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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: exec@bop.state.oh.us |
Minutes Of The Meeting
April 5, 6, 7, 2004
MONDAY, APRIL 5, 2004
10:00 a.m. ROLL CALL
The State Board of Pharmacy convened in Room West-B&C, 31st Floor,
Robert P. Giacalone, R.Ph. (President); Lawrence J. Kost, R.Ph. (Vice-President); Gregory Braylock, R.Ph.; Suzanne R. Eastman, R.Ph.; Elizabeth I. Gregg, R.Ph.; and James E. Turner, R.Ph.
Also present were
10:11 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
10:49 a.m.
11:15 a.m.
R-2004-166 The
Executive Session ended and the meeting was opened to the public.
R-2004-167
R-2004-168
R-2004-169
R-2004-170
R-2004-171
R-2004-172
R-2004-173
R-2004-174
R-2004-175 SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY
(Docket
No. D-030917-013, D-030917-014 and D-030917-015)
In
The Matter Of:
B.
MILLER PHARMACY
and
THREE RIVERS O.P.T.I.O.N.
CARE, INC.
2171
Forest Hill
(R.Ph.
No. 03-1-12257)
(TDDD No. 02-0084550 and
02-0517450)
This Settlement Agreement is
entered into by and between
Respondents voluntarily enter
into this Agreement being fully informed of all their 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.
Respondents each acknowledge that by entering into this agreement each
has waived all rights under Chapter 119. of the Revised Code.
Whereas, the Board is
empowered by Sections 4729.16 and 4729.57 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,
Whereas, Miller Pharmacy and
Three Rivers O.P.T.I.O.N. Care, Inc. are licensed as Terminal Distributors of
Dangerous Drugs in the State of Ohio.
Whereas, on or about
September 17, 2003, pursuant to Chapter 119. of the Ohio Revised Code,
Respondents were notified of the
allegations or charges against them, their rights to hearings, their rights in
such hearings, and their rights to submit contentions in writing. Respondents requested hearings; they were
scheduled, consolidated and continued.
The September 17, 2003, Notice of
B.
(1) Records of the Board of
Pharmacy indicate that
(2)
(3)
(a) B. Elise Miller twice stated
that she was not practicing pharmacy during the period of her pharmacist's
license lapse;
(b) B. Elise Miller lied to
agents of the Board about the status of the Responsible Pharmacist at
facilities that she owns and that are licensed with the Board as terminal
distributors;
(c) B. Elise Miller lied to an
agent of the Board when she indicated that she submitted her renewal
application during the week of March 17, 2003;
(d) B. Elise Miller lied to an
agent of the Board when she indicated that a Board specialist had approved her
system of managing Synagis dispensings.
Such conduct is in violation
of Section 2921.13 of the Ohio Revised Code.
(4) B. Elise Miller did, on or about dates immediately
preceding March 24, 2003, allow access to the physical confines of the pharmacy
when not under the personal supervision of a pharmacist, to wit: in Three
Rivers O.P.T.I.O.N. Care, Inc. she allowed the lone pharmacist to leave for
lunch breaks or to work elsewhere without coverage by another pharmacist and
without physically securing the pharmacy and its dangerous drug stocks. Such conduct is in violation of Rule
4729-9-11 of the Ohio Administrative Code.
(5) B. Elise Miller did, on or
about the following dates, knowingly make false statements when the statements
were made with purpose to secure the issuance by a governmental agency of a
license, to wit: B. Elise Miller submitted applications to the Board for
renewal of the following terminal distributor of dangerous drugs licenses,
where B. Elise Miller listed herself as a registered pharmacist in the position
of Responsible Pharmacist:
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02-0084550 |
date signed: 10-01-01 |
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02-0517450 |
date signed: 10-04-01 |
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02-0084550 |
date signed: 09-20-02 |
|
02-0517450 |
date signed: 01-02-03 |
Such conduct is in violation
of Section 2921.13 of the Ohio Revised Code.
Miller Pharmacy:
(1) Records of the Board of
Pharmacy indicate that Miller Pharmacy is licensed with the State Board of
Pharmacy as a Terminal Distributor of Dangerous Drugs and
(2) Miller Pharmacy did, from
September 15, 2001, through March 24, 2003, cease to satisfy the qualifications
of a terminal distributor of dangerous drugs as set forth in Section 4729.55 of
the Ohio Revised Code, to wit: the pharmacy did not have a registered
pharmacist in full and actual charge of the pharmacy during this time period,
and adequate safeguards were not assured to prevent the sale or distribution
of dangerous drugs by persons other than a pharmacist or licensed prescriber. Such conduct is in violation of Section
4729.27 of the Ohio Revised Code.
