|
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
May 1, 2, 3, 2000
MONDAY, may 1, 2000
12:07 p.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.; 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.
12:11 p.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 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. Repke and a roll call vote was conducted by President Cavendish as follows: Abele-Yes, Adelman-Yes, Eastman-Yes, Giacalone-Yes, Kost-Yes, and Repke-Yes.
12:52 p.m.
Mr. Littlejohn arrived and joined the Executive Session in progress.
12:59 p.m.
RES. 2000-154 The Executive Session ended and the Board meeting resumed in Public Session. Ms. Abele moved that the Board refuse the settlement offer made in the matters of Martin Barron and the Medicine Shoppe Pharmacy and that the hearing be held in June as scheduled. The motion was seconded by Ms. Eastman and approved by the Board (Aye-7/Nay-0).
RES. 2000-155 Mr. Winsley announced that the Settlement Agreement with Suellen Ogden, R.Ph. has been signed and is effective as follows:
SETTLEMENT AGREEMENT WITH THE
STATE BOARD OF PHARMACY
(Docket No. D-990726-010)
In The Matter Of:
SUELLEN OGDEN, R.Ph.
147 Greenway Drive
Elyria, Ohio 44035
(R.Ph. No. 03-1-20832)
THIS SETTLEMENT AGREEMENT IS ENTERED INTO BY AND
BETWEEN SUELLEN OGDEN 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.
SUELLEN OGDEN VOLUNTARILY ENTERS INTO THIS AGREEMENT
BEING FULLY INFORMED OF HER 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. SUELLEN OGDEN ACKNOWLEDGES THAT
BY ENTERING INTO THIS AGREEMENT SHE HAS WAIVED HER RIGHTS UNDER CHAPTER 119. OF
THE REVISED CODE.
WHEREAS, the State Board of Pharmacy 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 impose a
monetary penalty on the license holder for violation of any of the enumerated
grounds therein.
WHEREAS, Suellen Ogden is licensed as a registered
pharmacist in the state of Ohio and, therefore, falls under the jurisdiction of
the State Board of Pharmacy.
WHEREAS, on or about July 26, 1999, and again on
November 23, 1999, pursuant to Chapter 119. of the Ohio Revised Code, Suellen
Ogden was notified of the allegations or charges against her, her right to a
hearing, her rights in such hearing, and her right to submit contentions in
writing. The Notices of Opportunity for
Hearing contain the following allegations or charges:
(1) Records of the
Board of Pharmacy indicate that Suellen Ogden was originally licensed in the
state of Ohio on April 27, 1995, pursuant to examination, and on November 23,
1999, her license was summarily suspended in accordance with Section
3719.121(C) of the Ohio Revised Code.
Records further indicate that during the relevant time periods stated
herein, Suellen Ogden was the Responsible Pharmacist at Chesterfield Pharmacy,
1799 E. 12th St., Cleveland, Ohio pursuant to Sections 4729.27 and 4729.55 of
the Ohio Revised Code and Rule 4729-5-11 of the Ohio Administrative Code.
(2) Suellen Ogden, as
the Responsible Pharmacist did, on or about January 1, 1996, and dates
previous, fail to keep a record of drugs purchased, possessed, and dispensed,
to wit: a Compliance Agent for the Board was advised on July 21 and July 22,
1997, that all records of drugs dated before January 1, 1996, were purged from
the computer and not kept at Chesterfield Pharmacy; the Compliance Agent’s
inspection confirmed this fact. Such
conduct is in violation of Section 3719.07 of the Ohio Revised Code and Rule
4729-5-28(F) of the Ohio Administrative Code.
(3) Suellen Ogden did,
from November 16, 1995, through February 26, 1996, dispense drugs pursuant to
improper prescriptions and kept them in the pharmacy, to wit: Suellen Ogden
failed to either record the date of the dispensing and/or manually record her
initials on original prescriptions numbered 23112401, 23112402, 23112403,
23112404, and 23118119. Such conduct is
in violation of Section 3719.07 of the Ohio Revised Code and Rule 4729-5-27(A)
of the Ohio Administrative Code.
(4) Suellen Ogden, as
the Responsible Pharmacist did, on or about July 21 and July 22, 1997, fail to
provide effective and approved controls and procedures to guard against theft
and diversion of dangerous drugs, to wit: a computer terminal which allowed
access to the records of dangerous drugs and an after-hours drop box containing
dangerous drugs at Chesterfield Pharmacy were located outside the confines of
the physical barricade, allowing access by unlicensed persons other than health
professionals. Such conduct is in
violation of Rules 4729-9-05 and 4729-9-11(A)(2)(f) of the Ohio Administrative
Code.
(5) Suellen Ogden, as
the Responsible Pharmacist did, on or about July 21 and July 22, 1997, fail to
properly execute controlled substance order forms, i.e. D.E.A. 222 forms, to
wit: when drugs were received at Chesterfield Pharmacy pursuant to the
following D.E.A. 222 forms, the forms were not completed as to the amount of
controlled substances received nor the date received: 961201879, 961201880,
961201906, 962251283, 962251305, 970778598, and 970778599. Such conduct is in violation of Section
3719.07 of the Ohio Revised Code and Section 1305.09 of the Code of Federal
Regulations.
(6) Suellen Ogden, as
the Responsible Pharmacist did, on or about July 21 and July 22, 1997, and
dates preceding, continuously fail to perform prospective drug utilization
review and patient counseling, to wit: when dispensing medications to a patient
pursuant to prescriptions, Suellen Ogden or a pharmacist under her control at
Chesterfield Pharmacy failed to review the original prescription and/or refill
information for over-utilization, incorrect drug dosage and duration of drug
treatment, and misuse; and pharmacists failed to offer patient counseling. Such conduct is in violation of Rules
4729-5-20 and 4729-5-22 of the Ohio Administrative Code.
(7) Suellen Ogden, as
the Responsible Pharmacist did, from January 12, 1996, through June 29, 1996,
knowingly sell or offer to sell a controlled substance in an amount greater
than three times the bulk amount, but in an amount less than one hundred times
that amount when the conduct was not in accordance with Chapters 3719., 4729.,
and 4731. of the Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under
her control at Chesterfield Pharmacy sold the following controlled substances
to Patient #1 without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23115644 |
Hydromet
Syrup |
240ml |
1/12/96 |
|
23115648 |
hydrocodone
5mg/APAP 500mg |
60 |
1/12/96 |
|
23115644 |
Hydromet
Syrup |
240ml |
1/17/96 |
|
23115648 |
hydrocodone
5mg/APAP 500mg |
60 |
1/18/96 |
|
23115644 |
Hydromet
Syrup |
240ml |
1/22/96 |
|
23115648 |
hydrocodone
5mg/APAP 500mg |
60 |
1/24/96 |
|
23115648 |
hydrocodone
5mg/APAP 500mg |
60 |
1/30/96 |
|
23117003 |
hydrocodone
5mg/APAP 500mg |
60 |
2/6/96 |
|
23117006 |
Hydromet
Syrup |
240ml |
2/6/96 |
|
23117006 |
Hydromet
Syrup |
240ml |
2/10/96 |
|
23117003 |
hydrocodone
5mg/APAP 500mg |
60 |
2/13/96 |
|
23117006 |
Hydromet
Syrup |
240ml |
2/15/96 |
|
23117003 |
hydrocodone
5mg/APAP 500mg |
60 |
2/19/96 |
|
23117003 |
hydrocodone
5mg/APAP 500mg |
60 |
2/24/96 |
|
23118328 |
hydrocodone
5mg/APAP 500mg |
60 |
2/28/96 |
|
23118330 |
Hydromet
Syrup |
240ml |
2/28/96 |
|
23118330 |
Hydromet
Syrup |
240ml |
3/4/96 |
|
23118328 |
hydrocodone
5mg/APAP 500mg |
60 |
3/5/96 |
|
23118330 |
Hydromet
Syrup |
240ml |
3/9/96 |
|
23118328 |
hydrocodone
5mg/APAP 500mg |
60 |
3/11/96 |
|
23118330 |
Hydromet
Syrup |
240ml |
3/14/96 |
|
23118328 |
hydrocodone
5mg/APAP 500mg |
60 |
3/18/96 |
|
23119990 |
hydrocodone
5mg/APAP 500mg |
60 |
3/27/96 |
|
23119991 |
Hydromet
Syrup |
240ml |
3/27/96 |
|
23119991 |
Hydromet
Syrup |
240ml |
3/30/96 |
|
23119990 |
hydrocodone
5mg/APAP 500mg |
60 |
4/2/96 |
|
23119991 |
Hydromet
Syrup |
240ml |
4/3/96 |
|
23119990 |
hydrocodone
5mg/APAP 500mg |
60 |
4/8/96 |
|
23119990 |
hydrocodone
5mg/APAP 500mg |
60 |
4/15/96 |
|
23121655 |
Hydromet
Syrup |
240ml |
4/25/96 |
|
23121655 |
Hydromet
Syrup |
240ml |
4/29/96 |
|
23121655 |
Hydromet
Syrup |
240ml |
5/4/96 |
|
23123584 |
Hydromet
Syrup |
240ml |
5/30/96 |
|
23123585 |
hydrocodone
5mg/APAP 500mg |
60 |
5/30/96 |
|
23123584 |
Hydromet
Syrup |
240ml |
6/4/96 |
|
23123585 |
hydrocodone
5mg/APAP 500mg |
60 |
6/7/96 |
|
23123584 |
Hydromet
Syrup |
240ml |
6/10/96 |
|
23123585 |
hydrocodone
5mg/APAP 500mg |
60 |
6/13/96 |
|
23123585 |
hydrocodone
5mg/APAP 500mg |
60 |
6/24/96 |
|
23125375 |
hydrocodone
5mg/APAP 500mg |
60 |
6/29/96 |
|
23125376 |
Hydromet
Syrup |
240ml |
6/29/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(8) Suellen Ogden, as
the Responsible Pharmacist did, from July 3, 1996, through September 28, 1996,
knowingly sell or offer to sell a controlled substance in an amount exceeding
five times the bulk amount, but in an amount less than fifty times bulk when
the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the
Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under her control at
Chesterfield Pharmacy sold the following controlled substances to Patient #1
without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23125376 |
Hydromet
Syrup |
240ml |
7/3/96 |
|
23125375 |
hydrocodone
5mg/APAP 500mg |
60 |
7/5/96 |
|
23125376 |
Hydromet
Syrup |
240ml |
7/9/96 |
|
23125375 |
hydrocodone
5mg/APAP 500mg |
60 |
7/18/96 |
|
23125375 |
hydrocodone
5mg/APAP 500mg |
60 |
7/25/96 |
|
23127024 |
Hydromet
Syrup |
240ml |
7/31/96 |
|
23127026 |
hydrocodone
5mg/APAP 500mg |
60 |
7/31/96 |
|
23127024 |
Hydromet
Syrup |
240ml |
8/5/96 |
|
23127024 |
Hydromet
Syrup |
240ml |
8/9/96 |
|
23127026 |
hydrocodone
5mg/APAP 500mg |
60 |
8/13/96 |
|
23127999 |
hydrocodone
5mg/APAP 500mg |
60 |
8/21/96 |
|
23128001 |
Hydromet
Syrup |
240ml |
8/21/96 |
|
23128001 |
Hydromet
Syrup |
240ml |
8/26/96 |
|
23128001 |
Hydromet
Syrup |
240ml |
8/30/96 |
|
23127999 |
hydrocodone
5mg/APAP 500mg |
60 |
9/3/96 |
|
23129363 |
Hydromet
Syrup |
240ml |
9/18/96 |
|
23129363 |
Hydromet
Syrup |
240ml |
9/23/96 |
|
23129363 |
Hydromet
Syrup |
240ml |
9/28/96 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(9) Suellen Ogden, as
the Responsible Pharmacist did, from July 31, 1996, through September 18, 1996,
knowingly sell or offer to sell a controlled substance in an amount exceeding
five times the bulk amount, but in an amount less than fifty times bulk when
the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the
Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under her control at
Chesterfield Pharmacy sold the following controlled substances to Patient #1
without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23127023 |
Roxicet |
120 |
7/31/96 |
|
23127998 |
Roxicet |
120 |
8/21/96 |
|
23129364 |
Roxicet |
120 |
9/18/96 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(10) Suellen Ogden, as the
Responsible Pharmacist did, from October 14, 1995, through June 26, 1996,
knowingly sell or offer to sell a controlled substance in an amount greater
than three times the bulk amount, but in an amount less than one hundred times
that amount when the conduct was not in accordance with Chapters 3719., 4729.,
and 4731. of the Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under
her control at Chesterfield Pharmacy sold the following controlled substances
to Patient #2 without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23110600 |
Hydromet
Syrup |
240ml |
10/14/95 |
|
23110601 |
hydrocodone
5mg/APAP 500mg |
100 |
10/14/95 |
|
23110601 |
hydrocodone
5mg/APAP 500mg |
100 |
11/6/95 |
|
23112203 |
Hydromet
Syrup |
240ml |
11/13/95 |
|
23110601 |
hydrocodone
5mg/APAP 500mg |
100 |
11/15/95 |
|
23112203 |
Hydromet
Syrup |
240ml |
11/16/95 |
|
23110601 |
hydrocodone
5mg/APAP 500mg |
100 |
11/25/95 |
|
23110601 |
hydrocodone
5mg/APAP 500mg |
100 |
12/5/95 |
|
23113937 |
Hydromet
Syrup |
240ml |
12/13/95 |
|
23113939 |
hydrocodone
5mg/APAP 500mg |
84 |
12/13/95 |
|
23113937 |
Hydromet
Syrup |
240ml |
12/16/95 |
|
23113939 |
hydrocodone
5mg/APAP 500mg |
84 |
12/21/95 |
|
23115287 |
Hydromet
Syrup |
240ml |
1/8/96 |
|
23115289 |
hydrocodone
5mg/APAP 500mg |
84 |
1/8/96 |
|
23115287 |
Hydromet
Syrup |
240ml |
1/11/96 |
|
23115289 |
hydrocodone
5mg/APAP 500mg |
84 |
1/20/96 |
|
23116699 |
Hydromet
Syrup |
240ml |
2/1/96 |
|
23116713 |
hydrocodone
5mg/APAP 500mg |
84 |
2/1/96 |
|
23116699 |
Hydromet
Syrup |
240ml |
2/5/96 |
|
23116713 |
hydrocodone
5mg/APAP 500mg |
84 |
2/12/96 |
|
23118339 |
hydrocodone
5mg/APAP 500mg |
84 |
2/28/96 |
|
23118340 |
Hydromet
Syrup |
240ml |
2/28/96 |
|
23118340 |
Hydromet
Syrup |
240ml |
3/4/96 |
|
23118339 |
hydrocodone
5mg/APAP 500mg |
84 |
3/11/96 |
|
23119248 |
Hydromet
Syrup |
240ml |
3/14/96 |
|
23119258 |
hydrocodone
5mg/APAP 500mg |
125 |
3/14/96 |
|
23119248 |
Hydromet
Syrup |
240ml |
3/18/96 |
|
23119258 |
hydrocodone
5mg/APAP 500mg |
125 |
4/3/96 |
|
23119258 |
hydrocodone
5mg/APAP 500mg |
125 |
4/22/96 |
|
23121647 |
Hydromet
Syrup |
240ml |
4/25/96 |
|
23121647 |
Hydromet
Syrup |
240ml |
4/29/96 |
|
23119258 |
hydrocodone
5mg/APAP 500mg |
125 |
5/8/96 |
|
23119258 |
hydrocodone
5mg/APAP 500mg |
40 |
5/25/96 |
|
23123589 |
Hydromet
Syrup |
240ml |
5/30/96 |
|
23123749 |
Hydromet
Syrup |
240ml |
6/3/96 |
|
23123749 |
Hydromet
Syrup |
240ml |
6/7/96 |
|
23125144 |
hydrocodone
5mg/APAP 500mg |
84 |
6/26/96 |
|
23125145 |
Hydromet
Syrup |
240ml |
6/26/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(11) Suellen Ogden, as the
Responsible Pharmacist did, from December 13, 1995, through June 26, 1996,
knowingly sell or offer to sell a controlled substance in an amount greater
than three times the bulk amount, but in an amount less than one hundred times
that amount when the conduct was not in accordance with Chapters 3719., 4729.,
and 4731. of the Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under
her control at Chesterfield Pharmacy sold the following controlled substances to
Patient #2 without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23113938 |
Roxicet |
90 |
12/13/95 |
|
23115288 |
Roxicet |
90 |
1/8/96 |
|
23116714 |
Roxicet |
90 |
2/1/96 |
|
23118338 |
Roxicet |
90 |
2/28/96 |
|
23119259 |
Roxicet |
125 |
3/14/96 |
|
23121675 |
Roxicet |
125 |
4/25/96 |
|
23123590 |
Roxicet |
90 |
5/30/96 |
|
23123750 |
Roxicet |
90 |
6/3/96 |
|
23125146 |
Roxicet |
90 |
6/26/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(12) Suellen Ogden, as the Responsible
Pharmacist did, from July 1, 1996, through October 10, 1996, knowingly sell or
offer to sell a controlled substance in an amount exceeding five times the bulk
amount, but in an amount less than fifty times bulk when the conduct was not in
accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to
wit: Suellen Ogden or a pharmacist under her control at Chesterfield Pharmacy
sold the following controlled substances to Patient #2 without a legitimate
medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23125145 |
Hydromet
Syrup |
240ml |
7/1/96 |
|
23125144 |
hydrocodone
5mg/APAP 500mg |
84 |
7/9/96 |
|
23125144 |
hydrocodone
5mg/APAP 500mg |
84 |
7/22/96 |
|
23126525 |
Hydromet
Syrup |
240ml |
7/23/96 |
|
23126525 |
Hydromet
Syrup |
240ml |
7/29/96 |
|
23125144 |
hydrocodone
5mg/APAP 500mg |
84 |
8/3/96 |
|
23127713 |
hydrocodone
5mg/APAP 500mg |
60 |
8/14/96 |
|
23127713 |
hydrocodone
5mg/APAP 500mg |
60 |
8/20/96 |
|
23128348 |
Hydromet
Syrup |
240ml |
8/28/96 |
|
23128349 |
hydrocodone
5mg/APAP 500mg |
84 |
8/28/96 |
|
23128348 |
Hydromet
Syrup |
240ml |
9/3/96 |
|
23128349 |
hydrocodone
5mg/APAP 500mg |
84 |
9/9/96 |
|
23128349 |
hydrocodone
5mg/APAP 500mg |
84 |
9/21/96 |
|
23128349 |
hydrocodone
5mg/APAP 500mg |
84 |
10/10/96 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(13) Suellen Ogden, as the Responsible
Pharmacist did, from July 23, 1996, through August 21, 1996, knowingly sell or
offer to sell a controlled substance in an amount exceeding five times the bulk
amount, but in an amount less than fifty times bulk when the conduct was not in
accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to
wit: Suellen Ogden or a pharmacist under her control at Chesterfield Pharmacy
sold the following controlled substances to Patient #2 without a legitimate
medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23126526 |
Roxicet |
90 |
7/23/96 |
|
23127712 |
Roxicet |
60 |
8/14/96 |
|
23128003 |
Roxicet |
60 |
8/21/96 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(14) Suellen Ogden, as the
Responsible Pharmacist did, from February 2, 1996, through June 28, 1996,
knowingly sell or offer to sell a controlled substance in an amount greater
than three times the bulk amount, but in an amount less than one hundred times
that amount when the conduct was not in accordance with Chapters 3719., 4729., and
4731. of the Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under her
control at Chesterfield Pharmacy sold the following controlled substances to
Patient #3 without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23116765 |
alprazolam 1mg |
112 |
2/28/96 |
|
23119729 |
alprazolam 1mg |
112 |
3/22/96 |
|
23119729 |
alprazolam 1mg |
112 |
4/17/96 |
|
23122555 |
alprazolam 1mg |
112 |
5/10/96 |
|
23122555 |
alprazolam 1mg |
112 |
6/4/96 |
|
23125306 |
alprazolam 1mg |
112 |
6/28/96 |
|
23116765 |
alprazolam 1mg |
112 |
2/2/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(15) Suellen Ogden, as the
Responsible Pharmacist did, from March 22, 1996, through June 28, 1996,
knowingly sell or offer to sell a controlled substance in an amount greater
than three times the bulk amount, but in an amount less than one hundred times
that amount when the conduct was not in accordance with Chapters 3719., 4729.,
and 4731. of the Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under
her control at Chesterfield Pharmacy sold the following controlled substances
to Patient #3 without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23119726 |
diazepam 10mg |
168 |
3/22/96 |
|
23119726 |
diazepam 10mg |
168 |
4/17/96 |
|
23119726 |
diazepam 10mg |
168 |
5/10/96 |
|
23119726 |
diazepam 10mg |
168 |
6/4/96 |
|
23119726 |
diazepam 10mg |
168 |
6/28/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(16) Suellen Ogden, as the
Responsible Pharmacist did, from July 24, 1996, through June 5, 1997, knowingly
sell or offer to sell a controlled substance in an amount exceeding five times
the bulk amount, but in an amount less than fifty times bulk when the conduct
was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised
Code, to wit: Suellen Ogden or a pharmacist under her control at Chesterfield
Pharmacy sold the following controlled substances to Patient #3 without a
legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23125306 |
alprazolam 1mg |
112 |
7/24/96 |
|
23127783 |
alprazolam 1mg |
112 |
8/16/96 |
|
23127783 |
alprazolam 1mg |
112 |
9/12/96 |
|
23130509 |
alprazolam 1mg |
112 |
10/8/96 |
|
23130509 |
alprazolam 1mg |
112 |
11/8/96 |
|
23133144 |
alprazolam 1mg |
112 |
11/29/96 |
|
23133144 |
alprazolam 1mg |
112 |
12/23/96 |
|
23133144 |
alprazolam 1mg |
112 |
1/31/97 |
|
305243 |
alprazolam 1mg |
120 |
5/9/97 |
|
305243 |
alprazolam 1mg |
120 |
6/5/97 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(17) Suellen Ogden, as the
Responsible Pharmacist did, from July 24, 1996, through June 5, 1997, knowingly
sell or offer to sell a controlled substance in an amount exceeding five times
the bulk amount, but in an amount less than fifty times bulk when the conduct
was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised
Code, to wit Suellen Ogden or a pharmacist under her control at Chesterfield
Pharmacy sold the following controlled substances to Patient #3 without a
legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23119726 |
diazepam 10mg |
168 |
7/24/96 |
|
23127786 |
diazepam 10mg |
168 |
8/16/96 |
|
23127786 |
diazepam 10mg |
168 |
9/12/96 |
|
23127786 |
diazepam 10mg |
168 |
10/8/96 |
|
23127786 |
diazepam 10mg |
168 |
11/4/96 |
|
23127786 |
diazepam 10mg |
168 |
11/29/96 |
|
23127786 |
diazepam 10mg |
168 |
12/23/96 |
|
300841 |
diazepam 10mg |
168 |
1/31/97 |
|
301671 |
diazepam 10mg |
168 |
2/19/97 |
|
301671 |
diazepam 10mg |
168 |
3/16/97 |
|
301671 |
diazepam 10mg |
168 |
4/16/97 |
|
301671 |
diazepam 10mg |
168 |
5/9/97 |
|
301671 |
diazepam 10mg |
168 |
6/5/97 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(18) Suellen Ogden, as the
Responsible Pharmacist did, from July 12, 1995, through June 12, 1996,
knowingly sell or offer to sell a controlled substance in an amount greater
than three times the bulk amount, but in an amount less than one hundred times
that amount when the conduct was not in accordance with Chapters 3719., 4729.,
and 4731. of the Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under
her control at Chesterfield Pharmacy sold the following controlled substances
to Patient #4 without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23105227 |
phentermine 37.5mg |
14 |
7/12/95 |
|
23106097 |
phentermine 37.5mg |
14 |
7/26/95 |
|
23106858 |
phentermine 37.5mg |
14 |
8/9/95 |
|
23107624 |
phentermine 37.5mg |
14 |
8/23/95 |
|
23108336 |
phentermine 37.5mg |
14 |
9/6/95 |
|
23115472 |
phentermine 37.5mg |
14 |
1/10/96 |
|
23116293 |
Adipex-P |
14 |
1/24/96 |
|
23117099 |
phentermine 37.5mg |
14 |
2/7/96 |
|
23117853 |
phentermine 37.5mg |
14 |
2/21/96 |
|
23118700 |
phentermine 37.5mg |
14 |
3/6/96 |
|
23119585 |
phentermine 37.5mg |
14 |
3/20/96 |
|
23120463 |
phentermine 37.5mg |
14 |
4/3/96 |
|
23122821 |
phentermine 37.5mg |
14 |
5/15/96 |
|
23124332 |
phentermine 37.5mg |
14 |
6/12/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(19) Suellen Ogden, as the
Responsible Pharmacist did, from November 14, 1996, through July 8, 1997,
knowingly sell or offer to sell a controlled substance in an amount exceeding
fifty times the bulk amount when the conduct was not in accordance with
Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Suellen
Ogden or a pharmacist under her control at Chesterfield Pharmacy sold the
following controlled substances to Patient #4 without a legitimate medical
purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23131680 |
hydrocodone 5mg/APAP 500mg |
60 |
11/14/96 |
|
23132417 |
Hydromet Syrup |
240ml |
11/14/96 |
|
23132417 |
Hydromet Syrup |
240ml |
11/20/96 |
|
23132417 |
Hydromet Syrup |
240ml |
11/25/96 |
|
23133099 |
hydrocodone 5mg/APAP 500mg |
60 |
11/27/96 |
|
23133101 |
hydrocodone/homatropine syrup |
240ml |
11/30/96 |
|
23133099 |
hydrocodone 5mg/APAP 500mg |
60 |
12/7/96 |
|
23133101 |
hydrocodone/homatropine syrup |
240ml |
12/7/96 |
|
23133704 |
hydrocodone/homatropine syrup |
240ml |
12/11/96 |
|
23133099 |
hydrocodone 5mg/APAP 500mg |
60 |
12/16/96 |
|
23133704 |
Hydromet Syrup |
240ml |
12/24/96 |
|
23133099 |
hydrocodone 5mg/APAP 500mg |
60 |
12/26/96 |
|
23133099 |
hydrocodone 5mg/APAP 500mg |
60 |
1/4/97 |
|
23133099 |
hydrocodone 5mg/APAP 500mg |
60 |
1/14/97 |
|
300282 |
hydrocodone 5mg/APAP 500mg |
60 |
1/22/97 |
|
300282 |
hydrocodone 5mg/APAP 500mg |
60 |
1/31/97 |
|
300283 |
Hydromet Syrup |
240ml |
2/5/97 |
|
300282 |
hydrocodone 5mg/APAP 500mg |
60 |
2/10/97 |
|
300283 |
Hydromet Syrup |
240ml |
2/10/97 |
|
300282 |
hydrocodone 5mg/APAP 500mg |
60 |
2/20/97 |
|
300282 |
hydrocodone 5mg/APAP 500mg |
60 |
3/3/97 |
|
302301 |
Hydromet Syrup |
240ml |
3/5/97 |
|
300282 |
hydrocodone 5mg/APAP 500mg |
60 |
3/12/97 |
|
302301 |
Hydromet Syrup |
240ml |
3/12/97 |
|
303143 |
hydrocodone 5mg/APAP 500mg |
60 |
3/24/97 |
|
303143 |
hydrocodone 5mg/APAP 500mg |
60 |
4/5/97 |
|
303143 |
hydrocodone 5mg/APAP 500mg |
60 |
4/16/97 |
|
304060 |
Hydrocodone compound |
240ml |
4/16/97 |
|
303143 |
hydrocodone 5mg/APAP 500mg |
60 |
4/26/97 |
|
304060 |
hydrocodone compound |
240ml |
4/26/97 |
|
303143 |
hydrocodone 5mg/APAP 500mg |
60 |
5/5/97 |
|
303143 |
hydrocodone 5mg/APAP 500mg |
60 |
5/14/97 |
|
305948 |
hydrocodone 5mg/APAP 500mg |
60 |
5/24/97 |
|
305948 |
hydrocodone 5mg/APAP 500mg |
60 |
6/3/97 |
|
305948 |
hydrocodone 5mg/APAP 500mg |
60 |
6/13/97 |
|
305948 |
hydrocodone 5mg/APAP 500mg |
60 |
6/21/97 |
|
305948 |
hydrocodone 5mg/APAP 500mg |
60 |
6/30/97 |
|
305948 |
hydrocodone 5mg/APAP 500mg |
60 |
7/8/97 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(20) Suellen Ogden, as the Responsible
Pharmacist did, from July 10, 1996, through July 22, 1997, knowingly sell or
offer to sell a controlled substance in an amount exceeding five times the bulk
amount, but in an amount less than fifty times bulk when the conduct was not in
accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to
wit: Suellen Ogden or a pharmacist under her control at Chesterfield Pharmacy
sold the following controlled substances to Patient #4 without a legitimate
medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23125861 |
phentermine 37.5mg |
14 |
7/10/96 |
|
23127256 |
phentermine 37.5mg |
14 |
8/7/96 |
|
23131678 |
phentermine 37.5mg |
14 |
10/30/96 |
|
23132414 |
phentermine 37.5mg |
14 |
11/14/96 |
|
23133100 |
phentermine 37.5mg |
14 |
11/27/96 |
|
23133703 |
phentermine 37.5mg |
14 |
12/11/96 |
|
23134402 |
phentermine 37.5mg |
14 |
12/24/96 |
|
303468 |
phentermine 37.5mg |
14 |
4/2/97 |
|
304055 |
phentermine 37.5mg |
14 |
4/16/97 |
|
305478 |
phentermine 37.5mg |
14 |
5/14/97 |
|
306191 |
phentermine 37.5mg |
14 |
5/30/97 |
|
306722 |
phentermine 37.5mg |
14 |
6/10/97 |
|
307299 |
phentermine 37.5mg |
14 |
6/24/97 |
|
307855 |
phentermine 37.5mg |
14 |
7/8/97 |
|
308392 |
phentermine 37.5mg |
14 |
7/22/97 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(21) Suellen Ogden, as the
Responsible Pharmacist did, from December 18, 1995, through June 3, 1996,
knowingly sell or offer to sell a controlled substance in an amount greater
than three times the bulk amount, but in an amount less than one hundred times
that amount when the conduct was not in accordance with Chapters 3719., 4729.,
and 4731. of the Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under
her control at Chesterfield Pharmacy sold the following controlled substances
to Patient #5 without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23113453 |
diazepam 10mg |
56 |
12/18/95 |
|
23113453 |
diazepam 10mg |
56 |
12/27/95 |
|
23113453 |
diazepam 10mg |
56 |
1/23/96 |
|
23113453 |
diazepam 10mg |
56 |
2/8/96 |
|
23117970 |
diazepam 10mg |
56 |
2/23/96 |
|
23117970 |
diazepam 10mg |
56 |
3/5/96 |
|
23113453 |
diazepam 10mg |
56 |
3/16/96 |
|
23117970 |
diazepam 10mg |
56 |
3/25/96 |
|
23117970 |
diazepam 10mg |
56 |
4/8/96 |
|
23121468 |
diazepam 10mg |
84 |
4/23/96 |
|
23121468 |
diazepam 10mg |
84 |
5/23/96 |
|
23123730 |
diazepam 10mg |
84 |
6/3/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(22) Suellen Ogden, as the
Responsible Pharmacist did, from December 14, 1995, through June 20, 1996,
knowingly sell or offer to sell a controlled substance in an amount greater
than three times the bulk amount, but in an amount less than one hundred times
that amount when the conduct was not in accordance with Chapters 3719., 4729.,
and 4731. of the Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under
her control at Chesterfield Pharmacy sold the following controlled substances
to Patient #5 without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23112912 |
Klonopin 2mg |
35 |
12/14/95 |
|
23112912 |
Klonopin 2mg |
35 |
12/23/95 |
|
23114819 |
Klonopin 2mg |
42 |
1/13/96 |
|
23114819 |
Klonopin 2mg |
42 |
1/23/96 |
|
23114819 |
Klonopin 2mg |
42 |
2/1/96 |
|
23114819 |
Klonopin 2mg |
42 |
2/8/96 |
|
23117335 |
Klonopin 2mg |
42 |
2/12/96 |
|
23117969 |
Klonopin 2mg |
112 |
2/23/96 |
|
23117969 |
Klonopin 2mg |
112 |
3/5/96 |
|
23118704 |
Klonopin 2mg |
100 |
3/6/96 |
|
23117969 |
Klonopin 2mg |
112 |
3/16/96 |
|
23118704 |
Klonopin 2mg |
100 |
3/25/96 |
|
23122341 |
Klonopin 2mg |
100 |
5/7/96 |
|
23118704 |
Klonopin 2mg |
100 |
5/23/96 |
|
23118704 |
Klonopin 2mg |
100 |
6/6/96 |
|
23118704 |
Klonopin 2mg |
100 |
6/20/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(23) Suellen Ogden, as the
Responsible Pharmacist did, from December 27, 1995, through June 3, 1996,
knowingly sell or offer to sell a controlled substance in an amount greater
than three times the bulk amount, but in an amount less than one hundred times
that amount when the conduct was not in accordance with Chapters 3719., 4729.,
and 4731. of the Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under
her control at Chesterfield Pharmacy sold the following controlled substances
to Patient #5 without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23113454 |
flurazepam 30mg |
14 |
12/27/95 |
|
23116233 |
flurazepam 30mg |
14 |
1/23/96 |
|
23117334 |
flurazepam 30mg |
14 |
2/12/96 |
|
23116233 |
flurazepam 30mg |
14 |
2/23/96 |
|
23117334 |
flurazepam 30mg |
14 |
3/5/96 |
|
23118702 |
flurazepam 30mg |
14 |
3/6/96 |
|
23118702 |
flurazepam 30mg |
14 |
3/16/96 |
|
23120777 |
flurazepam 30mg |
14 |
4/9/96 |
|
23122344 |
flurazepam 30mg |
14 |
5/7/96 |
|
23123733 |
flurazepam 30mg |
14 |
6/3/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(24) Suellen Ogden, as the
Responsible Pharmacist did, on or about July 1, 1996, knowingly sell or offer
to sell a controlled substance in an amount less than the bulk amount when the
conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio
Revised Code, to wit: Suellen Ogden or a pharmacist under her control at
Chesterfield Pharmacy sold 84 unit doses of diazepam 10mg, pursuant to
prescription number 23123730, to Patient #5 without a legitimate medical
purpose. Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(25) Suellen Ogden, as the
Responsible Pharmacist did, on or about July 1, 1996, knowingly sell or offer
to sell a controlled substance in an amount less than the bulk amount when the
conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio
Revised Code, to wit: Suellen Ogden or a pharmacist under her control at
Chesterfield Pharmacy sold 100 unit doses of Klonopin 2mg, pursuant to
prescription number 23118704, to Patient #5 without a legitimate medical
purpose. Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(26) Suellen Ogden, as the
Responsible Pharmacist did, from November 25, 1995, through June 24, 1996, knowingly
sell or offer to sell a controlled substance in an amount greater than three
times the bulk amount, but in an amount less than one hundred times that amount
when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of
the Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under her control
at Chesterfield Pharmacy sold the following controlled substances to Patient #6
without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23109697 |
hydrocodone 5mg/APAP 500mg |
84 |
11/25/95 |
|
23112889 |
Hydromet Syrup |
240ml |
11/25/95 |
|
23112889 |
Hydromet Syrup |
240ml |
12/4/95 |
|
23112890 |
hydrocodone 5mg/APAP 500mg |
84 |
12/4/95 |
|
23112890 |
hydrocodone 5mg/APAP 500mg |
84 |
12/15/95 |
|
23112890 |
hydrocodone 5mg/APAP 500mg |
84 |
12/26/95 |
|
23112890 |
hydrocodone 5mg/APAP 500mg |
84 |
1/5/96 |
|
23115188 |
hydrocodone 5mg/APAP 500mg |
84 |
1/19/96 |
|
23115188 |
hydrocodone 5mg/APAP 500mg |
84 |
1/31/96 |
|
23116668 |
Hydromet Syrup |
240ml |
1/31/96 |
|
23115188 |
hydrocodone 5mg/APAP 500mg |
84 |
2/13/96 |
|
23116668 |
Hydromet Syrup |
240ml |
2/13/96 |
|
23115188 |
hydrocodone 5mg/APAP 500mg |
84 |
2/27/96 |
|
23118360 |
Hydromet Syrup |
240ml |
2/28/96 |
|
23118360 |
Hydromet Syrup |
240ml |
3/12/96 |
|
23119069 |
hydrocodone 5mg/APAP 500mg |
84 |
3/12/96 |
|
23119069 |
hydrocodone 5mg/APAP 500mg |
84 |
3/25/96 |
|
23119069 |
hydrocodone 5mg/APAP 500mg |
84 |
4/8/96 |
|
23120803 |
Hydromet Syrup |
240ml |
4/9/96 |
|
23119069 |
hydrocodone 5mg/APAP 500mg |
84 |
4/20/96 |
|
23120803 |
Hydromet Syrup |
240ml |
4/20/96 |
|
23121838 |
hydrocodone 5mg/APAP 500mg |
90 |
4/27/96 |
|
23121838 |
hydrocodone 5mg/APAP 500mg |
90 |
5/8/96 |
|
23121838 |
hydrocodone 5mg/APAP 500mg |
90 |
5/18/96 |
|
23121838 |
hydrocodone 5mg/APAP 500mg |
90 |
5/31/96 |
|
23124162 |
Hydromet Syrup |
240ml |
6/8/96 |
|
23124163 |
hydrocodone 5mg/APAP 500mg |
84 |
6/11/96 |
|
23124162 |
Hydromet Syrup |
240ml |
6/17/96 |
|
23124163 |
hydrocodone 5mg/APAP 500mg |
84 |
6/24/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(27) Suellen Ogden, as the
Responsible Pharmacist did, from July 8, 1996, through July 22, 1997, knowingly
sell or offer to sell a controlled substance in an amount exceeding fifty times
the bulk amount when the conduct was not in accordance with Chapters 3719.,
4729., and 4731. of the Ohio Revised Code, to wit: Suellen Ogden or a
pharmacist under her control at Chesterfield Pharmacy sold the following controlled
substances to Patient #6 without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23124163 |
hydrocodone 5mg/APAP 500mg |
84 |
7/8/96 |
|
23124163 |
hydrocodone 5mg/APAP 500mg |
84 |
7/20/96 |
|
23124162 |
Hydromet Syrup |
240ml |
7/26/96 |
|
23126552 |
hydrocodone 5mg/APAP 500mg |
84 |
8/1/96 |
|
23124162 |
Hydromet Syrup |
240ml |
8/8/96 |
|
23126552 |
hydrocodone 5mg/APAP 500mg |
84 |
8/12/96 |
|
23127583 |
Hydromet Syrup |
240ml |
8/12/96 |
|
23126552 |
hydrocodone 5mg/APAP 500mg |
84 |
8/22/96 |
|
23127583 |
Hydromet Syrup |
240ml |
8/22/96 |
|
23126552 |
hydrocodone 5mg/APAP 500mg |
84 |
8/31/96 |
|
23127946 |
hydrocodone 5mg/APAP 500mg |
125 |
9/5/96 |
|
23127946 |
hydrocodone 5mg/APAP 500mg |
43 |
9/5/96 |
|
23127583 |
Hydromet Syrup |
240ml |
9/7/96 |
|
23129956 |
hydrocodone 5mg/APAP 500mg |
84 |
9/27/96 |
|
23127583 |
Hydromet Syrup |
240ml |
10/11/96 |
|
23129956 |
hydrocodone 5mg/APAP 500mg |
84 |
10/11/96 |
|
23129956 |
hydrocodone 5mg/APAP 500mg |
84 |
10/19/96 |
|
23131415 |
Hydromet Syrup |
240ml |
10/24/96 |
|
23129956 |
hydrocodone 5mg/APAP 500mg |
84 |
10/28/96 |
|
23131421 |
hydrocodone 5mg/APAP 500mg |
84 |
11/6/96 |
|
23131415 |
Hydromet Syrup |
240ml |
11/9/96 |
|
23131421 |
hydrocodone 5mg/APAP 500mg |
