Record of the Proceedings--April 3, 4, 5, 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

April 3, 4, 5, 2000

MONDAY, APRIL 3, 2000

8:15 a.m. ROLL CALL

The State Board of Pharmacy convened in Room 1948, 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.

8:20 a.m.

After a brief discussion regarding the schedule for reviewing and filing rules that the Board has followed for many years, the Board agreed that the normal public hearing on any rule changes or additions should be moved from the December meeting each year to the November meeting. This should avoid many of the problems that have occurred in the past at the end of the calendar year with the annual reorganization of the Joint Committee on Agency Rule Review (JCARR).

8:25 a.m.

The Board was joined by Charles Broussard of the Pharmacists Rehabilitation Organization (PRO) for a discussion about the new laboratory procedures that would soon be implemented by PRO. No formal action by the Board was required.

9:00 a.m.

RES. 2000-135 Mr. Benedict discussed the electronic prescription delivery policies of ProxyMed as they related to both CVS.com and Allscripts.com. The Board agreed that as long as there was a mechanism in place to protect the confidentiality of the patient records from unauthorized access, there did not appear to be any violations of pharmacy laws, rules, or regulations with this system.

9:20 a.m.

The Board took a brief recess.

9:35 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 Mrs. Adelman 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.

9:52 a.m.

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

RES. 2000-136 Ms. Abele then moved that, pursuant to Section 3719.121 of the Revised Code, the Board summarily suspend the license to practice pharmacy belonging to Joseph R. Tabler, R.Ph. (03-1-07832) 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. Giacalone and approved by the Board (Aye-7/Nay-0).

9:55 a.m.

RES. 2000-137 William McMillen, Licensing Administrator, joined the Board and presented a request for an exemption from Rule 4729-5-10 (Pick-up station) that had been received from Mount Auburn Health Center Pharmacy and its associated clinics. After discussion, Ms. Eastman moved that the Board approve the exemption request. The motion was seconded by Mr. Giacalone and approved by the Board (Aye-7/Nay-0).

RES. 2000-138 Mr. Winsley requested Board approval to renew the contract with the National Association of Boards of Pharmacy for the printing of the quarterly newsletter. Mrs. Adelman moved that the Board approve the continuation of this contract. The motion was seconded by Mr. Giacalone and approved by the Board (Aye-7/Nay-0).

10:00 a.m.

The Board took a brief recess.

10:16 a.m.

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

12:39 p.m.

Board member Amonte Littlejohn arrived and joined the meeting. Mr. Cavendish announced that Mr. Littlejohn would not participate in the hearing and he would not participate in the discussion or deliberations that followed.

1:12 p.m.

The hearing concluded and the record was closed. 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, Giacalone-Yes, Kost-Yes, Littlejohn-Yes, Neuber-Yes, and Repke-Yes.

1:17 p.m.

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

RES. 2000-139 Mr. Littlejohn then moved that, pursuant to Section 3719.121 of the Revised Code, the Board summarily suspend the license to practice pharmacy belonging to Katherine Blair, R.Ph. (03-2-16954) due to the fact that a continuation of her professional practice presents a danger of immediate and serious harm to others. The motion was seconded by Mrs. Adelman and approved by the Board (Aye-8/Nay-0).

1:18 p.m.

The Board recessed for lunch.

2:35 p.m.

The meeting resumed in Room 1948, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with all of the Board members present. 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 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. Littlejohn and a roll call vote was conducted by President Cavendish as follows: Abele-Yes, Adelman-Yes, Eastman-Yes, Giacalone-Yes, Kost-Yes, Littlejohn-Yes, Neuber-Yes, and Repke-Yes.

4:00 p.m.

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

RES. 2000-140 Mrs. Neuber moved that the Board deny the proposed settlement offer presented in the matter of James Bayless, R.Ph. and that the hearing be held as scheduled. The motion was seconded by Mr. Repke and approved by the Board (Aye-8/Nay-0).

RES. 2000-141 Ms. Eastman then moved that the Board approve a revised settlement offer with Newtown Fire and Rescue. The settlement will become official after it is signed by all parties. The motion was seconded by Mr. Giacalone and approved by the Board (Aye-8/Nay-0).

RES. 2000-142 Ms. Eastman moved that the Board deny the proposed settlement offer presented in the matter of Frank Lancz, R.Ph. and that the hearing be held as scheduled. The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).

RES. 2000-143 Mrs. Neuber moved that the Board deny the request for reconsideration of the Board Order issued in the matter of Gary Gerst effective November 15, 1999. The motion was seconded by Ms. Eastman and approved by the Board (Aye-8/Nay-0).

RES. 2000-144 Mrs. Neuber then moved that the Board issue the following Order in the matter of Charles R. Mohr:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-991228-039)

In The Matter Of:

CHARLES R. MOHR

6526 Burdett Road

Wadsworth, Ohio 44281

(D.O.B. 2/2/57)

INTRODUCTION

THE MATTER OF CHARLES R. MOHR CAME TO HEARING ON APRIL 3, 2000, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ROBERT B. CAVENDISH, R.Ph. (presiding); ANN D. ABELE, R.Ph.; DIANE C. ADELMAN, 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.

CHARLES R. MOHR WAS REPRESENTED BY TIMOTHY H. CHAMPION, AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

(A) Testimony

State's Witnesses:

(1) Joann Predina, Ohio State Board of Pharmacy

Respondent's Witnesses:

(1) Charles R. Mohr, Respondent

(2) Albert Weinstein, Pharmacists Rehabilitation Organization

(3) Kim Snodgrass, Alcoholics Anonymous Sponsor

(B) Exhibits

State's Exhibits:

(1) Exhibit 1--Copy of three-page Proposal to Deny Exam Application/Notice of Opportunity for a Hearing letter dated December 28, 1999.

(2) Exhibit 1A--Hearing Request letter dated January 6, 2000.

(3) Exhibit 1B--Copy of Hearing Schedule letter dated January 14, 2000.

(4) Exhibit 1C--Application for Examination as a Pharmacist of Charles R. Mohr signed and notarized on November 11, 1999.

(5) Exhibit 1D--Copy of Pharmacist File Front Sheet of Charles Richard Mohr showing original date of registration as March 1, 1984.

(6) Exhibit 1E--Copy of three-page Summary Suspension Order dated February 1, 1994.

(7) Exhibit 1F--Copy of two-page Addendum Notice dated April 5, 1994.

(8) Exhibit 2--Copy of Akron General Medical Center Discharge Summary of Charles Mohr for the period May 2, 1993, to May 8, 1993.

(9) Exhibit 2A--Copy of six-page Order of the State Board of Pharmacy, Docket No. D-940201-043, effective August 15, 1994.

(10) Exhibit 3--Copy of four-page Order of the State Board of Pharmacy, Docket No. D-970117-026, effective October 8, 1997.

(11) Exhibit 5--Seventeen-page transcript of interview with Charles Mohr dated July 13, 1993.

(12) Exhibit 6--Copy of four-page statement of Anthony Solaro, R.Ph. dated September 3, 1993; and Addendum #1 dated September 31, 1993.

(13) Exhibit 7--Copy of three-page statement of Rebecca Infantino, R.Ph. dated September 2, 1993.

(14) Exhibit 8--Statement of Donald Gale, R.Ph. dated September 2, 1993.

Respondent's Exhibits:

Spiral-bound folder with Table of Contents and tabbed dividers marked A through F containing the following:

(1) Exhibit A1--Copy of two-page Pharmacist's Recovery Contract for Charles R. Mohr dated January 9, 1997.

(2) Exhibit B1--Copy of letter from John M. Surso dated August 4, 1997.

(3) Exhibit B2--Copy of Drug Screen Collection Procedure signed by John M. Surso, M.D.

(4) Exhibits B2A through B53--Copies of Urine Drug Screen Reports of Charles R. Mohr for collection dates: March 6, 2000; February 22, 2000; January 25, 2000; December 16, 1999; November 11, 1999; October 27, 1999; September 28, 1999; September 10, 1999; August 27, 1999; July 26, 1999; June 30, 1999; May 25, 1999; April 20, 1999; March 26, 1999; February 16, 1999; January 27, 1999; December 31, 1998; November 12, 1998; October 26, 1998; September 23, 1998; August 4, 1998; July 17, 1998; June 29, 1998; May 27, 1998; April 28, 1998; March 25, 1998; February 26, 1998; January 28, 1998; December 19, 1997; November 17, 1997; October 16, 1997; September 26, 1997; July 22, 1997; May 27, 1997; March 13, 1997; January 27, 1997; December 5, 1996; October 15, 1996; September 17, 1996; August 29, 1996; June 25, 1996; May 25, 1996; February 28, 1996; November 27, 1995; September 27, 1995; August 28, 1995; July 1, 1995; May 1, 1995; March 20, 1995; February 13, 1995; December 16, 1994; November 30, 1994; and March 28, 1996.

