then considered a request for a continuance of an exemption to OAC Rule 4729-5-11 received from Richard Adams, R.Ph. asking that he be allowed to continue to serve as Responsible Pharmacist at the following two locations:

 

Harrison Community Hospital (02-0034450)

Health Connection Pharmacy (02-0560300)

 

After discussion, Mrs. Gregg moved that the Board continue the exemption to OAC Rule 4729-5-11 in this case for one year.  The motion was seconded by Mr. Giacalone and approved by the Board (Aye-6/Nay-0).

 

R-2005-081    The Board next considered a request for an exemption from OAC Rule 4729-5-10 (Pick-up station) received from the following sites:

 

Specialty Hospital of Lorain (02-1187550)

Central Admixture Pharmacy Services (02-1312700)

 

After discussion, Mr. Braylock moved that the Board approve the request.  The motion was seconded by Mrs. Gregg and approved by the Board (Aye-6/Nay-0).

 

R-2005-082    Mr. Keeley presented a request for Board approval of an electronic prescribing system from InteGreat Electronic Prescribing.  After discussion, Mr. Braylock moved that the Board find the InteGreat system approvable pending final inspection of the installed product.  The motion was seconded by Mr. Mitchell and approved by the Board (Aye-6/­Nay-0).

 

R-2005-083    The Board then considered a request for an exemption to OAC Rule 4729-5-11 received from Michael Sreshta, R.Ph. asking that he be allowed to serve as Responsible Pharma­cist at the following two locations for a short time:

 

Hough Norwood Health Center (02-0263650)

Collinwood Health Center (02-0438450)

 

After discussion, Mr. Mitchell moved that the Board grant the requested exemption to OAC Rule 4729-5-11 until January 31, 2005.  The motion was seconded by Mrs. Gregg and approved by the Board (Aye-6/Nay-0).

 

Mr. Keeley discussed his Financial Report with the Board.

  8:23 a.m.

Mrs. Teater arrived and joined the meeting in progress.

 

Mr. Keeley then discussed his Legislative Report with the Board.

 

R-2005-084    The Board then continued the discussion about the ACPE accreditation visit to Toledo University College of Pharmacy.  Based on the discussion and the availability of the Board members, President Kost appointed Mr. Mitchell to be the Board’s representative on that visit.

  8:50 a.m.

The Board took a brief recess.

  9:08 a.m.

The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of conducting an adjudication hearing in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of David Ray Spence, R.Ph., Circleville.

10:45 a.m.

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

11:10 a.m.

The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of conducting an adjudication hearing in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of James Scott Crider, R.Ph., West Aliquippa, PA.

12:12 p.m.

The hearing ended and the record was closed.  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:

 

Lawrence J. Kost, R.Ph. (President); Suzanne R. Eastman, R.Ph. (Vice-President); Gregory Braylock, R.Ph.; Robert P. Giacalone, R.Ph.; Elizabeth I. Gregg, R.Ph.; Kevin J. Mitchell, R.Ph.; Dorothy S. Teater, Public Mem­ber; and James E. Turner, R.Ph.

 

R-2005-085    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.

 

ELDAN A. ARCHER

03-2-26571

NEBRASKA

JOSEPH HERNDON BANE

03-2-26570

KENTUCKY

GAYNELL LEE BLUMENSCHEIN

03-2-26568

MICHIGAN

JUSTIN DANIEL HAWKS

03-2-26565

KENTUCKY

JOHNCIE RENAE HUNTER

03-2-26568

MARYLAND

RENUKA SHAFQAT

03-2-26560

NEW JERSEY

SHARON L. UBER

03-2-26566

PENNSYLVANIA

  1:59 p.m.

The Board reconvened in Room West-B&C.  The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of conducting an adjudication hearing in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of James W. Smetana, R.Ph., West Milton.

  3:01 p.m.

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

  3:11 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. Braylock and a roll call vote was conducted by President Kost as follows: Braylock-Yes, Eastman-Yes, Giacalone-Yes, Gregg-Yes, Mitchell-Yes, Teater-Yes, and Turner-Yes.

