Record of the Proceedings Sept. 2003

NOTE: The following Minutes are provided for informational purposes only.

If you would like to obtain an official copy of these Minutes, please contact

the State Board of Pharmacy at 614/466-4143 for instructions and fee.

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

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

Minutes Of The Meeting

Ohio State Board of Pharmacy

September 8, 9, 10, 2003

MONDAY, September 8, 2003

8:00 a.m.

ROLL CALL

The State Board of Pharmacy convened in Room East-B, 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; Mark Keeley, Legislative Affairs Administrator; Robert Cole, Compliance Supervisor; David Rowland, Legal Affairs Administrator; and Sally Ann Steuk, Assistant Attorney General.

Mr. Rowland announced that the following settlement agreements had been signed by all parties and were now effective:

R-2004-037

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-030109-053)

In The Matter Of:

DAVID L. RIEDER, R.Ph.

333 Belleview Avenue

Chillicothe, Ohio 45601-3701

(R.Ph. No. 03-3-09634

This Settlement Agreement is entered into by and between David L. Rieder 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.

David L. Rieder voluntarily enters into this Agreement being fully informed of his rights afforded under Chapter 119. of the Ohio Revised Code, including the right to representation by counsel, the right to a formal adjudication hearing on the issues contained herein, and the right to appeal. David L. Rieder acknowledges that by entering into this agreement he has waived his rights under Chapter 119. of the Revised Code.

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

Whereas, David L. Rieder is licensed to practice pharmacy in the State of Ohio.

Whereas, on or about January 9, 2003, pursuant to Chapter 119. of the Ohio Revised Code, David L. Rieder was notified of the allegations or charges against him, his right to a hearing, his rights in such hearing, and his right to submit contentions in writing. David L. Rieder requested a hearing; it was scheduled and continued. The January 9, 2003, Notice of Opportunity for Hearing contains the following allegations or charges:

(1)

Records of the Board of Pharmacy indicate that David L. Rieder was originally licensed in the State of Ohio on July 27, 1970, pursuant to examination, and is currently licensed to practice pharmacy in the State of Ohio.

(2)

David L. Rieder did, from January 13, 2001, to September 23, 2001, by deception, procure the administration of, a prescription for, or the dispensing of a dangerous drug, to wit: David L. Rieder did, while working as a pharmacist at Kroger’s Pharmacy, fill the following unauthorized prescriptions for himself:

Rx No.	Date	Drug Type	Strength	Qty
6606574	01/13/01	Guaifen/PSE 600	60 mg	36
6607438	02/04/01	amoxicillin	500 mg	60
6607439	02/04/01	Guaifen/PSE 600	60 mg	115
6607937	02/17/01	amoxicillin	500 mg	30
6608200	02/24/01	naproxen	375 mg	57
6609199	03/28/01	loperamide	2 mg	60
6610133	05/08/01	naproxen	250 mg	60
6610683	06/04/01	naproxen	375 mg	60
6611110	06/23/01	Elimite Cream 5%		60
6611387	07/05/01	Methylprednisln DSPK	4 mg	21
6611387	07/30/01	Methylprednisln DSPK	4 mg	21
6612177	08/12/01	piroxicam	20 mg	18
6612891	09/04/01	Nalfon	300 mg	37
6613477	09/23/01	Ansaid	100 mg	100

Such conduct is in violation of Section 2925.22 of the Ohio Revised Code.

(3)


	(4)	David L. Rieder did, from July 1, 2000, through December 31, 2001, sell at retail dangerous drugs when the conduct was not in accordance with Chapters 4729. and 4731. of the Ohio Revised Code, to wit: without a prescription and without a legitimate medical purpose, David L. Rieder sold the following drugs to his mother:

Rx No.	Date	Drug Type	Strength	Qty




6600404	05/27/00	spironlactone	25 mg	60
6600404-refill	07/01/00	spironlactone	25 mg	60
6600404-refill	09/08/00	spironlactone	25 mg	60
6600404-refill	10/06/00	spironlactone	25 mg	60
6600404-refill	11/02/00	spironlactone	25 mg	60
6600404-refill	12/07/00	spironlactone	25 mg	60
6600404-refill	01/27/01	spironlactone	25 mg	60
6600404-refill	02/23/01	spironlactone	25 mg	60
6600404-refill	03/22/01	spironlactone	25 mg	60
6600404-refill	04/20/01	spironlactone	25 mg	60
6601781	07/01/00	Evista	60 mg	30
6602576	08/07/00	furosemide	40 mg	30
6602576-refill	09/20/00	furosemide	40 mg	30
6602576-refill	10/20/00	furosemide	40 mg	30
6602576-refill	10/26/00	furosemide	40 mg	30
6602576-refill	12/28/00	furosemide	40 mg	30
6602576-refill	02/23/01	furosemide	40 mg	30
6602576-refill	04/20/01	furosemide	40 mg	30
6602604	08/24/00	Zoloft	50 mg	30
6602604-refill	09/20/00	Zoloft	50 mg	30
6602604-refill	10/20/00	Zoloft	50 mg	30
6602604-refill	11/23/00	Zoloft	50 mg	30
6602604-refill	12/28/00	Zoloft	50 mg	30
6602604-refill	01/27/01	Zoloft	50 mg	30
6602604-refill	03/01/01	Zoloft	50 mg	30
6602604-refill	03/30/01	Zoloft	50 mg	30
6603507	09/17/00	Evista	60 mg	30
6603507-refill	10/12/00	Evista	60 mg	30
6603507-refill	11/09/00	Evista	60 mg	30
6603507-refill	02/01/01	Evista	60 mg	30
6603507-refill	03/01/01	Evista	60 mg	30
6603507-refill	03/30/01	Evista	60 mg	30
6603507-refill	06/04/01	Evista	60 mg	30
6603507-refill	07/05/01	Evista	60 mg	30
6603507-refill	08/06/01	Evista	60 mg	30
6603507-refill	09/01/01	Evista	60 mg	30
6604421	10/22/00	loperamide	2 mg	30
6604421-refill	12/28/00	loperamide	2 mg	30
6604421-refill	03/01/01	loperamide	2 mg	30
6611010	06/19/01	Aricept	5 mg	34
6611806	07/24/01	Zoloft	50 mg	30
6611806-refill	08/18/01	Zoloft	50 mg	30
6611806-refill	09/23/01	Zoloft	50 mg	30
6611806-refill	10/22/01	Zoloft	50 mg	30
6611806-refill	11/16/01	Zoloft	50 mg	30
6611806-refill	12/31/01	Zoloft	50 mg	30
6613656	09/29/01	potassium	10 mg	180
6613656-refill	12/31/01	potassium	10 mg	180
6613657	09/29/01	Evista	60 mg	30
6613657-refill	11/04/01	Evista	60 mg	30
6613657-refill	11/30/01	Evista	60 mg	30
6613657-refill	12/31/01	Evista	60 mg	30

Such conduct is in violation of Section 4729.51(C)(1) of the Ohio Revised Code.