84 |
11/15/96 |
|
23131415 |
Hydromet Syrup |
240ml |
11/26/96 |
|
23131421 |
hydrocodone 5mg/APAP 500mg |
84 |
11/26/96 |
|
23131421 |
hydrocodone 5mg/APAP 500mg |
84 |
12/6/96 |
|
23131415 |
Hydromet Syrup |
240ml |
12/17/96 |
|
23134024 |
hydrocodone 5mg/APAP 500mg |
84 |
12/17/96 |
|
23134025 |
Hydromet Syrup |
240ml |
12/24/96 |
|
23134024 |
hydrocodone 5mg/APAP 500mg |
84 |
12/28/96 |
|
23134024 |
hydrocodone 5mg/APAP 500mg |
84 |
1/7/97 |
|
23134025 |
Hydromet Syrup |
240ml |
1/7/97 |
|
23134024 |
hydrocodone 5mg/APAP 500mg |
84 |
1/17/97 |
|
300736 |
hydrocodone 5mg/APAP 500mg |
84 |
1/29/97 |
|
23134025 |
Hydromet Syrup |
240ml |
1/31/97 |
|
300736 |
hydrocodone 5mg/APAP 500mg 0 |
84 |
2/11/97 |
|
23134025 |
Hydromet Syrup |
240ml |
2/12/97 |
|
301605 |
Hydromet Syrup |
240ml |
2/18/97 |
|
300736 |
hydrocodone 5mg/APAP 500mg |
84 |
2/20/97 |
|
300736 |
hydrocodone 5mg/APAP 500mg |
84 |
3/1/97 |
|
301605 |
Hydromet Syrup |
240ml |
3/5/97 |
|
302605 |
hydrocodone 5mg/APAP 500mg |
90 |
3/10/97 |
|
301605 |
Hydromet Syrup |
240ml |
3/18/97 |
|
302605 |
hydrocodone 5mg/APAP 500mg |
90 |
3/19/97 |
|
301605 |
Hydromet Syrup |
240ml |
3/27/97 |
|
302605 |
hydrocodone 5mg/APAP 500mg |
90 |
3/28/97 |
|
302605 |
hydrocodone 5mg/APAP 500mg |
90 |
4/7/97 |
|
303974 |
hydrocodone 5mg/APAP 500mg |
90 |
4/15/97 |
|
303975 |
hydrocodone compound |
240ml |
4/15/97 |
|
303975 |
hydrocodone compound |
240ml |
4/22/97 |
|
303974 |
hydrocodone 5mg/APAP 500mg |
90 |
4/25/97 |
|
303974 |
hydrocodone 5mg/APAP 500mg |
90 |
5/3/97 |
|
303975 |
hydrocodone compound |
240ml |
5/3/97 |
|
303975 |
hydrocodone compound |
240ml |
5/12/97 |
|
305346 |
hydrocodone 5mg/APAP 500mg |
90 |
5/12/97 |
|
305346 |
hydrocodone 5mg/APAP 500mg |
90 |
5/21/97 |
|
305784 |
hydrocodone compound |
240ml |
5/21/97 |
|
305346 |
hydrocodone 5mg/APAP 500mg |
90 |
5/31/97 |
|
305784 |
hydrocodone compound |
240ml |
5/31/97 |
|
305784 |
hydrocodone compound |
240ml |
6/5/97 |
|
306511 |
hydrocodone 5mg/APAP 500mg |
90 |
6/10/97 |
|
305784 |
hydrocodone compound |
240ml |
6/19/97 |
|
307320 |
hydrocodone compound |
240ml |
6/24/97 |
|
307321 |
hydrocodone 5mg/APAP 500mg |
90 |
6/24/97 |
|
307320 |
hydrocodone compound |
240ml |
7/15/97 |
|
307320 |
hydrocodone compound |
240ml |
7/22/97 |
|
308402 |
hydrocodone 5mg/APAP 500mg |
90 |
7/22/97 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(28) Suellen Ogden, as the
Responsible Pharmacist did, from December 31, 1996, through July 21, 1997,
knowingly sell or offer to sell a controlled substance in an amount exceeding
fifty times the bulk amount when the conduct was not in accordance with
Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Suellen
Ogden or a pharmacist under her control at Chesterfield Pharmacy sold the
following controlled substances to Patient #7 without a legitimate medical
purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23133915 |
Vicodin |
90 |
12/31/96 |
|
23133467 |
Hydromet Syrup |
240ml |
1/2/97 |
|
23133915 |
Vicodin |
90 |
1/15/97 |
|
23133467 |
Hydromet Syrup |
240ml |
1/30/97 |
|
23133915 |
Vicodin |
90 |
1/30/97 |
|
23133915 |
Vicodin |
90 |
2/15/97 |
|
302075 |
Hycodan Syrup |
240ml |
2/27/97 |
|
302074 |
Vicodin |
90 |
3/3/97 |
|
302074 |
Vicodin |
90 |
3/17/97 |
|
302075 |
Hycodan Syrup |
240ml |
3/17/97 |
|
302074 |
Vicodin |
90 |
3/31/97 |
|
302075 |
Hycodan Syrup |
240ml |
3/31/97 |
|
302074 |
Vicodin |
90 |
4/14/97 |
|
303958 |
Hycodan Syrup |
240ml |
4/14/97 |
|
302074 |
Vicodin |
90 |
4/28/97 |
|
303958 |
Hycodan Syrup |
240ml |
4/28/97 |
|
303958 |
Hycodan Syrup |
240ml |
5/12/97 |
|
305319 |
Vicodin |
90 |
5/12/97 |
|
305319 |
Vicodin |
90 |
5/27/97 |
|
306034 |
Hycodan Syrup |
240ml |
5/27/97 |
|
305319 |
Vicodin |
90 |
6/9/97 |
|
306034 |
Hycodan Syrup |
240ml |
6/9/97 |
|
305319 |
Vicodin |
90 |
6/23/97 |
|
306034 |
Hycodan Syrup |
240ml |
6/23/97 |
|
305319 |
Vicodin |
90 |
7/7/97 |
|
308377 |
Vicodin |
90 |
7/21/97 |
|
308379 |
Hycodan Syrup |
240ml |
7/21/97 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(29) Suellen Ogden, as the
Responsible Pharmacist did, from April 9, 1997, through July 23, 1997,
knowingly sell or offer to sell a controlled substance in an amount exceeding
five times the bulk amount, but in an amount less than fifty times bulk when
the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the
Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under her control at
Chesterfield Pharmacy sold the following controlled substances to Patient #8
without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
303827 |
alprazolam 2mg |
100 |
04/09/97 |
|
303827 |
alprazolam 2mg |
100 |
04/29/97 |
|
303827 |
alprazolam 2mg |
100 |
05/19/97 |
|
303827 |
alprazolam 2mg |
100 |
06/11/97 |
|
303827 |
alprazolam 2mg |
100 |
07/02/97 |
|
303827 |
alprazolam 2mg |
100 |
07/23/97 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(30) Suellen Ogden, as the
Responsible Pharmacist did, from March 4, 1997, through May 19, 1997, knowingly
sell or offer to sell a controlled substance in an amount exceeding the bulk
amount, but in an amount less than five times bulk when the conduct was not in
accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to
wit: Suellen Ogden or a pharmacist under her control at Chesterfield Pharmacy
sold the following controlled substances to Patient #8 without a legitimate
medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
302195 |
diazepam 10mg |
90 |
03/04/97 |
|
302195 |
diazepam 10mg |
90 |
03/19/97 |
|
302195 |
diazepam 10mg |
90 |
04/03/97 |
|
302195 |
diazepam 10mg |
90 |
04/19/97 |
|
302195 |
diazepam 10mg |
90 |
05/05/97 |
|
302195 |
diazepam 10mg |
90 |
05/19/97 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(31) Suellen Ogden, as the
Responsible Pharmacist did, from March 4, 1997, through May 19, 1997, knowingly
sell or offer to sell a controlled substance in an amount equal to or exceeding
the bulk amount, but in an amount less than five times bulk when the conduct
was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised
Code, to wit: Suellen Ogden or a pharmacist under her control at Chesterfield
Pharmacy sold the following controlled substances to Patient #8 without a
legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
302199 |
oxazepam 30mg |
30 |
03/04/97 |
|
302199 |
oxazepam 30mg |
30 |
03/19/97 |
|
303825 |
oxazepam 30mg |
30 |
04/09/97 |
|
303825 |
oxazepam 30mg |
30 |
05/19/97 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(32) Suellen Ogden, as the
Responsible Pharmacist did, from May 3, 1995, through May 16, 1996, knowingly
sell or offer to sell a controlled substance in an amount greater than three
times the bulk amount, but in an amount less than one hundred times that amount
when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of
the Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under her control
at Chesterfield Pharmacy sold the following controlled substances to Patient #9
without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23101144 |
Ionamin 30mg |
14 |
5/3/95 |
|
23102693 |
Ionamin 30mg |
14 |
5/30/95 |
|
23103667 |
Ionamin 30mg |
14 |
6/14/95 |
|
23103971 |
Ionamin 30mg |
14 |
6/20/95 |
|
23105136 |
Ionamin 30mg |
14 |
7/11/95 |
|
23105984 |
Ionamin 30mg |
14 |
7/25/95 |
|
23106780 |
Ionamin 30mg |
14 |
8/8/95 |
|
23112253 |
Ionamin 30mg |
14 |
11/14/95 |
|
23113121 |
Ionamin 30mg |
14 |
11/29/95 |
|
23113717 |
Ionamin 30mg |
14 |
12/9/95 |
|
23114997 |
Ionamin 30mg |
14 |
1/3/96 |
|
23115947 |
Ionamin 30mg |
14 |
1/17/96 |
|
23116522 |
Ionamin 30mg |
14 |
1/30/96 |
|
23117508 |
Ionamin 30mg |
14 |
2/14/96 |
|
23118194 |
Ionamin 30mg |
14 |
2/27/96 |
|
23119154 |
Ionamin 30mg |
14 |
3/13/96 |
|
23119887 |
Ionamin 30mg |
14 |
3/26/96 |
|
23120892 |
Ionamin 30mg |
14 |
4/10/96 |
|
23122897 |
Ionamin 30mg |
14 |
5/16/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(33) Suellen Ogden, as the
Responsible Pharmacist did, from August 9, 1995, through April 29, 1996,
knowingly sell or offer to sell a controlled substance in an amount greater
than three times the bulk amount, but in an amount less than one hundred times
that amount when the conduct was not in accordance with Chapters 3719., 4729.,
and 4731. of the Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under
her control at Chesterfield Pharmacy sold the following controlled substances
to Patient #9 without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23106898 |
Pondimin 20mg |
42 |
8/9/95 |
|
23108181 |
Pondimin 20mg |
42 |
9/2/95 |
|
23109101 |
Pondimin 20mg |
42 |
9/19/95 |
|
23110245 |
Pondimin 20mg |
42 |
10/6/95 |
|
23110788 |
Pondimin 20mg |
42 |
10/17/95 |
|
23111811 |
Pondimin 20mg |
42 |
11/4/95 |
|
23114575 |
Pondimin 20mg |
42 |
12/23/95 |
|
23115700 |
Pondimin 20mg |
42 |
1/15/96 |
|
23116677 |
Pondimin 20mg |
42 |
1/31/96 |
|
23118091 |
Pondimin 20mg |
42 |
2/24/96 |
|
23119753 |
Pondimin 20mg |
42 |
3/22/96 |
|
23120671 |
Pondimin 20mg |
42 |
4/5/96 |
|
23121932 |
Pondimin 20mg |
42 |
4/29/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(34) Suellen Ogden, as the
Responsible Pharmacist did, on or about July 5, 1996, knowingly sell or offer
to sell a controlled substance in an amount less than the bulk amount when the
conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio
Revised Code, to wit: Suellen Ogden or a pharmacist under her control at
Chesterfield Pharmacy sold 14 unit doses of Adipex-P, pursuant to prescription
number 23125634, to Patient #9 without a legitimate medical purpose. Such conduct is in violation of Section
2925.03(A) of the Ohio Revised Code.
(35) Suellen Ogden, as the
Responsible Pharmacist did, from August 16, 1996, through September 4, 1996,
knowingly sell or offer to sell a controlled substance in an amount less than
the bulk amount when the conduct was not in accordance with Chapters 3719.,
4729., and 4731. of the Ohio Revised Code, to wit: Suellen Ogden or a
pharmacist under her control at Chesterfield Pharmacy sold the following
controlled substances to Patient #9 without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23127831 |
Pondimin 20mg |
42 |
8/16/96 |
|
23128189 |
Pondimin 20mg |
42 |
8/24/96 |
|
23128552 |
Pondimin 20mg |
42 |
9/4/96 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(36) Suellen Ogden, as the Responsible
Pharmacist did, from October 17, 1995, through March 12, 1996, knowingly sell
or offer to sell a controlled substance in an amount greater than three times
the bulk amount, but in an amount less than one hundred times that amount when
the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the
Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under her control at
Chesterfield Pharmacy sold the following controlled substances to Patient #10
without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23110826 |
Roxiprin |
125 |
10/17/95 |
|
23111579 |
Roxiprin |
125 |
10/31/95 |
|
23112140 |
Roxiprin |
125 |
11/13/95 |
|
23112948 |
Endodan |
125 |
11/27/95 |
|
23114484 |
Endodan |
125 |
12/22/95 |
|
23115116 |
Endodan |
125 |
1/5/96 |
|
23115116 |
Endodan |
15 |
1/5/96 |
|
23115739 |
Endodan |
125 |
1/15/96 |
|
23116531 |
Roxiprin |
125 |
1/30/96 |
|
23117365 |
Roxiprin |
125 |
2/12/96 |
|
23118146 |
Endodan |
125 |
2/26/96 |
|
23119000 |
Roxiprin |
125 |
3/12/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(37) Suellen Ogden, as the
Responsible Pharmacist did, from October 14, 1995, through March 16, 1996,
knowingly sell or offer to sell a controlled substance in an amount greater
than three times the bulk amount, but in an amount less than one hundred times
that amount when the conduct was not in accordance with Chapters 3719., 4729.,
and 4731. of the Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under
her control at Chesterfield Pharmacy sold the following controlled substances
to Patient #10 without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23110589 |
hydrocodone 5mg/APAP 500mg |
40 |
10/14/95 |
|
23112141 |
Hydromet Syrup |
240ml |
11/13/95 |
|
23113837 |
Hydromet Syrup |
240ml |
12/12/95 |
|
23115115 |
Hydromet Syrup |
240ml |
1/5/96 |
|
23115115 |
Hydromet Syrup |
240ml |
1/11/96 |
|
23115743 |
Hydromet Syrup |
240ml |
1/15/96 |
|
23115743 |
Hydromet Syrup |
240ml |
1/20/96 |
|
23118999 |
Hydromet Syrup |
240ml |
3/12/96 |
|
23118999 |
Hydromet Syrup |
240ml |
3/16/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(38) Suellen Ogden, as the
Responsible Pharmacist did, from February 25, 1997, through July 12, 1997,
knowingly sell or offer to sell a controlled substance in an amount exceeding
five times the bulk amount, but in an amount less than fifty times that amount
when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of
the Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under her control
at Chesterfield Pharmacy sold the following controlled substances to Patient
#10 without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
301925 |
oxycodone 4.88mg/ASA 325mg |
120 |
2/25/97 |
|
303185 |
oxycodone 4.88mg/ASA 325mg |
125 |
3/25/97 |
|
304065 |
oxycodone 4.88mg/ASA 325mg |
125 |
4/16/97 |
|
305426 |
Roxicet |
125 |
5/13/97 |
|
306539 |
oxycodone 4.88mg/ASA 325mg |
125 |
6/6/97 |
|
308010 |
oxycodone 4.88mg/ASA 325mg |
125 |
7/12/97 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(39) Suellen Ogden, as the
Responsible Pharmacist did, from February 25, 1997, through June 17, 1997,
knowingly sell or offer to sell a controlled substance in an amount exceeding
five times the bulk amount, but in an amount less than fifty times that amount
when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of
the Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under her control
at Chesterfield Pharmacy sold the following controlled substances to Patient
#10 without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
301921 |
Hydromet Syrup |
240ml |
2/25/97 |
|
301921 |
Hydromet Syrup |
240ml |
3/6/97 |
|
301921 |
Hydromet Syrup |
240ml |
3/14/97 |
|
301921 |
Hydromet Syrup |
240ml |
3/20/97 |
|
303184 |
hydrocodone
compound |
240ml |
3/25/97 |
|
303184 |
hydrocodone
compound |
240ml |
4/2/97 |
|
303184 |
hydrocodone
compound |
240ml |
4/7/97 |
|
303184 |
hydrocodone
compound |
240ml |
4/11/97 |
|
304064 |
hydrocodone
compound |
240ml |
4/16/97 |
|
304064 |
hydrocodone
compound |
240ml |
4/21/97 |
|
304064 |
hydrocodone
compound |
240ml |
4/28/97 |
|
306538 |
hydrocodone
compound |
240ml |
6/6/97 |
|
306538 |
hydrocodone
compound |
240ml |
6/12/97 |
|
306538 |
hydrocodone
compound |
240ml |
6/17/97 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(40) Suellen Ogden, as the
Responsible Pharmacist did, from December 14, 1995, through June 27,1996,
knowingly sell or offer to sell a controlled substance in an amount greater
than three times the bulk amount, but in an amount less than one hundred times
that amount when the conduct was not in accordance with Chapters 3719., 4729.,
and 4731. of the Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under
her control at Chesterfield Pharmacy sold the following controlled substances
to Patient #11 without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23113982 |
APAP 325mg/codeine 15mg |
90 |
12/14/95 |
|
23113982 |
APAP 325mg/codeine 15mg |
90 |
12/28/95 |
|
23113982 |
APAP 325mg/codeine 15mg |
90 |
1/11/96 |
|
23113982 |
APAP 325mg/codeine 15mg |
90 |
1/23/96 |
|
23113982 |
APAP 325mg/codeine 15mg |
90 |
2/8/96 |
|
23113982 |
APAP 325mg/codeine 15mg |
90 |
2/22/96 |
|
23118772 |
APAP 325mg/codeine 15mg |
90 |
3/7/96 |
|
23118772 |
APAP 325mg/codeine 15mg |
90 |
3/20/96 |
|
23118772 |
APAP 325mg/codeine 15mg |
90 |
4/4/96 |
|
23118772 |
APAP 325mg/codeine 15mg |
90 |
4/17/96 |
|
23118772 |
APAP 325mg/codeine 15mg |
90 |
5/2/96 |
|
23118772 |
APAP 325mg/codeine 15mg |
90 |
5/15/96 |
|
23123558 |
APAP 325mg/codeine 15mg |
90 |
5/30/96 |
|
23123558 |
APAP 325mg/codeine 15mg |
90 |
6/15/96 |
|
23123558 |
APAP 325mg/codeine 15mg |
90 |
6/27/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(41) Suellen Ogden, as the
Responsible Pharmacist did, from December 14, 1995, through June 27,1996,
knowingly sell or offer to sell a controlled substance in an amount greater
than three times the bulk amount, but in an amount less than one hundred times
that amount when the conduct was not in accordance with Chapters 3719., 4729.,
and 4731. of the Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under
her control at Chesterfield Pharmacy sold the following controlled substances
to Patient #11 without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23113981 |
hydrocodone 5mg/APAP 500mg |
90 |
12/14/95 |
|
23113981 |
hydrocodone 5mg/APAP 500mg |
90 |
12/28/95 |
|
23115565 |
hydrocodone 5mg/APAP 500mg |
90 |
1/11/96 |
|
23115565 |
hydrocodone 5mg/APAP 500mg |
90 |
1/25/96 |
|
23117156 |
hydrocodone 5mg/APAP 500mg |
90 |
2/8/96 |
|
23117156 |
hydrocodone 5mg/APAP 500mg |
90 |
2/22/96 |
|
23118771 |
hydrocodone 5mg/APAP 500mg |
90 |
3/7/96 |
|
23118771 |
hydrocodone 5mg/APAP 500mg |
90 |
3/20/96 |
|
23120564 |
hydrocodone 5mg/APAP 500mg |
90 |
4/4/96 |
|
23120564 |
hydrocodone 5mg/APAP 500mg |
90 |
4/17/96 |
|
23122105 |
hydrocodone 5mg/APAP 500mg |
90 |
5/2/96 |
|
23122105 |
hydrocodone 5mg/APAP 500mg |
90 |
5/15/96 |
|
23123560 |
hydrocodone 5mg/APAP 500mg |
90 |
5/30/96 |
|
23123560 |
hydrocodone 5mg/APAP 500mg |
90 |
6/11/96 |
|
23125201 |
hydrocodone 5mg/APAP 500mg |
90 |
6/27/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(42) Suellen Ogden, as the
Responsible Pharmacist did, from July 9, 1996, through October 17, 1996,
knowingly sell or offer to sell a controlled substance in an amount exceeding
the bulk amount, but in an amount less than five times that amount when the
conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio
Revised Code, to wit: Suellen Ogden or a pharmacist under her control at
Chesterfield Pharmacy the pharmacy sold the following controlled substances to
Patient #11 without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23123558 |
APAP 325mg/codeine 15mg |
90 |
7/9/96 |
|
23123558 |
APAP 325mg/codeine 15mg |
90 |
7/24/96 |
|
23123558 |
APAP 325mg/codeine 15mg |
90 |
8/6/96 |
|
23129371 |
APAP 325mg/codeine 15mg |
90 |
9/18/96 |
|
23129371 |
APAP 325mg/codeine 15mg |
90 |
10/2/96 |
|
23129371 |
APAP 325mg/codeine 15mg |
90 |
10/17/96 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(43) Suellen Ogden, as the
Responsible Pharmacist did, from July 9, 1996, through October 2, 1996,
knowingly sell or offer to sell a controlled substance in an amount exceeding
five times the bulk amount, but in an amount less than fifty times that amount
when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of
the Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under her control
at Chesterfield Pharmacy sold the following controlled substances to Patient
#11 without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23125201 |
hydrocodone 5mg/APAP 500mg |
90 |
7/9/96 |
|
23126691 |
hydrocodone 5mg/APAP 500mg |
90 |
7/25/96 |
|
23126691 |
hydrocodone 5mg/APAP 500mg |
90 |
8/8/96 |
|
23128045 |
hydrocodone 5mg/APAP 500mg |
90 |
8/22/96 |
|
23128045 |
hydrocodone 5mg/APAP 500mg |
90 |
9/4/96 |
|
23129372 |
hydrocodone 5mg/APAP 500mg |
90 |
9/18/96 |
|
23129372 |
hydrocodone 5mg/APAP 500mg |
90 |
10/2/96 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(44) Suellen Ogden, as the
Responsible Pharmacist did, from January 5, 1996, through June 24,1996,
knowingly sell or offer to sell a controlled substance in an amount greater
than three times the bulk amount, but in an amount less than one hundred times
that amount when the conduct was not in accordance with Chapters 3719., 4729.,
and 4731. of the Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under
her control at Chesterfield Pharmacy sold the following controlled substances
to Patient #12 without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23115157 |
hydrocodone 5mg/APAP 500mg |
60 |
01/05/96 |
|
23115157 |
hydrocodone 5mg/APAP 500mg |
60 |
01/19/96 |
|
23115157 |
hydrocodone 5mg/APAP 500mg |
60 |
02/06/96 |
|
23115157 |
hydrocodone 5mg/APAP 500mg |
60 |
02/16/96 |
|
23115157 |
hydrocodone 5mg/APAP 500mg |
60 |
02/27/96 |
|
23115157 |
hydrocodone 5mg/APAP 500mg |
60 |
03/11/96 |
|
23119830 |
hydrocodone 5mg/APAP 500mg |
60 |
03/25/96 |
|
23119830 |
hydrocodone 5mg/APAP 500mg |
60 |
04/06/96 |
|
23119830 |
hydrocodone 5mg/APAP 500mg |
60 |
04/17/96 |
|
23119830 |
hydrocodone 5mg/APAP 500mg |
60 |
04/29/96 |
|
23119830 |
hydrocodone 5mg/APAP 500mg |
60 |
05/13/96 |
|
23119830 |
hydrocodone 5mg/APAP 500mg |
60 |
05/24/96 |
|
23124092 |
hydrocodone 5mg/APAP 500mg |
60 |
06/07/96 |
|
23124092 |
hydrocodone 5mg/APAP 500mg |
60 |
06/17/96 |
|
23124092 |
hydrocodone 5mg/APAP 500mg |
60 |
06/24/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(45) Suellen Ogden, as the
Responsible Pharmacist did, from January 2, 1996, through June 28,1996,
knowingly sell or offer to sell a controlled substance in an amount greater
than three times the bulk amount, but in an amount less than one hundred times
that amount when the conduct was not in accordance with Chapters 3719., 4729.,
and 4731. of the Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under
her control at Chesterfield Pharmacy sold the following controlled substances
to Patient #12 without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23114917 |
Roxiprin |
125 |
01/02/96 |
|
23116520 |
Roxiprin |
125 |
01/30/96 |
|
23117986 |
Roxiprin |
125 |
02/23/96 |
|
23119473 |
Roxiprin |
125 |
03/19/96 |
|
23121008 |
Roxiprin |
125 |
04/12/96 |
|
23122499 |
Roxiprin |
125 |
05/10/96 |
|
23123807 |
Roxiprin |
125 |
06/04/96 |
|
23125266 |
Roxiprin |
125 |
06/28/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(46) Suellen Ogden, as the
Responsible Pharmacist did, from July 6, 1996, through December 13, 1996,
knowingly sell or offer to sell a controlled substance in an amount exceeding
five times the bulk amount, but in an amount less than fifty times that amount
when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of
the Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under her control
at Chesterfield Pharmacy sold the following controlled substances to Patient
#12 without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23124092 |
hydrocodone 5mg/APAP 500mg |
60 |
07/06/96 |
|
23124092 |
hydrocodone 5mg/APAP 500mg |
60 |
07/15/96 |
|
23124092 |
hydrocodone 5mg/APAP 500mg |
60 |
08/01/96 |
|
23127790 |
hydrocodone 5mg/APAP 500mg |
60 |
08/17/96 |
|
23127790 |
hydrocodone 5mg/APAP 500mg |
60 |
08/28/96 |
|
23127790 |
hydrocodone 5mg/APAP 500mg |
60 |
09/05/96 |
|
23127790 |
hydrocodone 5mg/APAP 500mg |
60 |
09/12/96 |
|
23127790 |
hydrocodone 5mg/APAP 500mg |
60 |
09/21/96 |
|
23127790 |
hydrocodone 5mg/APAP 500mg |
60 |
09/30/96 |
|
23131570 |
hydrocodone 5mg/APAP 500mg |
60 |
11/02/96 |
|
23131570 |
hydrocodone 5mg/APAP 500mg |
60 |
11/09/96 |
|
23131570 |
hydrocodone 5mg/APAP 500mg |
60 |
11/16/96 |
|
23131570 |
hydrocodone 5mg/APAP 500mg |
60 |
11/25/96 |
|
23131570 |
hydrocodone 5mg/APAP 500mg |
60 |
12/03/96 |
|
23131570 |
hydrocodone 5mg/APAP 500mg |
60 |
12/13/96 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(47) Suellen Ogden, as the
Responsible Pharmacist did, from July 23, 1996, through December 17, 1996,
knowingly sell or offer to sell a controlled substance in an amount exceeding
five times the bulk amount, but in an amount less than fifty times that amount
when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of
the Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under her control
at Chesterfield Pharmacy sold the following controlled substances to Patient
#12 without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23126486 |
Roxiprin |
125 |
07/23/96 |
|
23127789 |
Roxiprin |
125 |
08/16/96 |
|
23128933 |
Roxiprin |
125 |
09/10/96 |
|
23130204 |
Roxiprin |
125 |
10/03/96 |
|
23131569 |
Roxiprin |
125 |
10/29/96 |
|
23132829 |
Roxiprin |
125 |
11/22/96 |
|
23133921 |
oxycodone 4.88mg/ASA 325mg |
125 |
12/17/96 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(48) Suellen Ogden, as the
Responsible Pharmacist did, from January 15, 1996, through June 21,1996,
knowingly sell or offer to sell a controlled substance in an amount greater
than three times the bulk amount, but in an amount less than one hundred times
that amount when the conduct was not in accordance with Chapters 3719., 4729.,
and 4731. of the Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under
her control at Chesterfield Pharmacy sold the following controlled substances
to Patient #13 without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23112927 |
hydrocodone 5mg/APAP 500mg |
60 |
1/15/96 |
|
23112927 |
hydrocodone 5mg/APAP 500mg |
60 |
1/27/96 |
|
23112927 |
hydrocodone 5mg/APAP 500mg |
60 |
2/13/96 |
|
23116440 |
hydrocodone 7.5mg/APAP 650mg |
60 |
2/26/96 |
|
23116440 |
hydrocodone 7.5mg/APAP 650mg |
60 |
3/15/96 |
|
23116440 |
hydrocodone 7.5mg/APAP 650mg |
60 |
3/28/96 |
|
23116440 |
hydrocodone 7.5mg/APAP 650mg |
60 |
4/9/96 |
|
23121075 |
hydrocodone 7.5mg/APAP 650mg |
60 |
4/19/96 |
|
23121075 |
hydrocodone 7.5mg/APAP 650mg |
60 |
4/29/96 |
|
23121075 |
hydrocodone 7.5mg/APAP 650mg |
60 |
5/13/96 |
|
23121075 |
hydrocodone 7.5mg/APAP 650mg |
60 |
5/24/96 |
|
23121075 |
hydrocodone 7.5mg/APAP 650mg |
60 |
6/8/96 |
|
23121075 |
hydrocodone 7.5mg/APAP 650mg |
60 |
6/21/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(49) Suellen Ogden, as the
Responsible Pharmacist did, from January 15, 1996, through June 21,1996,
knowingly sell or offer to sell a controlled substance in an amount greater
than three times the bulk amount, but in an amount less than one hundred times
that amount when the conduct was not in accordance with Chapters 3719., 4729.,
and 4731. of the Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under
her control at Chesterfield Pharmacy sold the following controlled substances
to Patient #13 without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23112924 |
APAP 325mg/codeine 30mg |
60 |
1/15/96 |
|
23112924 |
APAP 325mg/codeine 30mg |
60 |
1/27/96 |
|
23112924 |
APAP 325mg/codeine 30mg |
60 |
2/13/96 |
|
23116442 |
APAP 325mg/codeine 30mg |
60 |
2/26/96 |
|
23116442 |
APAP 325mg/codeine 30mg |
60 |
3/15/96 |
|
23116442 |
APAP 325mg/codeine 30mg |
60 |
3/28/96 |
|
23116442 |
APAP 325mg/codeine 30mg |
60 |
4/9/96 |
|
23121076 |
APAP 325mg/codeine 30mg |
60 |
4/19/96 |
|
23121076 |
APAP 325mg/codeine 30mg |
60 |
4/29/96 |
|
23121076 |
APAP 325mg/codeine 30mg |
60 |
5/13/96 |
|
23121076 |
APAP 325mg/codeine 30mg |
60 |
5/24/96 |
|
23121076 |
APAP 325mg/codeine 30mg |
60 |
6/8/96 |
|
23121076 |
APAP 325mg/codeine 30mg |
60 |
6/21/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(50) Suellen Ogden, as the
Responsible Pharmacist did, from July 2, 1996, through July 2, 1997, knowingly
sell or offer to sell a controlled substance in an amount exceeding five times
the bulk amount, but in an amount less than fifty times that amount when the
conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio
Revised Code, to wit: Suellen Ogden or a pharmacist under her control at
Chesterfield Pharmacy sold the following controlled substances to Patient #13
without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23125512 |
hydrocodone 5mg/APAP 500mg |
112 |
7/2/96 |
|
23126563 |
hydrocodone 5mg/APAP 500mg |
49 |
7/24/96 |
|
23127205 |
hydrocodone 5mg/APAP 500mg |
42 |
8/7/96 |
|
23127960 |
hydrocodone 5mg/APAP 500mg |
38 |
8/21/96 |
|
23128633 |
hydrocodone 5mg/APAP 500mg |
34 |
9/5/96 |
|
23129321 |
hydrocodone 5mg/APAP 500mg |
38 |
9/18/96 |
|
23130075 |
hydrocodone 5mg/APAP 500mg |
35 |
10/1/96 |
|
23130818 |
hydrocodone 5mg/APAP 500mg |
35 |
10/15/96 |
|
23131562 |
hydrocodone 5mg/APAP 500mg |
32 |
10/29/96 |
|
23132297 |
hydrocodone 5mg/APAP 500mg |
29 |
11/12/96 |
|
23132992 |
hydrocodone 5mg/APAP 500mg |
26 |
11/26/96 |
|
23133556 |
hydrocodone 5mg/APAP 500mg |
25 |
12/9/96 |
|
23134375 |
hydrocodone 5mg/APAP 500mg |
23 |
12/24/96 |
|
23134945 |
hydrocodone 5mg/APAP 500mg |
23 |
1/7/97 |
|
300171 |
hydrocodone 5mg/APAP 500mg |
23 |
1/21/97 |
|
300171 |
hydrocodone 5mg/APAP 500mg |
23 |
2/4/97 |
|
301424 |
hydrocodone 5mg/APAP 500mg |
23 |
2/14/97 |
|
301424 |
hydrocodone 5mg/APAP 500mg |
23 |
3/3/97 |
|
302872 |
hydrocodone 5mg/APAP 500mg |
23 |
3/18/97 |
|
302872 |
hydrocodone 5mg/APAP 500mg |
23 |
3/31/97 |
|
303979 |
hydrocodone 5mg/APAP 500mg |
46 |
4/15/97 |
|
303979 |
hydrocodone 5mg/APAP 500mg |
46 |
5/12/97 |
|
306701 |
hydrocodone 5mg/APAP 500mg |
46 |
6/10/97 |
|
306701 |
hydrocodone 5mg/APAP 500mg |
46 |
7/2/97 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(51) Suellen Ogden, as the
Responsible Pharmacist did, from July 2, 1996, through July 2, 1997, knowingly
sell or offer to sell a controlled substance in an amount exceeding five times
the bulk amount, but in an amount less than fifty times that amount when the
conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio
Revised Code, to wit: Suellen Ogden or a pharmacist under her control at
Chesterfield Pharmacy sold the following controlled substances to Patient #13
without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23125514 |
APAP 325mg/codeine 30mg |
112 |
7/2/96 |
|
23126565 |
APAP 325mg/codeine 30mg |
42 |
7/24/96 |
|
23127207 |
APAP 325mg/codeine 30mg |
42 |
8/7/96 |
|
23127959 |
APAP 325mg/codeine 30mg |
42 |
8/21/96 |
|
23128632 |
APAP 325mg/codeine 30mg |
42 |
9/5/96 |
|
23129320 |
APAP 325mg/codeine 60mg |
38 |
9/18/96 |
|
23130077 |
APAP 325mg/codeine 60mg |
35 |
10/1/96 |
|
23130815 |
APAP 325mg/codeine 30mg |
42 |
10/15/96 |
|
23131560 |
APAP 325mg/codeine 60mg |
32 |
10/29/96 |
|
23132295 |
APAP 325mg/codeine 60mg |
29 |
11/12/96 |
|
23132990 |
APAP 325mg/codeine 60mg |
26 |
11/26/96 |
|
23133555 |
APAP 325mg/codeine 60mg |
25 |
12/9/96 |
|
23134374 |
APAP 325mg/codeine 60mg |
23 |
12/24/96 |
|
23134944 |
APAP 325mg/codeine 60mg |
23 |
1/7/97 |
|
300170 |
APAP 325mg/codeine 60mg |
23 |
1/21/97 |
|
300170 |
APAP 325mg/codeine 60mg |
23 |
2/4/97 |
|
301423 |
APAP 325mg/codeine 60mg |
23 |
2/14/97 |
|
301423 |
APAP 325mg/codeine 60mg |
23 |
3/3/97 |
|
302874 |
APAP 325mg/codeine 60mg |
23 |
3/18/97 |
|
302874 |
APAP 325mg/codeine 60mg |
23 |
3/31/97 |
|
303980 |
APAP 325mg/codeine 60mg |
46 |
4/15/97 |
|
303980 |
APAP 325mg/codeine 60mg |
46 |
5/12/97 |
|
306703 |
APAP 325mg/codeine 60mg |
46 |
6/10/97 |
|
306703 |
APAP 325mg/codeine 60mg |
46 |
7/2/97 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(52) Suellen Ogden, as the
Responsible Pharmacist did, from January 3, 1996, through June 25,1996,
knowingly sell or offer to sell a controlled substance in an amount greater
than three times the bulk amount, but in an amount less than one hundred times
that amount when the conduct was not in accordance with Chapters 3719., 4729.,
and 4731. of the Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under
her control at Chesterfield Pharmacy sold the following controlled substances
to Patient #14 without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23110472 |
hydrocodone 5mg/APAP 500mg |
120 |
1/3/96 |
|
23116146 |
hydrocodone 5mg/APAP 500mg |
120 |
1/20/96 |
|
23116146 |
hydrocodone 5mg/APAP 500mg |
120 |
1/29/96 |
|
23116146 |
hydrocodone 5mg/APAP 500mg |
120 |
2/7/96 |
|
23116146 |
hydrocodone 5mg/APAP 500mg |
120 |
2/16/96 |
|
23116146 |
hydrocodone 5mg/APAP 500mg |
120 |
2/26/96 |
|
23116146 |
hydrocodone 5mg/APAP 500mg |
120 |
3/6/96 |
|
23119399 |
hydrocodone 5mg/APAP 500mg |
120 |
3/16/96 |
|
23119399 |
hydrocodone 5mg/APAP 500mg |
120 |
3/26/96 |
|
23119399 |
hydrocodone 5mg/APAP 500mg |
120 |
4/9/96 |
|
23119399 |
hydrocodone 5mg/APAP 500mg |
120 |
4/19/96 |
|
23119399 |
hydrocodone 5mg/APAP 500mg |
120 |
4/30/96 |
|
23119399 |
hydrocodone 5mg/APAP 500mg |
120 |
5/10/96 |
|
23123282 |
hydrocodone 5mg/APAP 500mg |
120 |
5/24/96 |
|
23123282 |
hydrocodone 5mg/APAP 500mg |
120 |
6/3/96 |
|
23123282 |
hydrocodone 5mg/APAP 500mg |
120 |
6/12/96 |
|
23123282 |
hydrocodone 5mg/APAP 500mg |
120 |
6/25/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(53) Suellen Ogden, as the
Responsible Pharmacist did, from July 10, 1996, through January 17, 1997,
knowingly sell or offer to sell a controlled substance in an amount exceeding
five times the bulk amount, but in an amount less than fifty times that amount
when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of
the Ohio Revised Code, to wit: Suellen Ogden or a pharmacist under her control
at Chesterfield Pharmacy sold the following controlled substances to Patient
#14 without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23123282 |
hydrocodone 5mg/APAP 500mg |
120 |
7/10/96 |
|
23123282 |
hydrocodone 5mg/APAP 500mg |
120 |
7/20/96 |
|
23127578 |
hydrocodone 5mg/APAP 500mg |
120 |
8/12/96 |
|
23127578 |
hydrocodone 5mg/APAP 500mg |
120 |
8/21/96 |
|
23127578 |
hydrocodone 5mg/APAP 500mg |
120 |
8/30/96 |
|
23127578 |
hydrocodone 5mg/APAP 500mg |
120 |
9/9/96 |
|
23127578 |
hydrocodone 5mg/APAP 500mg |
120 |
9/18/96 |
|
23127578 |
hydrocodone 5mg/APAP 500mg |
120 |
9/28/96 |
|
23132338 |
hydrocodone 5mg/APAP 500mg |
120 |
11/12/96 |
|
23132338 |
hydrocodone 5mg/APAP 500mg |
120 |
11/23/96 |
|
23132338 |
hydrocodone 5mg/APAP 500mg |
120 |
12/5/96 |
|
23132338 |
hydrocodone 5mg/APAP 500mg |
120 |
12/20/96 |
|
23132338 |
hydrocodone 5mg/APAP 500mg |
120 |
1/2/97 |
|
23132338 |
hydrocodone 5mg/APAP 500mg |
120 |
1/17/97 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(54) Suellen Ogden did, on or about
October 22, 1999, plead guilty to three counts of Illegal Processing of Drug
Documents in violation of Section 2925.23 of the Ohio Revised Code, one a
felony of the third degree, one a felony of the fourth degree, and one a felony
of the fifth degree. State of Ohio
vs. Suellen Ogden, Case No. CR 359485, Cuyahoga County Common Pleas
Court.