(5) Exhibits C1 through C28--Copy of twenty-eight pages of Meeting Attendance Verification sheets with dates from June 1, 1994, through March 28, 2000.

(6) Exhibit D1--Copy of letter from John Bukovesky dated March 15, 2000.

(7) Exhibit D2--Copy of Earnings Statement of Charles R. Mohr at Inflatable Survival Systems, Inc. for the pay period ending March 15, 2000.

(8) Exhibit D3--Copy of letter from Robert C. Burns dated March 30, 2000.

(9) Exhibit D4--Copy of letter from David P. Tenley dated March 30, 2000.

(10) Exhibits D5 and D6--Copy of two-page letter from Kim K. Snodgrass dated August 14, 1997.

(11) Exhibit D7--Copy of unfinished letter not signed dated August 6, 1997.

(12) Exhibits D8 and D9--Copy of two-page letter from Rev. J. Norman Riley dated August 9, 1997.

(13) Exhibit D10--Copy of letter from Doug Potts dated August 10, 1997.

(14) Exhibit D11--Copy of letter from Albert Weinstein dated August 11, 1997.

(15) Exhibit D12--Copy of letter from Bernadette Skoula dated August 18, 1997.

(16) Exhibit D13--Copy of letter from Michael F. Cassidy not dated.

(17) Exhibit D14--Copy of letter from Dave Tenley dated August 23, 1997.

(18) Exhibit D15--Copy of letter from Theron R. Brayman dated August 22, 1997.

(19) Exhibit E1--Copy of letter from Charles R. Mohr dated June 30, 1993.

(20) Exhibit E2--Copy of receipts numbered 9058 and 9057 for Fine and Court Costs paid to Medina County Clerk of Courts, by Charles R. Mohr dated December 7, 1993.

(21) Exhibit E3--Copy of Judgment Entry in the Medina County Common Pleas Court, Case No. 93CR0308, State of Ohio vs. Charles R. Mohr, dated May 17, 1994.

(22) Exhibits E4, E5, and E6--Copy of three-page Journal Entry and Sealing Order in the Medina County Common Pleas Court, Case No. 93CR0308, State of Ohio vs. Charles Mohr, dated September 29, 1997.

(23) Exhibits F1 through F15--Fifteen pages of copies of continuing pharmacy education certificates of Charles R. Mohr for programs numbered and dated as follows: 036-106-99-004-L01 and 036-106-99-005-L03-J dated May 16, 1999; 751-000-99-010-L01 dated May 7, 1999; 129-000-97-003-H01 and 129-000-97-004-H01 dated March 11, 1999; 424-000-98-014-H01 dated January 20, 1999; 036-162-98-001-J dated March 8, 1998; 129-000-96-001-H01, 129-000-96-002-H01, 129-000-96-003-H01, 129-000-96-004-H01, 129-000-96-005-H01, 129-000-96-006-H01, 129-000-97-005-H01, 129-000-97-006-H01, and 129-000-97-007-H01 dated August 6, 1997; 129-000-96-007-H01, 129-000-96-008-H01, 129-000-96-009-H01, 129-000-96-010-H01, and 129-000-97-001-H01 dated August 11, 1997; 057-999-97-048-H04 dated October 1, 1997; 202-000-98-094-H01 dated September 1998; 810-000-96-001-L04 dated October 23, 1996; 802-000-95-010-L04 dated April 10, 1996; two numbered 129-000-96-047-L04 dated November 1, 1996; 692-424-94-019 dated April 3, 1995; Drug-Nutrient Interactions (program number illegible) dated April 3, 1995; 180-029-92-005 dated August 16, 1993; 189-761-92-009 dated July 19, 1993; and 680-026-91-032 dated June 1993.

FINDINGS OF FACT

After having heard the testimony, observed the demeanor of the witnesses, considered the evidence, and weighed the credibility of each, the State Board of Pharmacy finds the following to be fact:

(1) Records of the State Board of Pharmacy indicate that Charles R. Mohr submitted an application for examination as a pharmacist on or about December 23, 1999.

(2) Records further indicate that Charles R. Mohr was originally licensed to practice pharmacy in the state of Ohio on March 1, 1984. Charles R. Mohr’s license was summarily suspended on February 1, 1994. A hearing was held in accordance with Chapter 119. of the Ohio Revised Code on April 15, 1994, and reconvened on June 27, 1994.

(3) On or about August 15, 1994, the Board found the following to be fact:

(a) Charles R. Mohr was originally registered to practice pharmacy in the state of Ohio on March 1, 1984, pursuant to examination, and his pharmacist identification card was summarily suspended on February 1, 1994.

(b) Charles R. Mohr was, on or about November 12, 1993, convicted in the Common Pleas Court of Medina County, Ohio, of felony drug abuse offenses under Sections 2913.02 and 2925.22 of the Ohio Revised Code.

(c) Charles R. Mohr did, from January 1, 1993, to April 30, 1993, with the purpose to deprive, knowingly obtain or exert control over the property of another, LoMed, the property being dangerous drugs, to wit: during this time period Charles R. Mohr stole 1,660 tablets of Xanax 1mg. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(d) Charles R. Mohr was addicted to or abusing liquor or drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy, to wit: Charles R. Mohr admitted to having two previous problems with abuse of Xanax, in 1987, and again in 1989; he admitted to having a first and second relapse in his drug usage after drug treatment.

The Board concluded that Charles R. Mohr was guilty of a felony; guilty of dishonesty and unprofessional conduct in the practice of pharmacy; addicted to and abusing drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy; and guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapters 2925., 3719., or 4729. of the Revised Code within the meaning of Section 4729.16 of the Ohio Revised Code. The Board revoked Charles R. Mohr's license, No. 03-2-15404, to practice pharmacy in the state of Ohio.

(4) Records of the Board further indicate that Charles R. Mohr submitted an Application for Examination as a Pharmacist on or about October 15, 1996; and on or about October 8, 1997, for the reasons stated in paragraph (3) above, his application was denied.

CONCLUSIONS OF LAW

(1) Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraph (3)(b) of the Findings of Fact constitutes being guilty of a felony as provided in paragraph (A) of Rule 4729-5-04 of the Ohio Administrative Code.

(2) Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraph (3)(b) of the Findings of Fact constitutes having been convicted of violating state or federal pharmacy or drug laws as provided in paragraph (B) of Rule 4729-5-04 of the Ohio Administrative Code.

(3) Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraphs (3)(b) through (3)(d) of the Findings of Fact constitute not being of good moral character and habits as provided in paragraph (C) of Rule 4729-5-04 the Ohio Administrative Code.

(4) Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraph (3)(d) of the Findings of Fact constitutes being addicted to or abusing liquor or drugs as provided in paragraph (D) of Rule 4729-5-04 of the Ohio Administrative Code.

(5) Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraph (3) of the Findings of Fact constitutes having been disciplined by the Ohio State Board of Pharmacy pursuant to Section 4729.16 of the Revised Code as provided in paragraph (E) of Rule 4729-5-04 of the Ohio Administrative Code.

ACTION OF THE BOARD

Pursuant to Section 4729.08 of the Ohio Revised Code and Rule 4729-5-04 of the Ohio Administrative Code, and on the basis of the foregoing Findings of Fact and Conclusions of Law, the State Board of Pharmacy hereby denies the issuance of a certificate of registration or an identification card to practice pharmacy and, therefore, denies the Application for Examination as a Pharmacist submitted by Charles R. Mohr.

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

MOTION CARRIED.

SO ORDERED.

The motion was seconded by Ms. Abele and approved by the Board (Aye-4/Nay-3/Abstain-1[Littlejohn]).

4:30 p.m.

The Board meeting recessed until Tuesday, April 4, 2000.

TUESDAY, april 4, 2000

8:35 a.m. ROLL CALL

The State Board of Pharmacy convened in Room 1948, 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.; Amonte B. Littlejohn, R.Ph.; Suzanne L. Neuber, R.Ph.; and Nicholas R. Repke, Public Member.

8:37 a.m.

8:54 a.m.

RES. 2000-145 The Executive Session ended and the meeting was opened to the public. 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 Randolph Mosier, R.Ph. (03-1-20467) 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. Kost and approved by the Board (Aye-8/Nay-0).