David L. Rieder neither admits nor denies the allegations stated in the Notice of Opportunity for Hearing letter dated January 9, 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, David L. Rieder knowingly and voluntarily agrees with the State Board of Pharmacy to the following:

(A)

David L. Rieder's license to practice pharmacy in the State of Ohio is on probation for a period of two (2) years commencing with the date of this Agreement. Terms of probation are as follows:

	(1)	The State Board of Pharmacy hereby declares that David L. Rieder'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)	David L. Rieder may not serve as a responsible pharmacist.
	(3)	David L. Rieder may not destroy, assist in, or witness the destruction of controlled substances.
	(4)	David L. Rieder must not violate the drug laws of Ohio, any other state, or the federal government.
	(5)	David L. Rieder must abide by the rules of the State Board of Pharmacy.

(B)

David L. Rieder agrees to the imposition of a monetary penalty of two thousand five hundred dollars ($2,500.00) due and owing within sixty (60) days from the effective date of this Agreement. Checks should be made payable to the “Treasurer, State of Ohio” and mailed with the enclosed forms to the State Board of Pharmacy, 77 South High Street, 17th Floor, Columbus, Ohio 43215-6126.

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

David L. Rieder acknowledges that he has had an opportunity to ask questions concerning the terms of this agreement and that all questions asked have been answered in a satisfactory manner. Any action initiated by the Board based on alleged violation of this Agreement shall comply with the Administrative Procedure Act, Chapter 119. of the Ohio Revised Code.

David L. Rieder 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. David L. Rieder waives any rights of appeal pursuant to Chapter 119. of the Ohio Revised Code.

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

This Settlement Agreement shall be considered a public record, as that term is used in Section 149.43 of the Ohio Revised Code, and shall become effective upon the date of the Board President’s signature below.

/s/ David L. Rieder		/d/ 8/27/03
David L. Rieder, Respondent		Date of Signature
/s/ Daniel D. Connor		/d/ 9–2–03
Daniel D. Connor, Attorney for Respondent		Date of Signature
/s/ Robert P. Giacalone		/d/ 9/8/03
Robert P. Giacalone, President, Ohio State Board of Pharmacy		Date of Signature
/s/ Sally Ann Steuk		/d/ 9–8–03
Sally Ann Steuk, Ohio Assistant Attorney General		Date of Signature

R-2004-038

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-020910-007)

In The Matter Of:

MAYNARD D. TURNER, R.Ph.

Rural Route 1

6912 White Oak N.E.

Bloomingburg, Ohio 43106

(R.Ph. No. 03-2-09730)

This Settlement Agreement is entered into by and between Maynard D. Turner 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.

Maynard D. Turner voluntarily enters into this Agreement being fully informed of his rights afforded under Chapter 119. of the Ohio Revised Code, including the right to representation by counsel, the right to a formal adjudication hearing on the issues contained herein, and the right to appeal. Maynard D. Turner acknowledges that by entering into this agreement he has waived his rights under Chapter 119. of the Revised Code.

Whereas, on or about September 10, 2002, pursuant to Chapter 119. of the Ohio Revised Code, Maynard D. Turner was notified of the allegations or charges against him, his right to a hearing, his rights in such hearing, and his right to submit contentions in writing. Maynard D. Turner requested a hearing; it was scheduled and continued. The September 10, 2002 Summary Suspension and July 22, 2003 Addendum Notice contain the following allegations or charges:

(1)

Records of the Board of Pharmacy indicate that Maynard D. Turner was originally licensed in the State of Ohio on February 8, 1971, pursuant to examination, and was Summarily Suspended on September 10, 2002. Records further reflect during the relevant time periods stated herein, Maynard D. Turner was the Responsible Pharmacist at CVS/Pharmacy #3408 pursuant to Sections 4729.27 and 4729.55 of the Ohio Revised Code and Section 4729-5-11 of the Ohio Administrative Code.

(2)

Maynard D. Turner is addicted to liquor or drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy, to wit: on or about August 22, 2002, Maynard D. Turner admitted to an agent of the Board of Pharmacy that he believes he has been addicted to Xanax and Fioricet for the past two years; and, that his addiction has reached its peak within the past few weeks at six (6) to eight (8) Xanax a day and four (4) to five (5) Fioricet a day. Maynard D. Turner admitted to stealing Xanax to cope with the stress of working at CVS/Pharmacy #3408, and he admitted stealing Fioricet for headaches. Such conduct indicates that Maynard D. Turner is addicted to the use of controlled substances within the meaning of Sections 3719.121 and 4729.16 of the Ohio Revised Code.

(3)

Maynard D. Turner did, on or about unknown dates prior to August 22, 2002, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of CVS/Pharmacy #3408, by deception, to wit: Maynard D. Turner stole the following drugs over the past two years. Maynard D. Turner also stole various other types of maintenance medications for the treatment of colds and allergies.

Drug	Qty.
Vicodin 5/500 mg	200
Ambien	200
Valium	200
hydrocodone/apap 5/500 mg	1.5
alprazolam 0.25 mg	8
alprazolam 0.5 mg	3
alprazolam 1 mg	14
diazepam 5 mg	3
butalbital/apap/caffeine	3
flurbiprofen 100 mg	3
Levbid Extended-Release 0.375 mg	3
Claritin-D	1
sulfamethoxazole/trimethoprim	1
Guaifenex PSE 120 mg	4.5
Mycelex Troche 10 mg	3
Cetirizine HCI	3
butalbital/apap/Caffeine	5
Acetaminophen/Codeine #4	4
atropine sulfate/diphenoxylate HCL	19
Concerta 36 mg	27

Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(4)

Maynard D. Turner did, on or about unknown dates prior to August 22, 2002, knowingly possess or use controlled substances when not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: agents of the Board of Pharmacy removed the following drugs, obtained without valid prescriptions, from Maynard D. Turner’s residence:

Drug	Qty.
hydrocodone/apap 5/500 mg	1.5
alprazolam 0.25 mg	8
alprazolam 0.5 mg	3
alprazolam 1 mg	14
diazepam 5 mg	3
Acetaminophen/Codeine #4	4
atropine sulfate/diphenoxylate HCL	19
Concerta 36 mg	27

Such conduct is in violation of Section 2925.11 of the Ohio Revised Code.

(5)

Maynard D. Turner did, on or about unknown dates prior to August 22, 2002, knowingly possess or use dangerous drugs when not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: agents of the Board of Pharmacy removed the following dangerous drugs, obtained without valid prescriptions, from Maynard D. Turner’s residence:

Drug	Qty.
butalbital/apap/caffeine	3
flurbiprofen 100 mg	3
Levbid Extended-Release 0.375 mg	3
Claritin-D	1
sulfamethoxazole/trimethoprim	1
Guaifenex PSE 120 mg	4.5
Mycelex Troches 10 mg	3
cetirizine HCI	3
butalbital/apap/caffeine	5

		Such conduct is in violation of Section 4729.51(C)(3) of the Ohio Revised Code.
	(6)	Maynard D. Turner did, on or about unknown dates prior to August 22, 2002, intentionally make and/or knowingly possess a false or forged prescription, to wit: Maynard D. Turner compounded prescriptions #342026, #342027, #342028, #342029 and #342032, labeled “Fluffo Cream” for various patients having skin problems. Such conduct violates Section 2925.23(B) of the Ohio Revised Code.
	(7)	Maynard D. Turner did, on or about unknown dates prior to August 22, 2002, knowingly sell a dangerous drug when not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Maynard D. Turner gave a customer a 100 lot bottle of Viagra in exchange for spring mushrooms, stating, “This should cover it.” Such conduct violates Section 4729.51(C)(2) of the Ohio Revised Code.
	(8)	On June 17, 2003, Maynard D. Turner pled guilty to two (2) counts of Theft of Drugs, felonies of the fourth degree under Section 2913.02 of the Ohio Revised Code; one (1) count of Aggravated Possession of Drugs, a felony of the fifth degree under Section 2925.11 of the Ohio Revised Code; and two (2) counts of Illegal Processing of Drug Documents, felonies of the fifth degree under Section 2913.02 of the Ohio Revised Code. On the same date you requested Intervention in Lieu of Conviction. State of Ohio vs M. Dwight Turner, Case No. 20030116 CRI, Fayette County Common Pleas Court. Such conduct indicates that Maynard D. Turner is guilty of a felony or gross immorality, dishonesty or unprofessional conduct in the practice of pharmacy, and/or addicted to or abusing drugs to render him unfit to practice pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code.