Three Rivers O.P.T.I.O.N. Care, Inc.:
(1) Records of the Board of
Pharmacy indicate that Three Rivers O.P.T.I.O.N. Care, Inc. is licensed with
the State Board of Pharmacy as a Terminal Distributor of Dangerous Drugs and
(2) Three Rivers O.P.T.I.O.N.
Care, Inc. did, from September 15, 2001, through March 24, 2003, while not a
pharmacist or pharmacy intern under the personal supervision of a pharmacist,
compound, dispense, or sell dangerous drugs or otherwise engage in the practice
of pharmacy, to wit: the pharmacy, through its owner, B. Elise Miller, whose
pharmacist license had lapsed, dispensed dangerous drugs and/or practiced
pharmacy. Such conduct is in violation
of Section 4729.28 of the Ohio Revised Code.
(3) Three Rivers O.P.T.I.O.N. Care, Inc. did, from
September 15, 2001, through March 24, 2003, allow access to the physical
confines of the pharmacy when not under the personal supervision of a
pharmacist, to wit: when the lone pharmacist on duty was permitted to leave to
cover for lunch breaks of the pharmacist at Miller Pharmacy, the pharmacy was
left without coverage by another pharmacist and the pharmacy and its dangerous
drug stocks were not physically secured.
Such conduct is in violation of Rule 4729-9-11 of the Ohio Administrative
Code.
(4) Three Rivers O.P.T.I.O.N.
Care, Inc. did, from September 15, 2001, through March 24, 2003, cease to
satisfy the qualifications of a terminal distributor of dangerous drugs as set
forth in Section 4729.55 of the Ohio Revised Code, to wit: the pharmacy did
not have a registered pharmacist in full and actual charge of the pharmacy
during this time period, and adequate safeguards were not assured to prevent
the sale or distribution of dangerous drugs by persons other than a pharmacist
or licensed prescriber. Such conduct is
in violation of Section 4729.27 of the Ohio Revised Code.
(5) Three Rivers O.P.T.I.O.N.
Care, Inc. did, on or about May 3, 2003, and dates subsequent, cease to
satisfy the qualifications of a terminal distributor of dangerous drugs as set
forth in Section 4729.55 of the Ohio Revised Code, to wit: the pharmacy's
Responsible Pharmacist resigned, and was not replaced with another Responsible
Pharmacist. As such, the pharmacy did
not have a registered pharmacist in full and actual charge of the pharmacy
during this time period, and adequate safeguards were not assured to prevent
the sale or distribution of dangerous drugs by persons other than a pharmacist
or licensed prescriber. Such conduct is
in violation of Section 4729.27 of the Ohio Revised Code.
(6) Three Rivers O.P.T.I.O.N.
Care, Inc. did, on or about April 23, 2003, and on dates subsequent, fail to
keep records of the practice of pharmacy subject to inspection by the Board,
and it did fail to make records readily available and/or promptly produce such
records upon the request of a Board of Pharmacy agent, to wit: though an agent
of the Board requested records of drugs dispensed, the pharmacy has failed to
produce the records as requested. Such conduct
is in violation of Section 4729.37 of the Ohio Revised Code and/or Rules
4729-5-27 and 4729-5-28 of the Ohio Revised Code.
Respondents neither admit nor
deny the allegations stated in the Notice of Opportunity for Hearing letters
dated September 17, 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, Respondents knowingly and voluntarily agree with
the State Board of Pharmacy to the following:
(A) B. Elise Millers’ pharmacist
identification card, No. 03-1-12257, will be suspended for six months from the
effective date of this Agreement.
(B) B. Elise Miller agrees to the
imposition of a monetary penalty of three thousand dollars ($3,000.00), due and
owing within thirty (30) days from the effective date of this Agreement.
(C) Miller Pharmacy agrees to the
imposition of a monetary penalty of three thousand dollars ($3,000.00), due and
owing within thirty (30) days from the effective date of this Agreement.
(D) Three Rivers O.P.T.I.O.N.
Care, Inc. agrees to the imposition of a monetary penalty of seventeen thousand
five hundred dollars ($17,500), due and owing within thirty (30) 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.