RES. 2000-146 After a discussion of a request received from Walter Hubish regarding his Board Order, Mr. Benedict was instructed by the Board to inform Mr. Hubish that he must comply with his Board Order as it was written.

8:57 a.m.

The Board took a brief recess.

9:17 a.m.

10:50 a.m.

The hearing concluded and the record was closed.

11:08 a.m.

Mr. Benedict reported to the Board on discussions he had held with representatives from Ortho-McNeil regarding the use of coupons instead of drug samples for certain products. There was no formal action required by the Board on this matter.

11:18 a.m.

11:33 a.m.

RES. 2000-147 The Executive Session ended and the meeting was opened to the public. Mr. Littlejohn then moved that, pursuant to Section 3719.121 of the Revised Code, the Board summarily suspend the license to practice pharmacy belonging to Derek Duckworth, R.Ph. (03-2-10274) 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. Neuber and approved by the Board (Aye-8/Nay-0).

11:38 a.m.

RES. 2000-148 Mrs. Neuber then moved that the Board adopt the following Order in the matter of Robert Frank Tschinkel, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-991214-038)

In The Matter Of:

ROBERT FRANK TSCHINKEL, R.Ph.

2377 Hudson Aurora Road

Hudson, Ohio 44236

(R.Ph. No. 03-1-10969)

INTRODUCTION

THE MATTER OF ROBERT FRANK TSCHINKEL CAME FOR HEARING ON APRIL 4, 2000, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ROBERT B. CAVENDISH, R.Ph. (presiding); ANN D. ABELE, R.Ph.; DIANE C. ADELMAN, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; LAWRENCE J. KOST, R.Ph.; AMONTE B. LITTLEJOHN, R.Ph.; SUZANNE L. NEUBER, R.Ph.; AND NICHOLAS R. REPKE, PUBLIC MEMBER.

ROBERT FRANK TSCHINKEL WAS REPRESENTED BY ROBERT J. GARRITY, AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

(A) Testimony

State's Witnesses:

(1) James Reye, Ohio State Board of Pharmacy

Respondent's Witnesses:

(1) Robert Frank Tschinkel, Respondent

(2) David Merk, Pharmacists Rehabilitation Organization

(3) David W. Baker, Pharmacists Rehabilitation Organization

(B) Exhibits

State's Exhibits:

(1) Exhibit 1--Copy of four-page Summary Suspension Order/Notice of Opportunity for Hearing letter dated December 14, 1999.

(2) Exhibit 1A--Hearing Request letter dated January 3, 2000.

(3) Exhibit 1B--Copy of Hearing Schedule letter dated January 7, 2000.

(4) Exhibit 1C--Robert Frank Tschinkel Settlement Offer submitted by Robert J. Garrity, Esq., dated January 13, 2000.

(5) Exhibit 1D--Copy of Letter to Deny Settlement Offer dated February 7, 2000.

(6) Exhibit 1E--Copy of Pharmacist File Front Sheet of Robert Frank Tschinkel showing original date of registration as July 30, 1974; and two-page copy of Renewal Application for Pharmacist License, No. 03-1-10969, for a license to practice pharmacy from September 15, 1999, to September 15, 2000, of Robert Frank Tschinkel dated July 15, 1999.

(7) Exhibit 2--Copy of handwritten statement signed by Robert F. Tschinkel dated September 9, 1999.

(8) Exhibit 3--Copy of Employee Theft and Termination of Bob Tschinkel dated September 9, 1999.

(9) Exhibit 4--Two-page hand-written notes regarding Robert Frank Tschinkel dated December 3, 1999.

(10) Exhibit 5--Copy of Memorandum regarding missing drugs at Medic Discount #292 dated September 14, 1999.

(11) Exhibit 6--Copy of Bill of Information, State of Ohio vs. Robert F. Tschinkel, Case No. 388735, Cuyahoga County Common Pleas Court, dated March 23, 2000.

(12) Exhibit 7--Copy of Journal Entry, State of Ohio vs. Robert F. Tschinkel, Case No. CR 388735, Cuyahoga County Common Pleas Court, dated March 23, 2000.

Respondent's Exhibits:

Three-prong folder with Table of Contents page and tabbed dividers containing the following:

(1) Exhibit A--One-page copy of two Money Order Receipts numbered 747100894 and 7471008903, both dated March 22, 2000.

(2) Exhibit B--Copy of Bill of Information, State of Ohio vs. Robert F. Tschinkel, Case No. 388735, Cuyahoga County Common Pleas Court, dated March 23, 2000, and Waiver of Indictment with Counsel, State of Ohio vs. Robert F. Tschinkel, Case No. CR 388735, Cuyahoga County Common Pleas Court, not dated.

(3) Exhibit C--Copy of Glenbeigh Continuing Recovery Plan of Robert F. Tschinkel dated December 15, 1999; and copy of Glenbeigh Continuing Care Progress Report of Robert Tschinkel dated March 24, 2000.

(4) Exhibit D--Two-page copy of Pharmacist's Recovery Contract of Bob Tschinkel dated December 8, 1999 by sponsor Tim Moran; and two-page copy of Pharmacist's Recovery contract of Bob Tschinkel dated December 8, 1999 by sponsor Scott Jordan.

(5) Exhibit E--Copy of five pages of AA/NA Attendance Verification sheets of Robert F. Tschinkel dated November 10, 1999 through April 1, 2000.

(6) Exhibit F--Copy of four urine drug screen reports and observed urine sample verifications dated December 9, 1999; January 28, 2000; February 29, 2000; and March 22, 2000.

(7) Exhibit G--Copy of ten letters from: Scott Jordan dated April 3, 2000; anonymous author dated April 3, 2000; Michael Bukach dated April 2, 2000; Christine R. Spiroch dated April 1, 2000; Daniel H. Tedick dated March 29, 2000; Dennis and Patricia Macko not dated; Patty J. Baxter dated March 30, 2000; Todd R. Jaros dated March 26, 2000; S. M. Conroy dated April 2, 2000; Thomas F. Tschinkel dated April 1, 2000.

(8) Exhibit H--Copy of Resume of Robert F. Tschinkel; copy of Certificate of Appreciation from Downtown Golden Age Center dated March 1993; five pages consisting of copies of continuing pharmacy education certificates for programs numbered: 129-000-99-047-H03; 129-000-99-011-H01; 129-000-99-012-H01; 129-000-99-048-H03; 129-000-00-001-H01; 129-000-00-002-H01; 129-000-98-049-H03; 202-000-97-073-H01; 422-000-98-011-H01; 422-000-98-012-H01; 422-000-98-013-H01; 422-000-98-014-H01; 327-000-97-001-H04; 424-000-99-002-H03; 424-000-99-003-H01; 356-000-99-011-H01; 207-000-98-012-H01; 088-999-99-004-H01; and copy of Certificate of Attendance for Summit on Cholesterol and Coronary Disease dated September 2-3, 1999.

FINDINGS OF FACT

After having heard the testimony, observed the demeanor of the witnesses, considered the evidence, and weighed the credibility of each, the State Board of Pharmacy finds the following to be fact:

(1) Records of the State Board of Pharmacy indicate that Robert Frank Tschinkel was originally licensed in the state of Ohio on July 30, 1974, pursuant to examination. On December 14, 1999, Robert Frank Tschinkel’s license to practice pharmacy in the state of Ohio was suspended in accordance with Divisions (A) and (B) of Section 3719.121 of the Ohio Revised Code.

(2) Robert Frank Tschinkel 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: Robert Frank Tschinkel admitted stealing controlled substances from his employer, Medic Discount Drug #292, and he has practiced pharmacy while being impaired; Robert Frank Tschinkel admitted that he is “psychologically addicted” to the drugs he was stealing; and, he is currently involved in an outpatient drug treatment program. Such conduct indicates that Robert Frank Tschinkel falls within the ambit of Sections 3719.121(A), 3719.121(B), and 4729.16(A)(3) of the Ohio Revised Code.