		Maynard D. Turner neither admits nor denies the allegations stated in the Summary Suspension/Notice of Opportunity for Hearing letter dated September 10, 2002 and Addendum Notice dated July 22, 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, Maynard D. Turner knowingly and voluntarily agrees with the State Board of Pharmacy to the following: Maynard D. Turner's license to practice pharmacy in the State of Ohio is hereby INDEFINITELY SUSPENDED. Pursuant to Rule 4729-9-01(F) of the Ohio Administrative Code, Maynard D. Turner may not be employed by or work in a facility licensed by the State Board of Pharmacy to possess or distribute dangerous drugs during the suspension. Further, Maynard D. Turner agrees to the imposition of a monetary penalty of Six Thousand Dollars ($6,000.00) pursuant to an approved payment plan as follows: One Hundred Dollars ($100.00) per month, due on or before the last day of each month, until the balance is paid in full. 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. At any future 119. hearing pursuant to a petition for reinstatement, the payment plan will be revised and/or adjusted in the discretion of the Board, if Maynard D. Turner's license to practice pharmacy is reinstated. After a period two (2) years following the date of the Summary Suspension Order of September 10, 2002, the Board will consider any petition filed by Maynard D. Turner for a hearing, pursuant to Ohio Revised Code Chapter 119., for reinstatement. The Board will only consider reinstatement of Maynard D. Turner's license to practice pharmacy if the following conditions have been met:
		(A) Maynard D. Turner must enter into a 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 his pharmacist identification card is issued. 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. 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. (c) Refusals of urine screens or diluted urine screens are equivalent to a positive result and indicate a violation of probation.
		(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.
		If, in the judgment of the Board, Maynard D. Turner appears to have violated or breached any terms or conditions of this Agreement, the Ohio State Board of Pharmacy reserves the right to, at any time, revoke probation, modify the conditions of probation, and reduce or extend the period of probation, and/or the Board may institute formal disciplinary proceedings for any and all possible violations or breaches, including but not limited to, alleged violation of the laws of Ohio occurring before the effective date of this Agreement. Maynard D. Turner acknowledges that he has had an opportunity to ask questions concerning the terms of this agreement and that all questions asked have been answered in a satisfactory manner. Any action initiated by the Board based on alleged violation of this Agreement shall comply with the Administrative Procedure Act, Chapter 119. of the Ohio Revised Code. Maynard D. Turner 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. Maynard D. Turner waives any rights of appeal pursuant to Chapter 119. of the Ohio Revised Code. In the event the Board, in its discretion, does not adopt this Agreement as its Adjudication, this settlement offer is withdrawn and shall be of no evidentiary value and shall not be relied upon or introduced in any disciplinary action or appeal by either party. Maynard D. Turner agrees that should the Board reject this Agreement and if this case proceeds to hearing, he will assert no claim that the Board was prejudiced by its review and discussion of this Agreement or of any information relating thereto. This Settlement Agreement shall be considered a public record, as that term is used in Section 149.43 of the Ohio Revised Code, and shall become effective upon the date of the Board President’s signature below.

/s/ Maynard D. Turner		/d/ 8–21–03
Maynard D. Turner, Respondent		Date of Signature
/s/ Barry A. Waller		/d/ 8–21–03
Barry A. Waller, Attorney for Respondent		Date of Signature
/s/ Robert P. Giacalone		/d/ 9/8/03
Robert P. Giacalone, President, Ohio State Board of Pharmacy		Date of Signature
/s/ Sally Ann Steuk		/d/ 9–8–03
Sally Ann Steuk, Ohio Assistant Attorney General		Date of Signature

10:16 a.m.

Board Member Gregory Braylock arrived and joined the meeting in progress.

10:16 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 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.

11:30 a.m.

R-2004-039

The Executive Session ended and the meeting was opened to the public. Mrs. Teater moved that the Board accept the settlement offer as amended by the Board in the matter of Tarra Lynn Bryant, R.Ph. The motion was seconded by Ms. Eastman and approved by the Board (Aye-6/Nay-1/Abstain-1[Lipsyc]). The agreement will become final upon the signature of all parties.

R-2004-040

Mr. Braylock moved that the Board summarily suspend the license to practice pharmacy belonging to John J. Sholtis, R.Ph. (03-1-17295) due to the fact that a continuation of his professional practice presents a danger of immediate and serious harm to others. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

11:38 a.m.

The Board recessed for lunch.

1:00 p.m.

The meeting resumed with all members present.

Mr. Winsley began to discuss several requests for exemptions to OAC Rule 4729-5-10 (Pick-up station) involving the drug Synagis. Due to the need to obtain answers to several questions, this matter was continued until later.

R-2004-041

The Board considered a request from Tri-State Urgent Care to withdraw the application for the West Chester location and for a continuance of their scheduled Board hearing. After discussion, Mrs. Gregg moved that the Board accept the withdrawal of the application and grant the continuance request. The motion was seconded by Mrs. Adelman and approved by the Board (Aye-8/Nay-0).

1:35 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 James W. Smetana, R.Ph., Russells Point.

2:19 p.m.

Mr. Kost 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, Lipsyc-Yes, Kost-Yes, Teater-Yes, and Turner-Yes.

2:30 p.m.

The Executive Session ended, the meeting was opened to the public, and the hearing resumed.

3:55 p.m.

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

4:10 p.m.

R-2004-042

The meeting resumed. Mr. Winsley continued the discussion of the Pick-up station requests that had been received for the drug Synagis. After discussion, Mrs. Gregg moved that Board staff be delegated the ability to grant waivers to OAC Rule 4729-5-10 (Pick-up station) involving this drug as long as the requests show compliance with all of the requirements of the rule. The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

Mr. Keeley discussed his Legislative Report with the Board.

4:30 p.m.

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

5:05 p.m.