WHEREAS, Suellen Ogden denies some or all of the
allegations or charges. Notwithstanding
Suellen Ogden's denial of the allegations, the Board hereby adjudicates the
same.
WHEREAS, Suellen Ogden admits and acknowledges that
she is not a "prevailing eligible party" for purposes of Sections
119.092 and 2335.39 of the Revised Code.
Further, Suellen Ogden waives any rights she may have under Sections
119.092 and 2335.39 of the Revised Code.
WHEREAS, Suellen Ogden, with intention of binding
herself and her successors in interest and assigns, hereby releases, and holds
harmless from liability and forever discharges the State of Ohio, the Board,
the Ohio Attorney General, and any and all of their present and former members,
officers, attorneys, agents and employees, personally and in their official
capacities, from any and all claims, demands, causes of actions, judgments, or
executions that she ever had, or now has or may have, known or unknown, or that
anyone claiming through or under her may have or claims to have, created by or
arising out of the allegations or charges filed by the Board against Suellen
Ogden set forth in the Notices of Opportunity for Hearing.
WHEREAS, Suellen Ogden acknowledges that she 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.
THEREFORE, the parties, in consideration of the
mutual covenants and promises contained herein, and in lieu of any further
formal proceedings at this time, and intending to be bound by said covenants,
agree as follows:
(A) The Summary
Suspension Order issued by the Board is removed as of the effective date of
this agreement.
(B) A three-year
suspension of Suellen Ogden's pharmacist identification card, No. 03‑1-20832,
to be calculated from the effective date of the Summary Suspension of her
license (November 23, 1999).
(1) Suellen Ogden may
be employed by or work in a facility licensed by the State Board of Pharmacy to
possess or distribute dangerous drugs during such period of suspension, however
her duties must be outside the confines of the barricaded pharmacy area. This term includes allowing Suellen Ogden to
work as a pharmaceutical drug representative.
(2) Division (B) of
Section 4729.16 of the Revised Code provides that: "Any individual whose identification card is revoked,
suspended, or refused, shall return the identification card and license [wall
certificate] to the offices of the state board of pharmacy within ten days
after receipt of notice of such action."
The certificate and identification card should be forwarded by certified
mail, return receipt requested.
(C) Suellen Ogden must
take and successfully complete the Jurisprudence examination offered by the
Board prior to reinstatement and, if Suellen Ogden has not successfully
completed the Jurisprudence examination prior to November 23, 2002, her license
will remain suspended until this condition has been achieved.
(D) Suellen Ogden's
license, upon the completion of the terms of suspension and after having passed
the Jurisprudence examination, will be issued automatically upon renewal which
will require submission of continuing pharmacy education as set forth in
Chapter 4729-7 of the Ohio Administrative Code.
(E) Upon
reinstatement, Suellen Ogden's pharmacist identification card, No. 03-1-20832,
will be placed on probation for five years.
The terms of probation are as follows:
(1) The State Board of
Pharmacy hereby declares that Suellen Ogden'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) Suellen Ogden may
not serve as a responsible pharmacist.
(3) Suellen Ogden must
not violate the drug laws of the state of Ohio, any other state, or the federal
government.
(4) Suellen Ogden must
abide by the rules of the State Board of Pharmacy.
(5) Suellen Ogden must
comply with the terms of this agreement.
(F) If, in the
judgment of the Board, Suellen Ogden appears to have violated or breached any
terms or conditions of this agreement, the 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.
THIS AGREEMENT EMBODIES THE ENTIRE AGREEMENT BETWEEN
AND OF THE PARTIES. THERE ARE NO
EXPRESSED OR IMPLIED PROMISES, GUARANTEES, TERMS, COVENANTS, CONDITIONS, OR
OBLIGATIONS OTHER THAN THOSE CONTAINED HEREIN; AND THIS AGREEMENT SUPERSEDES
ALL PREVIOUS COMMUNICATIONS, REPRESENTATIONS, OR AGREEMENTS, EITHER VERBAL OR
WRITTEN, BETWEEN THE PARTIES.
THE PARTIES HERETO
ACKNOWLEDGE THAT THIS 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/ Suellen
Ogden |
|
/d/ 3/24/00 |
|
Suellen Ogden, Respondent |
|
Date of Signature |
|
|
|
|
|
/s/ Bruce
A. Zaccagnini |
|
/d/ 3/28/00 |
|
Bruce A. Zaccagnini, Attorney for Respondent |
|
Date of Signature |
|
|
|
|
|
/s/ Robert
B. Cavendish |
|
/d/ 4/3/00 |
|
Robert B. Cavendish, President, Ohio State
Board of Pharmacy |
|
Date of Signature |
|
|
|
|
|
/s/ Sally
Ann Steuk |
|
/d/ 3-29-00 |
|
Sally Ann Steuk, Ohio Assistant Attorney
General |
|
Date of Signature |
RES. 2000-156 Further, Mr. Winsley announced that John H. Lafferty, R.Ph. and Imogene Carol Maynard, R.Ph. refused to sign their Settlement Agreements, but since they signed the following Memorandum of Agreement, the Settlement Agreements became effective April 3, 2000:
MEMORANDUM OF AGREEMENT
The following terms of settlement have been reached by the parties, the Ohio State Board of Pharmacy and Respondents Ogden, Maynard, and Lafferty:
Ogden:
· Three year suspension, begin dated as of the date of the summary suspension;
· five years probation to commence after the term of suspension, terms include: cannot be responsible pharmacist and cannot be a preceptor;
· must take and pass the Ohio jurisprudence examination prior to reinstatement;
· may work in a facility licensed by the Board but job duties must be outside the confines of the barricaded pharmacy area; this term includes allowing Respondent to work as a pharmaceutical drug representative.
Maynard:
· one year suspension;
· two years probation to commence after the term of suspension, terms include: cannot be responsible pharmacist and cannot be a preceptor;
· must take and pass the Ohio jurisprudence examination prior to reinstatement;
· may work in a facility licensed by the Board but job duties must be outside the confines of the barricaded pharmacy area; this term includes allowing Respondent to work as a pharmaceutical drug representative.
Lafferty:
· one year suspension;
· two years probation to commence after the term of suspension, terms include: cannot be responsible pharmacist and cannot be a preceptor;
· must take and pass the Ohio jurisprudence examination prior to reinstatement;
· may work in a facility licensed by the Board but job duties must be outside the confines of the barricaded pharmacy area; this term includes allowing Respondent to work as a pharmaceutical drug representative.
For all respondents, upon the completion of the terms of suspension, and having passed the jurisprudence examination, the licenses will be issued automatically upon renewal, which may require submission of continuing pharmacy education data.
Dated
/d/ February
21, 2000 ; As agreed:
/s/ W T Winsley
Executive Director, Ohio State Board of Pharmacy
/s/ Imogene C Maynard
Respondent
/s/ David W. Grauer
Attorney
/s/ Suellen Ogden
Respondent
/s/ Bruce A. Zaccagnini
Attorney
/s/ John H. Lafferty
Respondent
/s/ Spiros E. Gonakis
Attorney
SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY
(Docket
No. D-990726-009)
In
The Matter Of:
IMOGENE CAROL MAYNARD, R.Ph.
17004
Melgrave Avenue
Cleveland,
Ohio 44135
(R.Ph. No. 03-1-20639)
THIS SETTLEMENT AGREEMENT IS ENTERED INTO BY AND
BETWEEN IMOGENE CAROL MAYNARD 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.
IMOGENE CAROL MAYNARD VOLUNTARILY ENTERS INTO THIS
AGREEMENT BEING FULLY INFORMED OF HER 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. IMOGENE CAROL MAYNARD
ACKNOWLEDGES THAT BY ENTERING INTO THIS AGREEMENT SHE HAS WAIVED HER RIGHTS
UNDER CHAPTER 119. OF THE REVISED CODE.
WHEREAS, the State Board of Pharmacy 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 impose a
monetary penalty on the license holder for violation of any of the enumerated
grounds therein.
WHEREAS, Imogene Carol Maynard is licensed as a
registered pharmacist in the state of Ohio and, therefore, falls under the
jurisdiction of the State Board of Pharmacy.
WHEREAS, on or about July 26, 1999, and again on
November 23, 1999, pursuant to Chapter 119. of the Ohio Revised Code, Imogene
Carol Maynard was notified of the allegations or charges against her, her right
to a hearing, her rights in such hearing, and her right to submit contentions
in writing. The Notices of Opportunity
for Hearing contain the following allegations or charges:
(1) Records of the
Board of Pharmacy indicate that Imogene Carol Maynard was originally licensed
in the state of Ohio on July 28, 1994, pursuant to examination, and is
currently licensed to practice pharmacy in the state of Ohio. Further, during relevant time periods stated
herein, Imogene Carol Maynard practiced pharmacy while being employed at
Chesterfield Pharmacy in Cleveland, Ohio.
(2) Imogene Carol
Maynard did, prior to July 22, 1997, continuously fail to perform prospective
drug utilization review and patient counseling, to wit: when dispensing
medications to patients pursuant to prescriptions, Imogene Carol Maynard failed
to review the original prescriptions and/or refill information for
over-utilization, incorrect drug dosage and duration of drug treatment, and
misuse; and Imogene Carol Maynard failed to offer patient counseling. Such conduct is in violation of Rules 4729-5-20
and 4729-5-22 of the Ohio Administrative Code.
(3) Imogene Carol
Maynard did, on or about June 13, 1996, dispense drugs pursuant to improper
prescriptions and kept them in the pharmacy, to wit: Imogene Carol Maynard
failed to either record the date of the dispensing and/or manually record her
initials on original prescriptions numbered 23124405 and 23124380. Such conduct is in violation of Section
3719.07 of the Ohio Revised Code and Rule 4729-5-27(A) of the Ohio
Administrative Code.
(4) Imogene Carol
Maynard did, from February 19, 1996, through June 13, 1996, sell a controlled
substance in an amount exceeding three times the bulk amount, but in an amount
less than one hundred times that amount, when the conduct was not in accordance
with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Imogene
Carol Maynard sold the following controlled substances to Patient #1 without a
legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23117003 |
hydrocodone 5mg/APAP 500mg |
60 |
2/19/96 |
|
23118328 |
hydrocodone 5mg/APAP 500mg |
60 |
3/11/96 |
|
23118330 |
Hydromet Syrup |
240ml |
3/14/96 |
|
23121655 |
Hydromet Syrup |
240ml |
4/25/96 |
|
23123584 |
Hydromet Syrup |
240ml |
5/30/96 |
|
23123585 |
hydrocodone 5mg/APAP 500mg |
60 |
5/30/96 |
|
23123585 |
hydrocodone 5mg/APAP 500mg |
60 |
6/13/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(5) Imogene Carol
Maynard did, from July 18, 1996, through August 21, 1996, sell a controlled
substance in an amount exceeding five times the bulk amount, but in an amount
less than fifty times that amount, when the conduct was not in accordance with
Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Imogene
Carol Maynard sold the following controlled substances to Patient #1 without a
legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23125375 |
hydrocodone 5mg/APAP 500mg |
60 |
7/18/96 |
|
23127999 |
hydrocodone 5mg/APAP 500mg |
60 |
8/21/96 |
|
23128001 |
Hydromet Syrup |
240ml |
8/21/96 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(6) Imogene Carol
Maynard did, on August 21, 1996, sell a controlled substance in an amount
exceeding five times the bulk amount, but in an amount less than fifty times
that amount, when the conduct was not in accordance with Chapters 3719., 4729.,
and 4731. of the Ohio Revised Code, to wit: Imogene Carol Maynard sold 120 unit
doses of Roxicet pursuant to prescription number 23127998 to Patient #1 without
a legitimate medical purpose. Such
conduct is in violation of Section 2925.03(A) of the Ohio Revised Code.
(7) Imogene Carol
Maynard did, from March 11, 1996, through May 30, 1996, sell a controlled
substance in an amount exceeding three times the bulk amount, but in an amount
less than one hundred times that amount, when the conduct was not in accordance
with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Imogene
Carol Maynard sold the following controlled substances to Patient #2 without a
legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23118339 |
hydrocodone 5mg/APAP 500mg |
84 |
3/11/96 |
|
23119248 |
Hydromet Syrup |
240ml |
3/14/96 |
|
23119258 |
hydrocodone 5mg/APAP 500m |
125 |
3/14/96 |
|
23121647 |
Hydromet Syrup |
240ml |
4/25/96 |
|
23123589 |
Hydromet Syrup |
240ml |
5/30/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(8) Imogene Carol
Maynard did, from March 14, 1996, through May 30, 1996, sell a controlled
substance in an amount exceeding three times the bulk amount, but in an amount
less than one hundred times that amount, when the conduct was not in accordance
with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Imogene
Carol Maynard sold the following controlled substances to Patient #2 without a
legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23119259 |
Roxicet |
125 |
3/14/96 |
|
23121675 |
Roxicet |
125 |
4/25/96 |
|
23123590 |
Roxicet |
90 |
5/30/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(9) Imogene Carol
Maynard did, from July 22, 1996, through October 10, 1996, sell a controlled
substance in an amount exceeding five times the bulk amount, but in an amount
less than one hundred times that amount, when the conduct was not in accordance
with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Imogene
Carol Maynard sold the following controlled substances to Patient #2 without a
legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23125144 |
hydrocodone 5mg/APAP 500mg |
84 |
7/22/96 |
|
23127713 |
hydrocodone 5mg/APAP 500mg |
60 |
8/14/96 |
|
23128349 |
hydrocodone 5mg/APAP 500mg |
84 |
10/10/96 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(10) Imogene Carol Maynard
did, on August 14, 1996, and again on August 21, 1996, sell a controlled
substance in an amount exceeding the bulk amount, but in an amount less than
five times that amount, when the conduct was not in accordance with Chapters
3719., 4729., and 4731. of the Ohio Revised Code, to wit: on each occasion
Imogene Carol Maynard sold 60 unit doses of Roxicet pursuant to prescriptions
numbered 23127712 and 23128003 to Patient #2 without a legitimate medical
purpose. Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(11) Imogene Carol Maynard
did, on June 5, 1997, sell a controlled substance in an amount equal to or
exceeding the bulk amount, but in an amount less than five times that amount,
when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of
the Ohio Revised Code, to wit: Imogene Carol Maynard sold 120 unit doses of
alprazolam 1mg pursuant to prescription number 305243 to Patient #3 without a
legitimate medical purpose. Such
conduct is in violation of Section 2925.03(A) of the Ohio Revised Code.
(12) Imogene Carol Maynard
did, on April 16, 1997, and again on June 5, 1997, sell a controlled substance
in an amount exceeding the bulk amount, but in an amount less than five times
that amount, when the conduct was not in accordance with Chapters 3719., 4729.,
and 4731. of the Ohio Revised Code, to wit: on each occasion Imogene Carol
Maynard sold 168 unit doses of diazepam 10mg pursuant to prescription number
301671 to Patient #3 without a legitimate medical purpose. Such conduct is in violation of Section
2925.03(A) of the Ohio Revised Code.
(13) Imogene Carol Maynard
did, from November 27, 1996, through May 14, 1997, sell a controlled substance
in an amount exceeding five times the bulk amount, but in an amount less than
one hundred times that amount, when the conduct was not in accordance with
Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Imogene
Carol Maynard sold the following controlled substances to Patient #4 without a
legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23133099 |
hydrocodone 5mg/APAP 500mg |
60 |
11/27/96 |
|
23133704 |
hydrocodone bit homatropine |
240 |
12/11/96 |
|
23133099 |
hydrocodone 5mg/APAP 500mg |
60 |
12/26/96 |
|
300282 |
hydrocodone 5mg/APAP 500mg |
60 |
2/20/97 |
|
303143 |
hydrocodone 5mg/APAP 500mg |
60 |
4/16/97 |
|
304060 |
hydrocodone compound |
240 |
4/16/97 |
|
303143 |
hydrocodone 5mg/APAP 500mg |
60 |
5/14/97 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(14) Imogene Carol Maynard
did, from October 30, 1996, through June 24, 1997, sell a controlled substance
in an amount exceeding the bulk amount, but in an amount less than five times
that amount, when the conduct was not in accordance with Chapters 3719., 4729.,
and 4731. of the Ohio Revised Code, to wit: Imogene Carol Maynard sold the
following controlled substances to Patient #4 without a legitimate medical
purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23131678 |
phentermine 37.5mg |
14 |
10/30/96 |
|
23133100 |
phentermine 37.5mg |
14 |
11/27/96 |
|
23133703 |
phentermine 37.5mg |
14 |
12/11/96 |
|
304055 |
phentermine 37.5mg |
14 |
4/16/97 |
|
305478 |
phentermine 37.5mg |
14 |
5/14/97 |
|
307299 |
phentermine 37.5mg |
14 |
6/24/97 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(15) Imogene Carol Maynard
did, on June 6, 1996, and again on June 20, 1996, sell a controlled substance
in an amount less than the bulk amount when the conduct was not in accordance
with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: on each
occasion Imogene Carol Maynard sold 100 unit doses of Klonopin 2mg pursuant to
prescription number 23118704 to Patient #5 without a legitimate medical
purpose. Such conduct is in violation
of Section 2925.03(A)(1) (as was in effect during said time period) of the Ohio
Revised Code.
(16) Imogene Carol Maynard
did, from August 22, 1996, through June 24, 1997, sell a controlled substance
in an amount exceeding five times the bulk amount, but in an amount less than
fifty times that amount, when the conduct was not in accordance with Chapters
3719., 4729., and 4731. of the Ohio Revised Code, to wit: Imogene Carol Maynard
sold the following controlled substances to Patient #6 without a legitimate
medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23127583 |
Hydromet Syrup |
240 |
8/22/96 |
|
23127946 |
hydrocodone 5mg/APAP 500mg |
125 |
9/5/96 |
|
23127946 |
hydrocodone 5mg/APAP 500mg |
43 |
9/5/96 |
|
23131415 |
Hydromet Syrup |
240 |
10/24/96 |
|
300736 |
hydrocodone 5mg/APAP 500mg |
84 |
2/20/97 |
|
301605 |
Hydromet Syrup |
240 |
3/18/97 |
|
302605 |
hydrocodone 5mg/APAP 500mg |
90 |
3/19/97 |
|
305784 |
hydrocodone compound |
240ml |
6/5/97 |
|
305784 |
hydrocodone compound |
240ml |
6/19/97 |
|
307320 |
hydrocodone compound |
240ml |
6/24/97 |
|
307321 |
hydrocodone 5mg/APAP 500mg |
90 |
6/24/97 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(17) Imogene Carol Maynard
did, on February 27, 1997, sell a controlled substance in an amount exceeding
the bulk amount, but in an amount less than five times that amount, when the
conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio
Revised Code, to wit: Imogene Carol Maynard sold 240ml of Hycodan Syrup
pursuant to prescription number 302075 to Patient #7 without a legitimate
medical purpose. Such conduct is in
violation of Section 2925.03(A) of the Ohio Revised Code.
(18) Imogene Carol Maynard
did, on April 9, 1997, sell a controlled substance in an amount exceeding the
bulk amount, but in an amount less than five times that amount, when the
conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio
Revised Code, to wit: Imogene Carol Maynard sold 100 unit doses of alprazolam
2mg pursuant to prescription number 303827 to Patient #8 without a legitimate
medical purpose. Such conduct is in
violation of Section 2925.03(A) of the Ohio Revised Code.
(19) Imogene Carol Maynard
did, on March 19, 1997, and again on April 3, 1997, sell a controlled substance
in an amount exceeding the bulk amount, but in an amount less than five times
that amount, when the conduct was not in accordance with Chapters 3719., 4729.,
and 4731. of the Ohio Revised Code, to wit: on each occasion Imogene Carol
Maynard sold 90 unit doses of diazepam 10mg pursuant to prescription number
302195 to Patient #8 without a legitimate medical purpose. Such conduct is in violation of Section 2925.03(A)
of the Ohio Revised Code.
(20) Imogene Carol Maynard
did, on March 19, 1997, and again on April 9, 1997, sell a controlled substance
in an amount less than the bulk amount when the conduct was not in accordance
with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: on each
occasion Imogene Carol Maynard sold 30 unit doses of oxazepam 30mg pursuant to
prescriptions numbered 302199 and 303825 to Patient #8 without a legitimate
medical purpose. Such conduct is in
violation of Section 2925.03(A) of the Ohio Revised Code.
(21) Imogene Carol Maynard
did, on May 16, 1996, sell a controlled substance in an amount less than the
bulk amount when the conduct was not in accordance with Chapters 3719., 4729.,
and 4731. of the Ohio Revised Code, to wit: Imogene Carol Maynard sold 14 unit
doses of Ionamin 30mg pursuant to prescription number 23122897 to Patient #9
without a legitimate medical purpose.
Such conduct is in violation of Section 2925.03(A)(1) (as was in effect
during said time period) of the Ohio Revised Code.
(22) Imogene Carol Maynard
did, on January 31, 1996, sell a controlled substance in an amount less than
the bulk amount when the conduct was not in accordance with Chapters 3719.,
4729., and 4731. of the Ohio Revised Code, to wit: Imogene Carol Maynard sold 42
unit doses of Pondimin 20mg pursuant to prescription number 23116677 to Patient
#9 without a legitimate medical purpose.
Such conduct is in violation of Section 2925.03(A)(1) (as was in effect
during said time period) of the Ohio Revised Code.
(23) Imogene Carol Maynard
did, on April 16, 1997, sell a controlled substance in an amount exceeding the
bulk amount, but in an amount less than five times that amount, when the
conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio
Revised Code, to wit: Imogene Carol Maynard sold 125 unit doses of oxycodone
4.88mg/ASA 325mg pursuant to prescription number 304065 to Patient #10 without
a legitimate medical purpose. Such
conduct is in violation of Section 2925.03(A) of the Ohio Revised Code.
(24) Imogene Carol Maynard
did, from March 6, 1997, through June 12, 1997, sell a controlled substance in
an amount exceeding five times the bulk amount, but in an amount less than
fifty times that amount, when the conduct was not in accordance with Chapters
3719., 4729., and 4731. of the Ohio Revised Code, to wit: Imogene Carol Maynard
sold the following controlled substances to Patient #10 without a legitimate
medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
301921 |
Hydromet Syrup |
240ml |
3/6/97 |
|
301921 |
Hydromet Syrup |
240ml |
3/20/97 |
|
304064 |
hydrocodone compound syrup |
240ml |
4/16/97 |
|
306538 |
hydrocodone compound syrup |
240ml |
6/12/97 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(25) Imogene Carol Maynard
did, from March 7, 1996, through June 27, 1996, sell a controlled substance in
an amount equal to or exceeding three times the bulk amount, but in an amount
less than one hundred times that amount, when the conduct was not in accordance
with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Imogene
Carol Maynard sold the following controlled substances to Patient #11 without a
legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23118772 |
APAP 325mg/codeine 15mg |
90 |
3/7/96 |
|
23118772 |
APAP 325mg/codeine 15mg |
90 |
5/2/96 |
|
23123558 |
APAP 325mg/codeine 15mg |
90 |
5/30/96 |
|
23123558 |
APAP 325mg/codeine 15mg |
90 |
6/27/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(26) Imogene Carol Maynard
did, from January 25, 1996, through June 27, 1996, sell a controlled substance
in an amount exceeding three times the bulk amount, but in an amount less than
one hundred times that amount, when the conduct was not in accordance with
Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Imogene
Carol Maynard sold the following controlled substances to Patient #11 without a
legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23115565 |
hydrocodone 5mg/APAP 500mg |
90 |
1/25/96 |
|
23118771 |
hydrocodone 5mg/APAP 500mg |
90 |
3/7/96 |
|
23122105 |
hydrocodone 5mg/APAP 500mg |
90 |
5/2/96 |
|
23123560 |
hydrocodone 5mg/APAP 500mg |
90 |
5/30/96 |
|
23125201 |
hydrocodone 5mg/APAP 500mg |
90 |
6/27/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(27) Imogene Carol Maynard
did, on October 2, 1996, and again on October 17, 1996, sell a controlled
substance in an amount exceeding the bulk amount, but in an amount less than
five times that amount, when the conduct was not in accordance with Chapters
3719., 4729., and 4731. of the Ohio Revised Code, to wit: on each occasion
Imogene Carol Maynard sold 90 unit doses of APAP 325mg/codeine 15mg pursuant to
prescription number 23129371 to Patient #11 without a legitimate medical
purpose. Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(28) Imogene Carol Maynard
did, on October 2, 1996, sell a controlled substance in an amount exceeding the
bulk amount, but in an amount less than five times that amount, when the
conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio
Revised Code, to wit: Imogene Carol Maynard sold 90 unit doses of hydrocodone
5mg/APAP 500mg pursuant to prescription number 23129372 to Patient #11 without
a legitimate medical purpose. Such
conduct is in violation of Section 2925.03(A) of the Ohio Revised Code.
(29) Imogene Carol Maynard
did, on March 11, 1996, sell a controlled substance in an amount equal to or
exceeding the bulk amount, but in an amount less than three times that amount,
when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of
the Ohio Revised Code, to wit: Imogene Carol Maynard sold 60 unit doses of
hydrocodone 5mg/APAP 500mg pursuant to
prescription number 23115157 to Patient #12 without a legitimate medical
purpose. Such conduct is in violation
of Section 2925.03(A)(5) (as was in effect during said time period) of the Ohio
Revised Code.
(30) Imogene Carol Maynard
did, on September 5, 1996, sell a controlled substance in an amount exceeding
the bulk amount, but in an amount less than five times that amount, when the
conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio
Revised Code, to wit: Imogene Carol Maynard sold 60 unit doses of hydrocodone
5mg/APAP 500mg pursuant to prescription number 23127790 to Patient #12 without
a legitimate medical purpose. Such
conduct is in violation of Section 2925.03(A) of the Ohio Revised Code.
(31) Imogene Carol Maynard
did, on September 10, 1996, sell a controlled substance in an amount exceeding
the bulk amount, but in an amount less than five times that amount, when the
conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio
Revised Code, to wit: Imogene Carol Maynard sold 125 unit doses of Roxiprin
pursuant to prescription number 23128933 to Patient #12 without a legitimate
medical purpose. Such conduct is in
violation of Section 2925.03(A) of the Ohio Revised Code.
(32) Imogene Carol Maynard
did, on June 21, 1996, sell a controlled substance in an amount equal to or
exceeding the bulk amount, but in an amount less than three times that amount,
when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of
the Ohio Revised Code, to wit: Imogene Carol Maynard sold 60 unit doses of
hydrocodone 7.5mg/APAP 650mg pursuant to prescription number 23121075 to
Patient #13 without a legitimate medical purpose. Such conduct is in violation of Section 2925.03(A)(5) (as was in
effect during said time period) of the Ohio Revised Code.
(33) Imogene Carol Maynard
did, on June 21, 1996, sell a controlled substance in an amount equal to or
exceeding the bulk amount, but in an amount less than three times that amount,
when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of
the Ohio Revised Code, to wit: Imogene Carol Maynard sold 60 unit doses of APAP
325mg/codeine 30mg pursuant to prescription number 23121076 to Patient #13
without a legitimate medical purpose.
Such conduct is in violation of Section 2925.03(A)(5) (as was in effect
during said time period) of the Ohio Revised Code.
(34) Imogene Carol Maynard
did, from August 21, 1996, through September 18, 1996, sell a controlled
substance in an amount exceeding the bulk amount, but in an amount less than
five times that amount, when the conduct was not in accordance with Chapters
3719., 4729., and 4731. of the Ohio Revised Code, to wit: Imogene Carol Maynard
sold the following controlled substances to Patient #13 without a legitimate
medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23127960 |
hydrocodone 5mg/APAP 500mg |
38 |
8/21/96 |
|
23128633 |
hydrocodone 5mg/APAP 500mg |
34 |
9/5/96 |
|
23129321 |
hydrocodone 5mg/APAP 500mg |
38 |
9/18/96 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(35) Imogene Carol Maynard
did, from August 21, 1996, through September 18, 1996, sell a controlled
substance in an amount exceeding the bulk amount, but in an amount less than
five times that amount, when the conduct was not in accordance with Chapters
3719., 4729., and 4731. of the Ohio Revised Code, to wit: Imogene Carol Maynard
sold the following controlled substances to Patient #13 without a legitimate
medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23127959 |
APAP 325mg/codeine 30mg |
42 |
8/21/96 |
|
23128632 |
APAP 325mg/codeine 30mg |
42 |
9/5/96 |
|
23129320 |
APAP 325mg/codeine 60mg |
38 |
9/18/96 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(36) Imogene Carol Maynard
did, from August 21, 1996, through December 5, 1996, sell a controlled
substance in an amount exceeding five times the bulk amount, but in an amount
less than fifty times that amount, when the conduct was not in accordance with
Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Imogene
Carol Maynard sold the following controlled substances to Patient #14 without a
legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23127578 |
hydrocodone 5mg/APAP 500mg |
120 |
8/21/96 |
|
23127578 |
hydrocodone 5mg/APAP 500mg |
120 |
9/18/96 |
|
23132338 |
hydrocodone 5mg/APAP 500mg |
120 |
12/5/96 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(37) Imogene Carol Maynard
did, on or about October 25, 1999, plead guilty to two counts of Attempted
Illegal Processing of Drug Documents in violation of Section 2923.02 of the
Ohio Revised Code as it relates to Section 2925.23 of the Ohio Revised Code,
misdemeanors of the first degree. State
of Ohio vs. Imogene C. Maynard, Case No. CR 359485, Cuyahoga County Common
Pleas Court.
WHEREAS, Imogene Carol Maynard denies some or all of
the allegations or charges. Notwithstanding
Imogene Carol Maynard's denial of the allegations, the Board hereby adjudicates
the same.
WHEREAS, Imogene Carol Maynard admits and
acknowledges that she is not a "prevailing eligible party" for
purposes of Sections 119.092 and 2335.39 of the Revised Code. Further, Imogene Carol Maynard waives any
rights she may have under Sections 119.092 and 2335.39 of the Revised Code.
WHEREAS, Imogene Carol Maynard, with intention of binding
herself and her successors in interest and assigns, hereby releases, and holds
harmless from liability and forever discharges the State of Ohio, the Board,
the Ohio Attorney General, and any and all of their present and former members,
officers, attorneys, agents and employees, personally and in their official
capacities, from any and all claims, demands, causes of actions, judgments, or
executions that she ever had, or now has or may have, known or unknown, or that
anyone claiming through or under her may have or claims to have, created by or
arising out of the allegations or charges filed by the Board against Imogene
Carol Maynard set forth in the Notices of Opportunity for Hearing.
WHEREAS, Imogene Carol Maynard acknowledges that she
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.
THEREFORE, the parties, in consideration of the
mutual covenants and promises contained herein, and in lieu of any further
formal proceedings at this time, and intending to be bound by said covenants,
agree as follows:
(A) A one-year
suspension of Imogene Carol Maynard's pharmacist identification card, No. 03‑1-20639,
to begin on the effective date of this agreement.
(1) Imogene Carol
Maynard may be employed by or work in a facility licensed by the State Board of
Pharmacy to possess or distribute dangerous drugs during such period of
suspension, however her duties must be outside the confines of the barricaded
pharmacy area. This term includes
allowing Imogene Carol Maynard to work as a pharmaceutical drug representative.
(2) Division (B) of
Section 4729.16 of the Revised Code provides that: "Any individual whose identification card is revoked,
suspended, or refused, shall return the identification card and license [wall
certificate] to the offices of the state board of pharmacy within ten days
after receipt of notice of such action."
The certificate and identification card should be forwarded by certified
mail, return receipt requested.
(B) Imogene Carol
Maynard must take and successfully complete the Jurisprudence examination
offered by the Board prior to reinstatement and, if Imogene Carol Maynard has
not successfully completed the Jurisprudence examination prior to one year from
the effective date of this agreement, her license will remain suspended until
this condition has been achieved.
(C) Imogene Carol
Maynard's license, upon the completion of the terms of suspension and after
having passed the Jurisprudence examination, will be issued automatically upon
renewal which may require submission of continuing pharmacy education as set
forth in Chapter 4729-7 of the Ohio Administrative Code.
(D) Upon reinstatement,
Imogene Carol Maynard's pharmacist identification card, No. 03-1-20639, will be
placed on probation for two years. The
terms of probation are as follows:
(1) The State Board of
Pharmacy hereby declares that Imogene Carol Maynard'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) Imogene Carol
Maynard may not serve as a responsible pharmacist.
(3) Imogene Carol
Maynard must not violate the drug laws of the state of Ohio, any other state,
or the federal government.
(4) Imogene Carol
Maynard must abide by the rules of the State Board of Pharmacy.
(5) Imogene Carol
Maynard must comply with the terms of this agreement.
(E) If, in the
judgment of the Board, Imogene Carol Maynard appears to have violated or
breached any terms or conditions of this agreement, the 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.
THIS AGREEMENT EMBODIES THE ENTIRE AGREEMENT BETWEEN
AND OF THE PARTIES. THERE ARE NO
EXPRESSED OR IMPLIED PROMISES, GUARANTEES, TERMS, COVENANTS, CONDITIONS, OR
OBLIGATIONS OTHER THAN THOSE CONTAINED HEREIN; AND THIS AGREEMENT SUPERSEDES
ALL PREVIOUS COMMUNICATIONS, REPRESENTATIONS, OR AGREEMENTS, EITHER VERBAL OR
WRITTEN, BETWEEN THE PARTIES.
THE PARTIES HERETO ACKNOWLEDGE THAT THIS 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.
|
|
|
|
|
Imogene Carol Maynard, Respondent |
|
Date of Signature |
|
|
|
|
|
|
|
|
|
David W. Grauer, Attorney for Respondent |
|
Date of Signature |
|
|
|
|
|
|
|
|
|
Robert B. Cavendish, President, Ohio State
Board of Pharmacy |
|
Date of Signature |
|
|
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Sally Ann Steuk, Ohio Assistant Attorney
General |
|
Date of Signature |
SETTLEMENT AGREEMENT WITH THE
STATE BOARD OF PHARMACY
(Docket No. D-990726-008)
In The Matter Of:
JOHN H. LAFFERTY, R.Ph.
23951 Lakeshore Blvd., Ph 1
and 2
Cleveland, Ohio 44123
(R.Ph. No. 03-3-09658)
THIS SETTLEMENT AGREEMENT IS ENTERED INTO BY AND
BETWEEN JOHN H. LAFFERTY 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.
JOHN H. LAFFERTY 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. JOHN H. LAFFERTY
ACKNOWLEDGES THAT BY ENTERING INTO THIS AGREEMENT HE HAS WAIVED HIS RIGHTS UNDER
CHAPTER 119. OF THE REVISED CODE.
WHEREAS, the State Board of Pharmacy 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 impose a
monetary penalty on the license holder for violation of any of the enumerated
grounds therein.
WHEREAS, John H. Lafferty is licensed as a
registered pharmacist in the state of Ohio and, therefore, falls under the
jurisdiction of the State Board of Pharmacy.
WHEREAS, on or about July 26, 1999, and again on
November 23, 1999, pursuant to Chapter 119. of the Ohio Revised Code, John H.
Lafferty 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. The Notices of Opportunity for
Hearing contain the following allegations or charges:
(1) Records of the
Board of Pharmacy indicate that John H. Lafferty 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. Further, during relevant time periods stated herein, John H.
Lafferty practiced pharmacy while being employed at Chesterfield Pharmacy in
Cleveland, Ohio.
(2) John H. Lafferty
did, prior to July 22, 1997, continuously fail to perform prospective drug
utilization review and patient counseling, to wit: when dispensing medications
to patients pursuant to prescriptions, John H. Lafferty failed to review the
original prescriptions and/or refill information for over-utilization,
incorrect drug dosage and duration of drug treatment, and misuse; and he failed
to offer patient counseling. Such
conduct is in violation of Rules 4729-5-20 and 4729-5-22 of the Ohio
Administrative Code.
(3) John H.
Lafferty did, from December 13, 1995, through June 29, 1996, dispense drugs
pursuant to improper prescriptions and kept them in the pharmacy, to wit: John
H. Lafferty failed to either record the date of the dispensing and/or manually
record his initials on original prescriptions numbered 23113937, 23113939,
23119726, and 23125375. Such conduct is
in violation of Section 3719.07 of the Ohio Revised Code and Rule 4729-5-27(A)
of the Ohio Administrative Code.
(4) John H.
Lafferty did, from February 10, 1996, through June 29, 1996, sell a controlled
substance in an amount exceeding three times the bulk amount, but in an amount
less than one hundred times that amount, when the conduct was not in accordance
with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: John H.
Lafferty sold the following controlled substances to Patient #1 without a
legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23117006 |
Hydromet Syrup |
240ml |
2/10/96 |
|
23117006 |
Hydromet Syrup |
240ml |
2/15/96 |
|
23117003 |
hydrocodone 5mg/APAP 500mg |
60 |
2/24/96 |
|
23118330 |
Hydromet Syrup |
240ml |
3/9/96 |
|
23121655 |
Hydromet Syrup |
240ml |
5/4/96 |
|
23125375 |
hydrocodone 5mg/APAP 500mg |
60 |
6/29/96 |
|
23125376 |
Hydromet Syrup |
240ml |
6/29/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(5) John H.
Lafferty did, from July 25, 1996, through August 13, 1996, sell a controlled
substance in an amount exceeding the bulk amount, but in an amount less than five
times that amount, when the conduct was not in accordance with Chapters 3719.,
4729., and 4731. of the Ohio Revised Code, to wit: John H. Lafferty sold the
following controlled substances to Patient #1 without a legitimate medical
purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23125375 |
hydrocodone 5mg/APAP 500mg |
60 |
7/25/96 |
|
23127024 |
Hydromet Syrup |
240ml |
8/9/96 |
|
23127026 |
hydrocodone 5mg/APAP 500mg |
60 |
8/13/96 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(6) John H. Lafferty
did, from November 15, 1995, through January 11, 1996, sell a controlled
substance in an amount exceeding three times the bulk amount, but in an amount
less than one hundred times that amount, when the conduct was not in accordance
with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: John H.
