Record of the Proceedings -- February 7, 8, 9, 2000

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.

Minutes Of The Meeting

Ohio State Board of Pharmacy

Columbus, Ohio

February 7, 8, 9, 2000

MONDAY, FEBRUARY 7, 2000

8:06 a.m. ROLL CALL

The State Board of Pharmacy convened in Room 1914, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with the following members present:

Robert B. Cavendish, R.Ph. (President); Diane C. Adelman, R.Ph. (Vice-President); Ann D. Abele, R.Ph.; Suzanne R. Eastman, R.Ph.; Robert P. Giacalone, R.Ph.; Lawrence J. Kost, R.Ph.; Suzanne L. Neuber, R.Ph.; and Nicholas R. Repke, Public Member.

Also present were William T. Winsley, Executive Director; Timothy Benedict, Assistant Executive Director; David Rowland, Legal Affairs Administrator; and Sally Ann Steuk, Assistant Attorney General.

8:07 a.m.

Ms. Abele 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. Repke and a roll call vote was conducted by President Cavendish as follows: Abele-Yes, Adelman-Yes, Eastman-Yes, Giacalone-Yes, Kost-Yes, Neuber-Yes, and Repke-Yes.

8:16 a.m.

The Executive Session ended and the Board meeting resumed in Public Session.

RES. 2000-109 Mrs. Neuber then moved that, pursuant to Section 3719.121 of the Revised Code, the Board summarily suspend the license to practice pharmacy belonging to Jay Stephan Belcher, R.Ph. (03-1-17435) 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 Mr. Repke and approved by the Board (Aye-7/Nay-0).

Mr. Winsley presented a letter received from the attorney for Nevoca.com, Inc. in response to a Cease and Desist Letter issued by the Board on December 22, 1999. After reviewing the letter, the Board members present wished to see a copy of the consent form signed by the patient. It was the consensus of the Board that this program would be in compliance with the Board’s rule on patient confidentiality if the consent form allowed for a truly informed decision to be made by the patient. Mr. Winsley was asked by the Board to obtain a copy of the consent form for the Board to review prior to the Board making any final decision on the program.

8:28 a.m.

Mr. Winsley and Mr. Benedict reported on current and pending legislation issues. After discussion, there were no issues requiring an official action of the Board.

8:45 a.m.

RES. 2000-110 Mrs. Adelman moved that the Board approve the travel and appropriate expenses of the Board’s President, Public Member, and Executive Director to the National Association of Boards of Pharmacy (NABP) Annual Meeting to be held in Nashville, Tennessee in May. The motion was seconded by Ms. Eastman and approved by the Board (Aye-7/Nay-0).

8:50 a.m.

RES. 2000-111 The Board agreed that Mr. Cavendish, as Board President, would serve as the primary voting delegate to the NABP Annual Meeting. Mr. Cavendish then appointed Mrs. Adelman, the Board’s Vice-President, as the alternate voting delegate.

8:51 a.m.

The Board took a brief recess.

9:06 a.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. Repke and a roll call vote was conducted by President Cavendish as follows: Abele-Yes, Adelman-Yes, Eastman-Yes, Giacalone-Yes, Kost-Yes, Neuber-Yes, and Repke-Yes.

9:17 a.m.

The Executive Session ended and the Board meeting resumed in Public Session.

RES. 2000-112 Mrs. Neuber moved that the Board deny the settlement offer received in the matter of Robert Tschinkel (03-1-10969). The motion was seconded by Mr. Repke and approved by the Board (Aye-7/Nay-0).

RES. 2000-113 Mrs. Neuber then moved that, pursuant to Section 3719.121 of the Revised Code, the Board summarily suspend the license to practice pharmacy belonging to Steven J. Brownsberger, R.Ph. (03-3-18617) 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 Ms. Eastman and approved by the Board (Aye-7/Nay-0).

9:20 a.m.

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

Mr. Benedict reported that there had been no meeting of the Medical Board’s Prescribing Committee since his last report.

Ms. Abele and Mr. Kost reported on the Nursing Board’s Formulary Committee meeting which they both attended on January 31, 2000.

9:32 a.m.

The Board took a brief recess.

9:40 a.m.

The Board was joined by representatives of several groups to discuss the new on-line adjudication program of the Ohio Medicaid Department. In particular, the discussion focused on the requirements of the new program for the billing of compounded prescription products and the discrepancy between these billing requirements and the Board’s rules on prescription numbering and format. Groups represented at the meeting were Ohio Medicaid, First Health, the Ohio Pharmacists Association, Meijer, Institutional Pharmacy Association, and Discount Drug Mart.