R-2004-043

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-030228-002) In The Matter Of: JAMES W. SMETANA, R.Ph. 9481 Orchard Drive #23 Russells Point, Ohio 43348 (R.Ph. No. 03-3-11602)
		INTRODUCTION THE MATTER OF JAMES W. SMETANA CAME FOR HEARING ON SEPTEMBER 8, 2003, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ROBERT P. GIACALONE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ELIZABETH I. GREGG, R.Ph.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph. JAMES W. SMETANA WAS REPRESENTED BY KEVIN P. BYERS 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 [02-19-03] 1A-1D. Procedurals 2. Copy of State Board of Pharmacy Order in re James W. Smetana, R.Ph. [11-07-01] 2A. Copy of State Board of Pharmacy Order in re James W. Smetana, R.Ph. [10-30-95] 3. Copy of State Board of Pharmacy Order in re James W. Smetana, R.Ph. [09-09-99] 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. 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] 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]
		Respondent's Exhibits A. Support Group Attendance Records [09-12-01 TO 09-05-03] B. Urine Drug Screen Reports [09-17-01 to 08-21-03] C. Letters from D. Scott Coffman MSEd, CCDC III-E [07-24-03]; Robert D. Bolte CCDC III E [07-28-03]; Tammie L. Bendixen-Dusoe LSAC [06-30-02] D. Continuing Pharmaceutical Education Credits and Certificates [01-05-01 to 07-02-03] E. Termination of Probation Entry (Incomplete), State of Ohio vs. James W. Smetana, Case No. 97-CR-1596, Montgomery County Common Pleas Court [05-30-02]; Two Adult Probation Department Restitution Payment Receipts [07-16-03 and 08-05-03] F. Four Letters of Support [07-14-03 to 08-15-03] G. Contract Reinstatement letter from D. Scott Coffman BA, CCDC III-E and James W. Smetana [07-11-02]
		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 not complied with the terms set forth in the Order of the State Board of Pharmacy, Docket No. D-990422-044, effective September 9, 1999, nor has he demonstrated satisfactory proof to the Board that he is no longer addicted to or abusing liquor or drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy.
		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 denies the reinstatement petition of James W. Smetana. Pursuant to Rule 4729-9-01(F) of the Ohio Administrative Code, James W. Smetana may not be employed by or work in a facility licensed by the State Board of Pharmacy to possess or distribute dangerous drugs during suspension. Further, after one year from the effective date of this Order, the Board will consider any petition filed by James W. Smetana 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 James W. Smetana provides documentation of continuous compliance with the Board's September 9, 1999 Order and demonstrates satisfactory proof that he is no longer addicted to or abusing liquor or drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy. THIS ORDER WAS APPROVED BY A VOTE OF THE STATE BOARD OF PHARMACY. MOTION CARRIED. SO ORDERED.

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

5:10 p.m.

The Board meeting recessed until Tuesday, September 9, 2003.

TUESDAY, September 9, 2003

8:39 a.m.

ROLL CALL

The State Board of Pharmacy convened in Room East-B, 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.

Mr. McMillen presented a request for approval as a provider of continuing pharmacy education received from the Ohio Association for Alcohol/Drug Abuse Counselors (OAADAC). After significant discussion by the Board, this issue was tabled until further information can be received.

After a review of the minutes of the special telephone conference call held on August 25, 2003, Mrs. Gregg moved that the minutes be approved as written. The motion was seconded by Mr. Turner and approved by the Board (Aye-7/Nay-0/Abstain-1[Adelman]).

The Board next discussed the draft minutes from the August, 2003 Board meeting. Mrs. Adelman moved that the minutes of the August 4, 5, 6, 2003 meeting be approved as amended. The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

9:13 a.m.

10:35 a.m.

The hearing was recessed so the Board could receive a presentation from Alteer Electronic Transmission Systems that had been scheduled for 10:45 a.m.

10:40 a.m.

The Board was joined by David Francis of Alteer Electronic Transmission Systems. Mr. Francis presented information regarding his company’s electronic prescription system in response to concerns that the Board had expressed at a prior meeting.

11:13 a.m.

The hearing in the matter of Michael M. Fraulini, R.Ph. resumed.

12:25 p.m.

Ms. Eastman 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.

12:41 p.m.

The Executive Session ended, the meeting was opened to the public, and the hearing resumed.

12:47 p.m.

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

12:55 p.m.

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

1:15 p.m.

R-2004-044

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

		ORDER OF THE STATE BOARD OF PHARMACY (Docket No. D-030716-003) In The Matter Of: MICHAEL M. FRAULINI, R.PH. 3232 Big Pete Road Franklin Furnace, Ohio 45629 (R.Ph. No. 03-2-19444
		INTRODUCTION THE MATTER OF MICHAEL M. FRAULINI CAME FOR HEARING ON SEPTEMBER 9, 2003, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ROBERT P. GIACALONE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph., GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ELIZABETH I. GREGG, R.Ph.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph. MICHAEL M. FRAULINI WAS REPRESENTED BY JACK D. YOUNG 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. Michel M. Fraulini, R.Ph., Respondent 2. Dina Fraulini 3. Juanita Fraulini 4. John J. Gill 5. Ann Shepherd, D.D.S. 6. Steven Griffith 7. James Reneau 8. Jason Bentley 9. Thomas A. Scott, R.Ph.
		State's Exhibits 1. Reinstatement Hearing Request letter from Jack D. Young [07-11-03] 1A-1D. Procedurals 2. Portsmouth Police Department Incident Report, CFS No. 2002-002862 [02-08-02] 2A. Copy of State Board of Pharmacy Order in re Michael M. Fraulini, R.Ph. [07-11-02] 3. Portsmouth Police Department Traffic Crash Report [01-11-02] 4. Indictment, State of Ohio vs. Michael M. Fraulini, Case No. 02-CR-157, Scioto County Common Pleas Court [03-07-02] 5. Drug Screen Report [02-08-02] 6. Six Drug Audit reports for accountability of Percocet and Hydrocodone/APAP at Sciotoville Pharmacy [02-14-02] 7. Copy of Statement of Jane Stephenson [02-08-02] 8. Copy of Statement of Debbie Delabar [02-08-02] 9. Copy of Statement of Laura A. Estep [02-08-02] 10. Copy of Statement of Marianne Osborne [02-08-02] 11. Copy of Statement of Jennifer Lewis [02-08-02] 12. Copy of Statement of Lisa Hoskins [02-08-02]
		Respondent's Exhibits August 1, 2002 to January 31, 2003 A. Copy of Letter from Michael M. Fraulini [02-05-03] B. Copy of Progress Report from Melanie Sauls, LICSW and Jay Hughes, MD [01-29-03]; copy of Progress Report from Melanie Sauls, LICSW [01/29/03] C. Two New Hope Christian Counseling Center Client Monitoring Sheets [09-01-02 to 01-26-03] D. Copy of letter from Jay Hughes, M.D. [08-25-03]; Drug screen reports [08-29-02 to 02-05-03] E. Two Lists of Sponsors and Witnesses [08-01-02 to 01-31-03]; Schedule of Alcoholics Anonymous Meetings [02/05/03]; List of A.A. meetings chaired by Michael Fraulini [08-01-02 to 01-31-03] F. Support Group Attendance Records [09-02-02 to 01-31-03] G. Copy of New Hope Christian Counseling Center Contract for Michael M. Fraulini [08-29-02] H. Copy of Counseling Resume [not dated] February 1, 2003 to July 31, 2003 A. Copy of letter from Michael M. Fraulini [05-27-03] B. Copy of Progress Report from Jay Hughes, M.D. [08-25-03]; copy of Progress Report from Melanie Sauls, LICSW [not dated] C. Two New Hope Christian Counseling Center Client Monitoring Sheets [02-01-03 to 07-27-03] D. Copy of letter from Jay Hughes, M.D. [08-25-03]; Drug screen reports [02-05-03 to 07-16-03] E. Two Lists of Sponsors and Witnesses [02-01-03 to 07-31-03]; Schedule of Alcoholics Anonymous Meetings [08-25-03]; List of A.A. meetings chaired by Michael Fraulini [02-01-03 to 07-31-03] F. Support Group Attendance Records [02-01-03 to 09-08-03] G. C.P.E. Requirements Information Sheet [08-04-03; C.P.E. Report Form of Michael M. Fraulini [08-26-03]; Continuing Pharmaceutical Education Statements of Credit and Official Transcript of Credit [03-12-99 to 08-26-03] H. Nine Letters of Support [08-23-03 to 09-09-03] I. Copy of Calendar Pages [01-20-03 and 01-26-03]
		FINDING 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 that Michael M. Fraulini has complied with the terms set forth in the Order of the State Board of Pharmacy, Docket No. D-020307-046, effective July 11, 2002. 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. 03-2-19444, held by Michael M. Fraulini to practice pharmacy in Ohio and places Michael M. Fraulini on probation for five years beginning on the effective date of this Order, with the following conditions:
		(A) Michael M. Fraulini must enter into a 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 his pharmacist identification card is issued. 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) Alcohol must be added to the standard urine drug screen. A Breathalyzer may be used to test for alcohol, but an appropriately certified individual must conduct the test within twelve hours of notification. (c) Results of all drug and alcohol screens must be negative. 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. (d) Refusals of urine screens or diluted urine screens are equivalent to a positive result and indicate a violation of probation.
		(2) The intervener/sponsor shall provide copies of all drug and alcohol 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) Michael M. Fraulini 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 Michael M. Fraulini's progress towards recovery and what Mr. Fraulini has been doing during the previous three months.
		(C) Other terms of probation are as follows:
		(1) The State Board of Pharmacy hereby declares that Michael M. Fraulini'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) Michael M. Fraulini may not serve as a responsible pharmacist. (3) Michael M. Fraulini may not destroy, assist in, or witness the destruction of controlled substances. (4) Michael M. Fraulini must abide by the contract with his treatment provider and must immediately report any violation of the contract to the Board. (5) Michael M. Fraulini must not violate the drug laws of Ohio, any other state, or the federal government. (6) Michael M. Fraulini must abide by the rules of the Ohio Board of Pharmacy. (7) Michael M. Fraulini must comply with the terms of this Order.
		(D) 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.
		Michael M. Fraulini 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. Adelman and approved by the Board (Aye-8/Nay-0).