Lafferty sold the following controlled substances to Patient #2 without a
legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23110601 |
hydrocodone 5mg/APAP 500mg |
100 |
11/15/95 |
|
23113937 |
Hydromet Syrup |
240ml |
12/13/95 |
|
23113939 |
hydrocodone 5mg/APAP 500mg |
84 |
12/13/95 |
|
23113937 |
Hydromet Syrup |
240ml |
12/16/95 |
|
23115287 |
Hydromet Syrup |
240ml |
1/11/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(7) John H.
Lafferty did, on or about December 13, 1995, sell a controlled substance in an
amount equal to or exceeding three times the bulk amount, but in an amount less
than one hundred times that amount, when the conduct was not in accordance with
Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: John H.
Lafferty sold 90 unit doses of Roxicet pursuant to prescription number 23113938
to Patient #2 without a legitimate medical purpose. Such conduct is in violation of Section 2925.03(A)(7) (as was in
effect during said time period) of the Ohio Revised Code.
(8) John H.
Lafferty did, on or about September 21, 1996, sell a controlled substance in an
amount exceeding the bulk amount, but in an amount less than five times that
amount, when the conduct was not in accordance with Chapters 3719., 4729., and
4731. of the Ohio Revised Code, to wit: John H. Lafferty sold 84 unit doses of
hydrocodone 5mg/APAP 500mg pursuant to prescription number 23128349 to Patient #2
without a legitimate medical purpose.
Such conduct is in violation of Section 2925.03(A) of the Ohio Revised
Code.
(9) John H.
Lafferty did, on March 22, 1996, and again on June 28, 1996, sell a controlled
substance in an amount exceeding the bulk amount, but in an amount less than
three times that amount, when the conduct was not in accordance with Chapters
3719., 4729., and 4731. of the Ohio Revised Code, to wit: on each occasion John
H. Lafferty sold 112 unit doses of alprazolam 1mg pursuant to prescriptions
numbered 23119729 and 23125306 to Patient #3 without a legitimate medical
purpose. Such conduct is in violation
of Section 2925.03(A)(5) (as was in effect during said time period) of the Ohio
Revised Code.
(10) John H. Lafferty did, on
March 22, 1996, and again on June 28, 1996, sell a controlled substance in an
amount exceeding the bulk amount, but in an amount less than three times that
amount, when the conduct was not in accordance with Chapters 3719., 4729., and
4731. of the Ohio Revised Code, to wit: on each occasion John H. Lafferty sold
168 unit doses of diazepam 10mg pursuant to prescription number 23119726 to
Patient #3 without a legitimate medical purpose. Such conduct is in violation of Section 2925.03(A)(5) (as was in
effect during said time period) of the Ohio Revised Code.
(11) John H. Lafferty did, on
or about August 16, 1996, sell a controlled substance in an amount less than
the bulk amount when the conduct was not in accordance with Chapters 3719.,
4729., and 4731. of the Ohio Revised Code, to wit: John H. Lafferty sold 112
unit doses of alprazolam 1mg pursuant to prescription number 23127783 to
Patient #3 without a legitimate medical purpose. Such conduct is in violation of Section 2925.03(A) of the Ohio
Revised Code.
(12) John H. Lafferty did, on
or about August 16, 1996, and again on February 19, 1997, sell a controlled
substance in an amount exceeding the bulk amount, but in an amount less than
five times that amount, when the conduct was not in accordance with Chapters
3719., 4729., and 4731. of the Ohio Revised Code, to wit: on each occasion John
H. Lafferty sold 168 unit doses of diazepam 10mg pursuant to prescriptions
numbered 23127786 and 301671 to Patient #3 without a legitimate medical
purpose. Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(13) John H. Lafferty did, on
August 23, 1995, and again on September 6, 1995, sell a controlled substance in
an amount less than the bulk amount when the conduct was not in accordance with
Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: on each
occasion John H. Lafferty sold 14 unit doses of phentermine 37.5mg pursuant to
prescriptions numbered 23107624 and 23108336 to Patient #4 without a legitimate
medical purpose. Such conduct is in
violation of Section 2925.03(A)(1) (as was in effect during said time period)
of the Ohio Revised Code.
(14) John H. Lafferty did,
from November 14, 1996, through June 13, 1997, sell a controlled substance in
an amount exceeding the five times the bulk amount, but in an amount less than
fifty times that amount, when the conduct was not in accordance with Chapters
3719., 4729., and 4731. of the Ohio Revised Code, to wit: John H. Lafferty sold
the following controlled substances to Patient #4 without a legitimate medical
purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23131680 |
hydrocodone 5mg/APAP 500mg |
60 |
11/14/96 |
|
23132417 |
Hydromet Syrup |
240ml |
11/14/96 |
|
23133101 |
hydrocodone bit homatropine |
240ml |
11/30/96 |
|
23133099 |
hydrocodone 5mg/APAP 500mg |
60 |
1/14/97 |
|
305948 |
hydrocodone 5mg/APAP 500mg |
60 |
6/3/97 |
|
305948 |
hydrocodone 5mg/APAP 500mg |
60 |
6/13/97 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(15) John H. Lafferty did, on
August 7, 1996, and again on November 14, 1996, sell a controlled substance in
an amount less than the bulk amount when the conduct was not in accordance with
Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: on each
occasion John H. Lafferty sold 14 unit doses of phentermine 37.5mg pursuant to
prescriptions numbered 23127256 and 23132414 to Patient #4 without a legitimate
medical purpose. Such conduct is in
violation of Section 2925.03(A) of the Ohio Revised Code.
(16) John H. Lafferty did, on
February 8, 1996, and again on May 23, 1996, sell a controlled substance in an
amount exceeding the bulk amount, but in an amount less than three times that
amount, when the conduct was not in accordance with Chapters 3719., 4729., and
4731. of the Ohio Revised Code, to wit: John H. Lafferty sold the following
controlled substances to Patient #5 without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23113453 |
diazepam 10mg |
56 |
2/8/96 |
|
23121468 |
diazepam 10mg |
84 |
5/23/96 |
Such conduct is in violation
of Section 2925.03(A)(5) (as was in effect during said time period) of the Ohio
Revised Code.
(17) John H. Lafferty did,
from December 14, 1995, through May 23, 1996, sell a controlled substance in an
amount less than the bulk when the conduct was not in accordance with Chapters
3719., 4729., and 4731. of the Ohio Revised Code, to wit: John H. Lafferty sold
the following controlled substances to Patient #5 without a legitimate medical
purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23112912 |
Klonopin 2mg |
35 |
12/14/95 |
|
23114819 |
Klonopin 2mg |
42 |
1/13/96 |
|
23114819 |
Klonopin 2mg |
42 |
2/1/96 |
|
23114819 |
Klonopin 2mg |
42 |
2/8/96 |
|
23118704 |
Klonopin 2mg |
100 |
5/23/96 |
Such conduct is in violation
of Section 2925.03(A)(1) (as was in effect during said time period) of the Ohio
Revised Code.
(18) John H. Lafferty did,
from April 20, 1996, through May 18, 1996, sell a controlled substance in an
amount exceeding three times the bulk amount, but in an amount less than one
hundred times that amount, when the conduct was not in accordance with Chapters
3719., 4729., and 4731. of the Ohio Revised Code, to wit: John H. Lafferty sold
the following controlled substances to Patient #6 without a legitimate medical
purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23119069 |
hydrocodone 5mg/APAP 500mg |
84 |
4/20/96 |
|
23120803 |
Hydromet Syrup |
240 |
4/20/96 |
|
23121838 |
hydrocodone 5mg/APAP 500mg |
90 |
5/18/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(19) John H. Lafferty did,
from September 7, 1996, through May 31, 1997, sell a controlled substance in an
amount exceeding five times the bulk amount, but in an amount less than fifty
times that amount, when the conduct was not in accordance with Chapters 3719.,
4729., and 4731. of the Ohio Revised Code, to wit: John H. Lafferty sold the
following controlled substances to Patient #6 without a legitimate medical
purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23127583 |
Hydromet Syrup |
240 |
9/7/96 |
|
23129956 |
hydrocodone 5mg/APAP 500mg |
84 |
10/19/96 |
|
303974 |
hydrocodone 5mg/APAP 500mg |
90 |
5/3/97 |
|
303975 |
hydrocodone compound |
240 |
5/3/97 |
|
305346 |
hydrocodone 5mg/APAP 500mg |
90 |
5/31/97 |
|
305784 |
hydrocodone compound |
240 |
5/31/97 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(20) John H. Lafferty did, on
June 11, 1997, sell a controlled substance in an amount greater than the bulk
amount, but in an amount less than five times that amount, when the conduct was
not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised
Code, to wit: John H. Lafferty sold 100 unit doses of alprazolam 2mg pursuant
to prescription number 303827 to Patient #8 without a legitimate medical
purpose. Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(21) John H. Lafferty did, on
April 19, 1997, sell a controlled substance in an amount less than the bulk
amount when the conduct was not in accordance with Chapters 3719., 4729., and
4731. of the Ohio Revised Code, to wit: John H. Lafferty sold 90 unit doses of
diazepam 10mg pursuant to prescription number 302195 to Patient #8 without a
legitimate medical purpose. Such
conduct is in violation of Section 2925.03(A) of the Ohio Revised Code.
(22) John H. Lafferty did,
from October 6, 1995, through April 5, 1996, sell a controlled substance in an
amount exceeding the bulk amount, but in an amount less than three times that
amount, when the conduct was not in accordance with Chapters 3719., 4729., and
4731. of the Ohio Revised Code, to wit: John H. Lafferty sold the following
controlled substances to Patient #9 without a legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23110245 |
Pondimin 20mg |
42 |
10/6/95 |
|
23111811 |
Pondimin 20mg |
42 |
11/4/95 |
|
23118091 |
Pondimin 20mg |
42 |
2/24/96 |
|
23119753 |
Pondimin 20mg |
42 |
3/22/96 |
|
23120671 |
Pondimin 20mg |
42 |
4/5/96 |
Such conduct is in violation
of Section 2925.03(A)(5) (as was in effect during said time period) of the Ohio
Revised Code.
(23) John H. Lafferty did, on
August 24, 1996, sell a controlled substance in an amount less than the bulk
amount when the conduct was not in accordance with Chapters 3719., 4729., and
4731. of the Ohio Revised Code, to wit: John H. Lafferty sold 42 unit doses of
Pondimin 20mg pursuant to prescription number 23128189 to Patient #9 without a
legitimate medical purpose. Such
conduct is in violation of Section 2925.03(A) of the Ohio Revised Code.
(24) John H. Lafferty did, on
January 11, 1996, sell a controlled substance in an amount exceeding the bulk
amount, but in an amount less than three times that amount, when the conduct
was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised
Code, to wit: John H. Lafferty sold 240ml of Hydromet Syrup pursuant to
prescription number 23115115 to Patient #10 without a legitimate medical
purpose. Such conduct is in violation
of Section 2925.03(A)(5) (as was in effect during said time period) of the Ohio
Revised Code.
(25) John H. Lafferty did,
from December 14, 1995, through June 15, 1996, sell a controlled substance in
an amount exceeding three times the bulk amount, but in an amount less than one
hundred times that amount, when the conduct was not in accordance with Chapters
3719., 4729., and 4731. of the Ohio Revised Code, to wit: John H. Lafferty sold
the following controlled substances to Patient #11 without a legitimate medical
purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23113982 |
APAP/codeine 15mg |
90 |
12/14/95 |
|
23113982 |
APAP/codeine 15mg |
90 |
1/11/96 |
|
23113982 |
APAP/codeine 15mg |
90 |
2/8/96 |
|
23113982 |
APAP/codeine 15mg |
90 |
2/22/96 |
|
23123558 |
APAP/codeine 15mg |
90 |
6/15/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(26) John H. Lafferty did,
from December 14, 1995, through February 22, 1996, sell a controlled substance
in an amount exceeding three times the bulk amount, but in an amount less than
one hundred times that amount, when the conduct was not in accordance with
Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: John H.
Lafferty sold the following controlled substances to Patient #11 without a
legitimate medical purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23113981 |
hydrocodone 5mg/APAP 500mg |
90 |
12/14/95 |
|
23115565 |
hydrocodone 5mg/APAP 500mg |
90 |
1/11/96 |
|
23117156 |
hydrocodone 5mg/APAP 500mg |
90 |
2/8/96 |
|
23117156 |
hydrocodone 5mg/APAP 500mg |
90 |
2/22/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(27) John H. Lafferty did, on
July 25, 1996, sell a controlled substance in an amount greater than the bulk
amount, but in an amount less than five times that amount, when the conduct was
not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised
Code, to wit: John H. Lafferty sold 90 unit doses of hydrocodone 5mg/APAP 500mg
pursuant to prescription number 23126691 to Patient #11 without a legitimate
medical purpose. Such conduct is in
violation of Section 2925.03(A) of the Ohio Revised Code.
(28) John H. Lafferty did, on
April 6, 1996, sell a controlled substance in an amount exceeding the bulk
amount, but in an amount less than three times that amount, when the conduct
was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised
Code, to wit: John H. Lafferty sold 60 unit doses of hydrocodone 5mg/APAP 500mg
pursuant to prescription number 23119830 to Patient #12 without a legitimate
medical purpose. Such conduct is in
violation of Section 2925.03(A)(5) (as was in effect during said time period)
of the Ohio Revised Code.
(29) John H. Lafferty did, on
or about June 4, 1996, and again on June 28, 1996, sell a controlled substance
in an amount equal to or exceeding three times the bulk amount, but in an
amount less than one hundred times that amount, when the conduct was not in
accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to
wit: on each occasion John H. Lafferty sold 125 unit doses of Roxiprin pursuant
to prescriptions numbered 23123807 and 23125266 to Patient #12 without a
legitimate medical purpose. Such
conduct is in violation of Section 2925.03(A)(7) (as was in effect during said
time period) of the Ohio Revised Code.
(30) John H. Lafferty did, on
September 21, 1996, and again on November 16, 1996, sell a controlled substance
in an amount greater than the bulk amount, but in an amount less than five
times that amount, when the conduct was not in accordance with Chapters 3719.,
4729., and 4731. of the Ohio Revised Code, to wit: on each occasion John H.
Lafferty sold 60 unit doses of hydrocodone 5mg/APAP 500mg pursuant to prescriptions
numbered 23127790 and 23131570 to Patient #12 without a legitimate medical
purpose. Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(31) John H. Lafferty did,
from August 16, 1996, through December 17, 1996, sell a controlled substance in
an amount exceeding five times the bulk amount, but in an amount less than
fifty times that amount, when the conduct was not in accordance with Chapters
3719., 4729., and 4731. of the Ohio Revised Code, to wit: John H. Lafferty sold
the following controlled substances to Patient #12 without a legitimate medical
purpose:
|
Rx No. |
Drug |
Quantity |
Date |
|
23127789 |
Roxiprin |
125 |
08/16/96 |
|
23130204 |
Roxiprin |
125 |
10/03/96 |
|
23132829 |
Roxiprin |
125 |
11/22/96 |
|
23133921 |
oxycodone 4.88mg/ASA 325mg |
125 |
12/17/96 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(32) John H. Lafferty did, on
or about January 27, 1996, and again on April 19, 1996, sell a controlled
substance in an amount equal to or exceeding three times the bulk amount, but
in an amount less than one hundred times that amount, when the conduct was not
in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code,
to wit: John H. Lafferty sold the following controlled substances to Patient
#13 without a legitimate medical purpose.
|
Rx No. |
Drug |
Quantity |
Date |
|
23112927 |
hydrocodone 5mg/APAP 500mg |
60 |
1/27/96 |
|
23121075 |
hydrocodone 7.5mg/APAP
650mg |
60 |
4/19/96 |
Such conduct is in violation
of Section 2925.03(A)(7) (as was in effect during said time period) of the Ohio
Revised Code.
(33) John H. Lafferty did, on
January 27, 1996, and again on April 19, 1996, sell a controlled substance in
an amount exceeding the bulk amount, but in an amount less than three times
that amount, when the conduct was not in accordance with Chapters 3719., 4729.,
and 4731. of the Ohio Revised Code, to wit: on each occasion John H. Lafferty
sold 60 unit doses of acetaminophen/codeine 30mg pursuant to prescriptions
numbered 23112924 and 23121076 to Patient #13” without a legitimate medical
purpose. Such conduct is in violation
of Section 2925.03(A)(5) (as was in effect during said time period) of the Ohio
Revised Code.
(34) John H. Lafferty did, on
April 19, 1996, sell a controlled substance in an amount equal to or exceeding
three times the bulk amount, but in an amount less than one hundred times that
amount, when the conduct was not in accordance with Chapters 3719., 4729., and
4731. of the Ohio Revised Code, to wit: John H. Lafferty sold 120 unit doses of
hydrocodone 5mg/APAP 500mg pursuant to prescription number 23119399 to Patient
#14” without a legitimate medical purpose.
Such conduct is in violation of Section 2925.03(A)(7) (as was in effect
during said time period) of the Ohio Revised Code.
(35) John H. Lafferty did, on
or about October 25, 1999, plead guilty to two counts of Attempted Illegal
Processing of Drug Documents in violation of Section 2923.02 of the Ohio
Revised Code as it relates to Section 2925.23 of the Ohio Revised Code,
misdemeanors of the first degree. State
of Ohio vs. John Lafferty, Case No. CR 359485, Cuyahoga County Common Pleas
Court.
WHEREAS, John H. Lafferty
denies some or all of the allegations or charges. Notwithstanding John H. Lafferty's denial of the allegations, the
Board hereby adjudicates the same.
WHEREAS, John H. Lafferty admits and acknowledges
that he is not a "prevailing eligible party" for purposes of Sections
119.092 and 2335.39 of the Revised Code.
Further, John H. Lafferty waives any rights he may have under Sections 119.092
and 2335.39 of the Revised Code.
WHEREAS, John H. Lafferty, with intention of binding
himself and his successors in interest and assigns, hereby releases, and holds
harmless from liability and forever discharges the State of Ohio, the Board,
the Ohio Attorney General, and any and all of their present and former members,
officers, attorneys, agents and employees, personally and in their official
capacities, from any and all claims, demands, causes of actions, judgments, or
executions that he ever had, or now has or may have, known or unknown, or that
anyone claiming through or under him may have or claims to have, created by or
arising out of the allegations or charges filed by the Board against John H.
Lafferty set forth in the Notices of Opportunity for Hearing.
WHEREAS, John H. Lafferty 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.
THEREFORE, the parties, in consideration of the
mutual covenants and promises contained herein, and in lieu of any further
formal proceedings at this time, and intending to be bound by said covenants,
agree as follows:
(A) A one-year
suspension of John H. Lafferty's pharmacist identification card, No.
03-3-09658, to begin on the effective date of this agreement.
(1) John
H. Lafferty may be employed by or work in a facility licensed by the State
Board of Pharmacy to possess or distribute dangerous drugs during such period
of suspension, however his duties must be outside the confines of the
barricaded pharmacy area. This term
includes allowing John H. Lafferty to work as a pharmaceutical drug
representative.
(2) Division
(B) of Section 4729.16 of the Revised Code provides that: "Any individual whose identification
card is revoked, suspended, or refused, shall return the identification card
and license [wall certificate] to the offices of the state board of pharmacy
within ten days after receipt of notice of such action." The certificate and identification card
should be forwarded by certified mail, return receipt requested.
(B) John H.
Lafferty must take and successfully complete the Jurisprudence examination
offered by the Board prior to reinstatement and, if John H. Lafferty has not
successfully completed the Jurisprudence examination prior to one year from the
effective date of this agreement, his license will remain suspended until this
condition has been achieved.
(C) John H.
Lafferty's license, upon the completion of the terms of suspension and after
having passed the Jurisprudence examination, will be issued automatically upon
renewal which will require submission of continuing pharmacy education as set
forth in Chapter 4729-7 of the Ohio Administrative Code.
(D) Upon reinstatement,
John H. Lafferty's pharmacist identification card, No. 03-3-09658, will be
placed on probation for two years. The
terms of probation are as follows:
(1) The
State Board of Pharmacy hereby declares that John H. Lafferty'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) John
H. Lafferty may not serve as a responsible pharmacist.
(3) John
H. Lafferty must not violate the drug laws of the state of Ohio, any other
state, or the federal government.
(4) John
H. Lafferty must abide by the rules of the State Board of Pharmacy.
(5) John
H. Lafferty must comply with the terms of this agreement.
(E) If, in the
judgment of the Board, John H. Lafferty appears to have violated or breached
any terms or conditions of this agreement, the 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.
THIS AGREEMENT EMBODIES THE ENTIRE AGREEMENT BETWEEN
AND OF THE PARTIES. THERE ARE NO
EXPRESSED OR IMPLIED PROMISES, GUARANTEES, TERMS, COVENANTS, CONDITIONS, OR
OBLIGATIONS OTHER THAN THOSE CONTAINED HEREIN; AND THIS AGREEMENT SUPERSEDES
ALL PREVIOUS COMMUNICATIONS, REPRESENTATIONS, OR AGREEMENTS, EITHER VERBAL OR
WRITTEN, BETWEEN THE PARTIES.
THE PARTIES HERETO
ACKNOWLEDGE THAT THIS 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.
|
|
|
|
|
John H. Lafferty, Respondent |
|
Date of Signature |
|
|
|
|
|
|
|
|
|
Spiros E. Gonakis, Attorney for Respondent |
|
Date of Signature |
|
|
|
|
|
|
|
|
|
Robert B. Cavendish, President, Ohio State
Board of Pharmacy |
|
Date of Signature |
|
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Sally Ann Steuk, Ohio Assistant Attorney
General |
|
Date of Signature |
The Board took a brief recess.
1:09 p.m.
RES. 2000-157 The meeting resumed. The Board was joined by Mr. Ron Clarico of Amerisource. Mr. Clarico and the Board discussed a method that Amerisource was proposing to use in a central fill concept for new and refill prescriptions. After the discussion, the consensus of the members present was that this method appeared to be consistent with the Board’s rules and policies, but would be subject to inspection and final approval after it is implemented.
1:50 p.m.
RES. 2000-158 Mr. Winsley then presented a request from the National Expired and Unused Medication Drive for the Board’s approval of their program to help the public dispose of unused and unwanted medications. After discussion, the Board members felt that this program offered no benefits over similar programs that have operated in Ohio for many years that destroy the drugs immediately at the site. The members were especially concerned about the added recordkeeping involved with this program as well as the increased security risk that would occur as a result of the temporary storage of these drug products. The Board did not feel able to approve the program at this time.
2:15 p.m.
Mr. Winsley, Mr. Benedict, and the Board then discussed current and pending legislation. The discussion was based on the status listing of legislation that was distributed with the agenda for the meeting. There were no items requiring formal action by the Board.
3:00 p.m.
RES. 2000-159 The Board next discussed a proposed resolution to be offered at the Ohio State Medical Association’s meeting opposing the issue of “pill-splitting” as mandated by some insurance plans in an effort to save money. Ms. Abele moved that the Board go on record as agreeing with the intent of this proposed resolution due to the fact that such a practice would be detrimental to patient health and safety. Ms. Eastman seconded the motion and it was approved by the Board (Aye-7/Nay-0).
3:05 p.m.
The Board took a brief recess.
3:12 p.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, Littlejohn-Yes, and Repke-Yes.
3:56 p.m.
The Executive Session ended and the Board meeting recessed until Tuesday, May 2, 2000.
TUESDAY, may 2, 2000
8:05 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.
8:10 a.m.
Mr. Winsley, Mr. Benedict, Mr. McMillan, and the Board members discussed a meeting held with representatives of I-Scribe, a prescription order transmission system. The Board deferred an opinion until the June meeting so that further discussion and meetings between the Board staff and the company could occur.
RES. 2000-160 Information regarding the MedicaLogic system of prescription was also presented to the Board. After discussion, the consensus of the members present was that, subject to final inspection, this system appeared to meet the Board’s requirements.
8:35a.m.
RES. 2000-161 Mrs. Adelman and Mr. Winsley then presented two CE provider applications for the Board’s review. Mrs. Neuber moved that the Board approve the CE provider application of Grandview Hospital Pharmacy. The motion was seconded by Mr. Giacalone and approved by the Board (Aye-7/Nay-0).
RES. 2000-162 Ms. Abele then moved that the CE provider application of Cleveland Clinic Homecare be approved by the Board. The motion was seconded by Ms. Eastman and approved by the Board (Aye-7/Nay-0).
8:50 a.m.
Mr. Littlejohn arrived and joined the meeting in progress.
8:55 a.m.
The Board took a brief recess.
9:11 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 matters of Corning Fire Department Emergency Squad, T.D., Corning; Crooksville Emergency Squad, T.D., Crooksville; and United Ambulance Service, T.D., Zanesville.
11:22 a.m.
The hearing concluded and the record was closed. 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 Ms. Eastman 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.
11:50 a.m.
RES. 2000-163 The Executive Session ended and the meeting was opened to the public. Mr. Giacalone moved that the Board adopt the following Order in the matter of Corning Fire Department Emergency Squad:
ORDER OF THE STATE BOARD OF PHARMACY
(Docket
No. D-991116-032)
In
The Matter Of:
CORNING FIRE DEPARTMENT
EMERGENCY SQUAD
c/o
Stephen Ulrich, M.D.
E.
Main Street and State Route 13
P.O.
Box 429
Corning,
Ohio 43730
(Terminal Distributor No.
02-0326300)
INTRODUCTION
THE MATTER OF CORNING FIRE DEPARTMENT EMERGENCY
SQUAD CAME FOR HEARING ON MAY 2, 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.
CORNING FIRE DEPARTMENT EMERGENCY SQUAD WAS
REPRESENTED BY WALTER J. HOWDYSHELL, AND THE STATE OF OHIO WAS REPRESENTED BY
SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.
SUMMARY
OF EVIDENCE
(A) Testimony
State's Witnesses:
(1) Bill Padgett, Ohio
State Board of Pharmacy
Respondent's Witnesses:
(1) Barbara Siemer,
Captain, Corning Fire Department and Emergency Squad
(2) Stephen Ulrich,
M.D., Responsible Person for Respondent
(3) Arletha Frasure,
Mayor, Corning, Ohio
(B) Exhibits
State's Exhibits:
(1) Exhibit 1--Copy of
four-page Notice of Opportunity for Hearing dated November 16, 1999.
(2) Exhibit 1A--Hearing
Request letter dated December 7, 1999.
(3) Exhibit 1B--Copy of
Hearing Schedule letter dated December 10, 1999.
(4) Exhibit
1C--Two-page copy of Renewal Application for DDD License No. 02-0326300 for a
terminal distributor of dangerous drugs license from January 1, 2000, to
December 31, 2000, dated November 2, 1999, with attached Limited License
Personnel List.
(5) Exhibit 2--Copy of
five pages of a handwritten record showing run number, date, items used, old
lock number, new lock number, EMT initials, and medic initials dated March 19,
1998, through May 10, 1999.
(6) Exhibit
3--Copy of the cover and six pages of a handwritten record showing run number,
date, items used, old lock number, new lock number, EMT initials, and medic
initials dated April 8, 1998, through June 2, 1999.
(7) Exhibit
4--Handwritten statement of Marsha Thomas dated June 4, 1999.
(8) Exhibit
5--Handwritten statement of Glenna J. Alexander dated June 4, 1999.
(9) Exhibit 6--Two-page
handwritten statement of Mitchel Stanley, Jr. dated June 4, 1999.
(10) Exhibit 7--Copy of twenty-four
pages of Genesis Healthcare System EMS Requisitions for Crooksville EMS dated
May 22, 1999; April 27, 1999; April 20, 1999; January 18, 1999; January 23,
1999; January 31, 1999; and February 19, 1999; and copy of three-page
alphabetical listing of stock orders.
(11) Exhibit 8--Four-page
handwritten statement of William Kelso dated June 14, 1999.
(12) Exhibit 9--Three-page
handwritten statement of Debra Rine dated June 16, 1999.
(13) Exhibit 10--Handwritten
statement of Janeen Pletcher dated June 15, 1999.
(14) Exhibit 11--Three-page
handwritten statement of Paula Moore dated June 28, 1999.
(15) Exhibit 12--Copy of two-page
Dangerous Drug Distributor Inspection Report of United Ambulance Services, Inc.
dated June 28, 1999.
(16) Exhibit 13--Copy of three-page
Dangerous Drug Distributor Inspection Report of Crooksville EMS dated June 30,
1999.
(17) Exhibit 14--Copy of
twenty-nine pages of Genesis Healthcare System EMS Requisitions for Corning EMS
dated May 3, 1999; April 12, 1999; April 5, 1999; March 29, 1999; March 14,
1999; March 1, 1999; February 19, 1999; January 24, 1999; December 28, 1998;
and February 8, 1999; and copy of four-page alphabetical listing of stock
orders.
(18) Exhibit 15--Copy of three-page
Dangerous Drug Distributor Inspection Report of Corning Fire Department
Emergency Squad dated July 7, 1999.
(19) Exhibit 16--Copy of four-page
report showing stock orders made by United Ambulance between January 15, 1998,
and June 10, 1999; and copy of three-page alphabetical listing of stock orders.
(20) Exhibit 17--Two-page handwritten
statement of Todd Hadorn dated July 13, 1999.
(21) Exhibit 18--Seventeen-page
"Pink Sheet" response from Crooksville EMS dated July 2, 1999.
(22) Exhibit
19--"Pink Sheet" response from United Ambulance Service, Inc. dated
June 30, 1999.
(23) Exhibit 20--Three-page copy of
"Pink Sheet" response from Corning E.M.S. dated July 27, 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 Stephen Ulrich, M.D. is the Responsible
Person for Corning Fire Department Emergency Squad pursuant to Ohio Revised
Code (ORC) Section 4729.55.
(2) Corning Fire
Department Emergency Squad did, on or about June 30, 1999, and dates preceding,
fail to maintain effective control and procedures to deter and detect theft and
diversion of dangerous drugs, to wit: dangerous drugs were not stored in an
area secured with suitable locks to deter and detect unauthorized access. Such conduct is in violation of Ohio
Administrative Code (OAC) Rules 4729-9-05 and 4729-9-11.
(3) Corning Fire
Department Emergency Squad did, on or about June 30, 1999, and dates preceding,
sell or trade dangerous drugs which were purchased by a public or private
hospital, to wit: after having obtained dangerous drugs and other supplies on
an “exchange basis” pursuant to ORC Section 4729.54, Corning Fire Department
Emergency Squad diverted these drugs to United Ambulance Service, Inc., a
“for-profit” entity. Such conduct is in
violation of Title 21, Section 353(c) of the United States Code.
(4) Corning Fire
Department Emergency Squad did, on or about June 30, 1999, and dates preceding,
by deception, procure the dispensing of a dangerous drug, to wit: when
obtaining dangerous drugs from Genesis Hospital, Corning Fire Department
Emergency Squad indicated that the drugs were being obtained on an “exchange
basis” pursuant to ORC Section 4729.54, yet such drugs had not been used by
Corning Fire Department Emergency Squad but were instead being obtained for use
by United Ambulance Service, Inc. Such
conduct is in violation of ORC Section 2925.22.
(5) Corning Fire
Department Emergency Squad did, on or about June 30, 1999, and dates preceding,
fail to keep a record of all dangerous drugs received, administered, dispensed,
distributed, or sold, to wit: Corning Fire Department Emergency Squad did not
keep records of drugs obtained from Genesis Hospital and subsequently
distributed to United Ambulance Service, Inc.
Further, records were maintained off-site without Corning Fire
Department Emergency Squad having notified the Board. Such conduct is in violation of OAC Rule 4729-9-22.
(6) Corning Fire
Department Emergency Squad did, on or about June 30, 1999, and dates preceding,
fail to keep a record of all dangerous drugs used, to wit: by method of
flushing, Corning Fire Department Emergency Squad destroyed dangerous drugs
without maintaining records of such destruction. Such conduct is in violation of OAC Rule 4729-9-22.
(7) Corning
Fire Department Emergency Squad did, on or about June 30, 1999, and dates
preceding, cease to satisfy the qualifications of a terminal distributor of
dangerous drugs set forth in ORC Section 4729.55, to wit: Corning Fire
Department Emergency Squad failed to maintain adequate safeguards to prevent
the sale or other distribution of dangerous drugs by unauthorized personnel
when the drugs were not stored in an area secured with suitable locks to deter
and detect unauthorized access. Such
conduct does not conform to ORC Section 4729.55.
CONCLUSIONS
OF LAW
(1) Upon consideration
of the record as a whole, the State Board of Pharmacy concludes that paragraphs
(2), (5), and (6) of the Findings of Fact constitute being guilty of violating
a rule of the Board as provided in Division (A)(2) of ORC Section 4729.57.
(2) Upon consideration
of the record as a whole, the State Board of Pharmacy concludes that paragraphs
(2) through (7) of the Findings of Fact constitute violating a provision of ORC
Chapter 4729. as provided in Division (A)(3) of ORC Section 4729.57.
(3) 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 violating a provision of the
federal drug abuse control laws or ORC Chapter 2925. or 3719. as provided in
Division (A)(5) of ORC Section 4729.57.
(4) Upon consideration
of the record as a whole, the State Board of Pharmacy concludes that paragraph
(7) of the Findings of Fact constitutes ceasing to satisfy the qualifications
of a terminal distributor of dangerous drugs set forth in ORC Section 4729.55
as provided in Division (A)(7) of ORC Section 4729.57.
ACTION
OF THE BOARD
Pursuant to ORC Section 4729.57, the State Board of
Pharmacy takes the following actions in the matter of Corning Fire Department
Emergency Squad:
(A) On the basis of the
Findings of Fact and Conclusions of Law set forth above, the State Board of
Pharmacy hereby imposes a monetary penalty of eleven thousand five hundred
dollars ($11,500.00).
(B) The Board will stay
the monetary penalty imposed in paragraph (A) above provided that Corning Fire
Department Emergency Squad meets the following terms:
(1) Corning Fire
Department Emergency Squad must abide by all federal and state laws and
regulations governing the legal distribution of drugs,
(2) Corning Fire Department
Emergency Squad must abide by the rules of the Ohio State Board of 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-5/Nay-4).
RES. 2000-164 Mr. Giacalone then moved that the Board adopt the following Order in the matter of the Crooksville Emergency Squad:
ORDER OF THE STATE BOARD OF PHARMACY
(Docket
No. D-991116-033)
In
The Matter Of:
Crooksville
emergency squad
c/o
Paul Mumma, D.O.
22
China Street
Crooksville,
Ohio 43731
(Terminal Distributor No.
02-0354750)
INTRODUCTION
THE MATTER OF CROOKSVILLE EMERGENCY SQUAD CAME FOR
HEARING ON MAY 2, 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.
CROOKSVILLE EMERGENCY SQUAD WAS NOT 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) Bill Padgett, Ohio
State Board of Pharmacy
Respondent's Witnesses:
(1) Paul Mumma, D.O.,
Responsible Person for Respondent
(B) Exhibits
State's Exhibits:
(1) Exhibit 1--Copy of
four-page Notice of Opportunity for Hearing dated November 16, 1999.
(2) Exhibit 1A--Hearing
Request letter dated December 8, 1999.
(3) Exhibit 1B--Copy of
Hearing Schedule letter dated December 20, 1999.
(4) Exhibit
1C--Two-page copy of Renewal Application for DDD License No. 02-0354750 for a
terminal distributor of dangerous drugs license from January 1, 2000, to December
31, 2000, dated December 20, 1999, with attached drug license personnel list.
(5) Exhibit 2--Copy of
five pages of a handwritten record showing run number, date, items used, old
lock number, new lock number, EMT initials, and medic initials dated March 19,
1998, through May 10, 1999.
(6) Exhibit 3--Copy of
the cover and six pages of a handwritten record showing run number, date, items
used, old lock number, new lock number, EMT initials, and medic initials dated
April 8, 1998, through June 2, 1999.
(7) Exhibit
4--Handwritten statement of Marsha Thomas dated June 4, 1999.
(8) Exhibit
5--Handwritten statement of Glenna J. Alexander dated June 4, 1999.
(9) Exhibit 6--Two-page
handwritten statement of Mitchel Stanley, Jr. dated June 4, 1999.
(10) Exhibit 7--Copy of twenty-four
pages of Genesis Healthcare System EMS Requisitions for Crooksville EMS dated
May 22, 1999; April 27, 1999; April 20, 1999; January 18, 1999; January 23,
1999; January 31, 1999; and February 19, 1999; and copy of three-page
alphabetical listing of stock orders.
(11) Exhibit 8--Four-page
handwritten statement of William Kelso dated June 14, 1999.
(12) Exhibit 9--Three-page
handwritten statement of Debra Rine dated June 16, 1999.
(13) Exhibit 10--Handwritten statement
of Janeen Pletcher dated June 15, 1999.
(14) Exhibit 11--Three-page
handwritten statement of Paula Moore dated June 28, 1999.
(15) Exhibit 12--Copy of two-page
Dangerous Drug Distributor Inspection Report of United Ambulance Services, Inc.
dated June 28, 1999.
(16) Exhibit 13--Copy of three-page
Dangerous Drug Distributor Inspection Report of Crooksville EMS dated June 30,
1999.
(17) Exhibit 14--Copy of
twenty-nine pages of Genesis Healthcare System EMS Requisitions for Corning EMS
dated May 3, 1999; April 12, 1999; April 5, 1999; March 29, 1999; March 14,
1999; March 1, 1999; February 19, 1999; January 24, 1999; December 28, 1998;
and February 8, 1999; and copy of four-page alphabetical listing of stock
orders.
(18) Exhibit 15--Copy of three-page
Dangerous Drug Distributor Inspection Report of Corning Fire Department
Emergency Squad dated July 7, 1999.
(19) Exhibit 16--Copy of four-page
report showing stock orders made by United Ambulance between January 15, 1998,
and June 10, 1999; and copy of three-page alphabetical listing of stock orders.
(20) Exhibit 17--Two-page
handwritten statement of Todd Hadorn dated July 13, 1999.
(21) Exhibit 18--Seventeen-page
"Pink Sheet" response from Crooksville EMS dated July 2, 1999.
(22) Exhibit 19--"Pink
Sheet" response from United Ambulance Service, Inc. dated June 30, 1999.
(23) Exhibit 20--Three-page copy of
"Pink Sheet" response from Corning E.M.S. dated July 27, 1999.
Respondent's Exhibits:
(1) Exhibit
A--9 x 12 clasp envelope marked "Crooksville A" containing copies of
the following: two-page listing of IV Bag Seal numbers dated October 14, 1999,
through April 26, 2000; status sheet of drug boxes returned dated December 8,
1999, through April 29, 2000; three-page "Pink Sheet" response of
Crooksville EMS dated July 2, 1999; Medic 211 Inventory, not dated; Crooksville
Fire Department Medic 211 Initial inventory dated December 8, 1999; Medic 211
inventory dated December 10, 1999; Stock Drugs/Gray Box Inventory dated
December 10, 1999; Expired drugs destroyed at GSMC Pharmacy dated December 10,
1999; Replacement Drugs From GSMC Pharmacy dated December 10, 1999; Purchased
Drugs from GSMC Pharmacy dated December 31, 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 Paul D. Mumma, D.O. is the Responsible
Person for Crooksville Emergency Squad pursuant to Ohio Revised Code (ORC)
Section 4729.55.