(3) Robert Frank Tschinkel did, from on or about August 1, 1998, through September 8, 1999, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Medic Discount Drug #292, beyond the express or implied consent of the owner, to wit: by his own admission, throughout this time period, Robert Frank Tschinkel stole the following drugs:

Drug	Approximated Quantity
Hydrocodone 10mg/APAP 650mg	50
Alprazolam 1mg	560
Alprazolam .5mg	560
Vicodin ES (brand and generic)	50
Vicoprofen	200
Lorcet Plus tablets	50
Lorcet tablets	50
Fiorinal/Codeine #3	40
Fioricet/Codeine #3	30
Topicort Cream	1
Prenatal Vitamins	1
Amoxicillin 500mg	40
Atenolol	200

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

(4) Robert Frank Tschinkel did, from on or about January 1, 1999, through September 8, 1999, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Medic Discount Drug #292, beyond the express or implied consent of the owner, to wit: by his own admission, throughout this time period, Robert Frank Tschinkel stole the following drugs:

Drug

Approximated

Quantity

Fioricet (generic)

540

Fiorinal (generic)

540

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

(5) Robert Frank Tschinkel did, from on or about August 1, 1998, through September 8, 1999, with purpose to deprive, knowingly obtain or exert control over the property of Medic Discount Drug #292, beyond the express or implied consent of the owner, to wit: by his own admission, throughout this time period, Robert Frank Tschinkel stole an amount less than $500.00 worth of non-pharmaceutical items from the front-end of Medic Discount Drug #292. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

CONCLUSIONS OF LAW

(1) Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraphs (3) and (4) of the Findings of Fact constitute being guilty of a felony as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code.

(2) Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraphs (2) through (5) of the Findings of Fact constitute being guilty of dishonesty and unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code.

(3) Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraph (2) of the Findings of Fact constitutes being addicted to or abusing liquor or drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy as provided in Division (A)(3) of Section 4729.16 of the Ohio Revised Code.

(4) Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraph (2) of the Findings of Fact constitutes being guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapters 3719. and 4729. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

ACTION OF THE BOARD

Pursuant to Section 3719.121 of the Ohio Revised Code, the State Board of Pharmacy hereby removes the Summary Suspension Order issued December 14, 1999.

Pursuant to Section 4729.16 of the Ohio Revised Code, and on the basis of the Findings of Fact and Conclusions of Law set forth above, the State Board of Pharmacy hereby suspends indefinitely the pharmacist identification card, No. 03-1-10969, held by Robert Frank Tschinkel and such suspension is effective as of the date of the mailing of this Order.

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

(B) Robert Frank Tschinkel, pursuant to Section 48729.16(B) of the Ohio Revised Code, must return the identification card and wall certificate to the office of the State Board of Pharmacy within ten days after receipt of this Order. The identification card and wall certificate should be forwarded by certified mail, return receipt requested.

Further, on or after January 1, 2002, the Board will consider any petition filed by Robert Frank Tschinkel for a hearing, pursuant to Ohio Revised Code Chapter 119., for reinstatement. The Board will only consider reinstatement of the license to practice pharmacy in Ohio if the following conditions have been met:

(A) Robert Frank Tschinkel must obtain, within ninety days after the effective date of this Order, a full psychiatric or psychological evaluation, by a licensed psychiatrist or psychologist, that includes a recommended treatment plan. Robert Frank Tschinkel must abide by the treatment plan as designed by that psychiatrist or psychologist.

(B) Robert Frank Tschinkel must enter into a contract, signed within ninety 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. The contract must provide that:

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

(a) The urine sample must be given within twelve hours of notification. The urine 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 the test must be conducted by an appropriately certified individual within twelve hours of notification.

(c) Results of all drug and alcohol screens must be negative. Any positive results, including those which may have resulted from ingestion of food, but excluding false positives which resulted from medication legitimately prescribed, indicates a violation of the contract.

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

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

(1) Compliance with the licensed psychiatrist's or psychologist's recommended treatment plan.

(2) A report by the licensed psychiatrist or psychologist regarding Robert Frank Tschinkel's fitness for readmission into the practice of pharmacy.

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

(4) Compliance with the continuing pharmacy education requirements as set forth in Chapter 4729-7 of the Ohio Administrative Code.

(5) Compliance with the terms of this Order.

(D) The intervenor assigned to Robert Frank Tschinkel must appear and testify before the Board at the reinstatement petition hearing.

(E) If reinstatement is not accomplished within three years of the effective date of this Order, Robert Frank Tschinkel must show successful completion of the NAPLEX examination or an equivalent examination approved by the Board.

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

MOTION CARRIED.

SO ORDERED.

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

11:43 a.m.

The Board recessed for lunch.

1:00 p.m.

RES. 2000-149 All of the Board members convened in Room West B & C on the 31st floor of the 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. Following presentations by Board members and self-introductions by the candidates for licensure by reciprocity, Mrs. Adelman moved that the Board approve the following candidates for licensure. The motion was seconded by Mr. Littlejohn and approved by the Board (Aye-8/Nay-0).

MICHELLE ADINA DAGANI	CONNECTICUT
THOMAS PETER DROUGAS	MASSACHUSETTS
ANGELA LYNN ELVERS	TENNESSEE
MAURA GAYLE JOHNSON	INDIANA
TAMMY SUE JOHNSON	PENNSYLVANIA
DONNA MARIE LUTZ	PENNSYLVANIA
MARK EDWARD MAHONEY	MASSACHUSETTS
JOHANNA ELIZABETH QUINN	SOUTH CAROLINA
EDWARD THOMAS ROCERETA	PENNSYLVANIA
DAVID LEE TROSETH	MICHIGAN
STEVE WESLEY WILD	SOUTH CAROLINA
KARRIANN KYLE WOOD	KENTUCKY

1:40 p.m.

The Board reconvened in Room 1948 to continue with the Board meeting with all members present except Mr. Littlejohn and Mrs. Adelman. 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 Michael Popovich, R.Ph., Weirton, West Virginia.

1:51 p.m.

Mrs. Adelman and Mr. Littlejohn joined the meeting in progress. Mr. Cavendish announced that neither member would participate in the hearing nor would they participate in the discussion and deliberations that would follow.

3:10 p.m.

The hearing concluded and the record was closed.

3:18 p.m.

Mr. Benedict, Mr. Winsley, and the Board then discussed current and pending legislative issues. There were no issues requiring formal action by the Board.

3:50 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 Ms. Eastman and a roll call vote was conducted by President Cavendish as follows: Abele-Yes, Adelman-Yes, Eastman-Yes, Giacalone-Yes, Littlejohn-Yes, Neuber-Yes, Kost-Yes, and Repke-Yes.

4:12 p.m.

RES. 2000-150 The Executive Session ended and the meeting was opened to the public. Mr. Repke moved that the Board adopt the following Order in the matter of Michael Popovich, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-000210-045)

In The Matter Of:

MICHAEL POPOVICH, R.Ph.

119 Greenlawn Boulevard

Weirton, West Virginia 26062

(R.Ph. No. 03-1-06619)

INTRODUCTION

THE MATTER OF MICHAEL POPOVICH CAME FOR CONSIDERATION ON APRIL 4, 2000 BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ROBERT B. CAVENDISH, R.Ph. (presiding); 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.

MICHAEL POPOVICH 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

(A) Testimony

State's Witnesses:

(1) George Pavlich, Ohio State Board of Pharmacy

Respondent's Witnesses:

(1) None

(B) Exhibits

State's Exhibits:

(1) Exhibit 1--Copy of nine-page Summary Suspension Order/Notice of Opportunity for Hearing letter dated February 10, 2000.

(2) Exhibit 1A--Copy of Pharmacist File Front Sheet of Michael Popovich showing original date of registration as November 5, 1957.

(3) Exhibit 1B--Two-page copy of Renewal Application for Pharmacist License, No. 03-1-06619, for a license to practice pharmacy in Ohio from September 15, 1999, to September 15, 2000, of Michael Popovich dated July 6, 1999.

(4) Exhibit 1C--Copy of Renewal Application for DDD License, No. 02-0123650, for a Terminal Distributor of Dangerous Drugs license from January 1, 2000, to December 31, 2000, of Mikes Rexall Pharmacy signed by Michael Popovich on September 12, 1999.

(5) Exhibit 1D--Copy of Renewal Application for DDD License, No. 02-0123650, for a Terminal Distributor of Dangerous Drugs license from January 1, 2000, to December 31, 2000, of Mikes Rexall Pharmacy signed by Michael Popovich on September 12, 1999.

(6) Exhibit 1E--Copy of Terminal Distributor Notification of Change of Responsible Person form of Mike’s Rexall Pharmacy, Terminal Distributor No. 02-0123650, showing Justin A. Scarpone as responsible person, effective March 6, 2000; and, copy of Written Notice of Discontinuing Business form of Mikes Rexall Pharmacy, Terminal Distributor No. 02-0123650, showing date of discontinuation as March 31, 2000.