R-2004-045

After further discussion of the information presented regarding the Alteer Electronic Transmission System, Mrs. Gregg moved that the Board find the system to be approvable pending a final inspection of the installed product. The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

R-2004-046

Mr. Keeley distributed some proposed changes to OAC Rule 4729-5-11 (Responsible pharmacist) to the Board. After discussing the proposed revisions, Mrs. Teater moved that the Board approve the proposed amendments to Rule 4729-5-11 and that the rule be filed for Public Hearing with the rules previously approved by the Board, as follows:

Rule 4729-5-11 Responsible ~~pharmacist~~ person.

(A)

For a pharmacy licensed as a terminal distributor of dangerous drugs:

~~(A)~~ (1)

Only a pharmacist may be the responsible person whose name appears on the terminal distributor of dangerous drugs license for a pharmacy as defined in division (A) of section 4729.01 of the Revised Code. A pharmacist shall be the responsible person for no more than one such pharmacy except with written permission from the state board of pharmacy. A written request shall be submitted outlining the circumstances requiring a pharmacist to be responsible for more than one pharmacy and the period of time during which the circumstances will exist. A pharmacist shall not be designated the responsible ~~pharmacist~~ person for a pharmacy unless he/she will be physically present in the pharmacy a sufficient amount of time to provide supervision and control.

~~(B)~~ (2)

The responsible ~~pharmacist~~ person shall be responsible for the practice of the profession of pharmacy, including but not limited to "supervision and control" of dangerous drugs as required in division (B) of section 4729.55 of the Revised Code, "adequate safeguards" as required in division (C) of section 4729.55 of the Revised Code, and maintaining all drug records otherwise required.

~~(C)~~

If there is a change in the responsible pharmacist, the state board of pharmacy shall be notified on a board approved form within thirty days thereof of the effective date of the change and the name of the new responsible pharmacist.

~~(1)~~

~~This notice to the state board of pharmacy shall be by certified mail, return receipt requested, or by verified facsimile transmission.~~

~~(2)~~

A complete inventory, pursuant to federal regulations and rule 4729-9-14 of the Administrative Code, shall be taken of the controlled substances on hand at the pharmacy with the new responsible pharmacist. The new responsible pharmacist shall be responsible for completing and maintaining this inventory record at the site of the terminal distributor of dangerous drugs.

~~(D)~~ (3)

The person to whom the terminal distributor of dangerous ~~drug~~ drugs license has been issued and all pharmacists on duty are responsible for compliance with all state and federal laws, regulations, and rules regulating the distribution of drugs and the practice of pharmacy.

(B)

For all locations licensed as a terminal distributor of dangerous drugs:

	(1)	A location licensed as a terminal distributor of dangerous drugs must have a responsible person at all times.
	(2)	When there is a change of responsible person, the state board of pharmacy shall be notified by the new responsible person within thirty days on a board-approved form. This notice to the state board of pharmacy shall be sent by certified mail, return receipt requested, or by verified facsimile transmission.
	(3)	A complete inventory, pursuant to federal regulations and rule 4729-9-14 of the Administrative Code, shall be taken of the controlled substances on hand with the new responsible person on the effective date of the change of responsible person. The new responsible person shall be responsible for completing and maintaining this inventory record at the site of the terminal distributor of dangerous drugs.
	(4)	The responsible person to whom the terminal distributor of dangerous drugs license has been issued is responsible for compliance with all state and federal laws, regulations, and rules regulating the distribution of drugs.

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

1:30 p.m.

With all members present, the Board moved to 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.

R-2004-047

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.

PENNY D. ADAM	03-1-25951	ARIZONA
KRISTEN RENEE CARL	03-1-25947	INDIANA
LANE MYLES CHERAMIE	03-1-25938	LOUISIANA
SHARON YVONNE COLLINS	03-1-25995	TEXAS
JENNIE CORA-PABON	03-1-25924	VIRGINIA
JASON ANDREW CORCORAN	03-1-25968	MARYLAND
ELIZABETH ANN DOBBS	03-1-25970	PENNSYLVANIA
MARY L. GLAVAN	03-3-14646	WASHINGTON DC
BARBARA JANE GROFF	03-1-25959	NEW YORK
JENNIFER BANKS HARRIS	03-1-25963	NORTH CAROLINA
SHARON SUE HUDDLESTON	03-1-25953	ARIZONA
BRADLEY SHERWOOD JENNINGS	03-1-25944	COLORADO
CHRISTOPHER JOHN LOWE	03-1-25969	MARYLAND
CORRIE ANN MARTIN	03-1-25967	KENTUCKY
ERIK JOSEPH RACHWALSKI	03-1-25966	KENTUCKY
TOMMY DALE ROBERTS	03-1-25965	NEVADA
SANDRA LOUISE SHEPHERD	03-1-25932	NEW YORK
CORBETT L. SORRELL	03-1-25941	ARIZONA
LISA ANN SORRELL	03-1-15940	ARIZONA
JARETT SZCZEPANSKI	03-1-25971	WEST VIRGINIA

1:40 p.m.