(2) Crooksville
Emergency Squad did, on or about June 30, 1999, and dates preceding, fail to
maintain effective control and procedures to deter and detect theft and
diversion of dangerous drugs, to wit: dangerous drugs were not stored in an
area secured with suitable locks to deter and detect unauthorized access. Though break-away locks were used on drug
boxes, replacement locks were stored inside the boxes; and the log books did
not adequately indicate usage and/or the signature of the person removing the
dangerous drugs. Such conduct is in
violation of Ohio Administrative Code (OAC) Rules 4729-9-05 and 4729-9-11.
(3) Crooksville
Emergency Squad did, on or about June 30, 1999, and dates preceding, sell or
trade dangerous drugs which were purchased by a public or private hospital, to
wit: after having obtained dangerous drugs and other supplies on an “exchange
basis” pursuant to ORC Section 4729.54, Crooksville Emergency Squad diverted
these drugs to United Ambulance, a “for-profit” entity. Such conduct is in violation of Title 21,
Section 353(c) of the United States Code.
(4) Crooksville
Emergency Squad did, on or about June 30, 1999, and dates preceding, by deception,
procure the dispensing of a dangerous drug, to wit: when obtaining dangerous
drugs from Genesis Hospital, Crooksville Emergency Squad indicated that the
drugs were being obtained on an “exchange basis” pursuant to ORC Section
4729.54, yet such drugs had not been used by Crooksville Emergency Squad but
were instead being obtained for use by United Ambulance Service, Inc. Such conduct is in violation of ORC Section
2925.22.
(5) Crooksville
Emergency Squad did, on or about June 30, 1999, and dates preceding, fail to
keep a record of all dangerous drugs received, administered, dispensed,
distributed, or sold, to wit: Crooksville Emergency Squad did not keep records
of drugs obtained from Genesis Hospital and subsequently distributed to United
Ambulance Service, Inc. Such conduct is
in violation of OAC Rule 4729-9-22.
(6) Crooksville
Emergency Squad did, on or about June 30, 1999, and dates preceding, fail to
keep a record of all dangerous drugs used, to wit: by method of flushing,
Crooksville Emergency Squad destroyed dangerous drugs without maintaining
records of such destruction. Such
conduct is in violation of OAC Rule 4729-9-22.
(7) Crooksville
Emergency Squad did, on or about June 30, 1999, and dates preceding, cease to
satisfy the qualifications of a terminal distributor of dangerous drugs set
forth in ORC Section 4729.55, to wit: Crooksville Emergency Squad failed to
maintain adequate safeguards to prevent the sale or other distribution of
dangerous drugs by unauthorized personnel when the drugs were not stored in an
area secured with suitable locks to deter and detect unauthorized access. Such conduct does not conform to ORC Section
4729.55.
CONCLUSIONS
OF LAW
(1) Upon consideration
of the record as a whole, the State Board of Pharmacy concludes that paragraphs
(2), (5), and (6) of the Findings of Fact constitute being guilty of violating
a rule of the Board as provided in Division (A)(2) of ORC Section 4729.57.
(2) Upon consideration
of the record as a whole, the State Board of Pharmacy concludes that paragraphs
(2) through (7) of the Findings of Fact constitute violating a provision of ORC
Chapter 4729. as provided in Division (A)(3) of ORC Section 4729.57.
(3) 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 violating a provision of the
federal drug abuse control laws or ORC Chapter 2925. or 3719. as provided in
Division (A)(5) of ORC Section 4729.57.
(4) Upon consideration
of the record as a whole, the State Board of Pharmacy concludes that paragraph
(7) of the Findings of Fact constitutes ceasing to satisfy the qualifications
of a terminal distributor of dangerous drugs set forth in ORC Section 4729.55
as provided in Division (A)(7) of ORC Section 4729.57.
ACTION
OF THE BOARD
Pursuant to ORC Section 4729.57, the State Board of
Pharmacy takes the following actions in the matter of Crooksville Emergency
Squad:
(A) On the basis of the
Findings of Fact and Conclusions of Law set forth above, the State Board of
Pharmacy hereby imposes a monetary penalty of eleven thousand five hundred
dollars ($11,500.00).
(B) The Board will stay
the monetary penalty imposed in paragraph (A) above provided that Crooksville
Emergency Squad meets the following terms:
(1) Crooksville
Emergency Squad must abide by all federal and state laws and regulations
governing the legal distribution of drugs,
(2) Crooksville
Emergency Squad must abide by the rules of the Ohio State Board of Pharmacy.
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-5/Nay-4).
RES. 2000-165 Mrs. Neuber then moved that the Board adopt the following Order in the matter of United Ambulance Service:
ORDER OF THE STATE BOARD OF PHARMACY
(Docket
No. D-991116-034)
In
The Matter Of:
UNITED AMBULANCE SERVICE,
INC.
c/o
John R. Kerns, D.O.
815
Main Street
Zanesville,
Ohio 43701
(Terminal Distributor No.
02-0387852)
INTRODUCTION
THE MATTER OF UNITED AMBULANCE SERVICE, INC. CAME
FOR CONSIDERATION ON MAY 2, 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.
UNITED AMBULANCE SERVICE, INC. WAS NOT PRESENT, NOR
WERE THEY 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) Bill Padgett, Ohio
State Board of Pharmacy
Respondent's Witnesses:
(1) None
(B) Exhibits
State's Exhibits:
(1) Exhibit 1--Copy of
four-page Notice of Opportunity for Hearing dated November 16, 1999.
(2) Exhibit
1A--Two-page copy of Renewal Application for DDD License No. 02-0387850 for a
terminal distributor of dangerous drugs license from January 1, 1999, to
December 31, 1999, signed by Rebecca S. Clark, M.D., and dated November 11,
1998; copy of Renewal Application for DDD License No. 02-0387851 for a terminal
distributor of dangerous drugs license from January 1, 1999, to December 31,
1999, signed by Rebecca S. Clark, M.D., and dated November 12, 1998; and copy
of Renewal Application for DDD License No. 02-0387852 for a terminal
distributor of dangerous drugs license from January 1, 1999, to December 31,
1999, signed by John R. Kerns, D.O. and dated October 15, 1998.
(3) Exhibit 2--Copy of
five pages of a handwritten record showing run number, date, items used, old
lock number, new lock number, EMT initials, and medic initials dated March 19,
1998, through May 10, 1999.
(4) Exhibit 3--Copy of
the cover and six pages of a handwritten record showing run number, date, items
used, old lock number, new lock number, EMT initials, and medic initials dated
April 8, 1998, through June 2, 1999.
(5) Exhibit
4--Handwritten statement of Marsha Thomas dated June 4, 1999.
(6) Exhibit
5--Handwritten statement of Glenna J. Alexander dated June 4, 1999.
(7) Exhibit 6--Two-page
handwritten statement of Mitchel Stanley, Jr. dated June 4, 1999.
(8) Exhibit 7--Copy of
twenty-four pages of Genesis Healthcare System EMS Requisitions for Crooksville
EMS dated May 22, 1999; April 27, 1999; April 20, 1999; January 18, 1999;
January 23, 1999; January 31, 1999; and February 19, 1999; and copy of
three-page alphabetical listing of stock orders.
(9) Exhibit
8--Four-page handwritten statement of William Kelso dated June 14, 1999.
(10) Exhibit 9--Three-page
handwritten statement of Debra Rine dated June 16, 1999.
(11) Exhibit 10--Handwritten
statement of Janeen Pletcher dated June 15, 1999.
(12) Exhibit 11--Three-page
handwritten statement of Paula Moore dated June 28, 1999.
(13) Exhibit 12--Copy of two-page
Dangerous Drug Distributor Inspection Report of United Ambulance Services, Inc.
dated June 28, 1999.
(14) Exhibit 13--Copy of three-page
Dangerous Drug Distributor Inspection Report of Crooksville EMS dated June 30,
1999.
(15) Exhibit 14--Copy of
twenty-nine pages of Genesis Healthcare System EMS Requisitions for Corning EMS
dated May 3, 1999; April 12, 1999; April 5, 1999; March 29, 1999; March 14,
1999; March 1, 1999; February 19, 1999; January 24, 1999; December 28, 1998;
and February 8, 1999; and copy of four-page alphabetical listing of stock
orders.
(16) Exhibit 15--Copy of three-page
Dangerous Drug Distributor Inspection Report of Corning Fire Department
Emergency Squad dated July 7, 1999.
(17) Exhibit 16--Copy of four-page
report showing stock orders made by United Ambulance between January 15, 1998,
and June 10, 1999; and copy of three-page alphabetical listing of stock orders.
(18) Exhibit 17--Two-page
handwritten statement of Todd Hadorn dated July 13, 1999.
(19) Exhibit 18--Seventeen-page
"Pink Sheet" response from Crooksville EMS dated July 2, 1999.
(20) Exhibit 19--"Pink
Sheet" response from United Ambulance Service, Inc. dated June 30, 1999.
(21) Exhibit 20--Three-page copy of
"Pink Sheet" response from Corning E.M.S. dated July 27, 1999.
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 November 16,
1999, United Ambulance Service, Inc. was notified by letter of its right to a
hearing, its rights in such hearing, and its right to submit any contentions in
writing.
(2) As demonstrated by
return receipt of November 17, 1999, United Ambulance Services, Inc. received
the letter of November 16, 1999, informing it of the allegations against it,
and its rights.
(3) United Ambulance
Service, Inc. has not responded in any manner to the letter of November 16,
1999, and has not requested a hearing in this matter.
(4) Records of the
State Board of Pharmacy indicate that John R. Kerns, D.O. is the Responsible
Person for United Ambulance Service, Inc., License No. 02-0387852, pursuant to
Ohio Revised Code (ORC) Section 4729.55.
(5) United Ambulance
Service, Inc. did, on or about June 30, 1999, and dates preceding, fail to
maintain effective control and procedures to deter and detect theft and
diversion of dangerous drugs, to wit: dangerous drugs were not stored in an
area secured with suitable locks to deter and detect unauthorized access. Though break-away locks were used on drug
boxes, replacement locks were stored inside the boxes; and the log books did
not adequately indicate usage and/or the signature of the person removing the
dangerous drugs. Such conduct is in
violation of Rules 4729-9-05 and 4729-9-11 of the Ohio Administrative Code (OAC).
(6) United Ambulance
Service, Inc. did, on or about June 30, 1999, and dates preceding, purchase or
trade dangerous drugs which were purchased by a public or private hospital, to
wit: after having obtained dangerous drugs and other supplies on an “exchange
basis” pursuant to ORC Section 4729.54, Crooksville Emergency Squad diverted
these drugs to United Ambulance, a “for-profit” entity. Such conduct is in violation of Title 21,
Section 353(c) of the United States Code.
(7) United Ambulance
Service, Inc. did, on or about June 30, 1999, and dates preceding, by
deception, procure the dispensing of a dangerous drug, to wit: United Ambulance
employees obtained dangerous drugs from Genesis Hospital, Crooksville Emergency
Squad and/or Corning Fire Department Emergency Squad and indicated that the
drugs were being obtained on an “exchange basis” pursuant to ORC Section
4729.54, yet such drugs had not been used by either entity but were instead
being obtained for use by United Ambulance Service, Inc. Such conduct is in violation of ORC Section
2925.22.
(8) United Ambulance
Service, Inc. did, on or about June 30, 1999, and dates preceding, fail to keep
a record of all dangerous drugs received, administered, dispensed, distributed,
or sold, to wit: United Ambulance Service, Inc. did not keep records of drugs
obtained from Crooksville Emergency Squad and/or Corning Fire Department
Emergency Squad. Further, records were
maintained off-site without United Ambulance Service, Inc. having notified the
Board. Such conduct is in violation of
OAC Rule 4729-9-22.
(9) United Ambulance
Service, Inc. did, on or about June 30, 1999, and dates preceding, fail to keep
a record of all dangerous drugs used, to wit: by method of flushing, United
Ambulance Service, Inc. destroyed dangerous drugs without maintaining records
of such destruction. Such conduct is in
violation of OAC Rule 4729-9-22.
(10) United Ambulance Service, Inc.
did, on or about June 30, 1999, and dates preceding, cease to satisfy the
qualifications of a terminal distributor of dangerous drugs set forth in ORC
Section 4729.55, to wit: United Ambulance Service, Inc. failed to maintain
adequate safeguards to prevent the sale or other distribution of dangerous
drugs by unauthorized personnel when the drugs were not stored in an area
secured with suitable locks to deter and detect unauthorized access. Such conduct does not conform to ORC Section
4729.55.
CONCLUSIONS OF LAW
(1) Upon consideration
of the record as a whole, the State Board of Pharmacy concludes that paragraphs
(5), (8), and (9) of the Findings of Fact constitute violating a rule of the
Board as provided in Division (A)(2) of ORC Section 4729.57.
(2) Upon consideration
of the record as a whole, the State Board of Pharmacy concludes that paragraphs
(5) through (10) of the Findings of Fact constitute violating a provision of
Chapter 4729. as provided in Division (A)(3) of ORC Section 4729.57.
(3) Upon consideration
of the record as a whole, the State Board of Pharmacy concludes that paragraphs
(6) and (7) of the Findings of Fact constitute violating any provision of the
federal drug abuse control laws or ORC Chapter 2925. or 3719. as provided in
Division (A)(5) of ORC Section 4729.57.
(4) Upon consideration
of the record as a whole, the State Board of Pharmacy concludes that paragraph
(10) of the Findings of Fact constitutes ceasing to satisfy the qualifications
of a terminal distributor of dangerous drugs set forth in ORC Section 4729.55
as provided in Division (A)(7) of ORC Section 4729.57.
ACTION
OF THE BOARD
Pursuant to ORC Section
4729.57, the State Board of Pharmacy takes the following actions in the matter
of United Ambulance Service, Inc.:
(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 terminal distributor license,
No. 02-0387852, held by United Ambulance Service, Inc. 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 terminal distributor license,
No. 02-0387852, held by United Ambulance Service, Inc. 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 terminal distributor license,
No. 02-0387852, held by United Ambulance Service, Inc. 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 terminal distributor license,
No. 02-0387852, held by United Ambulance Service, Inc. effective as of the date
of the mailing of this Order.
Division (B)(1) of ORC Section 4729.57 requires
that, upon the revocation of a license issued to a terminal distributor of
dangerous drugs, the distributor shall immediately surrender the license to the
Board. The license should be forwarded
by certified mail, return receipt requested.
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-8/Nay-0).
12:00 p.m..
RES. 2000-166 The Board
held the election of officers for Fiscal Year 2001 with the following results:
President: Suzanne Neuber, R.Ph.
Vice
President: Diane Adelman, R.Ph.
12:10 p.m.
The Board recessed for lunch.
1:10 p.m.
The Board reconvened in Room 1948 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. The following Board members were present: Robert B. Cavendish, R.Ph. (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.; and Nicholas R. Repke, Public Member.
RES. 2000-167 Following presentations by Board members and self-introductions by the candidates for licensure by reciprocity, Mr. Littlejohn moved, Mr. Kost seconded, and the Board approved (Aye-6/Nay-0) the following candidates for licensure:
|
REGINA
D. CANTRELL |
|
NORTH
CAROLINA |
|
JOHN
W. JUSTICE |
|
INDIANA |
|
KEITH
A. KOONTZ |
|
INDIANA |
|
FRANCIS
B. LYKINS |
|
KENTUCKY |
|
RACHEL
H. MARTIN |
|
PENNSYLVANIA |
|
MINDY
K. McELDOWNEY |
|
INDIANA |
|
JULIETTE
D. PETERS |
|
INDIANA |
|
TRICIA
L. POST |
|
INDIANA |
|
MEGHA
R. SHAH |
|
TEXAS |
|
JENNIFER
L. THOMPSON |
|
KENTUCKY |
|
SHAWN
P. THOMPSON |
|
KENTUCKY |
|
ANN
M. RULE |
|
WYOMING |
|
M.
CHANDRA SEKAR |
|
WASHINGTON |
|
COLLEEN
M. WOLFE |
|
NEW
YORK |
1:35 p.m.
The Board took a short break. Mrs. Neuber rejoined the meeting.
1:51 p.m.
The Board reconvened in Room 1948 to continue with the Board meeting with all members present except Mr. Littlejohn and Mrs. Adelman.
RES. 2000-168 After discussion, Ms. Abele moved that the Board authorize Mr. Winsley to attend the Pharmacy, Managed Care, & Technology Conference sponsored by the National Association of Chain Drug Stores in San Diego, California on August 26-30, 2000 and that the time spent at the meeting should be considered to be time worked. The motion was seconded by Ms. Eastman and approved by the Board (Aye-6/Nay-0).
1:55 p.m.
Mr. Littlejohn joined the meeting in progress. Mr. Winsley distributed copies of the report by the Office of the Inspector General about the allegations of inadequate investigations by the Ohio Veterinary Medical Licensing Board. Mr. Winsley also distributed copies of the report by the Legislative Budget Office titled “Ohio’s Occupational Licensing and Regulatory Boards – Fiscal Year 1999” for the Board members to review. No official action was required by the Board on either matter.
2:00 p.m.
Ms. Abele discussed the Nursing Board Formulary Committee with the Board members. She reminded those members present that the appointments to the new Committee on Prescriptive Governance would need to be made at the June meeting.
2:16 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 matters of Kinsman Pharmacy, Inc., T.D., Kinsman; Donald Robert Sutton, R.Ph., Kinsman; and Robert C. Sutton, R.Ph., Kinsman.
2:24 p.m.
The hearing was recessed until Wednesday, May 3, 2000 to allow the Board members to review the exhibits.
5:00 p.m.
The Board meeting recessed until Wednesday, May 3, 2000.
wednESDAY, may 3, 2000
8:04 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); 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.
8:15 a.m.
After discussion of the proposed Minutes from the April 3, 4, 5, 2000 meeting, Ms. Abele moved that they be approved as amended. The motion was seconded by Ms. Eastman and approved (Aye-6/Nay-0).
8:24 a.m.
Mr. Littlejohn arrived and joined the meeting in progress.
8:27 a.m.
RES. 2000-169 After discussion of the proposed minor changes to the EMS rules (Chapter 4729-33 of the Administrative Code) that were made after the recent meetings with affected parties, Ms. Abele moved that the Board authorize Board staff to re-file the rules with the Joint Committee on Agency Rule Review. The motion was seconded by Mrs. Neuber and approved by the Board (Aye-7/Nay-0).
8:29 a.m.
RES. 2000-170 Mr. Repke and Mr. Benedict presented the probation report. After discussion, Mr. Giacalone moved that the Board amend the Order adopted in Res. 2000-018 as follows by deleting the requirement that the testing of the urine be accomplished within 48 hours of the time the urine specimen is obtained:
AMENDED ORDER OF THE STATE BOARD OF PHARMACY
(Docket
No. D-990126-027)
In
The Matter Of:
STEVEN A. GOLDBLATT, R.Ph.
6388
Rugosa Avenue
Reynoldsburg,
Ohio 43068
(R.Ph. No. 03-2-13785)
INTRODUCTION
THE MATTER OF STEVEN A. GOLDBLATT, R.Ph. CAME TO HEARING ON AUGUST 2,
1999, 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.
STEVEN A. GOLDBLATT, R.Ph. WAS REPRESENTED BY DANIEL
D. CONNOR, AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT
ATTORNEY GENERAL.
SUMMARY
OF EVIDENCE
(A) Testimony
State's
Witnesses:
(1) None
Respondent's
Witnesses:
(1) Steven
A. Goldblatt, Respondent
(2) Jacqueline
Goldblatt, Respondent's Spouse
(3) Arch
J. Weber, R.Ph., Sponsor, Pharmacists Rehabilitation Organization, Inc.
(4) Jerome
Edward Driesen, M.D., Assistant Medical Director, Ohio Physicians Effectiveness
Program
(5) David
W. Baker, President, Pharmacists Rehabilitation Organization, Inc.
(6) Wayne
C. Miller, R.Ph.-Retired
(B) Exhibits
State's
Exhibits:
(1) Exhibit
1--Seven-page Settlement Agreement, Docket No. D-980928-018, effective November
19, 1998.
(2) Exhibit
1A--Hearing Request letter dated January 13, 1999.
(3) Exhibit
1B--Hearing Confirmation letter dated June 18, 1999.
(4) Exhibit
1C--Copy of Hearing Schedule letter dated January 26, 1999
(5) Exhibit
1D--Copy of Pharmacist File Front Sheet of Steven A. Goldblatt showing original
date of registration as August 1, 1980.
Respondent's
Exhibits:
(1) Exhibit
1--Letter from Richard E. Overton, Sr. dated April 30, 1998.
(2) Exhibit
2--Copy of letter from Gloria J. Bryan dated July 13, 1999, and Release of
Information Concerning Alcohol/Drug Treatment for Steve Goldblatt signed and
dated July 13, 1999.
(3) Exhibit
3--Copy of two-page Pharmacist's Recovery Contract for Steve Goldblatt dated
April 5, 1998.
(4) Exhibit
4--Copy of two-page Pharmacist's Recovery Contract for Steve Goldblatt dated
December 1, 1998.
(5) Exhibit
5--Copies of fifteen urine drug screen reports of Steve Goldblatt, dated as
follows: April 23, 1998; June 3, 1998;
June 10, 1998; August 6, 1998; August 27, 1998; October 10, 1998; November 6,
1998; December 4, 1998; December 30, 1998; February 5, 1999; June 8, 1999;
March 31, 1999; May 4, 1999; June 14, 1999; and July 6, 1999.
(6) Exhibit
6--Copy of four pages from a spiral-bound notebook of meeting attendance verifications
dated March 23, 1998, through July 20, 1999.
(7) Exhibit
7--Copy of seventeen pages from a spiral-bound notebook of meeting attendance
verifications dated March 25, 1998, through July 15, 1999.
(8) Exhibit
8--Copies of letters as follows: Nick
A. Kallis dated July 8, 1999; Dennis M. Cox, Sr. dated July 3, 1999; Arch J.
Weber dated July 12, 1999; Wayne C. Miller dated July 11, 1999; David W. Baker
dated July 11, 1999; and Jerome E. Driesen dated July 8, 1999.
(9) Exhibit
9--Table titled "C.E. Credits 9/96 through 8/99"; copies of the
following Certificates of Attendance of Steven A. Goldblatt: 718-000-96-003-L04 dated September 4, 1996;
702-000-95-030-H03 dated December 8, 1996; 048-000-97-041-L03 dated June 14,
1997; 356-000-94-016-H01 dated August 14, 1997; 424-999-96-009-H04 dated
October 12, 1998; 202-000-98-086-H01 dated December 11, 1998;
430-000-97-042-H04 dated January 15, 1999; 424-000-96-002-H04 dated January 25,
1999; 430-999-98-042-H01 dated January 29, 1999; 342-000-98-026-H01 dated
February 23, 1999; 401-000-99-002-H01 dated February 25, 1999;
401-000-99-001-H01 dated March 4, 1999; 057-999-97-077-H01 dated March 9, 1999;
401-000-99-003-H01 dated March 25, 1999; 430-000-98-012-H01 dated May 3, 1999;
342-000-99-001-H04 dated May 12, 1999; 401-000-99-018-H01 dated May 14, 1999;
036-300-99-01-H03 dated May 15, 1999; 036-106-99-004-L01 and
036-106-99-005-L03-J dated May 16, 1999; and 811-000-97-001-H01 dated June 7,
1999.
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 the
following to be fact:
(1) Steven
A. Goldblatt has complied with the terms set forth in the Settlement Agreement
with the State Board of Pharmacy, Docket No. D-980928-018, effective November
19, 1998.
ACTION
OF THE BOARD
The State Board of Pharmacy
hereby approves the reinstatement of the pharmacist identification card of
Steven A. Goldblatt to practice pharmacy in the state of Ohio and places him on
probation for five years from the date his identification card is issued, with
the following conditions:
(A) Steven
A. Goldblatt must enter into a contract, after the effective date of this
Order, with an Ohio Department of Alcohol and Drug Addiction Services (ODADAS)
treatment provider acceptable to the Board for a period of not less than five
years and submit a copy of the signed contract to the Board office with the
renewal application. The contract must
provide that:
(1) Random,
observed urine drug screens
shall be conducted at least every three months.
(a) The
urine sample must be given within twelve hours of notification and the collection time must be documented. The urine screen must include testing for
creatinine or specific gravity of the sample as the dilutional standard.
(b) Stadol (butorphanol) must be added to
the standard urine drug screen. Documentation must be provided to prove
testing of the sample was conducted within forty-eight hours of the collection
time.
(c) Results of
all urine 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 and probation.
(2) The
intervener/sponsor shall provide copies of all urine screen reports and
documentation to the Ohio Board of Pharmacy in a timely fashion.
(3) Regular
attendance, a minimum of three times per week, at an Alcoholics Anonymous,
Narcotics Anonymous, and/or similar support group meeting is required.
(4) The
program shall immediately report to the Ohio Board of Pharmacy any violations
of the contract and/or lack of cooperation.
(B) Steven
A. Goldblatt 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 his progress towards recovery and what he 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 Steven A. Goldblatt'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) Steven
A. Goldblatt may not serve as a responsible pharmacist.
(3) Steven
A. Goldblatt may not destroy, assist in, or witness the destruction of
controlled substances.
(4) Steven
A. Goldblatt must abide by the contract from the treatment provider and any
violation must be reported to the Board immediately.
(5) Steven
A. Goldblatt must not violate the drug laws of the state of Ohio, any other
state, or the federal government.
(6) Steven
A. Goldblatt must abide by the rules of the Ohio State Board of Pharmacy.
(7) Steven
A. Goldblatt must comply with the terms of this Order.
Steven A. Goldblatt 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 Ms. Abele and approved by the Board (Aye-7/Nay-0).
RES. 2000-171 Mr. Giacalone next moved that the Board amend the Order adopted in Res. 99-081 as follows by deleting the requirement that the testing of the urine be accomplished within 48 hours of the time the urine specimen is obtained:
AMENDED ORDER OF THE STATE BOARD OF PHARMACY
(Docket
No. D-980727-004)
In
The Matter Of:
HENRY B. EYMAN, R.Ph.
1801
N. Fountain Boulevard
Springfield,
Ohio 45504-1406
(R.Ph. No. 03-2-13233)
INTRODUCTION
THE MATTER OF HENRY B. EYMAN
CAME TO HEARING ON NOVEMBER 4, 1998, BEFORE THE FOLLOWING MEMBERS OF THE BOARD:
JOSEPH J. MASLAK, R.Ph. (presiding); ANN D. ABELE, R.Ph.; DIANE C. ADELMAN,
R.Ph.; ROBERT B. CAVENDISH, R.Ph.; PAUL F. LAMPING, R.Ph.; AMONTE B.
LITTLEJOHN, R.Ph.; SUZANNE L. NEUBER, R.Ph.; AND NICHOLAS R. REPKE, PUBLIC
MEMBER.
HENRY B. EYMAN WAS
REPRESENTED BY DOUGLAS E. GRAFF, AND THE STATE OF OHIO WAS REPRESENTED BY SALLY
ANN STEUK, ASSISTANT ATTORNEY GENERAL.
SUMMARY
OF EVIDENCE
(A) Testimony
State's
Witnesses:
(1) None
Respondent's Witnesses:
(1) Henry
B. Eyman, Respondent
(2) David
W. Baker, R.Ph., Pharmacists Rehabilitation Organization, Inc.
(3) Rodney
Stone, M.D.
(B) Exhibits
State's
Exhibits:
(1) Exhibit
1--Copy of four-page Settlement Agreement with the State Board of Pharmacy,
Docket No. D-970423-037, in the matter of Henry B. Eyman effective September 8,
1997.
(2) Exhibit
1A--Hearing Request letter dated July 22, 1998.
(3) Exhibit
1B--Copy of Hearing Schedule letter dated July 27, 1998.
Respondent's
Exhibits:
(1) Exhibit
A--Copies of the following: two-page Curriculum Vitae of Henry B. Eyman,
four-page Settlement Agreement with the State Board of Pharmacy, Docket No.
D-970423-037, in the matter of Henry B. Eyman effective September 8, 1997, and
bound, tabbed sections as follows: PRO--Two-page
Pharmacists Rehabilitation Organization, Inc. Pharmacist's Recovery Contract of
Henry Eyman dated September 8, 1997; five letters from Henry B. Eyman dated
October 8, 1997; January 14, 1998; April 1, 1998; July 6, 1998; and October 1,
1998; and four letters from Rodney E. Stone, M.D. dated October 7, 1997;
January 29, 1998; April 30, 1998; and July 22, 1998. Urines--Twenty-three
urine drug screen reports of Henry B. Eyman dated as follows: July 16, 1997;
July 24, 1997; two dated September 4, 1997; August 8, 1997; August 27, 1997;
two dated September 3, 1997; October 6, 1997; September 23, 1997; October 1,
1997; October 21, 1997; November 21, 1997; December 19, 1997; January 23, 1998;
February 21, 1998; March 20, 1998; April 17, 1998; May 26, 1998; June 30, 1998;
September 18, 1998; August 20, 1998; September 24, 1998; and October 10,
1998. Meetings--Thirteen pages of meeting attendance verification
sheets of Henry B. Eyman dated from May 6, 1997, through October 28, 1998. Legal--Bill
of Information in the Montgomery County Common Pleas Court, Case No. 98-CR-181,
State of Ohio vs. Henry B. Eyman, dated March 20, 1998; Entry and Order
For Fingerprints in the Montgomery County Common Pleas Court, Case No. 98-CR-181,
State of Ohio vs. Henry B. Eyman, dated March 20, 1998; Record regarding
probation, court costs, and restitution; Montgomery County Adult Probation
Department Drug Testing Instructions of Henry B. Eyman dated April 6, 1998;
Results History of Henry B. Eyman dated from March 27, 1998, through May 1,
1998, with business card of Peter L. Geraci; Results History of Henry B. Eyman
dated May 7, 1998, through June 4, 1998, with business card of Peter L. Geraci;
and Termination Entry in the Montgomery County Common Pleas Court, Case No.
98-CR-181, State of Ohio vs. Henry B. Eyman, dated June 16, 1998. Greene
Hall--Letter from Carla C. McConnell dated February 26, 1998; Greene
Hall Interdisciplinary Treatment Plan dated from June 10, 1997, through October
22, 1997; two-page Greene Memorial Hospital, Inc. Behavioral Services Clinical
Summary of Henry Eyman dated June 5, 1997; Greene Hall Outpatient Services
Medical History Review of Henry B. Eyman signed by John Peterangelo, D.O., not
dated; and two-page letter from Carla C. McConnell dated September 21,
1998. Letters--Letter from David W. Baker, not dated; letter from
Rodney E. Stone dated October 2, 1998; letter from Nick A. Kallis dated
November 1, 1998; letter (with original signature) from Stacey Eyman, not
dated; letter from Hubert B. Eyman dated October 11, 1998; letter from Thomas
E. and Phyllis Kuhn, not dated; letter from Thor G. Ronemus dated September 22,
1998; letter from Susan M. Fesus dated October 4, 1998; letter from Wayne C.
Miller dated October 20, 1998; letter from Phyllis Grauer dated October 20,
1998; letter from Charles Broussard dated October, 1998; letter from Rev. Dr.
David E. Imhoff dated October 13, 1998; letter from Steve M. Friday dated
October 8, 1998; letter from Larry G. Maden dated September 29, 1998; letter
from Mark S. Wenzel dated October 4, 1998; letter from Greg Jacobs dated
September 30, 1998; letter from Bradford J. Murphy dated October 13, 1998;
two-page letter from James F. Liebetrau dated October 6, 1998; and letter from
William A. Romer dated October 4, 1998.
ACPE--Note regarding
continuing education accumulated to date; Continuing pharmacy education
participation certificates of Henry Eyman as follows: 036-300-98-01-J dated May
15, 1998; 036-106-98-001 and 036-106-98-002-J dated May 11, 1998;
424-999-96-009-HO4 dated August 3, 1998; 680-038-95-028 dated September 2,
1998; 316-999-96-044-H01 dated September 24, 1998; 424-000-95-021-H01 dated
September 24, 1998; 424-000-95-013-H01 dated August 24, 1998; 692-424-94-012 dated
October 14, 1996; 073-000-96-011-H01 dated October 22, 1998; 424-000-96-007-H01
dated October 21, 1998; 163-999-97-076-H01 dated October 19, 1998;
424-000-95-023-H01 dated October 9, 1998; and 038-799-96-005-H01 dated October
12, 1998; and a list of other programs completed.
FINDING
OF FACT
After having heard the
testimony, considered the evidence, observed the demeanor of the witnesses, and
weighed their credibility, the State Board of Pharmacy finds the following to
be fact:
(1) Henry
B. Eyman has complied with the terms set forth in the Settlement Agreement with
the State Board of Pharmacy, Docket No. D-970423-037, effective September 8,
1997.
ACTION
OF THE BOARD
The State Board of Pharmacy
hereby approves the reinstatement of the pharmacist identification card of
Henry B. Eyman to practice pharmacy in the state of Ohio and places him on
probation for five years from the date his identification card is issued, with
the following conditions:
(A) Henry
B. Eyman must enter into a new contract, after the effective date of this
Order, with a treatment provider acceptable to the Board, for a period of not
less than five years and submit a copy of the signed contract to the Board
office with the renewal application.
The contract must provide that:
(1) Random,
observed urine drug screens
shall be conducted at least every three months.
(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
and Methylphenidate must be added to the standard urine drug screen. Testing for alcohol must be conducted
within forty-eight hours from the time the sample is given. 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
urine 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 and probation.
(2) The
intervener/sponsor shall provide copies of all urine screens to the Ohio Board
of Pharmacy in a timely fashion.
(3) Regular attendance, a minimum of three
times per week, at an Alcoholics Anonymous, Narcotics Anonymous, and/or similar
support group meeting is required.
(4) The
program shall immediately report to the Ohio Board of Pharmacy any violations
of the contract and/or lack of cooperation.
(B) Henry
B. Eyman 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 his progress towards recovery and what he 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 Henry B. Eyman'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) Henry
B. Eyman may not serve as a responsible pharmacist.
(3) Henry
B. Eyman may not destroy, assist in, or witness the destruction of controlled
substances.
(4) Henry
B. Eyman must abide by the contract from the treatment provider and any
violation must be reported to the Board immediately.
(5) Henry
B. Eyman must not violate the drug laws of the state of Ohio, any other state,
or the federal government.
(6) Henry
B. Eyman must abide by the rules of the Ohio State Board of Pharmacy.
(7) Henry
B. Eyman must comply with the terms of this Order.
Henry B. Eyman 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. Neuber and approved by the Board (Aye-7/Nay-0).
RES. 2000-172 Ms. Abele moved that the Board amend the Order adopted in Res. 99-096 as follows by deleting the requirement that the testing of the urine be accomplished within 48 hours of the time the urine specimen is obtained:
AMENDED ORDER OF THE STATE BOARD OF PHARMACY
(Docket
No. D-980903-011)
In
The Matter Of:
PETER A. CORPUS, R.Ph.
2627
Meadwell Court
Columbus,
Ohio 43235
(R.Ph. No. 03-2-20118)
INTRODUCTION
THE MATTER OF PETER A. CORPUS CAME TO HEARING ON DECEMBER 8, 1998,
BEFORE THE FOLLOWING MEMBERS OF THE BOARD: JOSEPH J. MASLAK, R.Ph. (presiding);
ANN D. ABELE, R.Ph.; DIANE C. ADELMAN, R.Ph.; ROBERT B. CAVENDISH, R.Ph.; PAUL
F. LAMPING, R.Ph.; AMONTE B. LITTLEJOHN, R.Ph.; RUTH A. PLANT, R.Ph.; AND
NICHOLAS R. REPKE, PUBLIC MEMBER.
PETER A. CORPUS WAS REPRESENTED BY DOUGLAS E. GRAFF,
AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY
GENERAL.
SUMMARY
OF EVIDENCE
(A) Testimony
State's
Witnesses:
(1) None
Respondent's
Witnesses:
(1) Peter
A. Corpus, Respondent
(2) Bruce
Franken, R.Ph., Pharmacists Rehabilitation Organization, Inc.
(3) Bryan
Carlson, Sponsor, Alcoholic's Anonymous.
(B) Exhibits
State's Exhibits:
(1) Exhibit
1--Copy of five-page Order of the State Board of Pharmacy, Docket No.
D-940125-038, in the matter of Peter A. Corpus dated June 30, 1994.
(2) Exhibit
1A--Copy of page twenty-five of the Ohio State Board of Pharmacy Record of the
Proceedings, Minutes of the Meeting dated August 11, 1997.
(3) Exhibit
1B--Notice of Appearance of Counsel of Douglas E. Graff dated August 31, 1998.
(4) Exhibit
1C--Request for Hearing and Motion to Address the Board, and Certificate of
Service dated August 31, 1998.
(5) Exhibit
1D--Copy of two-page Hearing Schedule letter dated September 3, 1998.
(6) Exhibit
1E--Copy of Hearing Schedule letter dated November 13, 1998.
Respondent's
Exhibits:
(1) Exhibit
A--Bound notebook with tabbed dividers containing copies as follows: Five-page
Order of the State Board of Pharmacy, Docket No. D-940125-038, in the matter of
Peter A. Corpus dated June 30, 1994; and page twenty-five of the Ohio State
Board of Pharmacy Record of the Proceedings, Minutes of the Meeting dated
August 11, 1997. Assessment--Letter
from Patricia A. Carter and Tom H. Pepper dated October 23, 1998; four-page
Curriculum Vitae of Tom H. Pepper, M.D.; Controlled Substances Registration
Certificate of Tom H. Pepper, M.D., expiration date: March 31, 1993; and State
Medical Board of Ohio Identification Card of Tom Hartwell Pepper, M.D.,
expiration date: September 30, 1994. PRO--Two-page
Pharmacists Rehabilitation Organization, Inc. Pharmacist's Recovery Contract of
Peter A. Corpus dated January 31, 1996; two letters from Curtis A. (Curt)
Haywood dated March 22, 1996, and April 30, 1996; two-page letter from Fred
Frick dated July 9, 1996; four letters from Joseph Turcer dated September 17,
1996; October 14, 1996; December 23, 1996; April 25, 1997; letter from Bruce
Franken, not dated; two-page Pharmacists Rehabilitation Organization, Inc.