(7) Exhibit 2--Two-page copy of Dangerous Drug Distributor, No. 02-0123650, licensing information report dated March 12, 1998; copy of Listing of Pharmacists/Interns employed at Specific Site: 02-0123650, report dated March 12, 1998; copies of nine pages of Dangerous Drug Distributor Inspection Reports for Mikes Rexall Pharmacy dated March 22, 1982; March 28, 1983; August 8, 1984; August 17, 1989; three pages dated December 12, 1991; November 2, 1992; and two pages dated May 3, 1994; and copy of letter from Michael Popovich dated May 18, 1994.

(8) Exhibit 3--Prescription vial with Mike’s Pharmacy label containing 24 sample tablets of Monopril 10mg with the word “Sample” crudely scraped off the tablets; prescription vial containing 94 sample tablets of Monopril 10mg with the word “Sample” crudely scraped off the tablets; and prescription vial containing small piece of paper labeled “Soma Compound” and 80 sample tablets of Soma Compound 200/325 with the word “Sample” crudely scraped off the tablets.

(9) Exhibit 4--Two starter sample vials of SYN-Rx DM tablets with physician label.

(10) Exhibit 5--Copy of six-page Dangerous Drug Distributor Inspection Report of Mikes Rexall Pharmacy, Terminal Distributor No. 02-0123650, dated March 30, 1998.

(11) Exhibit 6--Copy of six-page list of adulterated drugs, sample drugs, and outdated drugs removed from Mike’s Pharmacy, Case No. 98-1192.

(12) Exhibit 7--Copy of fourteen-page Dangerous Drug Distributor Inspection Report of Mikes Rexall Pharmacy, Terminal Distributor No. 02-0123650, dated April 1, 1998.

(13) Exhibit 8--Copy of twelve-page response to the “Pink Sheet” violations recorded on the April 1, 1998, Dangerous Drug Distributor Inspection Report of Mikes Rexall Pharmacy signed by Michael Popovich and Nick Strovilas on April 1, 1998.

(14) Exhibit 9--Twenty-page copy of Ohio State Board of Pharmacy Report of Investigation regarding the Statement of Michael Popovich, signed and notarized on November 15, 1999.

(15) Exhibit 10-Five-page copy of Ohio State Board of Pharmacy Report of Investigation, Statement of Dr. James Gesler signed and notarized on May 4, 1998.

(16) Exhibit 11--Copies of two pages of patient profile records of Richard Shimmel dated from January 18, 1996, through February 1, 1998; and, copies of the following prescriptions 380208, 379409, 382985, 382842, 379962, 379665, 384247, 380207, 382938, 383018, 378928, 379591, 379636, and 378650.

(17) Exhibit 12--Three-page copy of Ohio State Board of Pharmacy Report of Investigation, Case No. 98-1192, Statement of Richard Shimmel, signed and notarized on November 15, 1999.

(18) Exhibit 13--Copies of five pages of patient profile records of Robert Swiger dated from January 11, 1996, through March 23, 1998.

(19) Exhibit 14--Copy of five spreadsheets regarding Robert D. Swiger, Case No. 98-1429, dated October 22, 1998.

(20) Exhibit 15--Copy of two-page Ohio State Board of Pharmacy Report of Investigation, Case No. 98-1192, by Agent David Gallagher dated April 8, 1998.

(21) Exhibit 16--Copies of twenty-seven Accountability Statements of Mikes Rexall Pharmacy, Terminal Distributor No. 02-0123650, dated for the audit period of April 30, 1996, through March 30, 1998, dated January 10, 1999, for the following drugs: Ultram 50mg; Soma-Carisoprodol; Oxycontin 40mg; Oxycontin 20mg; Oxycontin 10mg; Tylox and Roxilox 5/500; Percodan and Oxycodone/APAP; Percocet, Roxicet, and Oxycodone /APAP; Valium 10mg (Diazepam); Valium 5mg (Diazepam); Valium 2mg (Diazepam); Ativan 2mg (Lorazepam); Ativan 1mg (Lorazepam); Ativan .5mg (Lorazepam); Xanax 1mg (Alprazolam); Xanax 0.5mg (Alprazolam); Xanax 0.25mg (Alprazolam); Lorcet 10/650 (Hydrocodone Bitartrate); Lorcet Plus 7.5/650 (Hydrocodone Bitartrate/APAP); Lortab 7.5/500 (Hydrocodone Bitartrate); Vicodin ES 7.5/700 (Hydrocodone Bitartrate); MS Contin 15mg (Morphine Sulfate); MS Contin 30mg (Morphine Sulfate); Ritalin 10mg (Methylphenidate); Ritalin SR 20mg (Methylphenidate); Vicodin and Lortab 5/500 (Hydrocodone Bitartrate) and Darvocet N/100 (Propoxyphene Napsylate).

(22) Exhibit 17--Copies of eighteen prescriptions numbered as follows: 382955, 381877, 381876, 384889, 378826, 379185, 385222, 383877, 384255, 381870, 380578, 373717, 376979, 378129, 378864, 379961, 38 992, and 382349.

(23) Exhibit 18--Copies of eleven pages of Lathem family profiles: Charles, Deidra, and Sequoia dated from January 4, 1996, through March 23, 1998.

(24) Exhibit 19--Copies of nineteen prescriptions numbered as follows: 382290, 379322, 379119, 383711, 384377, 384884, 384885, 383710, 383890, 384535, 381047, 381869, 376653, 375422, 378397, 378822, 378543, 378823, and 379120.

(25) Exhibit 20--Copy of thirty-four-page Ohio State Board of Pharmacy Report of Investigation, Case No. 98-1192, Statement of Nick Strovilas, R.Ph. signed and notarized December 6, 1999.

(26) Exhibit 21--Copy of nine-page Ohio State Board of Pharmacy Report of Investigation, Case No. 98-1192, Statement of Crist Strovilas, M.D. signed and notarized on December 6, 1999.

(27) Exhibit 22--Copy of eleven-page Ohio State Board of Pharmacy Report of Investigation, Case No. 98-1192, Statement of Robert Swiger, Sr. signed and notarized on December 22, 1999.

(28) Exhibit 23--Copy of two-page statement of Thomas Harper, M.D. signed and notarized on January 10, 2000, with the following attachments: copy of four pages of medical records of Robert Swiger dated from November 5, 1999, through January 10, 2000, and copy of patient profile for the family of Robert Swiger: Robert, Lisa, Kathryn and Robert Jr. dated from October 4, 1999, through December 28, 1999.

(29) Exhibit 24--Copy of Dangerous Drug Distributor Inspection Report of Mike’s Pharmacy, Terminal Distributor No. 02-0123650, dated January 11, 2000, with attached copy of blank Mike’s Pharmacy prescription label, and prescription vial No. 390923.

(30) Exhibit 25--Copy of seven-page, nineteen-count Indictment, in the Jefferson County Court of Common Pleas, State of Ohio vs. Michael Popovich, Case No. 00-CR-16, dated February 2, 2000.

Respondent's Exhibits:

(1) 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 February 10, 2000, Michael Popovich 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 of February 12, 2000, Michael Popovich received the letter of February 10, 2000, informing him of the allegations against him, and his rights.

(3) Michael Popovich has not responded in any manner to the letter of February 10, 2000, and has not requested a hearing in this matter.

(4) Records of the State Board of Pharmacy indicate that Michael Popovich was originally licensed in the state of Ohio on November 5, 1957, pursuant to examination. On February 10, 2000, Michael Popovich’s license to practice pharmacy in the state of Ohio was suspended in accordance with Section 3719.121(B) of the Ohio Revised Code. Further, during the relevant time periods stated herein, Michael Popovich was the Responsible Pharmacist at Mike’s Rexall Pharmacy in Toronto, Ohio, pursuant to Sections 4729.27 and 4729.55 of the Ohio Revised Code and Rule 4729-5-11 of the Ohio Administrative Code.

(5) Michael Popovich did, from on or about January 1, 1996, through June 17, 1997, knowingly obtain, possess, or use a controlled substance in an amount exceeding five times the bulk amount, but not exceeding fifty times the bulk amount when the conduct was not in accordance with Chapters 3719. and 4729. of the Ohio Revised Code, to wit: Michael Popovich advised agents of the Board that, approximately one and one-half years prior to June 17, 1997, he abused Hydrocodone Bitartrate 5/500 at the rate of 5-6 days per week, 2-3 times per day. Such conduct is in violation of Section 2925.11(A) of the Ohio Revised Code.