The Board recessed for lunch.

2:58 p.m.

The Board reconvened in Room East B with all members present. 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 Zachary James Blake; Castalia.

3:12 p.m.

The record was closed.

3:17 p.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 Patricia M. Crane, R.Ph.; Painesville.

3:39 p.m.

The record was closed.

The Board next set the meeting schedule for Fiscal Year 2005 (July 1, 2004-June 30, 2005) as follows:

07/12/04

07/13/04

07/14/04

10/04/04

10/05/04

10/06/04

01/03/05

01/04/05

01/05/05

04/11/05

04/12/05

04/13/05

08/02/04

08/03/04

08/04/04

11/08/04

11/09/04

11/10/04

02/07/05

02/08/05

02/09/05

05/02/05

05/03/05

05/04/05

09/13/04

09/14/04

09/15/04

12/06/04

12/07/04

12/08/04

03/07/05

03/08/05

03/09/05

06/06/05

06/07/05

06/08/05

3:45 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 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. 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.

4:00 p.m.

R-2004-048

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 Zachary James Blake:

		ORDER OF THE STATE BOARD OF PHARMACY (Docket No. D-030606-076) In The Matter Of: ZACHARY JAMES BLAKE 203 Depot Street, P.O. Box 38 Castalia, Ohio 44824 (D.O.B. 08/01/78) INTRODUCTION THE MATTER OF ZACHARY JAMES BLAKE CAME FOR CONSIDERATION ON SEPTEMBER 9, 2003, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ROBERT P. GIACALONE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ELIZABETH I. GREGG, R.Ph.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph. ZACHARY JAMES BLAKE WAS NOT PRESENT NOR WAS HE REPRESENTED BY COUNSEL AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL. SUMMARY OF EVIDENCE State’s Witnesses 1. Dale Fritz, Jr., Ohio State Board of Pharmacy Respondent's Witnesses None
		State's Exhibits 1. Copy of Proposal to Deny/Notice of Opportunity For Hearing letter [06-06-03] 2. Statement of Zachary James Blake [07-04-98] 3. Sandusky Police Department Complaint Report No. 9217 [07-04-98] 4. History Information File, City of Sandusky vs. Zachary J. Blake, Case No. CRB-9803223-A, Sandusky Municipal Court [07-06-98] 5. History Information File, City of Sandusky vs. Zachary J. Blake, Case No. CRB-9803223-B, Sandusky Municipal Court [07-06-98] 6. History Information File, City of Sandusky vs. Zachary J. Blake, Case No. CRB-9803200-A, Sandusky Municipal Court [07-06-98] 7. History Information File, City of Sandusky vs. Zachary J. Blake, Case No. CRB-9803200-B, Sandusky Municipal Court [07-06-98] 8. Statement of Zachary James Blake [01-10-99] 9. Sandusky Police Department Complaint Report No. 331 [01-10-99] 10. History Information File, City of Sandusky vs. Zachary J. Blake, Case No. CRB-9900084-A, Sandusky Municipal Court [06-04-99] 11. History Information File, City of Sandusky vs. Zachary J. Blake, Case No. CRB-9900084-B, Sandusky Municipal Court [06-04-99] 12. Statement of Zachary James Blake [01-06-01] 13. Perkins Police Department Incident Report CR# 01-000183 [01-06-01] 14. History Information File, City of Sandusky vs. Zachary J. Blake, Case No. CRB-0100131, Sandusky Municipal Court [01-12-01] 15. Statement of Zachary James Blake [05-10-02] 16. Bowling Green Police Division Incident Report No. 02-007060 [12-18-02] 17. Court Entry Record, Bowling Green Police Dept. vs. Zachary J. Blake, Case No. 02CRB-00783-A, Bowling Green Municipal Court [05-10-02] 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 June 6, 2003, Zachary James Blake was notified by letter of his right to a hearing, his rights in such hearing, and his right to submit his contentions in writing. (2) As demonstrated by return receipt dated June 7, 2003, Zachary James Blake received the letter of June 6, 2003, informing him of the allegations against him, and his rights. (3) Zachary James Blake has not responded in any manner to the letter of June 6, 2003, and has not requested a hearing in this matter. (4) Records of the Ohio Board of Pharmacy indicate that Zachary James Blake applied to the Board for registration as a pharmacy intern in Ohio on October 23, 2002. (5) Zachary James Blake was, on or about July 4, 1998, stopped by a Sandusky police officer for drinking from an open container of beer after leaving a bar. Zachary James Blake was arrested after the officer discovered he had an altered driver’s license. On July 6, 1998, Zachary James Blake was found guilty of Misrepresentation of Person Under 21, a misdemeanor of the first degree under Section 4301.634 of the Ohio Revised Code; Consuming Under Age, a misdemeanor of the first degree under Section 4301.632 of the Ohio Revised Code, and two counts of Open Flask in Public, minor misdemeanors under the City of Sandusky Ordinance No. 139.04. Zachary James Blake received a fine, suspended jail time, and was required to attend an alcohol program. City of Sandusky vs. Zachary J. Blake, Case Nos. 9003200A, 9803200B, 98CRB03223A, and 98CRB03223B, Sandusky Municipal Court. Such conduct constitutes not being of good moral character and habits within the meaning of Rule 4729-5-04 of the Ohio Administrative Code and thus not meeting the requirements of the Board within the meaning of Section 4729.11 of the Ohio Revised Code. (6) Zachary James Blake was, on or about January 10, 1999, observed by a Sandusky police officer walking down the street at 2:43 a.m. Zachary James Blake was intoxicated and in possession of an altered driver’s license. Zachary James Blake was tested to have a .182 blood alcohol content. On June 4, 1999, Zachary James Blake was found guilty of Consuming Under Age, a misdemeanor of the first degree under Section 4301.632 of the Ohio Revised Code; and Misrepresentation of Person Under 21, a misdemeanor of the first degree under Section 4301.64 of the Ohio Revised Code. Zachary James Blake received a fine and suspended jail time. City of Sandusky vs. Zachary J. Blake, Case No. 9900084A and 9900084B, Sandusky Municipal Court. Such conduct constitutes not being of good moral character and habits within the meaning of Rule 4729-5-04 of the Ohio Administrative Code and thus not meeting the requirements of the Board within the meaning of Section 4729.11 of the Ohio Revised Code. (7) Zachary James Blake was, on or about January 6, 2001, arrested by a Perkins Police Department officer after being involved in a fight. On January 12, 2001, Zachary James Blake was found guilty of and fined for Disorderly Conduct, a minor misdemeanor under Section 2917.11 of the Ohio Revised Code. City of Sandusky vs. Zachary J. Blake, Case No. CRB 0100131, Sandusky Municipal Court. Such conduct constitutes not being of good moral character and habits within the meaning of Rule 4729-5-04 of the Ohio Administrative Code and thus not meeting the requirements of the Board within the meaning of Section 4729.11 of the Ohio Revised Code. (8) Zachary James Blake was, on or about April 15, 2002, arrested by a Bowling Green police officer after being observed carrying an open container of beer on the street. On May 10, 2002, Zachary James Blake was found guilty of and fined for having an Open Container of Alcohol, a minor misdemeanor under Section 96.03 of the Bowling Green Codified Ordinance. Bowling Green Police Department vs. Zachary J. Blake, Case No. 02CRB00783-A, Bowling Green Municipal Court. Such conduct constitutes not being of good moral character and habits within the meaning of Rule 4729-5-04 of the Ohio Administrative Code and thus not meeting the requirements of the Board within the meaning of Section 4729.11 of the Ohio Revised Code.
		CONCLUSION OF LAW The State Board of Pharmacy concludes that paragraphs (5) through (8) of the Findings of Fact constitutes not being of good moral character and habits as provided in paragraph (C) of Rule 4729-5-04 of the Ohio Administrative Code. DECISION OF THE BOARD Pursuant to Section 4729.11 of the Ohio Revised Code, and Rule 4729-5-04 of the Ohio Administrative Code, the State Board of Pharmacy hereby refuses to grant a license and, therefore, denies the Application for Pharmacy Intern Registration submitted by Zachary James Blake on October 23, 2002. Further, the Board will not consider any new application submitted by Zachary James Blake until Mr. Blake appears before the Board. THIS ORDER WAS APPROVED BY A VOTE OF THE STATE BOARD OF PHARMACY. MOTION CARRIED. SO ORDERED.