Pharmacist's Recovery Contract of Peter A. Corpus dated September 1, 1997;
letter from Joseph Turcer dated March 30, 1998; letter from Joseph Turcer, not
dated; and letter from Philip LoPresti dated August 6, 1998. AA/NA--Fifty-three pages of AA/NA
meeting attendance verification sheets of Peter Corpus dated from October 19,
1994, through October 31, 1998. Certificates--Thirteen
pages consisting of the following: twenty pages consisting of twenty-two
certificates of appreciation of Peter Corpus dated from January 5, 1994,
through November 25, 1997. CE--Twelve
certificates of participation for pharmaceutical education numbered and dated
as follows: 680-026-94-084 dated April 16, 1997; 202-000-96-034-H04 dated
December 31, 1996; XX-999-95-031-H03 dated June 3, 1997; XX-999-95-031-H03
dated June 3, 1997; 680-057-95-007 dated July 1, 1997; 680-057-95-006 dated
July 1, 1997; 680-057-95-005 dated July 22, 1997; XX-999-95-032-H03 dated July
30, 1997; 05699995114 dated July 10, 1997; 057-999-97-077-H01 dated May 30,
1998; 202-000-96-034-H04 dated December 31, 1996; and 068-999-97-005-L01 dated
August 5, 1997; Certificate for the Forty-Sixth Annual Session of the
University of Utah School on Alcoholism and other Drug Dependencies dated June
27, 1997; and five answer sheets for continuing education participation with
personal checks of Peter A. Corpus numbered and dated as follows: 392 dated
July 7, 1997; 393 dated July 7, 1997; 397 dated July 8, 1997; 411 dated July
17, 1997; 410 dated July 17, 1997. UDS--Seventy-four
pages consisting of sixty-six urine drug screen reports of Peter Corpus dated
as follows: February 2, 1994; March 26, 1994; April 4, 1994; April 16, 1994;
April 23, 1994; May 4, 1994; May 7, 1994; May 14, 1994; May 21, 1994; May 28,
1994; June 3, 1994; June 10, 1994; June 18, 1994; June 23, 1994; July 5, 1994;
July 11, 1994; July 15, 1994; July 26, 1994; July 30, 1994; August 10, 1994;
August 16, 1994; August 20, 1994; August 27, 1994; September 3, 1994; September
12, 1994; September 20, 1994; September 30, 1994; October 4, 1994; October 21,
1994; April 18, 1995; April 1, 1996; April 7, 1996; April 23, 1996; May 2,
1996; May 18, 1996; May 29, 1996; June 29, 1996; August 7, 1996; September 4,
1996; September 21, 1996; October 31, 1996; November 26, 1996; December 24,
1996; January 29, 1997; February 25, 1997; April 1, 1997; April 16, 1997; May
6, 1997; June 18, 1997; July 25, 1997; August 7, 1997; September 23, 1997;
October 29, 1997; November 21, 1997; December 17, 1997; January 27, 1998;
February 20, 1998; March 7, 1998; April 22, 1998; May 16, 1998; June 23, 1998;
July 15, 1998; August 29, 1998; September 30, 1998; October 29, 1998; and
November 24, 1998. Letters--Letter
from Steven A. Corpus, not dated; letter from Nick A. Kallis dated August 2,
1997; letter from Richard L. Thomas, not dated; and letter from Charles J.
Broussard, not dated.
(2) Exhibit
B--Copy of five pages of Weekly Record of Meeting Attendance of Peter A. Corpus
dated from November 2, 1998, through December 5, 1998; and copies of two
certifications of participation for pharmaceutical education of Peter Corpus
numbered 105-000-98-022-H03 and 105-000-98-021-H03 and dated November 19, 1998.
FINDING
OF FACT
After having heard the
testimony, considered the evidence, observed the demeanor of the witnesses, and
weighed their credibility, the State Board of Pharmacy finds the following to
be fact:
(1) Peter
A. Corpus has complied with the terms set forth in Resolution No. 98-016 of
Ohio State Board of Pharmacy Record of the Proceedings dated August 11, 1997,
and is now in accordance with the Order of the State Board of Pharmacy, Docket
No. D-940125-038, dated June 30, 1994.
ACTION
OF THE BOARD
The State Board of Pharmacy
hereby approves the reinstatement of the pharmacist identification card, No.
03-2-20118, of Peter A. Corpus to practice pharmacy in the state of Ohio and
places him on probation for five years from the date his identification card is
issued, with the following conditions:
(A) Peter
A. Corpus must enter into a new contract, after the effective date of this
Order, with a treatment provider acceptable to the Board, for a period of not
less than five years and submit a copy of the signed contract to the Board
office with the renewal application.
The contract must provide that:
(1) Random,
observed urine drug screens
shall be conducted at least every three months.
(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. Testing for alcohol must be conducted within forty-eight hours
from the time the sample is given.
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 urine 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 and probation.
(2) The
intervener/sponsor shall provide copies of all urine screens to the Ohio Board
of Pharmacy in a timely fashion.
(3) Regular
attendance, a minimum of three times per week, at an Alcoholics Anonymous,
Narcotics Anonymous, and/or similar support group meeting is required.
(4) The
program shall immediately report to the Ohio Board of Pharmacy any violations
of the contract and/or lack of cooperation.
(B) Peter
A. Corpus 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 his progress towards recovery and what he has been doing
during the previous three months.
(C) Peter
A. Corpus must show completion of 45 hours (4.5 C.E.U.s) of continuing pharmacy
education within the three-year period immediately preceding the date of
application for renewal. Forty-two hours
(4.2 C.E.U.s) must be in patient care related topics (ACPE category 01 or 02,
or Ohio category 01) and three hours (0.3 C.E.U.s) in Board approved
Jurisprudence. The original
certificates of participation must be submitted to the Board office with the renewal
application.
(D) Other
terms of probation are as follows:
(1) The
State Board of Pharmacy hereby declares that Peter A. Corpus' 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) Peter
A. Corpus must report his license suspension for, and history of, drug abuse on
all employment applications.
(3) Peter
A. Corpus may not serve as a responsible pharmacist.
(4) Peter
A. Corpus may not destroy, assist in, or witness the destruction of controlled
substances.
(5) Peter
A. Corpus must abide by the contract from the treatment provider and any
violation must be reported to the Board immediately.
(6) Peter
A. Corpus must not violate the drug laws of the state of Ohio, any other state,
or the federal government.
(7) Peter
A. Corpus must abide by the rules of the Ohio State Board of Pharmacy.
(8) Peter
A. Corpus must comply with the terms of this Order.
Peter A. Corpus 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. Neuber and approved by the Board (Aye-7/Nay-0).
8:40 a.m.
Mr. Benedict reported on the last meeting of the Medical Board’s Prescribing Committee.
8:45 a.m.
The Board took a brief recess.
9:03 a.m.
The hearing in the matters of Kinsman Pharmacy, Donald Sutton, R.Ph., and Robert Sutton, R.Ph. resumed.
11:58 a.m.
The hearing was recessed for lunch.
1:20 p.m.
The hearing in the matters of Kinsman Pharmacy, Donald Sutton, R.Ph., and Robert Sutton, R.Ph. resumed.
2:51 p.m.
The hearing concluded and the record was closed.
2:55 p.m.
RES. 2000-173 Mr. Winsley presented information received from Healtheon/WebMD about their electronic prescribing program. Mrs. Neuber moved that the Board consider this program as approvable, pending final inspection. Ms. Eastman seconded the motion and it was approved by the Board (Aye-7/Nay-0).
3:05 p.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 Ms. Eastman and a roll call vote was conducted by President Cavendish as follows: Abele-Yes, Eastman-Yes, Giacalone-Yes, Kost-Yes, Littlejohn-Yes; Neuber-Yes, and Repke-Yes.
3:30 p.m.
RES. 2000-174 The Executive Session ended and the Board meeting resumed in Public Session. Mrs. Neuber moved that the Board deny the settlement offer presented in the matter of Randy D. Mosier, R.Ph. and that the hearing be held as scheduled. The motion was seconded by Mr. Repke and approved by the Board (Aye-7/Nay-0).
RES. 2000-175 Ms. Eastman moved that the Board adopt the following Order in the matter of Robert C. Sutton, R.Ph.:
ORDER OF THE STATE BOARD OF PHARMACY
(Docket
No. D-991007-026)
In
The Matter Of:
ROBERT C. SUTTON, R.Ph.
RD
2, Box 311
Kinsman,
Ohio 44428
(R.Ph. No. 03-3-05272)
INTRODUCTION
THE MATTER OF ROBERT C. SUTTON CAME TO HEARING ON
MAY 2 AND 3, 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.; AMONTE B. LITTLEJOHN,
R.Ph.; SUZANNE L. NEUBER, R.Ph.; AND NICHOLAS R. REPKE, PUBLIC MEMBER.
ROBERT C. SUTTON WAS REPRESENTED BY EMMOR F. SNYDER,
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
(2) David Gallagher,
Ohio State Board of Pharmacy
Respondent's Witnesses:
(1) None
(B) Exhibits
State's Exhibits:
(1) Exhibit RS1--Copy
of sixteen-page Notice of Opportunity for Hearing letter of Robert C. Sutton
dated October 7, 1999.
(2) Exhibit DS1--Copy
of twelve-page Notice of Opportunity for Hearing letter of Donald Robert Sutton
dated October 7, 1999.
(3) Exhibit KP1--Copy
of fifteen-page Notice of Opportunity for Hearing letter of Kinsman Pharmacy,
Inc. dated October 7, 1999.
(4) Exhibit 1A--Hearing
request letter in the matters of Kinsman Pharmacy, Inc., Robert C. Sutton, and
Donald R. Sutton dated October 25, 1999.
(5) Exhibit 1B--Copy of
Hearing Schedule letter in the matter of Robert C. Sutton dated October 28,
1999; copy of Hearing Schedule letter in the matter of Donald Robert Sutton
dated October 28, 1999; and copy of Hearing Schedule letter in the matter of
Kinsman Pharmacy, Inc. dated October 28, 1999.
(6) Exhibit 1C--Copy of
Hearing Schedule letter in the matters of Kinsman Pharmacy, Inc., Robert C.
Sutton, and Donald R. Sutton dated January 14, 2000.
(7) Exhibit RS1D--Copy
of Pharmacist File Front Sheet of Robert Carter Sutton, Jr. showing original
date of registration as August 4, 1952; and two-page copy of Renewal
Application for Pharmacist License No. 03-3-05272 for a license to practice
pharmacy in Ohio from September 15, 1999, to September 15, 2000, of Robert C.
Sutton dated July 14, 1999.
(8) Exhibit DS1D--Copy
of Pharmacist File Front Sheet of Donald Robert Sutton showing original date of
registration as August 8, 1979; and two-page copy of Renewal Application for
Pharmacist License No. 03-3-12930 for a license to practice pharmacy in Ohio
from September 15, 1999, to September 15, 2000, of Donald Robert Sutton dated
July 14, 1999.
(9) Exhibit KP1D--Copy
of Renewal Application for DDD License No. 02-0104350 for a terminal
distributor of dangerous drugs license from January 1, 1999, to December 31,
1999, of Kinsman Pharmacy, Inc. dated October 21, 1998.
(10) Exhibit 2--Eight-page
Inspector Copy of Dangerous Drug Distributor Inspection Report of Kinsman
Pharmacy, Inc., Terminal Distributor No. 02-104350, dated May 2, 1994; and
six-page copy of response to inspection report violations signed by Donald
Sutton, not dated.
(11) Exhibit 2A--Eleven-page
Inspector Copy of Dangerous Drug Distributor Inspection Report of Kinsman
Pharmacy, Inc., Terminal Distributor No. 02-104350, dated May 21, 1996; and
copy of eleven-page inspection report with handwritten responses to violations,
not signed or dated; copy of prescriptions numbered 408064 and 408065; and copy
of handwritten notes on Opryland Hotel letterhead regarding Kinsman Pharmacy
patients.
(12) Exhibit 2B--Handwritten Class
II Inventory of Kinsman Pharmacy dated May, 1996; and four-page handwritten
Controlled Substance Inventory (Class III-V) of Kinsman Pharmacy dated April
23, 1996.
(13) Exhibit 3--Nine prescriptions
numbered as follows: 408867, 408054, 408052, 409831, 410935, 409975 and 409976,
414249, 409834, and 408855.
(14) Exhibit 4--Seven prescriptions
numbered as follows: 430504, 430090, 425366, 427829, 426383, 425369, and
427036.
(15) Exhibit 5--Inspector Copy of
Dangerous Drug Distributor Inspection Report of Kinsman Pharmacy, Inc.,
Terminal Distributor No. 02-104350, dated February 27, 1996.
(16) Exhibit 6--Copy of letter from
Timothy J. Benedict dated January 22, 1996.
(17) Exhibit 7--Copy of two-page
letter from Donald R. Sutton dated February 28, 1996.
(18) Exhibit 8--Copy of Kinsman
Township Police Department Incident Report, No. 96-141, dated February 28,
1996.
(19) Exhibit 9--Copy of Kinsman
Township Police Department Voluntary Statement of Donald Sutton dated March 5,
1996.
(20) Exhibit
10--Copy of Kinsman Township Police Department Voluntary Statement of Bonnie
Mae Hogan dated March 5, 1996.
(21) Exhibit 11--Copy of two-page
Kinsman Township Police Department Voluntary Statement of Susan Kidd dated
February 29, 1996.
(22) Exhibit 12--Copy of letter
from Richard G. Ward, Inspector General, dated May 6, 1996.
(23) Exhibit 13--Twenty-three-page
Transcript of conversations during a tape-recorded investigation at Kinsman
Pharmacy of Agent George Pavlich, Agent Lynn Mudra, Agent Frank Bodi, and Agent
Supervisor Robert Cole, and Kinsman Pharmacy personnel conducted on February
27, 1996.
(24) Exhibit 14--Copy of Kinsman
Pharmacy Invoice for Investigation Consultation dated March 5, 1996.
(25) Exhibit 15--Prescription
number 431743; empty Revco prescription vial number 0305-305757 dated May 7,
1996; Kinsman Pharmacy Prescription Profile detailed report of Chong Hegedus
for the time period of January 1, 1996, to May 21, 1996, dated May 21, 1996;
and handwritten notes regarding prescriptions numbered 431743 and 0305-305757.
(26) Exhibit 16--Seventy-two-page
Transcript of conversations during tape-recorded investigation at Kinsman
Pharmacy of Agent George Pavlich, Agent David Gallagher, Agent Christopher
Reed, Agent Jim Reye, and pharmacy staff conducted on May 21, 1996.
(27) Exhibit 17--Prescription
number 429081.
(28) Exhibit 18--Prescription
number 429082.
(29) Exhibit 19--Thirteen-page
Kinsman Pharmacy Prescription Profile detailed report of Robert Floch for the
time period from January 1, 1994, to December 31, 1996, dated June 11, 1997.
(30) Exhibit 20--Seven-page Kinsman
Pharmacy Prescription Profile detailed report of Catherine T. Floch for the
time period of January 1, 1993, to May 21, 1996, dated May 29, 1996.
(31) Exhibit 21--Two sealed bottles
labeled Up Your Gas containing 30 tablets each.
(32) Exhibit 22--Duplicate Main
Discount Drug prescription labels numbered 130966 and 130967 dated November 1,
1996, and handwritten notes of George Pavlich, not dated.
(33) Exhibit 23--Two Kinsman
Pharmacy prescription vials: number 435675 containing 80 tablets of
Propoxyphene-N 100mg/APAP 650mg dated November 25, 1996, and number 435676
containing 60 tablets of Cyclobenzaprine 10mg dated November 25, 1996, in a
white bag displaying patient pay labels from prescriptions numbered 435675 and
435676 dated November 25, 1996.
(34) Exhibit 24--Prescription
number 435675.
(35) Exhibit 25--Prescription
number 435676.
(36) Exhibit 26--Two Kinsman
Pharmacy Prescription Profile reports, one detailed and one abbreviated, of
Samuel P. Vacanti for the time period of June 1, 1996, to March 10, 1997, dated
March 10, 1997.
(37) Exhibit 27--Copy of Blue
Cross/Blue Shield of Ohio Insurance Card of Samuel P. Vacanti with attached
instructions dated November 1, 1992.
(38) Exhibit 28--Overholt’s
Pharmacy duplicate labels for prescriptions numbered 389931 and 389932 dated
November 14, 1996.
(39) Exhibit
29--Prescription number 435894 and handwritten note regarding prescription
number 435893.
(40) Exhibit 30--Two Kinsman
Pharmacy prescription vials: number 435893 containing 45 tablets of
Carisoprodol 350mg dated December 5, 1996, and number 435894 containing 60
tablets of Propoxyphene-N 100mg/APAP 650mg dated December 5, 1996, and a white
bag displaying a Kinsman Pharmacy label and patient pay labels for
prescriptions numbered 435893 and 435894 dated December 5, 1996.
(41) Exhibit 31--Two Kinsman
Pharmacy Prescription Profile reports, one detailed and one abbreviated, of
James R. Martin for the time period of June 1, 1996, to March 10, 1997, dated
March 10, 1997.
(42) Exhibit 32--Copy of Blue
Cross/Blue Shield of Ohio Insurance Card of James R. Martin with attached
instructions dated November 1, 1992.
(43) Exhibit 33--Four Kinsman
Pharmacy prescription vials: two numbered 435893 containing 90 tablets each of
Carisoprodol 350mg dated December 27, 1996, and two numbered 435894 containing
120 tablets each of Propoxyphene-N 100mg/APAP 650mg dated December 27, 1996,
and a white bag displaying a Kinsman Pharmacy label and patient pay labels for
prescriptions numbered 435893 and 435894 dated December 27, 1996 in evidence
bag, Case No. NL-0062, dated December 27, 1996.
(44) Exhibit 34--Eighteen-page
Transcript of conversations during tape-recorded investigation at Kinsman
Pharmacy of Agent George Pavlich, Tom Malone, and pharmacy staff conducted on
March 10, 1997.
(45) Exhibit 35--Two Kinsman
Pharmacy prescription vials: number 435675 containing 80 tablets of
Propoxyphene-N 100mg/APAP 650mg dated January 2, 1997, and number 435676
containing 60 tablets of Cyclobenzaprine 10mg dated January 2, 1997, in a Kinsman
Pharmacy white bag displaying patient pay labels from prescriptions numbered
435675 and 435676 dated January 2, 1997.
(46) Exhibit 36--Four prescriptions
numbered as follows: 426170, 426171, 426172, and 428648.
(47) Exhibit 37--Eleven-page
Kinsman Pharmacy Prescription Profile detailed report of Grace Banning for the
time period of January 1, 1993, to May 21, 1996, dated May 29, 1996.
(48) Exhibit 38--Pages 88, 89, and
90 of Ohio State Board of Pharmacy Report of Investigation, Case No. 96-1222, Statement
of Robert Waite, D.O. signed and notarized on September 11, 1997.
(49) Exhibit 39--Three
prescriptions numbered 427721, 424559, and 428182.
(50) Exhibit 40--Thirteen-page
Kinsman Pharmacy Prescription Profile detailed report of Katherine Draa for the
time period of January 1, 1993, to May 21, 1996, report dated May 21, 1996.
(51) Exhibit 41--Pages 3 and 4 of
Ohio State Board of Pharmacy Report of Investigation, Case No. 96-1222,
Statement of Robert Waite, D.O. signed and notarized on September 11, 1997.
(52) Exhibit 42--Four-page
Inspector Copy of Dangerous Drug Distributor Inspection Report of Kinsman
Pharmacy, Inc., Terminal Distributor No. 02-104350, dated June 11, 1997.
(53) Exhibit 43--Eight-page Kinsman
Pharmacy Prescription Profile detailed report of Barry Savel for the time
period of January 1, 1993, to May 21, 1996, report dated May 21, 1996.
(54) Exhibit
44--Twenty-one prescriptions numbered as follows: 416356, 417130, 417789,
418415, 419084, 419813, 420428, 421185, 421906, 422596, 423330, 424018, 424632,
425179, 425761, 426278, 426848, 427613, 428129, 429233, and 430267.
(55) Exhibit 45--Five-page Ohio
State Board of Pharmacy Report of Investigation, Case No. 96-1222, by Agent
George Pavlich dated July 6, 1999.
(56) Exhibit 46--Eight-page Ohio
State Board of Pharmacy Report of Investigation, Case No. 96-1222, Statement of
R. Denison Stewart, M.D. signed and notarized on September 23, 1997.
(57) Exhibit 47--Three
prescriptions numbered as follows: 422627, 427511, and 430360.
(58) Exhibit 48--Pages 108, 109,
and 110 of Ohio State Board of Pharmacy Report of Investigation, Case No.
96-1222, Statement of Mary E. Magyar, Office Manager for Gary W. Stucke, D.O.
signed and notarized on September 11, 1997.
(59) Exhibit 49--Two prescriptions
numbered as follows: 417124 and 427086.
(60) Exhibit 50--Pages 111 and 112
of Ohio State Board of Pharmacy Report of Investigation, Case No. 96-1222,
Statement of Bridget Donnelly, Office Manager for E. Lee Foster, D.O. signed
and notarized on September 11, 1997.
(61) Exhibit 51--Two prescriptions
numbered as follows: 424156 and 430728.
(62) Exhibit 52--Pages 113 and 114
of Ohio State Board of Pharmacy Report of Investigation, Case No. 96-1222,
Statement of Mary E. Magyar, Office Manager of Dr. Gary W. Stucke signed and
notarized on September 11, 1997.
(63) Exhibit 53--Nine prescriptions
numbered as follows: 411310, 412337, 413829, 416030, 420557, 421862, 422625,
426186, and 428575.
(64) Exhibit 54--Nineteen-page
Kinsman Pharmacy Prescription Profile detailed report of Margaret Goist for the
time period of January 1, 1993, to May 21, 1996, dated May 21, 1996.
(65) Exhibit 55--Four-page Ohio
State Board of Pharmacy Report of Investigation, Case No. 96-1222, Statement of
Bridget Donnelly, Office Manager for D. Lee Foster, D.O. signed and notarized
on September 11, 1997.
(66) Exhibit 56--Four prescriptions
numbered as follows: 421578, 426710, 426139, and 426809.
(67) Exhibit 57--Ten-page Kinsman
Pharmacy Prescription Profile detailed report of Betty Logan for the time
period of January 1, 1993, to May 21, 1996, dated May 28, 1996.
(68) Exhibit 58--Three-page Ohio
State Board of Pharmacy Report of Investigation, Case No. 96-1222, Statement of
Robert M. Waite, D.O. signed and notarized on September 11, 1997.
Respondent's Exhibits:
(1) Exhibit A--Copy of
letter from Dale E. Goist dated March 17, 2000.
(2) Exhibit B--Copy of
two-page letter from Barry Savel dated March 25, 2000.
(3) Exhibit C--Copy of
two-page record of prescriptions for Margaret Goist from E. Lee Foster, D.O.
dated January 17, 2000.
(4) Exhibit D--Copy of
letter from Robert Floch and Catherine Floch dated February 15, 2000.
(5) Exhibit
E--Copy of letter from Jeffrey A. Bedlion, M.D. dated January 18, 2000.
(6) Exhibit
F--Copy of letter from Rev. Dr. John F. Helgeson dated January 14, 2000.
(7) Exhibit
G--Copy of letter from Timothy D. Compan, not dated.
(8) Exhibit H--Copy of
letter from Robert M. Waite, D.O. dated January 9, 2000.
(9) Exhibit I--Copy of
letter from Brad Smith, Pastor dated February 15, 2000.
(10) Exhibit J--Copy of letter from
Margery Hine dated February 17, 2000.
(11) Exhibit K--Copy of letter from
Police Chief Leroy Long dated February 28, 2000.
(12) Exhibit L--Copy of diagram of
Kinsman Pharmacy prescription room and location of seven people within that
room.
(13) Exhibit M--Copy of two-page
Response to the Ohio State Board of Pharmacy from Donald R. Sutton, not dated.
(14) Exhibit N--Copy of three-page
Response to the Ohio State Board of Pharmacy from Robert C. Sutton, not dated.
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 C. Sutton was originally licensed
in the state of Ohio on August 4, 1952, pursuant to examination, and is
currently licensed to practice pharmacy in the state of Ohio. Records further indicate that Robert C.
Sutton is the Responsible Pharmacist at Kinsman Pharmacy, Inc. pursuant to
Sections 4729.27 and 4729.55 of the Ohio Revised Code and Rule 4729-5-11 of the
Ohio Administrative Code.
(2) Robert C. Sutton
did, as the Responsible Pharmacist, on or before May 2, 1994, fail to provide
personal supervision of the dangerous drugs, to wit: Susan Kidd possessed a key
to the non-barricaded pharmacy. Such
conduct is in violation of Rule 4729-9-11 of the Ohio Administrative Code and
not in accordance with Sections 4729.27 and 4729.55 of the Ohio Revised Code.
(3) Robert C. Sutton
did, as the Responsible Pharmacist, on or before May 2, 1994, fail to properly
execute controlled substance order forms, i.e. D.E.A. 222 forms, to wit: when
drugs were received by Kinsman Pharmacy, Inc. pursuant to D.E.A. 222 forms, the
forms were not completed as to the amount of controlled substances received nor
the date received. Such conduct is in
violation of Rule 4729-9-14 of the Ohio Administrative Code, Section 3719.07 of
the Ohio Revised Code, and Section 1305.06 of the Code of Federal Regulations.
(4) Robert C. Sutton
did, as the Responsible Pharmacist, on or before May 2, 1994, fail to keep a
complete and accurate record of all controlled substances, to wit: Kinsman
Pharmacy, Inc. inventories for Schedules III, IV, and V controlled substances
had no accountability, opening and closing inventories did not indicate the
date and/or the name of the person conducting the inventory. Such conduct is not in accordance with Rules
4729-5-11 and 4729-9-14 of the Ohio Administrative Code, Sections 1304.11
through 1304.13 of the Code of Federal Regulations, and Section 3719.07 of the
Ohio Revised Code.
(5) Robert C. Sutton
did, as the Responsible Pharmacist, on or before May 21, 1996, fail to keep a
complete and accurate record of all controlled substances, to wit: after being
warned by Board agents on May 2, 1994, Kinsman Pharmacy, Inc. failed to
properly prepare biennial inventories for Schedule II controlled substances
dated May 1996; and, the inventories for Schedules III, IV, and V controlled
substances dated April 23, 1996, were incomplete and not in accordance with
Rules 4729-5-11 and 4729-9-14 of the Ohio Administrative Code, Sections 1304.11
through 1304.13 of the Code of Federal Regulations, and Section 3719.07 of the
Ohio Revised Code.
(6) Robert C. Sutton
did, as the Responsible Pharmacist, on or before May 2, 1994, fail to record
required information when dispensing prescriptions, to wit: Robert C. Sutton
and/or a pharmacist under his supervision failed to record prescription
information such as date, dispensing pharmacist, drug dispensed and quantity,
the brand or generic manufacturer of the drug dispensed, or the manual initials
of the dispensing pharmacist. Such
conduct is in violation of Rules 4729-5-17 and 4729-5-30 of the Ohio
Administrative Code (as was in effect during said time period), and Sections
3719.05 and 4729.38 of the Ohio Revised Code.
(7) Robert C. Sutton
did, as the Responsible Pharmacist, prior to May 2, 1994, fail to keep accurate
records of all exempt drugs including hypodermics dispensed, to wit: Robert C.
Sutton and/or a pharmacist under his supervision failed to keep a record of
each transaction, including the date, the type and quantity of articles
furnished, and the name, address, and signature of the person to whom the
articles were furnished. Such conduct
is in violation of Sections 3719.15, 3719.16, and 3719.172 of the Ohio Revised
Code.
(8) Robert C. Sutton
did, as the Responsible Pharmacist, after being warned by Board agents on May
2, 1994, fail to record required information when dispensing prescriptions, to
wit: Robert C. Sutton and/or a pharmacist under his supervision failed to
record, either manually or in the computer system, the brand or generic
manufacturer and pharmacists were not manually initialing the original
prescriptions. Such conduct is in
violation of Rules 4729-5-17 and 4729-5-30 of the Ohio Administrative Code (as
was in effect during said time period), and Sections 3719.05 and 4729.38 of the
Ohio Code.
(9) Robert C. Sutton
did, as the Responsible Pharmacist, on or about February 27, 1996, without
privilege to do so and with purpose to prevent, obstruct, or delay the
performance by a public official of any authorized act within his official
capacity, hamper or impede a public official in the performance of his lawful
duties, to wit: Robert C. Sutton and/or a pharmacist under his supervision failed
to provide previously requested documents during an inspection, and due to
confrontation, employees of the State Board of Pharmacy were unable to complete
the inspection. Such conduct is in
violation of Rule 4729-5-17 of the Ohio Administrative Code (as was in effect
during said time period), and Sections 2921.31 and 3719.27 of the Ohio Revised
Code.
(10) Robert C. Sutton did, as the
Responsible Pharmacist, on or about May 9, 1996, utter a false or forged
prescription for dangerous drugs, to wit: Robert C. Sutton and/or a pharmacist
under his supervision filled prescription number 431743 for four unit doses of
Flagyl 500mg which was originally dispensed at Revco #305 when there had been
no transfer. Such conduct is in
violation of Section 4729.61(C) of the Ohio Revised Code (as was in effect
during said time period).
(11) Robert C. Sutton did, as the
Responsible Pharmacist, on or before May 21, 1996, allow a registered
pharmacist to practice pharmacy without a photograph attached to his current identification
card, to wit: after being warned on May 2, 1994, for not carrying his
identification card on his person, Robert C. Sutton was found practicing
pharmacy without a photo attached to his identification card. Such conduct is in violation of Rule 4729-5-02
of the Ohio Administrative Code (as was in effect during said time period).
(12) Robert C. Sutton did, as the
Responsible Pharmacist, on or before May 21, 1996, fail to keep complete and
accurate records in the automated data system, to wit: prescriptions numbered
429082 and 429081, written for Patient #3, were located in the profile for
Patient #4 and the original prescriptions for Patient #3 were affixed with
computer labels for Patient #4. Such
conduct is in violation of Rule 4729-5-17 of the Ohio Administrative Code (as
was in effect during said time period).
(13) Robert C. Sutton did, as the
Responsible Pharmacist, on or about May 21, 1996, fail to maintain personal
supervision over the dangerous drug stock to prevent theft or diversion, to
wit: Kinsman Pharmacy, Inc. possessed stock bottles of Up Your Gas, containing
Ephedrine (Ma Huang), outside the confines of the pharmacy. Such conduct is in violation of Rule
4729-9-11 of the Ohio Administrative Code (as was in effect during said time
period).
(14) Robert C. Sutton did, as the
Responsible Pharmacist, on or about November 25, 1996, fail to file a copy of
the original prescriptions in accordance with the rules and regulations adopted
by the Ohio State Board of Pharmacy, to wit: Robert C. Sutton and/or a
pharmacist under his supervision filled prescriptions numbered 435675 and
435676, using the information on empty vials which originated from Main
Discount Drug, when there had been no legitimate transfer. Such conduct is in violation of Rule
4729-5-24 of the Ohio Administrative Code and Section 4729.37 of the Ohio
Revised Code.
(15) Robert C. Sutton did, as the
Responsible Pharmacist, on or about November 25, 1996, fail to record required
information when dispensing prescriptions, to wit: Robert C. Sutton and/or a
pharmacist under his supervision failed to record prescription information
pursuant to transferred prescriptions numbered 435675 and 435676 such as full
name and address of patient, date of issuance, date of dispensing, pharmacist
from which the prescription was transferred, and original number of
refills. Such conduct is in violation
of Rules 4729-5-17, 4729-5-24, and 4729-5-30 of the Ohio Administrative Code.
(16) Robert
C. Sutton did, as the Responsible Pharmacist, on or about November 25, 1996,
fail to perform prospective drug utilization review and patient counseling, to
wit: when dispensing medication pursuant to prescriptions numbered 435675 and
435676, Robert C. Sutton and/or a pharmacist under his supervision failed to
review the original prescriptions for over-utilization, incorrect drug dosage
and duration of drug treatment, and misuse; and Robert C. Sutton and/or a
pharmacist under his supervision failed to offer patient counseling. Such conduct is in violation of Rules
4729-5-20 and 4729-5-22 of the Ohio Administrative Code.
(17) Robert C. Sutton did, as the
Responsible Pharmacist, on or about November 25, 1996, with purpose to deprive,
knowingly obtain or exert control over the property of another by deception, to
wit: Robert C. Sutton and/or a pharmacist under his supervision over-charged
the patient $4.00, pursuant to prescriptions numbered 435675 and 435676,
charging brand-name co-pays when dispensing generic medications. Such conduct is in violation of Sections
2913.02 and 4729.38 of the Ohio Revised Code.
(18) Robert C. Sutton did, as the
Responsible Pharmacist, on or about December 5, 1996, intentionally make and/or
knowingly possess a false or forged prescription, to wit: Robert C. Sutton
and/or a pharmacist under his supervision dispensed medications pursuant to
prescriptions numbered 435893 and 435894 by allowing an extra refill upon
transfer from Overholt Pharmacy. Such
conduct is in violation of Rule 4729-5-24 of the Ohio Administrative Code and
Section 2925.23 of the Ohio Revised Code.
(19) Robert C. Sutton did, as the
Responsible Pharmacist, on or about December 5, 1996, fail to perform
prospective drug utilization review and patient counseling, to wit: when
dispensing medication pursuant to prescriptions numbered 435893 and 435894,
Robert C. Sutton and/or a pharmacist under his supervision failed to review the
original prescriptions for over-utilization, incorrect drug dosage and duration
of drug treatment, and misuse; and Robert C. Sutton and/or a pharmacist under
his supervision failed to offer patient counseling. Such conduct is in violation of Rules 4729-5-20 and 4729-5-22 of
the Ohio Administrative Code.
(20) Robert C. Sutton did, as the
Responsible Pharmacist, on or about December 27, 1996, fail to perform
prospective drug utilization review and patient counseling, to wit: when
dispensing medication pursuant to prescriptions numbered 435893 and 435894,
Robert C. Sutton and/or a pharmacist under his supervision failed to review the
original prescriptions for over-utilization, incorrect drug dosage and duration
of drug treatment, and misuse; and Robert C. Sutton and/or a pharmacist under
his supervision failed to offer patient counseling. Such conduct is in violation of Rules 4729-5-20 and 4729-5-22 of
the Ohio Administrative Code.
(21) Robert
C. Sutton did, on or about December 27, 1996, fail to record his name and/or
initials on the alternate recordkeeping system, to wit: when dispensing
medication pursuant to prescriptions numbered 435893 and 435894, Robert C.
Sutton used the computer initials of Donald R. Sutton. Such conduct is in violation of Rule
4729-5-17 of the Ohio Administrative Code.
(22) Robert C. Sutton did, as the
Responsible Pharmacist, on or about March 10, 1997, fail to preserve
prescriptions on file, subject to inspection by the proper officers of the law,
to wit: Robert C. Sutton and/or a pharmacist under his supervision was unable
to locate prescription number 435893 dated December 5, 1996. Such conduct is in violation of Rules
4729-5-09, 4729-5-17, and 4729-5-22 of the Ohio Administrative Code and Section
4729.37 of the Ohio Revised Code.
(23) Robert C. Sutton did, as the
Responsible Pharmacist, on or about January 2, 1997, fail to perform
prospective drug utilization review and patient counseling, to wit: when
dispensing medication pursuant to prescriptions numbered 435675 and 435676,
Robert C. Sutton and/or a pharmacist under his supervision failed to review the
original prescriptions for over-utilization, incorrect drug dosage and duration
of drug treatment, and misuse; and Robert C. Sutton and/or a pharmacist under
his supervision failed to offer patient counseling. Such conduct is in violation of Rules 4729-5-20 and 4729-5-22 of
the Ohio Administrative Code.
(24) Robert C. Sutton did, as the
Responsible Pharmacist, on or about January 2, 1997, with purpose to deprive,
knowingly obtain or exert control over the property of another by deception, to
wit: Robert C. Sutton and/or a pharmacist under his supervision over-charged
the patient $4.00, pursuant to prescriptions numbered 435675 and 435676, by
charging brand-name co-pays when dispensing generic medications. Such conduct is in violation of Sections
2913.02 and 4729.38 of the Ohio Revised Code.
(25) Robert C. Sutton did, as the
Responsible Pharmacist, on or about the following dates, make or utter false or
forged prescriptions for dangerous drugs, to wit: Robert C. Sutton and/or a
pharmacist under his supervision created the following prescription refills for
Patient #1, purporting to be legitimate, when there had been no valid order
from an authorized prescriber:
|
Date |
Rx No. |
Drug |
Quantity |
R.Ph. |
|
11/24/95 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
12/26/95 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
01/27/96 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
02/26/96 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
03/23/96 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
11/24/95 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
12/26/95 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
01/27/96 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
02/26/96 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
03/23/96 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
12/26/95 |
426172 |
Prinivil 10mg |
30 |
DRS |
|
01/27/96 |
426172 |
Prinivil 10mg |
30 |
DRS |
|
02/26/96 |
426172 |
Prinivil 10mg |
30 |
DRS |
|
03/23/96 |
426172 |
Prinivil 10mg |
30 |
DRS |
Such conduct is in violation
of Section 4729.61(C) of the Ohio Revised Code (as was in effect during said
time period).
(26) Robert
C. Sutton did, as the Responsible Pharmacist, on or about the following dates,
sell at retail dangerous drugs, to wit: Robert C. Sutton and/or a pharmacist
under his supervision sold the following dangerous drugs to Patient #1 pursuant
to unauthorized refills:
|
Date |
Rx No. |
Drug |
Quantity |
R.Ph. |
|
11/24/95 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
12/26/95 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
01/27/96 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
02/26/96 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
03/23/96 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
11/24/95 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
12/26/95 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
01/27/96 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
02/26/96 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
03/23/96 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
12/26/95 |
426172 |
Prinivil 10mg |
30 |
DRS |
|
01/27/96 |
426172 |
Prinivil 10mg |
30 |
DRS |
|
02/26/96 |
426172 |
Prinivil 10mg |
30 |
DRS |
|
03/23/96 |
426172 |
Prinivil 10mg |
30 |
DRS |
Such conduct is in violation
of Section 4729.51(C) of the Ohio Revised Code.
(27) Robert C. Sutton did, as the
Responsible Pharmacist, on or about February 26, 1996, and March 23, 1996,
intentionally make and/or knowingly possess false or forged prescriptions, to
wit: on each occasion, Robert C. Sutton and/or a pharmacist under his
supervision created prescription refills for Patient #1 pursuant to
prescription number 428648, written for 30 unit doses of Tylenol w/Codeine #3,
when there had been no valid order from an authorized prescriber. Such conduct is in violation of Section
2925.23(B) of the Ohio Revised Code.
(28) Robert C. Sutton did, as the
Responsible Pharmacist, on or about February 26, 1996, and March 23, 1996, sell
a controlled substance in an amount equal to or exceeding the bulk amount, but
in an amount less than three times that amount when the conduct was not in
accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to
wit: on each occasion, Robert C. Sutton and/or a pharmacist under his
supervision sold 30 unit doses of Tylenol w/Codeine #3 pursuant to prescription
number 428648 to Patient #1 without a legitimate purpose. Such conduct is in violation of Section
2925.03(A)(5) of the Ohio Revised Code (as was in effect during said time
period).
(29) Robert C. Sutton did, as the
Responsible Pharmacist, on or about September 1, 1995, intentionally make
and/or knowingly possess a false or forged prescription, to wit: Robert C.
Sutton and/or a pharmacist under his supervision created a refill for Patient
#7, pursuant to prescription number 424559 written for 30 unit doses of
propoxyphene napsylate 100mg/APAP 650mg, when there had been no such order from
an authorized prescriber. Such conduct
is in violation of Section 2925.23(B) of the Ohio Revised Code.
(30) Robert C. Sutton did, as the
Responsible Pharmacist, on or about September 1, 1995, sell a controlled
substance in an amount less than the bulk amount when the conduct was not in
accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to
wit: Robert C. Sutton and/or a pharmacist under his supervision sold 30 unit
doses of propoxyphene napsylate 100mg/APAP 650mg to Patient #7 pursuant to
prescription number 424559 without a legitimate purpose. Such conduct is in violation of Section
2925.03(A)(1) of the Ohio Revised Code (as was in effect during said time period).
(31) Robert C. Sutton did, as the
Responsible Pharmacist, on or before June 11, 1997, fail to preserve
prescriptions on file, subject to inspection by the proper officers of the law,
to wit: Robert C. Sutton and/or a pharmacist under his supervision was unable
to locate prescriptions numbered 410686, 411023, 411162, 411995, 412814,
413731, 414686, 415414, 431182, and 431964.