  4:00 p.m.

R-2005-086    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 James W. Smetana, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-040203-055)

 

In The Matter Of:

 

JAMES W. SMETANA, R.Ph.

9481 Orchard Drive

Russells Point, Ohio 43348

(R.Ph. No. 03-3-11602)

 

INTRODUCTION

 

THE MATTER OF JAMES W. SMETANA CAME FOR HEARING ON NOVEMBER 9, 2004, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: LAWRENCE J. KOST, R.Ph.; (presiding); GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; ELIZABETH I. GREGG, R.Ph.; KEVIN J. MITCHELL, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

 

JAMES W. SMETANA 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.  James W. Smetana, R.Ph., Respondent

 

State's Exhibits

 

1. Reinstatement Hearing Request letter from James W. Smetana  [01-28-04]

1A-1C.  Procedurals

2.  State Board of Pharmacy Order in re James W. Smetana, R.Ph.  [10-16-03]

2A.  State Board of Pharmacy Order in re James W. Smetana, R.Ph.  [11-07-01]

2B.  State Board of Pharmacy Order in re James W. Smetana, R.Ph.  [09-09-99]

3.  State Board of Pharmacy Order in re James W. Smetana, R.Ph.  [10-30-95]

4.  Copy of Controlled Drug Inventory Records for Cocaine Flakes at Children's Medical Center, Dayton  [11-08-93 to 07-18-95]

5.  Copy of Pharmacy Service Manufacturing Control Records for TAC Topical Solution  [03-04-95 to 06-23-95]

6.  Prepackaged Pharmaceutical Item Control Records for TAC Topical Solution  [06-23-92 to 07-18-95]

7.  Toxicology Associates, Inc. Laboratory Reports for Substance Identification and Quantifi­cation  [07-05-95 to 07-17-95]

8.  Summary Chart of Controlled Drug Inventory Logs, Manufacturing Records, and Prepack­aged Pharmacy Item Control Records  [07-18-94 to 07-18-95]

9.  Children's Medical Center Pharmacy Department Policy and Procedure for Manufacturing TAC Topical Solution  [revised 5/94]

10.  Indictment, State of Ohio vs. James W. Smetana, Case No. 95-CR-3065, Montgomery County Common Plea Court  [01-02-96]

11.  Decision and Entry, Treatment in Lieu of Conviction  [02-29-96]

12.  Termination Entry  [03-01-99]

13.  Indictment, State of Ohio vs. James W. Smetana, Case No. 97-CR-1596, Montgomery County Common Pleas Court  [11-10-97)

14.  Entry of Waivers and Plea(s) on Indictment, Entry and Order  [02-17-98]

15.  Order of Probation  [02-26-99]

16.  Termination Entry - Community Control  [04-06-98]

16A.  Termination of Probation (Incomplete)  [05-30-02]

17.  Copy of Notarized Statement of Sheryl Vickers  [10-06-99]

18.  List of Credit Card Charges by James Smetana  [04-96 to 06-97]

19.  Copy of Notarized Statement of Sheryl Vickers  [08-21-01]

20.  In re: James W. Smetana, Case No. 99-32150, United States Bankruptcy Court, Southern District of Ohio, Western Division at Dayton  [08-05-99]

21.  Copy of letter from David W. Baker  [10-15-97]

22.  Restitution and Cost Documentation, Montgomery County Common Pleas Court [11-12-99 to 09-17-04]

 

Respondent's Exhibits

 

A.  Hearing Schedule letter  [02-04-04]; Reinstatement Hearing Request letter from James W. Smetana  [01-28-04]

B.  Recovery Progress letters from D. Scott Coffman, MSEd., LICDC  [10-16-03 and 10-04-04]

C.  Certificate of Appreciation  [08-21-04]; Support Group Attendance Records  [09-08-03 to 09-30-04]

CII.  Support Group Attendance Records  [10-01-04 to 11-06-04]

D.  Continuing Pharmaceutical Education Credits and Certificates  [09-12-03 to 10-11-04]

E.  Drug Screen Reports  [11-13-03 to 09-16-04]

EII.  Drug Screen Report  [10-22-04]