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

R-2004-049

Mr. Turner then moved that the Board adopt the following Order in the matter of Patricia M. Crane, R.Ph.:

		ORDER OF THE STATE BOARD OF PHARMACY (Docket No. D-030606-077) In The Matter Of: PATRICIA M. CRANE, R.Ph. 1651 Mentor Avenue 603 Painesville, Ohio 44077 (R.Ph. No. 03-2-11312)
		INTRODUCTION THE MATTER OF PATRICIA M. CRANE CAME FOR CONSIDERATION ON SEPTEMBER 9, 2003, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ROBERT P. GIACALONE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ELIZABETH I. GREGG, R.Ph.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph. PATRICIA M. CRANE WAS NOT PRESENT NOR WAS SHE REPRESENTED BY COUNSEL 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 None State's Exhibits 1. Copy of Notice of Opportunity For Hearing letter [06-06-03] 1A. Copy of Amendment Notice letter [07-01-03] 1B-1C. Procedurals 2. C.P.E. Report Form for Patricia M. Crane [09-05-02] 3. C.P.E.. Audit Notice letter to Patricia M. Crane [09-13-02] 4. Pharmacist License Lapsed Notice letter to Patricia M. Crane [09-25-02] 5. C.P.E. Audit Non-Compliance letter to Patricia M. Crane [10-18-02] 6. C.P.E. Audit Non-Compliance letter to Patricia M. Crane [11-07-02] 7. Letter from Patricia M. Crane [11-20-02] 8. C.P.E. Report Form for Patricia M. Crane [10-30-02] 9. Letter from Patricia M. Crane [01-10-03] 10A-10I. Rx #92427-5821 [09-17-02]; Rx #93070-5821 [09-23-02]; Rx #93834-5821 [09-30-02]; Rx #94481-5821 [10-07-02]; Rx #95647-5821 [10-19-02]; Rx #95769-5821 [10-21-02]; Rx #96653-5821 [10-30-02]; Rx #97028-5821 [11-03-02]; Rx #97259-5821 [11-05-02] 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 June 6, 2003, Patricia M. Crane was notified by letter of her right to a hearing, her rights in such hearing, and her right to submit her contentions in writing. (2) As demonstrated by return receipt dated June 17, 2003, Patricia M. Crane received the letter of June 6, 2003, informing her of the allegations against her, and her rights. (3) Patricia M. Crane has not responded in any manner to the letter of June 6, 2003, and has not requested a hearing in this matter. (4) Records of the Ohio Board of Pharmacy indicate that Patricia M. Crane was originally licensed by the State of Ohio as a pharmacist on August 4, 1975, pursuant to examination, and is currently licensed to practice pharmacy in Ohio. (5) Patricia M. Crane did, on or about September 5, 2002, with purpose to defraud, forge a writing so that it purported to be genuine when it was actually spurious, to wit: on Patricia M. Crane’s continuing pharmacy education report form to the Board, she falsified continuing education program numbers for programs which she did not complete. Patricia M. Crane submitted the form to the Board purporting to having complied with continuing education requirements, when she had not. Such conduct is in violation of Section 2913.31 of the Ohio Revised Code. (6) Patricia M. Crane did, on or about September 5, 2002, knowingly make a false statement to secure the issuance of her renewal identification card by the Ohio Board of Pharmacy and/or when the statement was in connection with a report required by law, to wit: Patricia M. Crane submitted her continuing pharmacy education report form with false information. Such conduct is in violation of Sections 2921.13 and 4729.12 of the Ohio Revised Code. (7) Patricia M. Crane did, from September 15, 2002, through November 6, 2002, while not a properly licensed pharmacist, practice pharmacy, to wit: while Patricia M. Crane had not properly renewed her license, and during a period when she had either not obtained her pharmacist’s identification card or after she had surreptitiously obtained an invalid identification card, Patricia M. Crane practiced pharmacy when not legally authorized to do so. Such conduct is in violation of Section 4729.28 of the Ohio Revised Code.
		CONCLUSIONS OF LAW (1) The State Board of Pharmacy concludes that paragraphs (5) through (7) 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. (2) The State Board of Pharmacy concludes that paragraphs (6) and (7) 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 4729. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code. (3) The State Board of Pharmacy concludes that paragraphs (5) and (6) of the Findings of Fact constitute having committed fraud, misrepresentation, or deception in applying for or securing a license or identification card issued by the board under Chapter 4729. of the Revised Code.
		DECISION OF THE BOARD 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, for one month, the pharmacist identification card, No. 03-2-11312, held by Patricia M. Crane effective as of the date of the mailing of this Order. Further, the Board suspends the suspension and places her identification card on probation for 24 months, with the following conditions.
		(A) Patricia M. Crane will be audited for three continuing pharmacy education cycles. (B) Patricia M. Crane must not violate the drug laws of Ohio, any other state, or the federal government. (C) Patricia M. Crane must abide by the rules of the State Board of Pharmacy. (D) Patricia M. Crane must comply with the terms of this Order. (E) 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..
		Patricia M. Crane 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. Kost and approved by the Board (Aye-8/Nay-0).

4:05 p.m.

The Board recessed until Wednesday, September 10, 2003.

WEDNESDAY, September 10, 2003

8:35 a.m.

ROLL CALL

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

Mr. Braylock reported that the Nursing Board’s Committee on Prescriptive Governance had not met since the last report.

R-2004-050

Mr. Keeley distributed some proposed changes to OAC Rule 4729-5-01 (Definitions) to the Board which contained proposed revisions to paragraph (L), the definition of Protocol. After discussing the proposed revisions, Mrs. Gregg moved that the Board approve the proposed amendments to Rule 4729-5-01 and that the rule be filed for Public Hearing with the rules previously approved by the Board, as follows:

Rule 4729-5-01 Definitions.