Such conduct is in violation of Rules 4729-5-09, 4729-5-17, and
4729-9-22 of the Ohio Administrative Code and Section 4729.37 of the Ohio
Revised Code.
(32) Robert C. Sutton did, as the
Responsible Pharmacist, from June 10, 1993, through May 18, 1996, intentionally
make and/or knowingly possess false or forged prescriptions, to wit: throughout
this 774-day time period, Robert C. Sutton and/or a pharmacist under his
supervision dispensed on 158 occasions, 9,510 unit doses of Hydrocodone
5mg/APAP 500mg to Patient #2, when 4,644 unit doses was the maximum amount
authorized by a physician. Of those
dispensings, 53% were made by Donald R. Sutton, R.Ph. Robert C. Sutton and/or a pharmacist under his supervision
created refills and/or refilled prescriptions too quickly, over-dispensing
4,866 unit doses. Such conduct is in
violation of Section 2925.23(B) of the Ohio Revised Code.
(33) Robert C. Sutton did, as the
Responsible Pharmacist, on or about June 10, 1993, through May 18, 1996, sell a
controlled substance in an amount exceeding one hundred times the bulk amount
when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of
the Ohio Revised Code, to wit: Robert C. Sutton and/or a pharmacist under his
supervision sold 4,866 unit doses of Hydrocodone 5mg/APAP 500mg to Patient #2
without authorization by the prescribing physician and without a legitimate
purpose, 53% of those dispensings were made by Donald R. Sutton, R.Ph. Such conduct is in violation of Section
2925.03(A)(10) of the Ohio Revised Code (as was in effect during said time
period).
(34) Robert C. Sutton did, as the
Responsible Pharmacist, from July 5, 1995, through May 10, 1996, intentionally
make and/or knowingly possess false or forged prescriptions, to wit: on each
listed occasion Robert C. Sutton and/or a pharmacist under his supervision
dispensed 100 unit doses of Darvocet N-100 to Patient #3 by creating
unauthorized refills pursuant to the following prescriptions:
|
Date |
Rx No. |
R.Ph. |
|
07/05/95 |
422627 |
DRS |
|
12/05/95 |
427511 |
DRS |
|
01/22/96 |
429082 |
DRS |
|
03/02/96 |
429082 |
DRS |
|
04/12/96 |
430359 |
RCS |
|
05/10/96 |
430359 |
DRS |
Such conduct is in violation
of Section 2925.23(B) of the Ohio Revised Code.
(35) Robert C. Sutton did, as the
Responsible Pharmacist, from July 5, 1995, through May 10, 1996, sell a
controlled substance in an amount equal to or exceeding three times the bulk
amount, but in an amount less than one hundred times that amount when the
conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio
Revised Code, to wit: on each occasion Robert C. Sutton and/or a pharmacist
under his supervision sold 100 unit doses of Darvocet N-100 to Patient #3 by
creating unauthorized refills pursuant to the following prescriptions:
|
Date |
Rx No. |
R.Ph. |
|
07/05/95 |
422627 |
DRS |
|
12/05/95 |
427511 |
DRS |
|
01/22/96 |
429082 |
DRS |
|
03/02/96 |
429082 |
DRS |
|
04/12/96 |
430359 |
RCS |
|
05/10/96 |
430359 |
DRS |
Such conduct is in violation
of Section 2925.03(A)(7) of the Ohio Revised Code (as was in effect during said
time period).
(36) Robert C. Sutton did, as the
Responsible Pharmacist, from July 15, 1994, through June 28, 1995,
intentionally make and/or knowingly possess false or forged prescriptions, to
wit: on each occasion Robert C. Sutton and/or a pharmacist under his
supervision dispensed 50 unit doses of Darvocet N-100 to Patient #4 by creating
unauthorized refills pursuant to the following prescriptions:
|
Date |
Rx No. |
R.Ph. |
|
07/15/94 |
417124 |
RMZ |
|
11/02/95 |
427086 |
DRS |
|
02/20/95 |
427086 |
DRS |
|
05/25/95 |
424156 |
DRS |
|
06/28/95 |
424156 |
DRS |
Such conduct is in violation
of Section 2925.23(B) of the Ohio Revised Code.
(37) Robert
C. Sutton did, as the Responsible Pharmacist, from July 15, 1994, through June
28, 1995, sell a controlled substance in an amount less than the bulk amount
when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of
the Ohio Revised Code, to wit: on each occasion Robert C. Sutton and/or a
pharmacist under his supervision sold 50 unit doses of Darvocet N-100 to
Patient #4 by creating unauthorized refills pursuant to the following
prescriptions:
|
Date |
Rx No. |
R.Ph. |
|
07/15/94 |
417124 |
RMZ |
|
11/02/95 |
427086 |
DRS |
|
02/20/95 |
427086 |
DRS |
|
05/25/95 |
424156 |
DRS |
|
06/28/95 |
424156 |
DRS |
Such conduct is in violation
of Section 2925.03(A)(1) of the Ohio Revised Code (as was in effect during said
time period).
(38) Robert C. Sutton did, as the
Responsible Pharmacist, from August 10, 1993, through February 27, 1996,
intentionally make and/or knowingly possess false or forged prescriptions, to
wit: on each occasion Robert C. Sutton and/or a pharmacist under his
supervision dispensed Talacen to Patient #5 by creating unauthorized refills
pursuant to the following prescriptions:
|
Date |
Rx No. |
Quantity |
R.Ph. |
|
08/10/93 |
411310 |
25 |
RCS |
|
08/18/93 |
411310 |
25 |
DRS |
|
01/04/94 |
413829 |
25 |
RCS |
|
02/02/94 |
413829 |
25 |
PJM |
|
04/12/94 |
416030 |
25 |
DRS |
|
04/18/94 |
416030 |
25 |
DRS |
|
11/14/94 |
420557 |
30 |
DRS |
|
11/22/94 |
420557 |
30 |
DRS |
|
12/05/94 |
420557 |
30 |
DRS |
|
12/16/94 |
420557 |
30 |
DRS |
|
12/26/94 |
420557 |
30 |
DRS |
|
01/06/95 |
420557 |
30 |
RMZ |
|
01/16/95 |
421862 |
30 |
DRS |
|
01/24/95 |
421862 |
30 |
DRS |
|
02/01/95 |
421862 |
30 |
RCS |
|
02/09/95 |
421862 |
30 |
RCS |
|
03/16/95 |
422625 |
20 |
DRS |
|
03/25/95 |
422625 |
30 |
RCS |
|
04/07/95 |
422625 |
30 |
WMC |
|
09/14/95 |
426186 |
20 |
RCS |
|
09/23/95 |
426186 |
30 |
RCS |
|
10/02/95 |
426186 |
30 |
DRS |
|
01/27/96 |
428575 |
25 |
DRS |
|
02/07/96 |
428575 |
25 |
DRS |
Such conduct is in violation
of Section 2925.23(B) of the Ohio Revised Code.
(39) Robert C. Sutton did, as the
Responsible Pharmacist, from August 10, 1993, through February 7, 1996, sell a
controlled substance in an amount exceeding three times the bulk amount but in
an amount less than one hundred times that amount when the conduct was not in
accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to
wit: on each occasion Robert C. Sutton and/or a pharmacist under his
supervision sold Talacen to Patient #5 without a valid prescription and/or
without a legitimate purpose:
|
Date |
Rx No. |
Quantity |
R.Ph. |
|
08/10/93 |
411310 |
25 |
RCS |
|
08/18/93 |
411310 |
25 |
DRS |
|
01/04/94 |
413829 |
25 |
RCS |
|
02/02/94 |
413829 |
25 |
PJM |
|
04/12/94 |
416030 |
25 |
DRS |
|
04/18/94 |
416030 |
25 |
DRS |
|
11/14/94 |
420557 |
30 |
DRS |
|
11/22/94 |
420557 |
30 |
DRS |
|
12/05/94 |
420557 |
30 |
DRS |
|
12/16/94 |
420557 |
30 |
DRS |
|
12/26/94 |
420557 |
30 |
DRS |
|
01/06/95 |
420557 |
30 |
RMZ |
|
01/16/95 |
421862 |
30 |
DRS |
|
01/24/95 |
421862 |
30 |
DRS |
|
02/01/95 |
421862 |
30 |
RCS |
|
02/09/95 |
421862 |
30 |
RCS |
|
03/16/95 |
422625 |
20 |
DRS |
|
03/25/95 |
422625 |
30 |
RCS |
|
04/07/95 |
422625 |
30 |
WMC |
|
09/14/95 |
426186 |
20 |
RCS |
|
09/23/95 |
426186 |
30 |
RCS |
|
10/02/95 |
426186 |
30 |
DRS |
|
01/27/96 |
428575 |
25 |
DRS |
|
02/07/96 |
428575 |
25 |
DRS |
Such conduct is in violation
of Section 2925.03(A)(7) of the Ohio Revised Code (as was in effect during said
time period).
(40) Robert
C. Sutton did, as the Responsible Pharmacist, on or about the following dates,
make or utter false or forged prescriptions for dangerous drugs, to wit: Robert
C. Sutton and/or a pharmacist under his supervision created the following
prescription refills for Patient #5, purporting to be legitimate, when there
had been no valid order from an authorized prescriber:
|
Date |
Rx No. |
Drug |
Quantity |
R.Ph. |
|
11/10/93 |
412337 |
Terazol 7 0.4% cream |
1 tube |
DRS |
|
02/28/94 |
412337 |
Terazol 7 0.4% cream |
1 tube |
DRS |
|
06/06/94 |
412337 |
Terazol 7 0.4% cream |
1 tube |
DRS |
Such conduct is in violation
of Section 4729.61(C) of the Ohio Revised Code (as was in effect during said
time periods).
(41) Robert C. Sutton did, as the
Responsible Pharmacist, on or about the following dates, sell at retail
dangerous drugs, to wit: Robert C. Sutton and/or a pharmacist under his
supervision sold the following drugs to Patient #5 pursuant to unauthorized
refills:
|
Date |
Rx No. |
Drug |
Quantity |
R.Ph. |
|
11/10/93 |
412337 |
Terazol 7 0.4% cream |
1 tube |
DRS |
|
02/28/94 |
412337 |
Terazol 7 0.4% cream |
1 tube |
DRS |
|
06/06/94 |
412337 |
Terazol 7 0.4% cream |
1 tube |
DRS |
Such conduct is in violation
of Section 4729.51(C) of the Ohio Revised Code.
(42) Robert C. Sutton did, as the
Responsible Pharmacist, from March 27, 1995, through November 24, 1995,
intentionally make and/or knowingly possess false or forged prescriptions, to
wit: on each listed occasion Robert C. Sutton and/or a pharmacist under his
supervision dispensed 30 unit doses of Darvocet N-100 to Patient #6 by creating
unauthorized refills pursuant to the following prescriptions:
|
Date |
Rx No. |
R.Ph. |
|
03/27/95 |
421578 |
DRS |
|
06/08/95 |
421578 |
WMC |
|
11/24/95 |
426710 |
DRS |
Such conduct is in violation
of Section 2925.23(B) of the Ohio Revised Code.
(43) Robert C. Sutton did, as the
Responsible Pharmacist, from March 27, 1995, through November 24, 1995, sell a
controlled substance in an amount less than the bulk amount when the conduct
was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised
Code, to wit: on each occasion Robert C. Sutton and/or a pharmacist under his
supervision sold 30 unit doses of Darvocet N-100 to Patient #6 without a
legitimate purpose:
|
Date |
Rx No. |
R.Ph. |
|
03/27/95 |
421578 |
DRS |
|
06/08/95 |
421578 |
WMC |
|
11/24/95 |
426710 |
DRS |
Such conduct is in violation
of Section 2925.03(A)(1) of the Ohio Revised Code (as was in effect during said
time period).
(44) Robert
C. Sutton did, as the Responsible Pharmacist, on or about February 28, 1994,
and again on or about June 6, 1996, make or utter false or forged prescriptions
for dangerous drugs, to wit: Robert C. Sutton and/or a pharmacist under his
supervision created the following prescription refills for Patient #6
purporting to be legitimate when there had been no valid order from an
authorized prescriber:
|
Date |
Rx No. |
Drug |
Quantity |
R.Ph. |
|
11/07/95 |
426139 |
Vasotec |
30 |
DRS |
|
12/04/95 |
426139 |
Vasotec |
30 |
DRS |
|
05/15/96 |
426139 |
Vasotec |
30 |
DRS |
|
12/04/95 |
426809 |
Ticlid 250mg |
60 |
DRS |
|
01/10/96 |
426809 |
Ticlid 250mg |
60 |
DRS |
|
02/16/96 |
426809 |
Ticlid 250mg |
60 |
RCS |
|
04/01/96 |
426809 |
Ticlid 250mg |
60 |
DRS |
|
05/15/96 |
426809 |
Ticlid 250mg |
60 |
DRS |
Such conduct is in violation
of Section 4729.61(C) of the Ohio Revised Code (as was in during said time
period).
(45) Robert C. Sutton did, as the
Responsible Pharmacist, on or about the following dates, sell at retail
dangerous drugs, to wit: Robert C. Sutton and/or a pharmacist under his
supervision sold the following dangerous drugs to Patient #6 without a
legitimate purpose:
|
Date |
Rx No. |
Drug |
Quantity |
R.Ph. |
|
11/07/95 |
426139 |
Vasotec |
30 |
DRS |
|
12/04/95 |
426139 |
Vasotec |
30 |
DRS |
|
05/15/96 |
426139 |
Vasotec |
30 |
DRS |
|
12/04/95 |
426809 |
Ticlid 250mg |
60 |
DRS |
|
01/10/96 |
426809 |
Ticlid 250mg |
60 |
DRS |
|
02/16/96 |
426809 |
Ticlid 250mg |
60 |
RCS |
|
04/01/96 |
426809 |
Ticlid 250mg |
60 |
DRS |
|
05/15/96 |
426809 |
Ticlid 250mg |
60 |
DRS |
Such conduct is in violation
of Section 4729.51(C) of the Ohio Revised Code.
(46) Robert C. Sutton did, as the
Responsible Pharmacist, on or about March 10, 1997, knowing he had no privilege
to do so, falsify and/or alter data and records; and without privilege to do
so, obstruct or delay the performance by a public official, to wit: Donald
Sutton, a pharmacist employed by Kinsman Pharmacy under Robert C. Sutton’s
direct supervision, entered a false address into the patient profile
information for James R. Martin during an inspection being conducted by
Compliance Agent George Pavlich. Such
conduct is in violation of Sections 2913.42 and 2921.31 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
(2) through (46) 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) Upon
consideration of the record as a whole, the State Board of Pharmacy concludes
that paragraphs (2) through (10), (14), (17), (18), (22), (24), and (25)
through (45) 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 2925., 3719., or 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 4729.16 of the Ohio Revised
Code, the State Board of Pharmacy hereby takes the following actions in the
matter of Robert C. Sutton:
(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. 03-3-05272, held by Robert C. Sutton 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. 03-3-05272, held by Robert C. Sutton effective as of the date of the
mailing of this Order.
Division (B) of Section 4729.16 of the Ohio Revised
Code requires that any individual whose identification card is revoked shall
return the identification card and license to the offices of the State Board of
Pharmacy within ten days after receipt of notice of such action. The wall certificate and identification card
should be forwarded by certified mail, return receipt requested.
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-7/Nay-0).
RES. 2000-176 Mr. Littlejohn then moved that the Board adopt the following Order in the matter of Kinsman Pharmacy, Inc.:
ORDER OF THE STATE BOARD OF PHARMACY
(Docket
No. D-991007-025)
In
The Matter Of:
KINSMAN PHARMACY, INC.
c/o
Robert C. Sutton, R.Ph.
6416
Kinsman Nickerson Road
Kinsman,
Ohio 44428
(Terminal Distributor No.
02-0104350)
INTRODUCTION
THE MATTER OF KINSMAN PHARMACY, INC. CAME TO HEARING
ON MAY 2 AND 3, 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.; AMONTE B. LITTLEJOHN,
R.Ph.; SUZANNE L. NEUBER, R.Ph.; AND NICHOLAS R. REPKE, PUBLIC MEMBER.
KINSMAN PHARMACY, INC. WAS REPRESENTED BY EMMOR F.
SNYDER, 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
(2) David Gallagher,
Ohio State Board of Pharmacy
Respondent's Witnesses:
(1) None
(B) Exhibits
State's Exhibits:
(1) Exhibit RS1--Copy
of sixteen-page Notice of Opportunity for Hearing letter of Robert C. Sutton
dated October 7, 1999.
(2) Exhibit DS1--Copy
of twelve-page Notice of Opportunity for Hearing letter of Donald Robert Sutton
dated October 7, 1999.
(3) Exhibit KP1--Copy
of fifteen-page Notice of Opportunity for Hearing letter of Kinsman Pharmacy,
Inc. dated October 7, 1999.
(4) Exhibit 1A--Hearing
request letter in the matters of Kinsman Pharmacy, Inc., Robert C. Sutton, and
Donald R. Sutton dated October 25, 1999.
(5) Exhibit 1B--Copy of
Hearing Schedule letter in the matter of Robert C. Sutton dated October 28,
1999; copy of Hearing Schedule letter in the matter of Donald Robert Sutton
dated October 28, 1999; and copy of Hearing Schedule letter in the matter of
Kinsman Pharmacy, Inc. dated October 28, 1999.
(6) Exhibit 1C--Copy of
Hearing Schedule letter in the matters of Kinsman Pharmacy, Inc., Robert C.
Sutton, and Donald R. Sutton dated January 14, 2000.
(7) Exhibit RS1D--Copy
of Pharmacist File Front Sheet of Robert Carter Sutton, Jr. showing original
date of registration as August 4, 1952; and two-page copy of Renewal
Application for Pharmacist License No. 03-3-05272 for a license to practice
pharmacy in Ohio from September 15, 1999, to September 15, 2000, of Robert C.
Sutton dated July 14, 1999.
(8) Exhibit DS1D--Copy
of Pharmacist File Front Sheet of Donald Robert Sutton showing original date of
registration as August 8, 1979; and two-page copy of Renewal Application for
Pharmacist License No. 03-3-12930 for a license to practice pharmacy in Ohio
from September 15, 1999, to September 15, 2000, of Donald Robert Sutton dated
July 14, 1999.
(9) Exhibit KP1D--Copy
of Renewal Application for DDD License No. 02-0104350 for a terminal distributor
of dangerous drugs license from January 1, 1999, to December 31, 1999, of
Kinsman Pharmacy, Inc. dated October 21, 1998.
(10) Exhibit 2--Eight-page
Inspector Copy of Dangerous Drug Distributor Inspection Report of Kinsman
Pharmacy, Inc., Terminal Distributor No. 02-104350, dated May 2, 1994; and
six-page copy of response to inspection report violations signed by Donald
Sutton, not dated.
(11) Exhibit 2A--Eleven-page
Inspector Copy of Dangerous Drug Distributor Inspection Report of Kinsman Pharmacy,
Inc., Terminal Distributor No. 02-104350, dated May 21, 1996; and copy of
eleven-page inspection report with handwritten responses to violations, not
signed or dated; copy of prescriptions numbered 408064 and 408065; and copy of
handwritten notes on Opryland Hotel letterhead regarding Kinsman Pharmacy
patients.
(12) Exhibit 2B--Handwritten Class
II Inventory of Kinsman Pharmacy dated May, 1996; and four-page handwritten
Controlled Substance Inventory (Class III-V) of Kinsman Pharmacy dated April 23,
1996.
(13) Exhibit 3--Nine prescriptions
numbered as follows: 408867, 408054, 408052, 409831, 410935, 409975 and 409976,
414249, 409834, and 408855.
(14) Exhibit 4--Seven prescriptions
numbered as follows: 430504, 430090, 425366, 427829, 426383, 425369, and
427036.
(15) Exhibit 5--Inspector Copy of
Dangerous Drug Distributor Inspection Report of Kinsman Pharmacy, Inc.,
Terminal Distributor No. 02-104350, dated February 27, 1996.
(16) Exhibit 6--Copy of letter from
Timothy J. Benedict dated January 22, 1996.
(17) Exhibit 7--Copy of two-page
letter from Donald R. Sutton dated February 28, 1996.
(18) Exhibit 8--Copy of Kinsman
Township Police Department Incident Report, No. 96-141, dated February 28,
1996.
(19) Exhibit 9--Copy of Kinsman
Township Police Department Voluntary Statement of Donald Sutton dated March 5,
1996.
(20) Exhibit 10--Copy of Kinsman
Township Police Department Voluntary Statement of Bonnie Mae Hogan dated March
5, 1996.
(21) Exhibit 11--Copy of two-page
Kinsman Township Police Department Voluntary Statement of Susan Kidd dated
February 29, 1996.
(22) Exhibit 12--Copy of letter
from Richard G. Ward, Inspector General, dated May 6, 1996.
(23) Exhibit 13--Twenty-three-page
Transcript of conversations during a tape-recorded investigation at Kinsman
Pharmacy of Agent George Pavlich, Agent Lynn Mudra, Agent Frank Bodi, and Agent
Supervisor Robert Cole, and Kinsman Pharmacy personnel conducted on February
27, 1996.
(24) Exhibit 14--Copy of Kinsman
Pharmacy Invoice for Investigation Consultation dated March 5, 1996.
(25) Exhibit 15--Prescription
number 431743; empty Revco prescription vial number 0305-305757 dated May 7,
1996; Kinsman Pharmacy Prescription Profile detailed report of Chong Hegedus
for the time period of January 1, 1996, to May 21, 1996, dated May 21, 1996;
and handwritten notes regarding prescriptions numbered 431743 and 0305-305757.
(26) Exhibit 16--Seventy-two-page
Transcript of conversations during tape-recorded investigation at Kinsman
Pharmacy of Agent George Pavlich, Agent David Gallagher, Agent Christopher
Reed, Agent Jim Reye, and pharmacy staff conducted on May 21, 1996.
(27) Exhibit 17--Prescription
number 429081.
(28) Exhibit 18--Prescription
number 429082.
(29) Exhibit 19--Thirteen-page
Kinsman Pharmacy Prescription Profile detailed report of Robert Floch for the
time period from January 1, 1994, to December 31, 1996, dated June 11, 1997.
(30) Exhibit 20--Seven-page Kinsman
Pharmacy Prescription Profile detailed report of Catherine T. Floch for the
time period of January 1, 1993, to May 21, 1996, dated May 29, 1996.
(31) Exhibit 21--Two sealed bottles
labeled Up Your Gas containing 30 tablets each.
(32) Exhibit 22--Duplicate Main
Discount Drug prescription labels numbered 130966 and 130967 dated November 1,
1996, and handwritten notes of George Pavlich, not dated.
(33) Exhibit 23--Two Kinsman
Pharmacy prescription vials: number 435675 containing 80 tablets of
Propoxyphene-N 100mg/APAP 650mg dated November 25, 1996, and number 435676 containing
60 tablets of Cyclobenzaprine 10mg dated November 25, 1996, in a white bag
displaying patient pay labels from prescriptions numbered 435675 and 435676
dated November 25, 1996.
(34) Exhibit 24--Prescription
number 435675.
(35) Exhibit 25--Prescription
number 435676.
(36) Exhibit 26--Two Kinsman
Pharmacy Prescription Profile reports, one detailed and one abbreviated, of
Samuel P. Vacanti for the time period of June 1, 1996, to March 10, 1997, dated
March 10, 1997.
(37) Exhibit 27--Copy of Blue Cross/Blue
Shield of Ohio Insurance Card of Samuel P. Vacanti with attached instructions
dated November 1, 1992.
(38) Exhibit 28--Overholt’s
Pharmacy duplicate labels for prescriptions numbered 389931 and 389932 dated
November 14, 1996.
(39) Exhibit 29--Prescription
number 435894 and handwritten note regarding prescription number 435893.
(40) Exhibit 30--Two Kinsman
Pharmacy prescription vials: number 435893 containing 45 tablets of
Carisoprodol 350mg dated December 5, 1996, and number 435894 containing 60
tablets of Propoxyphene-N 100mg/APAP 650mg dated December 5, 1996, and a white
bag displaying a Kinsman Pharmacy label and patient pay labels for
prescriptions numbered 435893 and 435894 dated December 5, 1996.
(41) Exhibit 31--Two Kinsman
Pharmacy Prescription Profile reports, one detailed and one abbreviated, of
James R. Martin for the time period of June 1, 1996, to March 10, 1997, dated
March 10, 1997.
(42) Exhibit 32--Copy of Blue
Cross/Blue Shield of Ohio Insurance Card of James R. Martin with attached
instructions dated November 1, 1992.
(43) Exhibit 33--Four Kinsman
Pharmacy prescription vials: two numbered 435893 containing 90 tablets each of
Carisoprodol 350mg dated December 27, 1996, and two numbered 435894 containing
120 tablets each of Propoxyphene-N 100mg/APAP 650mg dated December 27, 1996,
and a white bag displaying a Kinsman Pharmacy label and patient pay labels for
prescriptions numbered 435893 and 435894 dated December 27, 1996 in evidence
bag, Case No. NL-0062, dated December 27, 1996.
(44) Exhibit 34--Eighteen-page
Transcript of conversations during tape-recorded investigation at Kinsman
Pharmacy of Agent George Pavlich, Tom Malone, and pharmacy staff conducted on
March 10, 1997.
(45) Exhibit 35--Two Kinsman
Pharmacy prescription vials: number 435675 containing 80 tablets of
Propoxyphene-N 100mg/APAP 650mg dated January 2, 1997, and number 435676
containing 60 tablets of Cyclobenzaprine 10mg dated January 2, 1997, in a
Kinsman Pharmacy white bag displaying patient pay labels from prescriptions
numbered 435675 and 435676 dated January 2, 1997.
(46) Exhibit 36--Four prescriptions
numbered as follows: 426170, 426171, 426172, and 428648.
(47) Exhibit 37--Eleven-page
Kinsman Pharmacy Prescription Profile detailed report of Grace Banning for the
time period of January 1, 1993, to May 21, 1996, dated May 29, 1996.
(48) Exhibit 38--Pages 88, 89, and
90 of Ohio State Board of Pharmacy Report of Investigation, Case No. 96-1222,
Statement of Robert Waite, D.O. signed and notarized on September 11, 1997.
(49) Exhibit 39--Three
prescriptions numbered 427721, 424559, and 428182.
(50) Exhibit 40--Thirteen-page
Kinsman Pharmacy Prescription Profile detailed report of Katherine Draa for the
time period of January 1, 1993, to May 21, 1996, report dated May 21, 1996.
(51) Exhibit 41--Pages 3 and 4 of
Ohio State Board of Pharmacy Report of Investigation, Case No. 96-1222,
Statement of Robert Waite, D.O. signed and notarized on September 11, 1997.
(52) Exhibit 42--Four-page
Inspector Copy of Dangerous Drug Distributor Inspection Report of Kinsman
Pharmacy, Inc., Terminal Distributor No. 02-104350, dated June 11, 1997.
(53) Exhibit 43--Eight-page Kinsman
Pharmacy Prescription Profile detailed report of Barry Savel for the time
period of January 1, 1993, to May 21, 1996, report dated May 21, 1996.
(54) Exhibit 44--Twenty-one
prescriptions numbered as follows: 416356, 417130, 417789, 418415, 419084,
419813, 420428, 421185, 421906, 422596, 423330, 424018, 424632, 425179, 425761,
426278, 426848, 427613, 428129, 429233, and 430267.
(55) Exhibit 45--Five-page
Ohio State Board of Pharmacy Report of Investigation, Case No. 96-1222, by
Agent George Pavlich dated July 6, 1999.
(56) Exhibit 46--Eight-page Ohio
State Board of Pharmacy Report of Investigation, Case No. 96-1222, Statement of
R. Denison Stewart, M.D. signed and notarized on September 23, 1997.
(57) Exhibit 47--Three
prescriptions numbered as follows: 422627, 427511, and 430360.
(58) Exhibit 48--Pages 108, 109,
and 110 of Ohio State Board of Pharmacy Report of Investigation, Case No.
96-1222, Statement of Mary E. Magyar, Office Manager for Gary W. Stucke, D.O.
signed and notarized on September 11, 1997.
(59) Exhibit 49--Two prescriptions
numbered as follows: 417124 and 427086.
(60) Exhibit 50--Pages 111 and 112
of Ohio State Board of Pharmacy Report of Investigation, Case No. 96-1222,
Statement of Bridget Donnelly, Office Manager for E. Lee Foster, D.O. signed
and notarized on September 11, 1997.
(61) Exhibit 51--Two prescriptions
numbered as follows: 424156 and 430728.
(62) Exhibit 52--Pages 113 and 114
of Ohio State Board of Pharmacy Report of Investigation, Case No. 96-1222,
Statement of Mary E. Magyar, Office Manager of Dr. Gary W. Stucke signed and
notarized on September 11, 1997.
(63) Exhibit 53--Nine prescriptions
numbered as follows: 411310, 412337, 413829, 416030, 420557, 421862, 422625,
426186, and 428575.
(64) Exhibit 54--Nineteen-page
Kinsman Pharmacy Prescription Profile detailed report of Margaret Goist for the
time period of January 1, 1993, to May 21, 1996, dated May 21, 1996.
(65) Exhibit 55--Four-page Ohio
State Board of Pharmacy Report of Investigation, Case No. 96-1222, Statement of
Bridget Donnelly, Office Manager for D. Lee Foster, D.O. signed and notarized
on September 11, 1997.
(66) Exhibit 56--Four prescriptions
numbered as follows: 421578, 426710, 426139, and 426809.
(67) Exhibit 57--Ten-page Kinsman
Pharmacy Prescription Profile detailed report of Betty Logan for the time
period of January 1, 1993, to May 21, 1996, dated May 28, 1996.
(68) Exhibit 58--Three-page Ohio
State Board of Pharmacy Report of Investigation, Case No. 96-1222, Statement of
Robert M. Waite, D.O. signed and notarized on September 11, 1997.
Respondent's Exhibits:
(1) Exhibit A--Copy of
letter from Dale E. Goist dated March 17, 2000.
(2) Exhibit B--Copy of
two-page letter from Barry Savel dated March 25, 2000.
(3) Exhibit C--Copy of
two-page record of prescriptions for Margaret Goist from E. Lee Foster, D.O.
dated January 17, 2000.
(4) Exhibit D--Copy of
letter from Robert Floch and Catherine Floch dated February 15, 2000.
(5) Exhibit E--Copy of
letter from Jeffrey A. Bedlion, M.D. dated January 18, 2000.
(6) Exhibit F--Copy of
letter from Rev. Dr. John F. Helgeson dated January 14, 2000.
(7) Exhibit G--Copy of
letter from Timothy D. Compan, not dated.
(8) Exhibit H--Copy of
letter from Robert M. Waite, D.O. dated January 9, 2000.
(9) Exhibit I--Copy of
letter from Brad Smith, Pastor dated February 15, 2000.
(10) Exhibit J--Copy of letter from
Margery Hine dated February 17, 2000.
(11) Exhibit K--Copy of letter from
Police Chief Leroy Long dated February 28, 2000.
(12) Exhibit L--Copy of diagram of
Kinsman Pharmacy prescription room and location of seven people within that
room.
(13) Exhibit M--Copy of two-page
Response to the Ohio State Board of Pharmacy from Donald R. Sutton, not dated.
(14) Exhibit N--Copy of three-page
Response to the Ohio State Board of Pharmacy from Robert C. Sutton, not dated.
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 C. Sutton is the Responsible
Pharmacist at Kinsman Pharmacy, Inc. pursuant to Sections 4729.27 and 4729.55
of the Ohio Revised Code and Rule 4729-5-11 of the Ohio Administrative Code.
(2) Kinsman Pharmacy,
Inc. did, on or before May 2, 1994, fail to provide personal supervision of the
dangerous drugs, to wit: Susan Kidd possessed a key to the non-barricaded
pharmacy. Such conduct is in violation
of Rule 4729-9-11 of the Ohio Administrative Code and not in accordance with
Sections 4729.27 and 4729.55 of the Ohio Revised Code.
(3) Kinsman Pharmacy,
Inc. did, on or before May 2, 1994, fail to properly execute controlled
substance order forms, i.e. D.E.A. 222 forms, to wit: when drugs were received
by Kinsman Pharmacy, Inc. pursuant to D.E.A. 222 forms, the forms were not
completed as to the amount of controlled substances received nor the date
received. Such conduct is in violation
of Rule 4729-9-14 of the Ohio Administrative Code, Section 3719.07 of the Ohio
Revised Code, and Section 1305.06 of the Code of Federal Regulations.
(4) Kinsman Pharmacy,
Inc. did, on or before May 2, 1994, fail to keep a complete and accurate record
of all controlled substances, to wit: Kinsman Pharmacy, Inc. inventories for
Schedules III, IV, and V controlled substances had no accountability, opening
and closing inventories did not indicate the date and/or the name of the person
conducting the inventory. Such conduct
is not in accordance with Rules 4729-5-11 and 4729-9-14 of the Ohio
Administrative Code, Sections 1304.11 through 1304.13 of the Code of Federal
Regulations, and Section 3719.07 of the Ohio Revised Code.
(5) Kinsman Pharmacy,
Inc. did, on or before May 21, 1996, fail to keep a complete and accurate
record of all controlled substances, to wit: after being warned by Board agents
on May 2, 1994, Kinsman Pharmacy, Inc. failed to properly prepare biennial
inventories for Schedule II controlled substances dated May 1996; and, the
inventories for Schedules III, IV, and V controlled substances dated April 23,
1996, were incomplete and not in accordance with Rules 4729-5-11 and 4729-9-14
of the Ohio Administrative Code, Sections 1304.11 through 1304.13 of the Code
of Federal Regulations, and Section 3719.07 of the Ohio Revised Code.
(6) Kinsman Pharmacy,
Inc. did, on or before May 2, 1994, fail to record required information when
dispensing prescriptions, to wit: Kinsman Pharmacy, Inc. failed to record
prescription information such as date, dispensing pharmacist, drug dispensed
and quantity, the brand or generic manufacturer of the drug dispensed, or the
manual initials of the dispensing pharmacist.
Such conduct is in violation of Rules 4729-5-17 and 4729-5-30 of the
Ohio Administrative Code (as was in effect during said time period), and
Sections 3719.05 and 4729.38 of the Ohio Revised Code.
(7) Kinsman Pharmacy,
Inc. did, prior to May 2, 1994, fail to keep accurate records of all exempt
drugs including hypodermics dispensed, to wit: Kinsman Pharmacy, Inc. failed to
keep a record of each transaction, including the date, the type and quantity of
articles furnished, and the name, address, and signature of the person to whom
the articles were furnished. Such conduct
is in violation of Sections 3719.15, 3719.16, and 3719.172 of the Ohio Revised
Code.
(8) Kinsman
Pharmacy, Inc. did, after being warned by Board agents on May 2, 1994, fail to
record required information when dispensing prescriptions, to wit: Kinsman
Pharmacy, Inc. failed to record, either manually or in the computer system, the
brand or generic manufacturer, and pharmacists were not manually initialing the
original prescriptions. Such conduct is
in violation of Rules 4729-5-17 and 4729-5-30 of the Ohio Administrative Code
(as was in effect during said time period), and Sections 3719.05 and 4729.38 of
the Ohio Revised Code.
(9) Kinsman Pharmacy,
Inc. did, on or about February 27, 1996, without privilege to do so and with
purpose to prevent, obstruct, or delay the performance by a public official of
any authorized act within his official capacity, hamper or impede a public
official in the performance of his lawful duties, to wit: Kinsman Pharmacy,
Inc. failed to provide previously requested documents during an inspection, and
due to confrontation, employees of the State Board of Pharmacy were unable to
complete the inspection. Such conduct
is in violation of Rule 4729-5-17 of the Ohio Administrative Code (as was in
effect during said time period), and Sections 2921.31 and 3719.27 of the Ohio
Revised Code.
(10) Kinsman Pharmacy, Inc. did, on
or about May 9, 1996, utter a false or forged prescription for dangerous drugs,
to wit: Kinsman Pharmacy, Inc. filled prescription number 431743 for four unit
doses of Flagyl 500mg which was originally dispensed at Revco #305 when there
had been no transfer. Such conduct is
in violation of Section 4729.61(C) of the Ohio Revised Code (as was in effect
during said time period).
(11) Kinsman Pharmacy, Inc. did, on
or before May 21, 1996, allow a registered pharmacist to practice pharmacy
without a photograph attached to his current identification card, to wit: after
being warned on May 2, 1994, for not carrying his identification card on his
person, Robert C. Sutton was found practicing pharmacy without a photo attached
to his identification card. Such
conduct is in violation of Rule 4729-5-02 of the Ohio Administrative Code (as
was in effect during said time period).
(12) Kinsman
Pharmacy, Inc. did, on or before May 21, 1996, fail to keep complete and
accurate records in its automated data system, to wit: prescriptions numbered
429082 and 429081, written for Patient #3, were located in the profile for
Patient #4 and the original prescriptions for Patient #3 were affixed with
computer labels for Patient #4. Such
conduct is in violation of Rule 4729-5-17 of the Ohio Administrative Code (as
was in effect during said time period).
(13) Kinsman Pharmacy, Inc. did, on
or about May 21, 1996, fail to maintain personal supervision over the dangerous
drug stock to prevent theft or diversion, to wit: Kinsman Pharmacy, Inc.
possessed stock bottles of Up Your Gas, containing Ephedrine (Ma Huang),
outside the confines of Kinsman Pharmacy, Inc.
Such conduct is in violation of Rule 4729-9-11 of the Ohio Administrative
Code (as was in effect during said time period).
(14) Kinsman Pharmacy, Inc. did, on
or about November 25, 1996, fail to file a copy of the original prescriptions
in accordance with the rules and regulations adopted by the State Board of Pharmacy,
to wit: Kinsman Pharmacy, Inc. filled prescriptions numbered 435675 and 435676,
using the information on empty vials which originated from Main Discount Drug,
when there had been no legitimate transfer.
Such conduct is in violation of Rule 4729-5-24 of the Ohio
Administrative Code and Section 4729.37 of the Ohio Revised Code.
(15) Kinsman
Pharmacy, Inc. did, on or about November 25, 1996, fail to record required
information when dispensing prescriptions, to wit: Kinsman Pharmacy, Inc.
failed to record prescription information pursuant to transferred prescriptions
numbered 435675 and 435676 such as full name and address of patient, date of
issuance, date of dispensing, pharmacist from which the prescription was
transferred, and original number of refills.
Such conduct is in violation of Rules 4729-5-17, 4729-5-24, and
4729-5-30 of the Ohio Administrative Code.
(16) Kinsman Pharmacy, Inc. did, on
or about November 25, 1996, fail to perform prospective drug utilization review
and patient counseling, to wit: when dispensing medication pursuant to
prescriptions numbered 435675 and 435676, Kinsman Pharmacy, Inc. failed to
review the original prescriptions for over-utilization, incorrect drug dosage
and duration of drug treatment, and misuse; and Kinsman Pharmacy, Inc. failed
to offer patient counseling. Such
conduct is in violation of Rules 4729-5-20 and 4729-5-22 of the Ohio
Administrative Code.
(17) Kinsman Pharmacy, Inc. did, on
or about November 25, 1996, with purpose to deprive, knowingly obtain or exert
control over the property of another by deception, to wit: Kinsman Pharmacy,
Inc. over-charged the patient $4.00, pursuant to prescriptions numbered 435675
and 435676, charging brand-name co-pays when dispensing generic medications. Such conduct is in violation of Sections
2913.02 and 4729.38 of the Ohio Revised Code.