F.  Letters of Support  [10-02-04 to 10-15-04]

FII.  Letters of Support  [10-20-04 to 10-31-04]

G.  Court Cost and Restitution Payment Documentation, Montgomery County Common Pleas Court  [09-16-04]

GII.  Court Cost and Restitution Payment Receipt No. 156016, Montgomery County Common Pleas Court  [10-28-04]

 

FINDING 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 that James W. Smetana has complied with the terms set forth in the Order of the State Board of Phar­macy, Docket No. D-990422-044, effective September 9, 1999.

 

DECISION OF THE BOARD

 

On the basis of the Finding of Fact set forth above, and after consideration of the record as a whole, the State Board of Pharmacy hereby approves the reinstatement of the pharmacist identification card, No. 03-3-11602, held by James W. Smetana to practice pharmacy in Ohio and places James W. Smetana on probation for five years beginning on the effective date of this Order, with the following conditions:

 

(A)  James W. Smetana 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 with the renewal application.  The contract must pro­vide that:

 

(1)  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.

 

(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)  Results of all drug screens must be negative.  Refusal of a urine screen or a diluted urine 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)  The intervener/sponsor shall provide copies of all drug screen reports to the Board in a timely fashion.

 

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

 

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

 

(B)  James W. Smetana 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:

 

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

 

(2)  A written description of James W. Smetana's progress towards recovery and what James W. Smetana has been doing during the previous three months.

 

(C)  James W. Smetana must submit to the Board, within ninety days from the effec­tive date of this Order, a payment plan for restitution that is acceptable to the Board.  James W. Smetana must abide by this payment plan.

 

(D)  James W. Smetana must notify the Montgomery County Child Support Enforce­ment Agency (CSEA) of the reinstatement of his pharmacist license, and shall keep the CSEA informed of his actual place of employ­ment at all times.  A copy of each notification must be sent to the Board office as proof of compliance.

 

(E)  Other terms of probation are as follows:

 

(1)  The State Board of Pharmacy hereby declares that James W. Smetana'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)  James W. Smetana may not serve as a responsible pharmacist.

 

(3)  James W. Smetana may not destroy, assist in, or witness the destruction of controlled substances.

 

(4)  James W. Smetana must abide by the contract from the treatment pro­vider and any violation must be reported to the Board immediately.

 

(5)  James W. Smetana must not violate the drug laws of Ohio, any other state, or the federal government.

 

(6)  James W. Smetana must abide by the rules of the State Board of Phar­macy.

 

(7)  James W. Smetana must comply with the terms of this Order.

 

(F)  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.

 

James W. Smetana 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 Mr. Turner and approved by the Board (Aye-6/Nay-1).

 

R-2005-087    Mr. Braylock moved that the Board adopt the following Order in the matter of James Scott Crider, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-040107-050)

 

In The Matter Of:

 

JAMES SCOTT CRIDER, R.Ph.

217 Main Avenue, 2nd Floor

West Aliquippa, Pennsylvania 15001

(R.Ph. No. 03-3-23797)

 

INTRODUCTION

 

THE MATTER OF JAMES SCOTT CRIDER CAME FOR HEARING ON NOVEMBER 9, 2004, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: LAWRENCE J. KOST, R.Ph.; (presiding); GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; ELIZABETH I. GREGG, R.Ph.; KEVIN J. MITCHELL, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

 

JAMES SCOTT CRIDER WAS REPRESENTED BY JAMES A. GAY AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

SUMMARY OF EVIDENCE

State’s Witnesses

 

1.  Joann Predina, R.Ph., Ohio State Board of Pharmacy

 

Respondent's Witnesses

 

1.  James Scott Crider, R.Ph., Respondent