11:16 a.m.

The discussion ended. Mr. Cavendish informed the parties present that the Board would discuss the issue further and reach a decision. The Board recessed for lunch.

12:45 p.m.

The Board meeting resumed with all members present except Mr. Littlejohn. The Board was joined by Mr. McMillen to discuss a proposal from Kessco Drugs. After discussion, Mr. McMillen was instructed to have further discussions with Kessco Drugs about this program, particularly regarding the Board’s concerns with patient confidentiality issues that need to be addressed in the program.

1:12 p.m.

Mr. Littlejohn arrived and joined the meeting in progress.

1:25 p.m.

The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of continuing the adjudication hearing in accordance with Ohio Revised Code Chapters 119. and 4729. in the matters of John Lafferty, R.Ph., Cleveland; Imogene Carol Maynard, R.Ph., Cleveland; and Suellen Ogden, R.Ph., Elyria.

4:50 p.m.

The hearing and the Board meeting were recessed until Tuesday, February 8, 2000.

TUESDAY, February 8, 2000

8:10 a.m. ROLL CALL

The State Board of Pharmacy convened in Room 1914, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with the following members present:

8:18 a.m.

Mr. Littlejohn arrived and joined the meeting.

8:19 a.m.

The hearing in the matters of John Lafferty, Imogene Maynard, and Suellen Ogden resumed.

11:24 a.m.

The hearing recessed for lunch.

1:00 p.m.

RES. 2000-114 All of the Board members except Mrs. Neuber convened in Room 1919 for the purpose of meeting with the candidates for licensure by reciprocity. Following presentations by Board members and self-introductions by the candidates for licensure by reciprocity, Mr. Littlejohn moved that the Board approve the following candidates for licensure. The motion was seconded by Mrs. Adelman and approved by the Board (Aye-7/Nay-0).

Edward Hamilton Allen, Jr. Louisiana

Cindy Sue Allgeier Indiana

Beverly Diane Caskey Kansas

Maria C. Damato Pennsylvania

Hugh William McNabb Michigan

Steven Perry West Virginia

Tamara Lee Pfund Michigan

Christopher Blake Scarborough North Carolina

Anita Bhikhalal Suthar Utah

Tom M. Wynn Kentucky

1:26 p.m.

The Board reconvened in Room 1914 with all members present and the hearing in the matters of John Lafferty, Imogene Maynard, and Suellen Ogden resumed.

3:31 p.m.

The hearing and the Board meeting were recessed until Wednesday, February 9, 2000.

WEDNESDAY, FEBRUARY 9, 2000

8:00 a.m. ROLL CALL

The State Board of Pharmacy convened in Room 1914, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with the following members present:

Robert B. Cavendish, R.Ph. (President); Diane C. Adelman, R.Ph. (Vice-President); Ann D. Abele, R.Ph.; Lawrence J. Kost, R.Ph.; Suzanne L. Neuber, R.Ph.; and Nicholas R. Repke, Public Member.

8:02 a.m.

Ms. Abele moved that the Board go into Executive Session for the purpose of conferring with an attorney for the Board regarding pending or imminent court action. The motion was seconded by Mr. Repke and a roll call vote was conducted by President Cavendish as follows: Abele-Yes, Adelman-Yes, Kost-Yes, Neuber-Yes, and Repke-Yes.

8:03 a.m.

Ms. Eastman arrived and joined the meeting.

8:06 a.m.

RES. 2000-115 The Executive Session ended and the meeting was opened to the public. Mr. Benedict presented a request from University Hospital Health Alliance (Cincinnati) for an exemption from the requirements of Administrative Code Rule 4729-5-10 (Pick-up station). Mrs. Adelman moved that the Board approve the request. The motion was seconded by Ms. Eastman and approved by the Board (Aye-6/Nay-0).

8:15 a.m.

Mr. Littlejohn arrived and joined the meeting.

RES. 2000-116 Ms. Eastman moved that the Board temporarily suspend the enforcement of the Board’s rule, 4729-5-13, that is affected by the new Medicaid billing procedure, thus allowing pharmacies licensed by the Board to follow the Medicaid billing procedures for compounded prescription products. This suspension of the enforcement of the rule is to be temporary and apply only to those compounded prescriptions affected by this billing procedure. This suspension of the enforcement of the rule is valid only until January 1, 2001. In addition, Board staff is instructed to issue a compliance bulletin to all pharmacies thus affected. The motion was seconded by Mrs. Neuber and approved by the Board (Aye-7/Nay-0).