Respondents acknowledge that
they have 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
Respondents waive any and all
claims or causes of action they may have against the State of
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/ B. Elise Miller |
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/d/ 3–31–04 |
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B. and Three Rivers O.P.T.I.O.N. Care, Inc. |
|
Date of Signature |
|
|
/s/ |
|
/d/ 4/1/04 |
|
|
|
|
Date of Signature |
|
|
/s/ |
|
/d/ 4/5/04 |
|
|
|
|
Date of Signature |
|
|
/s/ Sally Ann Steuk |
|
/d/ 4–5–04 |
|
|
|
|
Date of Signature |
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11:35 a.m.
The Board recessed for lunch.
1:10 p.m.
The Board reconvened in Room West-B&C, 31st Floor,
Robert P. Giacalone, R.Ph. (President); Lawrence J. Kost, R.Ph. (Vice-President); Gregory Braylock, R.Ph.; Suzanne R. Eastman, R.Ph.; Elizabeth I. Gregg, R.Ph.; Dorothy S. Teater, Public Member; and James E. Turner, R.Ph.
1:12 p.m.
The Board was joined by
3:10 p.m.
The hearing ended and the record was closed. The Board took a brief recess.
3:16 p.m.
The Board was joined by
3:52 p.m.
The record was closed.
3:55 p.m.
The Board was joined by
4:14 p.m.
The record was closed. The Board took a brief recess.
4:19 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
4:43 p.m.
R-2004-176 The
Executive Session ended and the meeting was opened to the public.
R-2004-177
ORDER OF THE STATE BOARD OF
PHARMACY
(Docket
No. D-031224-049)
In
The Matter Of:
(R.Ph. No. 03-3-11708)
INTRODUCTION
THE MATTER OF TIM IVAN MILLER CAME FOR CONSIDERATION
ON APRIL 5, 2004, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ROBERT P.
GIACALONE, R.Ph. (presiding); GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN,
R.Ph.; ELIZABETH I. GREGG, R.Ph.; LAWRENCE J. KOST, R.Ph.; DOROTHY S. TEATER,
PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.
SUMMARY OF EVIDENCE
State’s
Witnesses
1.
Respondent's
Witnesses
None
State's
Exhibits
1. Copy of Summary Suspension Order/Notice of Opportunity
For Hearing letter [12-24-03]
1A. Procedural
2. Notarized Statement of
3. Five Drug Audit Accountability Sheets for
Xanax .5 mg, alprazolam .5 mg,
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
December 24, 2003,
(2) As
demonstrated by return receipt dated December 26, 2003, signed by
(3) Tim Ivan
Miller has not responded in any manner to the letter of December 24, 2003, 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
(5)
(6)
|
Drug |
Qty |
|
hydrocodone/APAP
10/325 mg |
24 |
|
Anaprox
DS 550 mg |
10 |
|
Celebrex
200 mg |
2 |
|
indomethacin
ER 75 mg |
1 |
|
Promethazine
25 mg |
1 |
|
atenolol
50 mg |
11 |
|
chlorthalidone
50 mg |
3 |
|
Flexeril
10 mg |
1 |
|
Xanax
.5 mg |
4 |
|
fenoprofen
calcium 600 mg |
31 |
|
Unknown |
2 |
Such conduct is in violation of Section 2913.02 of
the Ohio Revised Code.
(7) Tim Ivan Miller did, from June, 2003, through
early August, 2003, with purpose to deprive, knowingly obtain or exert control
over dangerous drugs, the property of Buehler's Pharmacy, beyond the express or
implied consent of the owner, to wit: Tim Ivan Miller admittedly stole between
3 and 8 dosage units of hydrocodone/APAP 5/500 mg per day while working in the
pharmacy. Such conduct is in violation
of Section 2913.02 of the Ohio Revised Code.
(8) Tim Ivan
Miller did, from early August, 2003, through November, 2003, with purpose to
deprive, knowingly obtain or exert control over dangerous drugs, the property
of Buehler's Pharmacy, beyond the express or implied consent of the owner, to
wit: Tim Ivan Miller admittedly stole between 4 and 10 dosage units of
hydrocodone/APAP 10/325 mg per day while working in the pharmacy. Such conduct is in violation of Section
2913.02 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 being guilty of gross immorality as provided in Division (A)(1)
of Section 4729.16 of the Ohio Revised Code.