As used in Chapter 4729. of the Revised Code:

	(A)	"Practice of pharmacy" is as defined in division (B) of section 4729.01 of the Revised Code.
	(B)	The term "dispense" means the final association of a drug with a particular patient pursuant to the prescription, drug order, or other lawful order of a prescriber and the professional judgment of and the responsibility for: interpreting, preparing, compounding, labeling, and packaging a specific drug.
	(C)	The term "compounding" has the same meaning as defined in division (C) of section 4729.01 of the Revised Code.
	(D)	"Interpret prescriptions" means the professional judgment of a pharmacist when reviewing a prescription order of a prescriber for a patient.
	(E)	"To participate in drug selection" means selecting and dispensing a drug product pursuant to sections 4729.38 and 4729.381 of the Revised Code.
	(F)	"To participate with prescribers in reviews of drug utilization" means monitoring the appropriate use of drugs through communication with the prescriber(s) involved.
	(G)	"Pharmacist" means an individual who holds a current pharmacist identification card pursuant to section 4729.08 or 4729.09 of the Revised Code; or, pursuant to section 4729.12 of the Revised Code.
	(H)	"Original prescription" means the prescription issued by the prescriber in writing, an oral or electronically transmitted prescription recorded in writing by the pharmacist, a prescription transmitted by use of a facsimile machine, or a prescription transmitted by a board-approved electronic prescription transmission system, each of which is pursuant to rule 4729-5-30 of the Administrative Code.
	(I)	"Personal supervision" means a pharmacist shall be physically present in the pharmacy and provide personal review and approval of all professional pharmaceutical activities.
	(J)	"Preprinted order" is defined as a patient-specific, definitive set of drug treatment directives to be administered to an individual patient who has been examined by a prescriber and for whom the prescriber has determined that the drug therapy is appropriate and safe when used pursuant to the conditions set forth in the preprinted order. Preprinted orders may be used only for inpatients in an institutional facility as defined in Chapter 4729‑17 of the Administrative Code.
	(K)	"Standing order" will mean the same as the term "protocol".
	(L)	"Protocol" is defined as:

(1)

A definitive set of written treatment guidelines that include definitive orders for drugs and their specified dosages which have been authorized by a prescriber ~~as defined in rule 4729-5-15 of the Administrative Code~~ and have been approved by the state board of pharmacy to be used by ~~certified or~~ licensed health care professionals when providing limited medical services to individuals in an emergency situation when the services of a prescriber are not immediately available; or

(2)

A definitive set of written treatment guidelines that include definitive orders for drugs and their specified dosages which have been authorized by a prescriber ~~as defined in rule 4729-5-15 of the Administrative Code~~ and have been approved by the state board of pharmacy to be used by ~~certified or~~ licensed health care professionals when administering biologicals or vaccines to individuals for the purpose of preventing diseases.; or

(3)

A definitive set of written treatment guidelines that include patient-specific and dose-specific orders for the administration of a specific drug that have been authorized by a prescriber to be used when the services of that prescriber are not immediately available. The state board of pharmacy must approve the treatment guidelines prior to implementation. A list of the board-approved drugs used in the treatment guidelines shall be displayed on the board’s website (www.state.oh.us/pharmacy). To be considered for approval by the board, the treatment guidelines must meet the following requirements:

(a)

The drugs shall only be administered by an individual authorized by law to administer the drugs that are listed in the treatment guidelines.

(b)

A prescriber must complete an assessment and make a diagnosis prior to ordering a set of treatment guidelines.

(c)

The treatment guidelines:

	(i)	Can only be initiated upon the order of a prescriber, and the prescriber, utilizing positive identification, must create an order in the patient record to acknowledge and document an adjustment made pursuant to the treatment guidelines before another dose or frequency adjustment can be made;
	(ii)	Shall only apply to adjusting the dose or frequency of the administration of a specific drug that has been previously ordered by a prescriber;
	(iii)	Apply only to those drugs that may require calculations for specific dose and frequency adjustments which shall be based on objective measures;
	(iv)	Apply only to those drugs for which the therapeutic dose is significantly lower than the dose expected to cause detrimental adverse effects;
	(v)	Do not apply to those drugs for which a dosage change selected within the usual normal dose range could cause detrimental adverse effects;
	(vi)	Can be performed without requiring the exercise of medical judgment;
	(vii)	Will lead to results that are reasonably predictable and safe;
	(viii)	Can be performed safely without repeated medical assessments;
	(ix)	If performed improperly, would not present a danger of immediate and serious harm to the patient.

A protocol may be used only by ~~licensed or certified~~ individuals ~~acting within the scope of their license or certification who have been adequately trained in the safe administration and use of the drugs and other~~ authorized by law to administer the drugs and to perform the procedures included in the protocol.

Protocols submitted for approval by the state board of pharmacy may be reviewed with the ~~medical and/or nursing board, as~~ appropriate, health care related board prior to any approval by the state board of pharmacy.

(M)

"Prescriber" means any person authorized by the Revised Code to prescribe dangerous drugs as part of their professional practice.

(N)

"Positive identification" means a method of identifying an individual who prescribes, administers, or dispenses a dangerous drug. Such method must include a physical means of identification such as, but not limited to, the following:

	(1)	A manual signature on a hard-copy record;
	(2)	A magnetic card reader;
	(3)	A bar code reader;
	(4)	A thumbprint reader or other biometric method; or
	(5)	A daily printout of every transaction that is verified and manually signed within twenty-four hours by the individual who prescribed, administered, or dispensed the dangerous drug. The printout must be maintained for three years and made available on request to those individuals authorized by law to review such records.

A magnetic card reader or a bar code reader system of identification must also include a private personal identifier, such as a password, for entry into a mechanical or automated system.

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

9:35 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. Braylock and a roll call vote was conducted by President Giacalone as follows: Adelman-Yes, Braylock-Yes, Eastman-Yes, Gregg-Yes, Lipsyc-Yes, Kost-Yes, Teater-Yes, and Turner-Yes.

10:02 a.m.

The Executive Session ended and the meeting was opened to the public.

10:03 a.m.

Mrs. Gregg moved that the Board receive Per Diem as follows:

PER DIEM	9/8	9/9	9/10	Total
Adelman	1	1	1	3
Braylock	1	1	1	3
Eastman	1	1	1	3
Giacalone	1	1	1	3
Gregg	1	1	1	3
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. Adelman and approved by the Board (Aye-8/Nay-0).

10:05 a.m.

The meeting was recessed so the Board members could travel to the Villa Milano restaurant for a meeting with the Executive Committee of the Ohio Pharmacists Association (OPA) and, following that meeting, the Licensure Ceremony.

10:45 a.m.

The Board reconvened at the Villa Milano Restaurant to meet with the Executive Committee of the OPA to discuss items of mutual interest and concern. There were no issues requiring official action of the Board.

11:55 a.m.

The meeting with the OPA Executive Committee ended. Mrs. Gregg moved that the Board meeting be adjourned so that the members could attend the Licensure Ceremony. The motion was seconded by Ms. Eastman and approved by the Board (Aye-8/Nay-0).

THE BOARD APPROVED THESE MINUTES

OCTOBER 15, 2003