(6) Michael Popovich did, on or about November 5, 1999, knowingly sell or offer to sell a controlled substance in an amount exceeding five times the bulk amount, but does not exceed fifty times the bulk amount, when the conduct was not in accordance with Chapters 3719. and 4729. of the Ohio Revised Code, to wit: Michael Popovich sold 70 unit doses of Oxycontin 20mg to a patient pursuant to prescription number 390923 when he knew that the quantity had been changed from 20 unit doses to 70 unit doses. Such conduct is in violation of Section 2925.03(A) of the Ohio Revised Code.

(7) Michael Popovich did, on or about November 5, 1999, knowingly make or affix a false or forged label to a package or receptacle containing a dangerous drug when the conduct was not in accordance with Chapters 3719. and 4729. of the Ohio Revised Code, to wit: Michael Popovich attached a false label to the vial and dispensed 70 unit doses of Oxycontin 20mg to a patient pursuant to false and forged prescription number 390923. Such conduct is in violation of Section 2925.23(D) of the Ohio Revised Code.

(8) Michael Popovich did, on or about November 5, 1999, knowingly make a false statement in a prescription, order, report, or record required by Chapter 3719. or 4729. of the Revised Code, to wit: when dispensing prescription number 390923, Michael Popovich omitted the information in the patient’s profile when it was required to be included therein. Such conduct is in violation of Section 2925.23(A) of the Ohio Revised Code.

(9) Michael Popovich did, on or about November 5, 1999, knowing that an official proceeding or investigation was in progress or was about to or likely to be instituted, make, present, or use any record, document, or thing, knowing it to be false and with purpose to mislead a public official who was engaged in such proceeding or investigation, with purpose to corrupt the outcome of any such proceeding or investigation, to wit: Michael Popovich dispensed 70 unit doses of Oxycontin 20mg to a patient pursuant to false and forged prescription number 390923 and discarded the original prescription. Such conduct is in violation of Section 2921.12(A)(2) of the Ohio Revised Code.

(10) Michael Popovich did, from on or about April 30, 1996, through November 30, 1999, being employed by, or associated with, any enterprise and conducted or participated in, directly or indirectly, the affairs of the enterprise through a pattern of corrupt activity or the collection of an unlawful debt when the conduct was not in accordance with Chapters 3719. and 4729. of the Ohio Revised Code, to wit: Michael Popovich engaged in a pattern of corrupt criminal activity by continuously committing felony drug crimes. Such conduct is in violation of Section 2923.32(A)(1) of the Ohio Revised Code.

(11) Michael Popovich did, from on or about April 30, 1996, through November 30, 1999, knowingly attempt to furnish another a sample drug, to wit: the following drug samples were removed from Mikes Rexall Pharmacy prior to being dispensed to patients:

CONTENTS OF EVIDENCE BOX #2:

Sample Drug/Strength/Form	Type of container	Qty found in the vial	Qty noted on the vial
Altace cap	mfg. pkg.	191	192
Altace cap	mfg. pkg.	175	176
Amaryl 2mg	mfg. pkg.	49	48
Amaryl 4mg	mfg. pkg.	47	48
Capozide 25mg	mfg. pkg.	266	270
Capozide tab	mfg. pkg.	106	72
Corgard	mfg. pkg.	95	112
Corzide 5mg tablet	vial	305	no #
Covera HS tab	vial	100	180
Covera HS tab 240mg	mfg. pkg.	75	75
Diovan 80mg	mfg. pkg.	107	108
Lotensin 10mg	mfg. pkg.	416	70
Lotrel 10/2.5 cap	mfg. pkg.	95	no #
Monopril 10mg tab	vial	126	no #
Monopril 10mg tab	mfg. pkg.	236	105
Monopril tablet	mfg. vial	670	no #
Mykrox tablet	vial	60	60
Nizoral tablet	vial	34	20
Pravachol tab	mfg. pkg.	44	4
Rynatan tab	vial	66	88
Rynatan tab	vial	60	108
Rynatuss tab	vial	8	8
Serzone tablets	vial	27	no #
Serzone tablets	mfg. pkg.	178	167
Suprax 400mg tab	mfg. pkg.	25	no #
Suprax 400mg tab	vial	36	36
Suprax tab	vial	18	25
Synthroid tabs	vial	32	no #
Synthroid 175mg	mfg. pkg.	42	42
Tegretol 200mg tab	mfg. pkg.	95	8
Trandate 200mg tabs (split in half)	vial	30	no #
Vaseretic 10/25 tabs	mfg. pkg.	113	4
Vaseretic 5/12.5 tabs	mfg. pkg.	111	4
Verelan 180mg cap	mfg. pkg.	105	no #
Verelan 360mg caps	vial	50	no #
Verelan 120mg tab	mfg. pkg.	19	20
Zocor 40mg tablet	vial	113	112
Zoloft tab	mfg. pkg.	164	168

CONTENTS OF EVIDENCE BOX #3:

Sample Drug/Strength/Form	Type of container	Qty found in the vial	Qty noted on the vial
Anaprox DS tabs	mfg. bottle	170	no #
Avapro 150mg	vial	91	91
Coreg 6.25	vial	140	140
Duratus G 1200mg	vial	25	50
Effexor 75mg	vial	12	12
Effexor 37.5 tabs	vial	120	120
Fosamox 10mg tab	vial	18	18
Fosamox 5mg tab	vial	35	36
Fumadine tabs	vial	29	30
Lodine 500mg tabs	mfg. bottle	78	108
Lotrel 5/20 cap	vial	48	48
Lotrel 2.5/10	vial	95	96
Mavik 1mg tabs	vial	97	91
Mavik 1mg tabs	vial	420	420
Microzide 12.5mg caps	vial	56	56
Microzide 12.5mg caps	vial	220	240
Nu-Iron tabs	vial	11	11
Slow Fe tabs	vial	120	no #
Tarka 1mg/240 tab	vial	35	35
Tarka 2/180 tab	vial	105	105
Tarka 2/240 tab	vial	70	70
Tarka 2/240 tab	vial	35	35
Tarka 4/240	vial	35	35
Tarka 4/240	vial	69	70
Tiazac 360mg caps	vial	34	35
Tritec 400mg	vial	139	140
Valtrex 500mg tab	vial	65	61

CONTENTS OF EVIDENCE BOX #4:

Sample Drug/Strength/Form	Type of container	Qty found in the vial	Qty noted on the vial
Anatuss LA tabs	mfg. bottle	232	221
Covera HS 180mg tabs	mfg. bottle	174	175
Duratuss 1200mg	mfg. bottle	50	54
Lodine 500mg	mfg. bottle	252	230
Phrenilin 50mg	mfg. bottle	166	168
Phrenilin Forte 50mg caps	vial	54	54
Precose 50mg	mfg. bottle	374	470
Sedapap 50/650	mfg. bottle	99	236
Semprex caps	mfg. bottle	239	348
Valtrex 500mg	mfg. bottle	156	156
Zephrex LA tabs	mfg. bottle	76	96
Zyflo 600mg	mfg. bottle	95	96

CONTENTS OF EVIDENCE BOX #7:

Sample Drug/Strength/Form	Type of container	Qty found in the vial	Qty noted on the vial
Cardizem 240mg CD tabs	vial	56	no #
EC -Naprosyn 500mg tab	vial	59	no #
EC-Naprosyn 375mg tabs	vial	69	70
Lorabid 200mg caps	vial	6	72
Lorabid 200mg caps	vial	60	60
Lorabid 400mg caps	vial	20	20
Lotensin 10mg tabs	mfg. vial	180	100
Lotrel 5/10 (sample handwritten on the label)	vial	45	48
Paxil 30mg tabs	vial	30	no #
Precose 50mg tabs	mfg. vial	204	100
Prilosec 10mg caps	vial	44	70
Prozac 30mg caps	vial	52	no #
Prozac 20mg caps	mfg. vial	129	100
Prozac 20mg caps	mfg. vial	79	30
Prozac 20mg caps	mfg. vial	143	100
Prozac 30mg caps	vial	80	no #
Seldane 60mg tabs	mfg. vial	157	100
Syn-Rx DM tabs (two vials banded together with sample packet)	vials / pkt	78

CONTENTS OF EVIDENCE BOX #9:

Sample Drug/Strength/Form	Type of container	Qty found in the vial	Qty noted on the vial
Arthrotec 75mg tabs (with patient name John Smuda)	vial	11	14
Cefzil 500mg	vial	14	24
Cipro 750 tabs	vial	3	no #
Cipro Cystitis 100mg tabs	vial	18	18
Cystospaz .375 caps	sample vial	21	12
Deconsal Sprinkle cap	sample vial	25	4
Dulcolax 5mg tab	sample vial	17	5
Famvir 125mg tabs	vial	127	95
Famvir 250mg tab	vial	15	15
Generic Elavil 100mg	vial	183	no #
Hemaspan tab	vial	24	24
Lamisil Tabs	vial	12	12
Levaquin 250mg tab	vial	14	12
Maxaquin 400mg tabs	vial	8	8
Mevacor 10mg	vial	96	96
Naprosyn 375mg tabs	vial	5	20
Normodyne 100mg tabs	mfg. vial	194	100
Pink Gray capsule (Unknown)	vial	44	no #
Posicor 100mg tab	vial	28	28
Posicor 50mg tab	vial	28	no #
Posicor 50mg tab	vial	139	140
Premphase .625 mg/5 mg	vial	140	140
Prozac 10 mg caps	vial	7	no #
Seldane tablets (National Rx vial with label for William Apesos)	patient vial	38	60
Synthroid 112mg tabs	vial	42	42
Synthroid tab	vial	42	42
Theo 400mg	vial	18	no #
Tolectin 600mg	sample vial	42	6
Toprol XL 200mg tab	sample vial	26	7
Uni-Dur 400mg tabs (in a 600mg sample bottle)	sample vial	21	7
Uro-Mag caps	sample vial	119	60
Ziac 10 / 6.25mg tabs	vial	5	no #
Zocor 40mg	vial	86	136
Zocor 5mg tabs	sample vial	8	4
Zoloft 50mg tabs	mfg vial	301	100
Zoloft 50mg tabs	vial	278	no #
Zovirax 400mg	vial	10	10

CONTENTS OF EVIDENCE BOX #11:

Sample Drug/Strength/Form	Type of container	Qty found in the vial	Qty noted on the vial
Axocet	mfg. vial	66	72
Covera HS 240mg tab	mfg. vial	198	200
EC Naprosyn 500mg	mfg. vial	90	160
Lotrel 2.5mg	vial	48	48
Midrin 65/100/325	vial	60	no #
Naprelan 500mg tabs	mfg. vial	169	216
Pink Tab P/F no label on vial	mfg. vial	269	no #
Pink Tab P/F no label on vial	mfg. vial	261	no #
Premphase .625	vial	42	42
Premphase .625	vial	42	42
Sporonax	mfg. vial	61	no #
Sular 20mg	mfg. vial	185	416
Sular 20mg	mfg. vial	151	252
Tarka 1/240	mfg. vial	104	70
Theo 24 200mg caps	mfg. vial	203	223
Tiazac 180mg caps	mfg. vial	247	379
Tiazac 300mg caps	mfg. vial	135	285
Trinalin 3.72 tabs	mfg. vial	668	no #
Trinalin 3.72 tabs	mfg. vial	140	no #
Uniphyl 600mg	Smuckers Jar	298	298
Univasc 15mg ( pills are split in the bottle )	vial	29	no #
Univasc 15mg ( pills are split in the bottle )	vial	32	no #
Univasc 15mg tabs	mfg. vial	708	770
Zyflo 600mg	mfg. vial	64	64

Such conduct is in violation of Section 2923.02 of the Ohio Revised Code as it relates to Section 2925.36 of the Ohio Revised Code.

(12) Michael Popovich did, on or about April 30, 1996, through November 5, 1999, adulterate, mutilate, destroy, obliterate, or remove the whole or any part of the labeling of a drug, while the article was held for sale, resulting in the article being misbranded, to wit: agents of the Board discovered that the word “sample” was crudely scraped off medications in an attempt to alter their distribution appearance prior to sale; the following is implicative of Michael Popovich’s conduct:

Drug	Quantity
Monopril 10mg	24
Monopril 10mg	94
Soma Compound 200/325	80

Such conduct is in violation of Section 3715.52(A) of the Ohio Revised Code.

CONCLUSIONS OF LAW

(1) Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraphs (5) through (11) of the Findings of Fact constitute being guilty of a felony as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code.

(2) Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraphs (5) through (12) of the Findings of Fact constitute being guilty of dishonesty and unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code.

(3) Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraph (5) of the Findings of Fact constitutes being addicted to or abusing liquor or drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy as provided in Division (A)(3) of Section 4729.16 of the Ohio Revised Code.

(4) Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraphs (5) through (8), (11), and (12) 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 Sections 3715.52 to 3715.72 or Chapter 2925. or 3719. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

ACTION OF THE BOARD

Pursuant to Section 3719.121 of the Ohio Revised Code, the State Board of Pharmacy hereby removes the Summary Suspension Order issued to Michael Popovich.

Pursuant to Section 4729.16 of the Ohio Revised Code, the State Board of Pharmacy takes the following actions in the matter of Michael Popovich:

(A) On the basis of the Findings of Fact and paragraph (1) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes the pharmacist identification card, No. 03-1-06619, held by Michael Popovich effective as of the date of the mailing of this Order.

(B) On the basis of the Findings of Fact and paragraph (2) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes the pharmacist identification card, No. 03-1-06619, held by Michael Popovich effective as of the date of the mailing of this Order.

(C) On the basis of the Findings of Fact and paragraph (3) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes the pharmacist identification card, No. 03-1-06619, held by Michael Popovich effective as of the date of the mailing of this Order.

(D) On the basis of the Findings of Fact and paragraph (4) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes the pharmacist identification card, No. 03-1-06619, held by Michael Popovich effective as of the date of the mailing of this Order.

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

MOTION CARRIED.

SO ORDERED.

The motion was seconded by Ms. Eastman and approved by the Board (Aye-6/Nay-0/Abstain-2[Adelman, Littlejohn]).

4:20 p.m.

RES. 2000-151 The Board then discussed a proposal to use bar code technology in the dispensing procedures from Omnicare. After discussion, Ms. Eastman moved that the Board approve the procedure and the use of the bar code technology as outlined as long as the procedure used also includes a method of meeting the requirements for positive identification and the use of an exception report for error tracking. The motion was seconded by Mr. Giacalone and approved (Aye-7/Nay-0/Abstain-1[Neuber]).

Ms. Abele reported that the Nursing Formulary Committee had not met since the last Board meeting, but was to meet next week.

Mr. Benedict gave a report on the activities of the Medical Board’s Prescribing Committee.

4:45 p.m.

The Board meeting recessed until Wednesday, April 5, 2000.

wednESDAY, april 5, 2000

8:40 a.m. ROLL CALL

The State Board of Pharmacy convened in Room 1948, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with the following members present:

8:57 a.m.

After discussion of the proposed Minutes from the March 6, 7, 2000 meeting, Ms. Abele moved that they be approved as amended. The motion was seconded by Ms. Eastman and approved (Aye-6/Nay-0/Abstain-1[Neuber]).

9:15 a.m.

11:00 a.m.

The hearing was recessed for lunch.

12:45 p.m.

The hearing in the matter of Frank Lancz, R.Ph. resumed.

1:37 p.m.

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

1:45 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 Mr. Kost 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.

2:07 p.m.

RES. 2000-152 The Executive Session ended and the Board meeting resumed in Public Session. Ms. Eastman moved that the Board adopt the following Order in the matter of Frank Lancz, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-000121-041)

In The Matter Of:

FRANK LANCZ, R.Ph.

629 Regina Parkway

Toledo, Ohio 43612

(R.Ph. No. 03-3-12072)

INTRODUCTION

THE MATTER OF FRANK LANCZ CAME TO HEARING ON APRIL 5, 2000, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ROBERT B. CAVENDISH, R.Ph. (presiding); ANN D. ABELE, R.Ph.; DIANE C. ADELMAN, 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.

FRANK LANCZ WAS REPRESENTED BY ROBERT D. NOBLE, AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

(A) Testimony

State's Witnesses:

(1) Dale R. Fritz, Ohio State Board of Pharmacy

Respondent's Witnesses:

(1) Frank Lancz, Respondent

(B) Exhibits

State's Exhibits:

(1) Exhibit 1--Copy of ten-page Notice of Opportunity for Hearing dated January 21, 2000.

(2) Exhibit 1A--Letter from Robert D. Noble dated January 12, 2000.

(3) Exhibit 1B--Hearing Request letter dated January 24, 2000.

(4) Exhibit 1C--Copy of Hearing Schedule letter dated January 28, 2000.

(5) Exhibit 1D--Copy of Pharmacist File Front Sheet of Frank Lancz showing original date of registration as March 29, 1977; and two-page copy of Renewal Application For Pharmacist License, No. 03-3-12072, of Frank Lancz dated July 28, 1999.