8:48 a.m.

The hearing in the matters of John Lafferty, Imogene Maynard, and Suellen Ogden resumed.

9:35 a.m.

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

9:53 a.m.

RES. 2000-117 The Executive Session ended and the Board meeting resumed in Public Session. Mr. Cavendish announced that, even though the Board did not consider the reasons offered by the respondents to be valid, the Board would grant the motion by the respondents for a recess in the hearing until a later date due to the expedient needs of the Board. The hearing was thus continued until a later date.

10:05 a.m.

After a discussion of the proposed Minutes, Ms. Abele moved that the Minutes of the January 10, 11, 12, 2000 meeting be approved as amended. The motion was seconded by Mr. Littlejohn and approved by the Board (Aye-7/Nay-0).

10:25 a.m.

RES. 2000-118 Following a discussion of the comments received regarding the Board’s proposed rules that were the subject of the Public Rules Hearing on January 10, 2000, Mrs. Neuber moved that the Board authorize Board staff to notify the Joint Committee on Agency Rule Review (JCARR) of the Board’s intent to refile proposed new rule 4729-5-14 and proposed new rules 4729-33-01, 4729-33-02, 4729-33-03, 4729-33-04, and 4729-33-05. Mrs. Neuber also moved that the Board proceed to the February JCARR meeting with the rest of the proposed rules as written. The motion was seconded by Ms. Eastman and approved by the Board (Aye-7/Nay-0).

10:30 a.m.

The Board meeting recessed until 1:00 p.m.

1:00 p.m.

The Board was joined by the following representatives from the Ohio Society of Health-System Pharmacists (OSHP) for a discussion of items of mutual interest:

Ronald Mortus, David Kvancz, Jerry Siegel, Bob Parsons, Joanne Morgan, Alicia Miller, Martin Ohlinger, Susan Ward, and Brian O’Neal

2:20 p.m.

The meeting with the OSHP representatives ended.

2:30 p.m.

RES. 2000-119 After discussion with the members of the Board, Mr. Cavendish appointed the following individuals to the Ad Hoc Committee on Rule Review for this year:

Robert Wagonblott, Kent Zellner, William Armbrecht, Dale Bertke, Betty Gregg, Diane Gary, Karen Beard, Bob Parsons, and Kevin Hornbeck.

2:35 p.m.

Mr. Repke 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 Cavendish as follows: Abele-Yes, Adelman-Yes, Eastman-Yes, Kost-Yes, Littlejohn-Yes; Neuber-Yes, and Repke-Yes.

3:00 p.m.

RES. 2000-120 The Executive Session ended and the meeting was opened to the public. Mrs. Neuber moved that the Board deny the settlement offer received in the matter of Raleigh Smith. The motion was seconded by Mr. Repke and approved by the Board (Aye-7/Nay-0).

RES. 2000-121 Ms. Eastman then moved that, pursuant to Section 3719.121 of the Revised Code, the Board summarily suspend the license to practice pharmacy belonging to Michael Popovich, R.Ph. (03-1-06619) 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 Mr. Littlejohn and approved by the Board (Aye-7/Nay-0).

3:05 p.m.

Mr. Rowland reported to the Board on his research regarding the question of the inclusion in the Minutes of the names of Board members who make and second motions. He stated that his research verified the need to continue to put the names into the official minutes of the Board.

3:07 p.m.

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

PER DIEM 1/31 2/7 2/8 2/9 Total

Abele 1 1 1 1 4

Adelman - 1 1 1 3

Cavendish - 1 1 1 3

Eastman - 1 1 1 3

Giacalone - 1 1 - 2

Littlejohn - 1 1 1 3

Kost 1 1 1 1 4

Neuber - 1 1 1 3

Repke - 1 1 1 3

The motion was seconded by Mrs. Adelman and approved by the Board (Aye-7/Nay-0).

3:08 p.m.

Mr. Repke moved that the meeting be adjourned. The motion was seconded by Mrs. Adelman and approved (Aye-7/Nay-0).

/s/ Robert B. Cavendish /d/ March 7, 2000

Robert B. Cavendish, President Date

/s/ W T Winsley

William T. Winsley, Executive Director