(6) Exhibit 2--Prescription order for Ronald Pawlowicz dated June 13, 1997, with attached prescription tag no. 4062183 dated June 13, 1997.

(7) Exhibit 3--Handwritten telephone prescription order for Ron Pawlowicz dated August 11, 1997, with attached prescription tag no. 4063403 dated August 11, 1997.

(8) Exhibit 4--Handwritten telephone prescription order for Ronald Pawlowicz, not dated, with attached prescription tag no. 4063510 dated August 18, 1997.

(9) Exhibit 5--Handwritten telephone prescription order for R. Pawlowicz, not dated, with attached prescription tag no. 6411689 dated February 19, 1998.

(10) Exhibit 6--Handwritten telephone prescription order for Ron Pawlowicz dated April 8, 1998, with attached prescription tag no. 6416142 dated April 8, 1998.

(11) Exhibit 7--Handwritten telephone prescription order for Ron Pawlowicz dated November 27, 1998, with attached prescription tag no. 4069843 dated November 27, 1998.

(12) Exhibit 8--Handwritten telephone prescription order for Ron Pawlowicz dated December 29, 1998, with attached prescription tag no. 4070249 dated December 29, 1998.

(13) Exhibit 9--Copy of two-page Cub Pharmacy #619 Medical Expenses report, dated November 23, 1999, of Ronald Pawlowicz for the period from July 28, 1997, to November 23, 1999 showing R.Ph. Mark Everett; and copy of Cub Pharmacy #619 Medical Expenses report, not dated, of Ronald Pawlowicz for the period to July 19, 1999, with no from date, showing R.Ph. Frank Lancz.

(14) Exhibit 10--Two-page handwritten statement of Frank Lancz dated July 20, 1999.

(15) Exhibit 11--Handwritten telephone prescription order for Ron Pawlowicz dated March 12, 1999, with attached prescription tag no. 4071296 dated March 12, 1999.

(16) Exhibit 12--Handwritten telephone prescription order for R. Pawlowicz, not dated, with attached prescription tag no. 6396585 dated September 17, 1997.

(17) Exhibit 13--Handwritten telephone prescription order for an unknown patient dated October 29, 1999, with attached prescription tag no. 6400640 dated October 29, 1997 for Ronald Pawlowicz.

(18) Exhibit 14--Handwritten telephone prescription order for Ron Pawlowicz dated December 4, 1998, with attached prescription tag no. 6436445 dated December 4, 1998.

(19) Exhibit 15--Handwritten telephone prescription order for Ron Pawlowicz dated February 4, 1999, with attached prescription tag no. 6441732 dated February 4, 1999, and attached prescription tag no. 6441733 dated February 4, 1999.

(20) Exhibit 16--Handwritten telephone prescription order for R. Pawlowicz, not dated, with attached prescription tag no. 6455509 dated July 18, 1999.

(21) Exhibit 17--Handwritten prescription order for Ron Pawlowicz dated November 6, 1997, with attached prescription tag no. 4064669 dated November 6, 1997.

(22) Exhibit 18--Handwritten prescription order for Ronald Pawlowicz dated December 21, 1997, with attached prescription tag no. 4065298 dated December 22, 1997.

(23) Exhibit 19--Handwritten statement of James A. Clouse dated July 26, 1999.

(24) Exhibit 20--Handwritten prescription order for James Clouse, not dated, with attached prescription tag no. 2010874 dated March 30, 1999.

(25) Exhibit 21--Handwritten prescription order for James Clouse dated March 29, 1999, with attached prescription tag no. 2010875 dated March 30, 1999.

(26) Exhibit 22--Handwritten prescription order for James Clouse dated March 29, 1999, with attached prescription tag no. 2010876 dated March 30, 1999.

(27) Exhibit 23--Handwritten prescription order for James Clouse dated April 10, 1999, with attached prescription tag no. 2010904 dated April 11, 1999.

(28) Exhibit 24--Handwritten prescription order for James Clouse dated April 10, 1999, with attached prescription tag no. 2010905 dated April 11, 1999.

(29) Exhibit 25--Handwritten prescription order for James Clouse dated April 16, 1999, with attached prescription tag no. 2010932 dated April 20, 1999.

(30) Exhibit 26--Handwritten prescription order for James Clouse dated April 19, 1999, with attached prescription tag no. 2010933 dated April 20, 1999.

(31) Exhibit 27--Handwritten prescription order for James Clouse dated April 30, 1999, with attached prescription tag no. 2010980 dated May 3, 1999.

(32) Exhibit 28--Handwritten prescription order for James Clouse dated May 14, 1999, with attached prescription tag no. 2011018 dated May 16, 1999.

(33) Exhibit 29--Handwritten prescription order for James Clouse dated July 3, 1999, with attached prescription tag no. 2011147 dated July 5, 1999.

(34) Exhibit 30--Copy of Cub Pharmacy #619 Medical Expenses report, dated November 23, 1999, of James Clouse for the period from March 30, 1999, to November 23, 1999, showing R.Ph. Mark Everett.

(35) Exhibit 31--Consultation/Third Party Signature Log dated July 6, 1999.

(36) Exhibit 32--Consultation/Third Party Signature Log dated April 2, 1999.

(37) Exhibit 33--Handwritten prescription order for Ronald Pawlowicz dated December 21, 1997, with attached prescription tag no. 4065299 dated December 22, 1997.

(38) Exhibit 34--Three vials of Nalbuphine 20mg/ml.

(39) Exhibit 35--Three vials of Benadryl 50mg/ml.

(40) Exhibit 36--One box of Maxalt-mlt 10mg.

(41) Exhibit 37--Twelve tablets of Mavik 4mg.

(42) Exhibit 38--Eight Librax capsules.

(43) Exhibit 39--One bottle of Hurricane Topical Gel.

(44) Exhibit 40--One bottle of Nystatin suspension.

(45) Exhibit 41--Seventeen unused hypodermics.

(46) Exhibit 42--Numerous used hypodermics.

(47) Exhibit 43--Copy of St. Charles Hospital Patient Incident Report dated January 3, 1995.

(48) Exhibit 44--Copy of St. Charles Hospital Discussion Summary dated January 5, 1995.

(49) Exhibit 45--Ten-page copy of eighteen-count Indictment in the Lucas County Common Pleas Court, Case No. CR99-2458, State of Ohio vs. Ronald Pawlowicz, Frank Lancz and Connie Lancz, dated September 8, 1999.

Respondent's Exhibits:

(1) None

FINDINGS OF FACT

After having heard the testimony, observed the demeanor of the witnesses, considered the evidence, and weighed the credibility of each, the State Board of Pharmacy finds the following to be fact:

(1) Records of the State Board of Pharmacy indicate that Frank Lancz was originally licensed in the state of Ohio on March 29, 1977, pursuant to examination, and is currently licensed to practice pharmacy in the state of Ohio.

(2) Frank Lancz did, on or about June 13, 1997, through March 1, 1999, intentionally make, utter, or sell, or knowingly possess a false or forged prescription, to wit: Frank Lancz created the following prescriptions for Patient #1, purportedly written by Dr. Philip Lepkowski:

Rx Number	Date	Drug/Strength	Quantity
4062519	06/13/97	Vicodin ES	90
4062519	08/08/97	Vicodin ES	90
4063403	08/11/97	Lorazepam 0.5mg	30
4063510	08/22/97	Hydrocodone 5mg/APAP 500mg	10
4062519	09/05/97	Vicodin ES	90
4062519	10/10/97	Vicodin ES	90
6402627	11/18/97	Diphenhydramine 50mg/ml (10ml inj)	3
6411689	02/19/98	Diphenhydramine 50mg/ml (10ml inj)	3
6411689	03/09/98	Diphenhydramine 50mg/ml (10ml inj)	3
6411689	03/20/98	Diphenhydramine 50mg/ml (10ml inj)	3
6411689	04/08/98	Diphenhydramine 50mg/ml (10ml inj)	3
6416142	04/08/98	Viagra 100mg	30
6411689	05/10/98	Diphenhydramine 50mg/ml (10ml inj)	3
6411689	05/22/98	Diphenhydramine 50mg/ml (10ml inj)	3
4069843	11/27/98	Hydrocodone 7.5mg/APAP 750mg	30
4070249	12/29/98	Vicodin ES	60
4070249	01/30/99	Vicodin ES	60
4070249	02/15/99	Vicodin ES	60
4070249	03/01/99	Vicodin ES	60