(18) Kinsman
Pharmacy, Inc. did, on or about December 5, 1996, intentionally make and/or
knowingly possess a false or forged prescription, to wit: Kinsman Pharmacy,
Inc. dispensed medications pursuant to prescriptions numbered 435893 and 435894
by allowing an extra refill upon transfer from Overholt Pharmacy. Such conduct is in violation of Rule
4729-5-24 of the Ohio Administrative Code and Section 2925.23 of the Ohio
Revised Code.
(19) Kinsman Pharmacy, Inc. did, on
or about December 5, 1996, fail to perform prospective drug utilization review
and patient counseling, to wit: when dispensing medication pursuant to
prescriptions numbered 435893 and 435894, Kinsman Pharmacy, Inc. failed to
review the original prescriptions for over-utilization, incorrect drug dosage
and duration of drug treatment, and misuse; and Kinsman Pharmacy, Inc. failed
to offer patient counseling. Such
conduct is in violation of Rules 4729-5-20 and 4729-5-22 of the Ohio
Administrative Code.
(20) Kinsman Pharmacy, Inc. did, on
or about December 27, 1996, fail to perform prospective drug utilization review
and patient counseling, to wit: when dispensing medication pursuant to
prescriptions numbered 435893 and 435894, Kinsman Pharmacy, Inc. failed to
review the original prescriptions for over-utilization, incorrect drug dosage
and duration of drug treatment, and misuse; and Kinsman Pharmacy, Inc. failed
to offer patient counseling. Such
conduct is in violation of Rules 4729-5-20 and 4729-5-22 of the Ohio
Administrative Code.
(21) Kinsman Pharmacy, Inc. did, on
or about December 27, 1996, fail to record name and/or initials of the
dispensing pharmacist on the alternate recordkeeping system, to wit: when
dispensing medication pursuant to prescriptions numbered 435893 and 435894,
Robert C. Sutton used the computer initials of Donald R. Sutton. Such conduct is in violation of Rule
4729-5-17 of the Ohio Administrative Code.
(22) Kinsman Pharmacy, Inc. did, on
or about March 10, 1997, fail to preserve prescriptions on file, subject to
inspection by the proper officers of the law, to wit: Kinsman Pharmacy, Inc.
was unable to locate prescription number 435893 dated December 5, 1996. Such conduct is in violation of Rules
4729-5-09, 4729-5-17, and 4729-5-22 of the Ohio Administrative Code and Section
4729.37 of the Ohio Revised Code.
(23) Kinsman Pharmacy, Inc. did, on
or about January 2, 1997, fail to perform prospective drug utilization review
and patient counseling, to wit: when dispensing medication pursuant to
prescriptions numbered 435675 and 435676, Kinsman Pharmacy, Inc. failed to
review the original prescriptions for over-utilization, incorrect drug dosage
and duration of drug treatment, and misuse; and Kinsman Pharmacy, Inc. failed
to offer patient counseling. Such
conduct is in violation of Rules 4729-5-20 and 4729-5-22 of the Ohio
Administrative Code.
(24) Kinsman Pharmacy, Inc. did, on
or about January 2, 1997, with purpose to deprive, knowingly obtain or exert
control over the property of another by deception, to wit: Kinsman Pharmacy
over-charged the patient $4.00, pursuant to prescriptions numbered 435675 and
435676, by charging brand-name co-pays when dispensing generic medications. Such conduct is in violation of Sections
2913.02 and 4729.38 of the Ohio Revised Code.
(25) Kinsman Pharmacy, Inc. did, on
or about the following dates, make or utter false or forged prescriptions for
dangerous drugs, to wit: Kinsman Pharmacy, Inc. created the following
prescription refills for Patient #1, purporting to be legitimate, when there
had been no valid order from an authorized prescriber:
|
Date |
Rx No. |
Drug |
Quantity |
R.Ph. |
|
11/24/95 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
12/26/95 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
01/27/96 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
02/26/96 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
03/23/96 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
11/24/95 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
12/26/95 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
01/27/96 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
02/26/96 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
03/23/96 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
12/26/95 |
426172 |
Prinivil 10mg |
30 |
DRS |
|
01/27/96 |
426172 |
Prinivil 10mg |
30 |
DRS |
|
02/26/96 |
426172 |
Prinivil 10mg |
30 |
DRS |
|
03/23/96 |
426172 |
Prinivil 10mg |
30 |
DRS |
Such conduct is in violation
of Section 4729.61(C) of the Ohio Revised Code (as was in effect during said
time period).
(26) Kinsman Pharmacy, Inc. did, on
or about the following dates, sell at retail dangerous drugs, to wit: Kinsman
Pharmacy, Inc. sold the following dangerous drugs to Patient #1 pursuant to
unauthorized refills:
|
Date |
Rx No. |
Drug |
Quantity |
R.Ph. |
|
11/24/95 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
12/26/95 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
01/27/96 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
02/26/96 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
03/23/96 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
11/24/95 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
12/26/95 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
01/27/96 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
02/26/96 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
03/23/96 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
12/26/95 |
426172 |
Prinivil 10mg |
30 |
DRS |
|
01/27/96 |
426172 |
Prinivil 10mg |
30 |
DRS |
|
02/26/96 |
426172 |
Prinivil 10mg |
30 |
DRS |
|
03/23/96 |
426172 |
Prinivil 10mg |
30 |
DRS |
Such conduct is in violation
of Section 4729.51(C) of the Ohio Revised Code.
(27) Kinsman
Pharmacy, Inc. did, on or about February 26, 1996, and March 23, 1996,
intentionally make and/or knowingly possess false or forged prescriptions, to
wit: on each occasion, Kinsman Pharmacy, Inc. created prescription refills for
Patient #1 pursuant to prescription number 428648, written for 30 unit doses of
Tylenol w/Codeine #3, when there had been no valid order from an authorized
prescriber. Such conduct is in
violation of Section 2925.23(B) of the Ohio Revised Code.
(28) Kinsman Pharmacy, Inc. did, on
or about February 26, 1996, and March 23, 1996, sell a controlled substance in
an amount equal to or exceeding the bulk amount, but in an amount less than
three times that amount when the conduct was not in accordance with Chapters
3719., 4729., and 4731. of the Ohio Revised Code, to wit: on each occasion,
Kinsman Pharmacy sold 30 unit doses of Tylenol w/Codeine #3 pursuant to
prescription number 428648 to Patient #1 without a legitimate purpose. Such conduct is in violation of Section
2925.03(A)(5) of the Ohio Revised Code (as was in effect during said time
period).
(29) Kinsman Pharmacy, Inc. did, on
or about September 1, 1995, intentionally make and/or knowingly possess a false
or forged prescription, to wit: Kinsman Pharmacy, Inc. created a refill for
Patient #7, pursuant to prescription number 424559 written for 30 unit doses of
propoxyphene napsylate 100mg/APAP 650mg, when there had been no such order from
an authorized prescriber. Such conduct
is in violation of Section 2925.23(B) of the Ohio Revised Code.
(30) Kinsman Pharmacy, Inc. did, on
or about September 1, 1995, sell a controlled substance in an amount less than
the bulk amount when the conduct was not in accordance with Chapters 3719.,
4729., and 4731. of the Ohio Revised Code, to wit: Kinsman Pharmacy, Inc. sold
30 unit doses of propoxyphene napsylate 100mg/APAP 650mg to Patient #7 pursuant
to prescription number 424559 without a legitimate purpose. Such conduct is in violation of Section
2925.03(A)(1) of the Ohio Revised Code (as was in effect during said time
period).
(31) Kinsman Pharmacy, Inc. did, on
or before June 11, 1997, fail to preserve prescriptions on file, subject to
inspection by the proper officers of the law, to wit: Kinsman Pharmacy, Inc.
was unable to locate prescriptions numbered 410686, 411023, 411162, 411995,
412814, 413731, 414686, 415414, 431182, and 431964. Such conduct is in violation of Rules 4729-5-09, 4729-5-17, and
4729-9-22 of the Ohio Administrative Code and Section 4729.37 of the Ohio
Revised Code.
(32) Kinsman Pharmacy, Inc. did,
from June 10, 1993, through May 18, 1996, intentionally make and/or knowingly
possess false or forged prescriptions, to wit: throughout this 774-day time
period, Kinsman Pharmacy, Inc. dispensed, on 158 occasions, 9,510 unit doses of
Hydrocodone 5mg/APAP 500mg to Patient #2, when 4,644 unit doses was the maximum
amount authorized by a physician. Of
those dispensings, 53% were made by Donald R. Sutton, R.Ph. Kinsman Pharmacy, Inc. created refills
and/or refilled prescriptions too quickly, over-dispensing 4,866 unit
doses. Such conduct is in violation of
Section 2925.23(B) of the Ohio Revised Code.
(33) Kinsman
Pharmacy, Inc. did, on or about June 10, 1993, through May 18, 1996, sell a
controlled substance in an amount exceeding one hundred times the bulk amount
when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of
the Ohio Revised Code, to wit: Kinsman Pharmacy, Inc. sold 4,866 unit doses of
Hydrocodone 5mg/APAP 500mg to Patient #2 without authorization by the
prescribing physician and without a legitimate purpose. Of these dispensings, 53% were made by
Donald R. Sutton, R.Ph. Such conduct is
in violation of Chapter 4729-5 of the Ohio Administrative Code and Section
2925.03(A)(10) of the Ohio Revised Code (as was in effect during said time
period).
(34) Kinsman Pharmacy, Inc. did,
from July 5, 1995, through May 10, 1996, intentionally make and/or knowingly
possess false or forged prescriptions, to wit: on each listed occasion Kinsman
Pharmacy, Inc. dispensed 100 unit doses of Darvocet N-100 to Patient #3 by
creating unauthorized refills pursuant to the following prescriptions:
|
Date |
Rx No. |
R.Ph. |
|
07/05/95 |
422627 |
DRS |
|
12/05/95 |
427511 |
DRS |
|
01/22/96 |
429082 |
DRS |
|
03/02/96 |
429082 |
DRS |
|
04/12/96 |
430359 |
RCS |
|
05/10/96 |
430359 |
DRS |
Such conduct is in violation
of Section 2925.23(B) of the Ohio Revised Code.
(35) Kinsman Pharmacy, Inc. did,
from July 5, 1995, and through May 10, 1996, sell a controlled substance in an
amount equal to or exceeding three times the bulk amount, but in an amount less
than one hundred times that amount when the conduct was not in accordance with
Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: on each
occasion Kinsman Pharmacy, Inc. sold 100 unit doses of Darvocet N-100 to
Patient #3 by creating unauthorized refills pursuant to the following
prescriptions:
|
Date |
Rx No. |
R.Ph. |
|
07/05/95 |
422627 |
DRS |
|
12/05/95 |
427511 |
DRS |
|
01/22/96 |
429082 |
DRS |
|
03/02/96 |
429082 |
DRS |
|
04/12/96 |
430359 |
RCS |
|
05/10/96 |
430359 |
DRS |
Such conduct is in violation
of Section 2925.03(A)(7) of the Ohio Revised Code (as was in effect during said
time period).
(36) Kinsman Pharmacy, Inc. did,
from July 15, 1994, through June 28, 1995, intentionally make and/or knowingly
possess false or forged prescriptions, to wit: on each occasion Kinsman
Pharmacy, Inc. dispensed 50 unit doses of Darvocet N‑100 to Patient #4 by
creating unauthorized refills pursuant to the following prescriptions:
|
Date |
Rx No. |
R.Ph. |
|
07/15/94 |
417124 |
RMZ |
|
11/02/95 |
427086 |
DRS |
|
02/20/95 |
427086 |
DRS |
|
05/25/95 |
424156 |
DRS |
|
06/28/95 |
424156 |
DRS |
Such conduct is in violation
of Section 2925.23(B) of the Ohio Revised Code.
(37) Kinsman Pharmacy, Inc. did,
from July 15, 1994, through June 28, 1995, sell a controlled substance in an
amount less than the bulk amount when the conduct was not in accordance with
Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: on each
occasion Kinsman Pharmacy, Inc. sold 50 unit doses of Darvocet N-100 to Patient
#4 by creating unauthorized refills pursuant to the following prescriptions:
|
Date |
Rx No. |
R.Ph. |
|
07/15/94 |
417124 |
RMZ |
|
11/02/95 |
427086 |
DRS |
|
02/20/95 |
427086 |
DRS |
|
05/25/95 |
424156 |
DRS |
|
06/28/95 |
424156 |
DRS |
Such conduct is in violation
of Section 2925.03(A)(1) of the Ohio Revised Code (as was in effect during said
time period).
(38) Kinsman Pharmacy, Inc. did,
from August 8, 1993, through February 27, 1996, intentionally make and/or
knowingly possess false or forged prescriptions, to wit: on each occasion
Kinsman Pharmacy, Inc. dispensed Talacen to Patient #5 by creating unauthorized
refills pursuant to the following prescriptions:
|
Date |
Rx No. |
Quantity |
R.Ph. |
|
08/10/93 |
411310 |
25 |
RCS |
|
08/18/93 |
411310 |
25 |
DRS |
|
01/04/94 |
413829 |
25 |
RCS |
|
02/02/94 |
413829 |
25 |
PJM |
|
04/12/94 |
416030 |
25 |
DRS |
|
04/18/94 |
416030 |
25 |
DRS |
|
11/14/94 |
420557 |
30 |
DRS |
|
11/22/94 |
420557 |
30 |
DRS |
|
12/05/94 |
420557 |
30 |
DRS |
|
12/16/94 |
420557 |
30 |
DRS |
|
12/26/94 |
420557 |
30 |
DRS |
|
01/06/95 |
420557 |
30 |
RMZ |
|
01/16/95 |
421862 |
30 |
DRS |
|
01/24/95 |
421862 |
30 |
DRS |
|
02/01/95 |
421862 |
30 |
RCS |
|
02/09/95 |
421862 |
30 |
RCS |
|
03/16/95 |
422625 |
20 |
DRS |
|
03/25/95 |
422625 |
30 |
RCS |
|
04/07/95 |
422625 |
30 |
WMC |
|
09/14/95 |
426186 |
20 |
RCS |
|
09/23/95 |
426186 |
30 |
RCS |
|
10/02/95 |
426186 |
30 |
DRS |
|
01/27/96 |
428575 |
25 |
DRS |
|
02/07/96 |
428575 |
25 |
DRS |
Such conduct is in violation
of Section 2925.23(B) of the Ohio Revised Code.
(39) Kinsman Pharmacy, Inc. did,
from August 10, 1993, through February 7, 1996, sell a controlled substance in
an amount exceeding the bulk amount but in an amount less than three times that
amount when the conduct was not in accordance with Chapters 3719., 4729., and
4731. of the Ohio Revised Code, to wit: on each occasion Kinsman Pharmacy, Inc.
sold Talacen to Patient #5 without a valid prescription and/or without a
legitimate purpose:
|
Date |
Rx No. |
Quantity |
R.Ph. |
|
08/10/93 |
411310 |
25 |
RCS |
|
08/18/93 |
411310 |
25 |
DRS |
|
01/04/94 |
413829 |
25 |
RCS |
|
02/02/94 |
413829 |
25 |
PJM |
|
04/12/94 |
416030 |
25 |
DRS |
|
04/18/94 |
416030 |
25 |
DRS |
|
11/14/94 |
420557 |
30 |
DRS |
|
11/22/94 |
420557 |
30 |
DRS |
|
12/05/94 |
420557 |
30 |
DRS |
|
12/16/94 |
420557 |
30 |
DRS |
|
12/26/94 |
420557 |
30 |
DRS |
|
01/06/95 |
420557 |
30 |
RMZ |
|
01/16/95 |
421862 |
30 |
DRS |
|
01/24/95 |
421862 |
30 |
DRS |
|
02/01/95 |
421862 |
30 |
RCS |
|
02/09/95 |
421862 |
30 |
RCS |
|
03/16/95 |
422625 |
20 |
DRS |
|
03/25/95 |
422625 |
30 |
RCS |
|
04/07/95 |
422625 |
30 |
WMC |
|
09/14/95 |
426186 |
20 |
RCS |
|
09/23/95 |
426186 |
30 |
RCS |
|
10/02/95 |
426186 |
30 |
DRS |
|
01/27/96 |
428575 |
25 |
DRS |
|
02/07/96 |
428575 |
25 |
DRS |
Such conduct is in violation
of Chapter 4729-5 of the Ohio Administrative Code and Section 2925.03(A)(7) of
the Ohio Revised Code (as was in effect during said time period).
(40) Kinsman
Pharmacy, Inc. did, on or about the following dates, make or utter false or
forged prescriptions for dangerous drugs, to wit: Kinsman Pharmacy, Inc.
created the following prescription refills for Patient #5, purporting to be
legitimate, when there had been no valid order from an authorized prescriber:
|
Date |
Rx No. |
Drug |
Quantity |
R.Ph. |
|
11/10/93 |
412337 |
Terazol 7 0.4% cream |
1 tube |
DRS |
|
02/28/94 |
412337 |
Terazol 7 0.4% cream |
1 tube |
DRS |
|
06/06/94 |
412337 |
Terazol 7 0.4% cream |
1 tube |
DRS |
Such conduct is in violation
of Section 4729.61(C) of the Ohio Revised Code (as was in effect during said
time periods).
(41) Kinsman Pharmacy, Inc. did, on
or about the following dates, sell at retail dangerous drugs, to wit: Kinsman
Pharmacy, Inc. sold the following drugs to Patient #5 pursuant to unauthorized
refills:
|
Date |
Rx No. |
Drug |
Quantity |
R.Ph. |
|
11/10/93 |
412337 |
Terazol 7 0.4% cream |
1 tube |
DRS |
|
02/28/94 |
412337 |
Terazol 7 0.4% cream |
1 tube |
DRS |
|
06/06/94 |
412337 |
Terazol 7 0.4% cream |
1 tube |
DRS |
Such conduct is in violation
of Section 4729.51(C) of the Ohio Revised Code.
(42) Kinsman Pharmacy, Inc. did,
from March 27, 1995, through November 24, 1995, intentionally make and/or
knowingly possess false or forged prescriptions, to wit: on each listed
occasion Kinsman Pharmacy, Inc. dispensed 30 unit doses of Darvocet N-100 to
Patient #6 by creating unauthorized refills pursuant to the following
prescriptions:
|
Date |
Rx No. |
R.Ph. |
|
03/27/95 |
421578 |
DRS |
|
06/08/95 |
421578 |
WMC |
|
11/24/95 |
426710 |
DRS |
Such conduct is in violation
of Section 2925.23(B) of the Ohio Revised Code.
(43) Kinsman Pharmacy, Inc. did,
from March 27, 1995, through November 24, 1995, sell a controlled substance in
an amount less than the bulk amount when the conduct was not in accordance with
Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: on each
occasion Kinsman Pharmacy, Inc. sold 30 unit doses of Darvocet N-100 to Patient
#6 without a legitimate purpose:
|
Date |
Rx No. |
R.Ph. |
|
03/27/95 |
421578 |
DRS |
|
06/08/95 |
421578 |
WMC |
|
11/24/95 |
426710 |
DRS |
Such conduct is in violation
of Section 2925.03(A)(1) of the Ohio Revised Code (as was in effect during said
time period).
(44) Kinsman Pharmacy, Inc. did, on
or about November 7, 1995, through May 15, 1996, make or utter false or forged
prescriptions for dangerous drugs, to wit: Kinsman Pharmacy, Inc. created the
following prescription refills for Patient #6 purporting to be legitimate when
there had been no valid order from an authorized prescriber:
|
Date |
Rx No. |
Drug |
Quantity |
R.Ph. |
|
11/07/95 |
426139 |
Vasotec |
30 |
DRS |
|
12/04/95 |
426139 |
Vasotec |
30 |
DRS |
|
05/15/96 |
426139 |
Vasotec |
30 |
DRS |
|
12/04/95 |
426809 |
Ticlid 250mg |
60 |
DRS |
|
01/10/96 |
426809 |
Ticlid 250mg |
60 |
DRS |
|
02/16/96 |
426809 |
Ticlid 250mg |
60 |
RCS |
|
04/01/96 |
426809 |
Ticlid 250mg |
60 |
DRS |
|
05/15/96 |
426809 |
Ticlid 250mg |
60 |
DRS |
Such conduct is in violation
of Section 4729.61(C) [as was in effect at the time of the acts, currently
Section 2925.23(A)] of the Ohio Revised Code.
(45) Kinsman Pharmacy, Inc. did,
from on or about November 7, 1995, through May 15, 1996, sell at retail
dangerous drugs, to wit: Kinsman Pharmacy, Inc. sold the following dangerous
drugs to Patient #6 without a legitimate purpose:
|
Date |
Rx No. |
Drug |
Quantity |
R.Ph. |
|
11/07/95 |
426139 |
Vasotec |
30 |
DRS |
|
12/04/95 |
426139 |
Vasotec |
30 |
DRS |
|
05/15/96 |
426139 |
Vasotec |
30 |
DRS |
|
12/04/95 |
426809 |
Ticlid 250mg |
60 |
DRS |
|
01/10/96 |
426809 |
Ticlid 250mg |
60 |
DRS |
|
02/16/96 |
426809 |
Ticlid 250mg |
60 |
RCS |
|
04/01/96 |
426809 |
Ticlid 250mg |
60 |
DRS |
|
05/15/96 |
426809 |
Ticlid 250mg |
60 |
DRS |
Such conduct is in violation
of Section 4729.51(C) of the Ohio Revised Code.
(46) Kinsman
Pharmacy, Inc. did, on or about March 10, 1997, knowingly make a false
statement in a record required by Chapter 3719. of the Ohio Revised Code, to
wit: in order to mislead Compliance Agent George Pavlich during an inspection,
Donald R. Sutton, a pharmacist employed by Kinsman Pharmacy, Inc., entered a
false address into the patient profile of James R. Martin. Such conduct is in violation of Sections
2925.23(A) and 3719.05 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
(2) through (6), (8), (9), (11) through (16), (18) through (23), (31), (33),
and (39) of the Findings of Fact constitute violating a rule of the Board as
provided in Division (A)(2) of Section 4729.57 of the Ohio Revised Code.
(2) Upon
consideration of the record as a whole, the State Board of Pharmacy concludes
that paragraphs (2), (6), (8), (10), (14), (17), (22), (24), (25), (26), (31),
(40), (41), (44), and (45) of the Findings of Fact constitute violating
provisions of Chapter 4729. of the Revised Code as provided in Division (A)(3)
of Section 4729.57 of the Ohio Revised Code.
(3) Upon consideration
of the record as a whole, the State Board of Pharmacy concludes that paragraphs
(3) through (9), (18), (27) through (30), (32) through (39), (42), (43), and
(46) of the Findings of Fact constitute violating provisions of the federal
narcotic law or Chapter 2925. or 3719. of the Revised Code as provided in
Division (A)(5) of Section 4729.57 of the Ohio Revised Code.
(4) 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 ceasing to satisfy the
qualifications of a terminal distributor of dangerous drugs set forth in
Section 4729.55 of the Revised Code as provided in Division (A)(7) of Section
4729.57 of the Ohio Revised Code.
ACTION
OF THE BOARD
Pursuant to Section 4729.57
of the Ohio Revised Code, the State Board of Pharmacy takes the following
actions in the matter of Kinsman Pharmacy, Inc.:
(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 terminal distributor of
dangerous drugs license, No. 02-0104350, held by Kinsman Pharmacy, Inc.
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 terminal distributor of
dangerous drugs license, No. 02-0104350, held by Kinsman Pharmacy, Inc.
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 terminal distributor of
dangerous drugs license, No. 02-0104350, held by Kinsman Pharmacy, Inc.
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 terminal distributor of
dangerous drugs license, No. 02-0104350, held by Kinsman Pharmacy, Inc.
effective as of the date of the mailing of this Order.
Division (B)(1) of Section
4729.57 of the Ohio Revised Code requires that, upon the revocation of a
license issued to a terminal distributor of dangerous drugs, the distributor
shall immediately surrender the license to the Board. The license should be forwarded by certified mail, return receipt
requested.
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-7/Nay-0).
RES. 2000-177 Mr. Repke moved that the Board adopt the following Order in the matter of Donald Robert Sutton, R.Ph.:
ORDER OF THE STATE BOARD OF PHARMACY
(Docket
No. D-991007-027)
In
The Matter Of:
DONALD ROBERT SUTTON, R.Ph.
7333
Perkins-Greenville Road
Kinsman,
Ohio 44428
(R.Ph. No. 03-3-12930)
INTRODUCTION
THE MATTER OF DONALD ROBERT SUTTON CAME TO HEARING
ON MAY 2 AND 3, 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.; AMONTE B. LITTLEJOHN,
R.Ph.; SUZANNE L. NEUBER, R.Ph.; AND NICHOLAS R. REPKE, PUBLIC MEMBER.
DONALD ROBERT SUTTON WAS REPRESENTED BY EMMOR F.
SNYDER, 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
(2) David Gallagher,
Ohio State Board of Pharmacy
Respondent's Witnesses:
(1) None
(B) Exhibits
State's Exhibits:
(1) Exhibit RS1--Copy
of sixteen-page Notice of Opportunity for Hearing letter of Robert C. Sutton
dated October 7, 1999.
(2) Exhibit DS1--Copy
of twelve-page Notice of Opportunity for Hearing letter of Donald Robert Sutton
dated October 7, 1999.
(3) Exhibit KP1--Copy
of fifteen-page Notice of Opportunity for Hearing letter of Kinsman Pharmacy,
Inc. dated October 7, 1999.
(4) Exhibit 1A--Hearing
request letter in the matters of Kinsman Pharmacy, Inc., Robert C. Sutton, and
Donald R. Sutton dated October 25, 1999.
(5) Exhibit 1B--Copy of
Hearing Schedule letter in the matter of Robert C. Sutton dated October 28,
1999; copy of Hearing Schedule letter in the matter of Donald Robert Sutton
dated October 28, 1999; and copy of Hearing Schedule letter in the matter of
Kinsman Pharmacy, Inc. dated October 28, 1999.
(6) Exhibit 1C--Copy of
Hearing Schedule letter in the matters of Kinsman Pharmacy, Inc., Robert C.
Sutton, and Donald R. Sutton dated January 14, 2000.
(7) Exhibit RS1D--Copy
of Pharmacist File Front Sheet of Robert Carter Sutton, Jr. showing original
date of registration as August 4, 1952; and two-page copy of Renewal
Application for Pharmacist License No. 03-3-05272 for a license to practice
pharmacy in Ohio from September 15, 1999, to September 15, 2000, of Robert C.
Sutton dated July 14, 1999.
(8) Exhibit DS1D--Copy
of Pharmacist File Front Sheet of Donald Robert Sutton showing original date of
registration as August 8, 1979; and two-page copy of Renewal Application for
Pharmacist License No. 03-3-12930 for a license to practice pharmacy in Ohio
from September 15, 1999, to September 15, 2000, of Donald Robert Sutton dated
July 14, 1999.
(9) Exhibit KP1D--Copy
of Renewal Application for DDD License No. 02-0104350 for a terminal
distributor of dangerous drugs license from January 1, 1999, to December 31,
1999, of Kinsman Pharmacy, Inc. dated October 21, 1998.
(10) Exhibit 2--Eight-page
Inspector Copy of Dangerous Drug Distributor Inspection Report of Kinsman
Pharmacy, Inc., Terminal Distributor No. 02-104350, dated May 2, 1994; and
six-page copy of response to inspection report violations signed by Donald
Sutton, not dated.
(11) Exhibit 2A--Eleven-page
Inspector Copy of Dangerous Drug Distributor Inspection Report of Kinsman
Pharmacy, Inc., Terminal Distributor No. 02-104350, dated May 21, 1996; and
copy of eleven-page inspection report with handwritten responses to violations,
not signed or dated; copy of prescriptions numbered 408064 and 408065; and copy
of handwritten notes on Opryland Hotel letterhead regarding Kinsman Pharmacy
patients.
(12) Exhibit 2B--Handwritten Class
II Inventory of Kinsman Pharmacy dated May, 1996; and four-page handwritten
Controlled Substance Inventory (Class III-V) of Kinsman Pharmacy dated April
23, 1996.
(13) Exhibit 3--Nine prescriptions
numbered as follows: 408867, 408054, 408052, 409831, 410935, 409975 and 409976,
414249, 409834, and 408855.
(14) Exhibit 4--Seven prescriptions
numbered as follows: 430504, 430090, 425366, 427829, 426383, 425369, and
427036.
(15) Exhibit 5--Inspector Copy of
Dangerous Drug Distributor Inspection Report of Kinsman Pharmacy, Inc.,
Terminal Distributor No. 02-104350, dated February 27, 1996.
(16) Exhibit 6--Copy of letter from
Timothy J. Benedict dated January 22, 1996.
(17) Exhibit 7--Copy of two-page
letter from Donald R. Sutton dated February 28, 1996.
(18) Exhibit 8--Copy of Kinsman
Township Police Department Incident Report, No. 96-141, dated February 28,
1996.
(19) Exhibit 9--Copy of Kinsman
Township Police Department Voluntary Statement of Donald Sutton dated March 5,
1996.
(20) Exhibit
10--Copy of Kinsman Township Police Department Voluntary Statement of Bonnie
Mae Hogan dated March 5, 1996.
(21) Exhibit 11--Copy of two-page
Kinsman Township Police Department Voluntary Statement of Susan Kidd dated
February 29, 1996.
(22) Exhibit 12--Copy of letter
from Richard G. Ward, Inspector General, dated May 6, 1996.
(23) Exhibit
13--Twenty-three-page Transcript of conversations during a tape-recorded
investigation at Kinsman Pharmacy of Agent George Pavlich, Agent Lynn Mudra,
Agent Frank Bodi, and Agent Supervisor Robert Cole, and Kinsman Pharmacy
personnel conducted on February 27, 1996.
(24) Exhibit 14--Copy of Kinsman
Pharmacy Invoice for Investigation Consultation dated March 5, 1996.
(25) Exhibit 15--Prescription
number 431743; empty Revco prescription vial number 0305-305757 dated May 7,
1996; Kinsman Pharmacy Prescription Profile detailed report of Chong Hegedus
for the time period of January 1, 1996, to May 21, 1996, dated May 21, 1996;
and handwritten notes regarding prescriptions numbered 431743 and 0305-305757.
(26) Exhibit 16--Seventy-two-page
Transcript of conversations during tape-recorded investigation at Kinsman
Pharmacy of Agent George Pavlich, Agent David Gallagher, Agent Christopher
Reed, Agent Jim Reye, and pharmacy staff conducted on May 21, 1996.
(27) Exhibit 17--Prescription
number 429081.
(28) Exhibit 18--Prescription
number 429082.
(29) Exhibit 19--Thirteen-page
Kinsman Pharmacy Prescription Profile detailed report of Robert Floch for the
time period from January 1, 1994, to December 31, 1996, dated June 11, 1997.
(30) Exhibit 20--Seven-page Kinsman
Pharmacy Prescription Profile detailed report of Catherine T. Floch for the
time period of January 1, 1993, to May 21, 1996, dated May 29, 1996.
(31) Exhibit 21--Two sealed bottles
labeled Up Your Gas containing 30 tablets each.
(32) Exhibit 22--Duplicate Main
Discount Drug prescription labels numbered 130966 and 130967 dated November 1,
1996, and handwritten notes of George Pavlich, not dated.
(33) Exhibit 23--Two Kinsman
Pharmacy prescription vials: number 435675 containing 80 tablets of
Propoxyphene-N 100mg/APAP 650mg dated November 25, 1996, and number 435676
containing 60 tablets of Cyclobenzaprine 10mg dated November 25, 1996, in a
white bag displaying patient pay labels from prescriptions numbered 435675 and
435676 dated November 25, 1996.
(34) Exhibit 24--Prescription
number 435675.
(35) Exhibit 25--Prescription
number 435676.
(36) Exhibit 26--Two Kinsman
Pharmacy Prescription Profile reports, one detailed and one abbreviated, of
Samuel P. Vacanti for the time period of June 1, 1996, to March 10, 1997, dated
March 10, 1997.
(37) Exhibit 27--Copy of Blue
Cross/Blue Shield of Ohio Insurance Card of Samuel P. Vacanti with attached
instructions dated November 1, 1992.
(38) Exhibit 28--Overholt’s
Pharmacy duplicate labels for prescriptions numbered 389931 and 389932 dated
November 14, 1996.
(39) Exhibit
29--Prescription number 435894 and handwritten note regarding prescription
number 435893.
(40) Exhibit 30--Two Kinsman
Pharmacy prescription vials: number 435893 containing 45 tablets of
Carisoprodol 350mg dated December 5, 1996, and number 435894 containing 60
tablets of Propoxyphene-N 100mg/APAP 650mg dated December 5, 1996, and a white
bag displaying a Kinsman Pharmacy label and patient pay labels for
prescriptions numbered 435893 and 435894 dated December 5, 1996.
(41) Exhibit 31--Two Kinsman
Pharmacy Prescription Profile reports, one detailed and one abbreviated, of
James R. Martin for the time period of June 1, 1996, to March 10, 1997, dated
March 10, 1997.
(42) Exhibit 32--Copy of Blue
Cross/Blue Shield of Ohio Insurance Card of James R. Martin with attached
instructions dated November 1, 1992.
(43) Exhibit
33--Four Kinsman Pharmacy prescription vials: two numbered 435893 containing 90
tablets each of Carisoprodol 350mg dated December 27, 1996, and two numbered
435894 containing 120 tablets each of Propoxyphene-N 100mg/APAP 650mg dated
December 27, 1996, and a white bag displaying a Kinsman Pharmacy label and
patient pay labels for prescriptions numbered 435893 and 435894 dated December
27, 1996 in evidence bag, Case No. NL-0062, dated December 27, 1996.
(44) Exhibit 34--Eighteen-page
Transcript of conversations during tape-recorded investigation at Kinsman
Pharmacy of Agent George Pavlich, Tom Malone, and pharmacy staff conducted on
March 10, 1997.
(45) Exhibit 35--Two Kinsman
Pharmacy prescription vials: number 435675 containing 80 tablets of
Propoxyphene-N 100mg/APAP 650mg dated January 2, 1997, and number 435676
containing 60 tablets of Cyclobenzaprine 10mg dated January 2, 1997, in a
Kinsman Pharmacy white bag displaying patient pay labels from prescriptions
numbered 435675 and 435676 dated January 2, 1997.
(46) Exhibit 36--Four prescriptions
numbered as follows: 426170, 426171, 426172, and 428648.
(47) Exhibit 37--Eleven-page
Kinsman Pharmacy Prescription Profile detailed report of Grace Banning for the
time period of January 1, 1993, to May 21, 1996, dated May 29, 1996.
(48) Exhibit 38--Pages 88, 89, and
90 of Ohio State Board of Pharmacy Report of Investigation, Case No. 96-1222,
Statement of Robert Waite, D.O. signed and notarized on September 11, 1997.
(49) Exhibit 39--Three
prescriptions numbered 427721, 424559, and 428182.
(50) Exhibit 40--Thirteen-page
Kinsman Pharmacy Prescription Profile detailed report of Katherine Draa for the
time period of January 1, 1993, to May 21, 1996, report dated May 21, 1996.
(51) Exhibit 41--Pages 3 and 4 of
Ohio State Board of Pharmacy Report of Investigation, Case No. 96-1222,
Statement of Robert Waite, D.O. signed and notarized on September 11, 1997.
(52) Exhibit 42--Four-page
Inspector Copy of Dangerous Drug Distributor Inspection Report of Kinsman
Pharmacy, Inc., Terminal Distributor No. 02-104350, dated June 11, 1997.
(53) Exhibit 43--Eight-page Kinsman
Pharmacy Prescription Profile detailed report of Barry Savel for the time
period of January 1, 1993, to May 21, 1996, report dated May 21, 1996.
(54) Exhibit
44--Twenty-one prescriptions numbered as follows: 416356, 417130, 417789,
418415, 419084, 419813, 420428, 421185, 421906, 422596, 423330, 424018, 424632,
425179, 425761, 426278, 426848, 427613, 428129, 429233, and 430267.
(55) Exhibit 45--Five-page Ohio
State Board of Pharmacy Report of Investigation, Case No. 96-1222, by Agent
George Pavlich dated July 6, 1999.
(56) Exhibit 46--Eight-page Ohio
State Board of Pharmacy Report of Investigation, Case No. 96-1222, Statement of
R. Denison Stewart, M.D. signed and notarized on September 23, 1997.
(57) Exhibit 47--Three
prescriptions numbered as follows: 422627, 427511, and 430360.
(58) Exhibit 48--Pages 108, 109,
and 110 of Ohio State Board of Pharmacy Report of Investigation, Case No.
96-1222, Statement of Mary E. Magyar, Office Manager for Gary W. Stucke, D.O.
signed and notarized on September 11, 1997.
(59) Exhibit 49--Two prescriptions
numbered as follows: 417124 and 427086.
(60) Exhibit 50--Pages 111 and 112
of Ohio State Board of Pharmacy Report of Investigation, Case No. 96-1222,
Statement of Bridget Donnelly, Office Manager for E. Lee Foster, D.O. signed
and notarized on September 11, 1997.
(61) Exhibit 51--Two prescriptions
numbered as follows: 424156 and 430728.
(62) Exhibit 52--Pages 113 and 114
of Ohio State Board of Pharmacy Report of Investigation, Case No. 96-1222,
Statement of Mary E. Magyar, Office Manager of Dr. Gary W. Stucke signed and
notarized on September 11, 1997.
(63) Exhibit 53--Nine prescriptions
numbered as follows: 411310, 412337, 413829, 416030, 420557, 421862, 422625,
426186, and 428575.
(64) Exhibit 54--Nineteen-page
Kinsman Pharmacy Prescription Profile detailed report of Margaret Goist for the
time period of January 1, 1993, to May 21, 1996, dated May 21, 1996.
(65) Exhibit 55--Four-page Ohio
State Board of Pharmacy Report of Investigation, Case No. 96-1222, Statement of
Bridget Donnelly, Office Manager for D. Lee Foster, D.O. signed and notarized
on September 11, 1997.
(66) Exhibit 56--Four prescriptions
numbered as follows: 421578, 426710, 426139, and 426809.
(67) Exhibit 57--Ten-page Kinsman
Pharmacy Prescription Profile detailed report of Betty Logan for the time
period of January 1, 1993, to May 21, 1996, dated May 28, 1996.
(68) Exhibit 58--Three-page Ohio
State Board of Pharmacy Report of Investigation, Case No. 96-1222, Statement of
Robert M. Waite, D.O. signed and notarized on September 11, 1997.
Respondent's Exhibits:
(1) Exhibit A--Copy of
letter from Dale E. Goist dated March 17, 2000.
(2) Exhibit B--Copy of
two-page letter from Barry Savel dated March 25, 2000.
(3) Exhibit C--Copy of
two-page record of prescriptions for Margaret Goist from E. Lee Foster, D.O.
dated January 17, 2000.
(4) Exhibit D--Copy of
letter from Robert Floch and Catherine Floch dated February 15, 2000.
(5) Exhibit E--Copy of
letter from Jeffrey A. Bedlion, M.D. dated January 18, 2000.
(6) Exhibit F--Copy of
letter from Rev. Dr. John F. Helgeson dated January 14, 2000.
(7) Exhibit G--Copy of
letter from Timothy D. Compan, not dated.
(8) Exhibit H--Copy of
letter from Robert M. Waite, D.O. dated January 9, 2000.
(9) Exhibit I--Copy of
letter from Brad Smith, Pastor dated February 15, 2000.
(10) Exhibit J--Copy of letter from
Margery Hine dated February 17, 2000.
(11) Exhibit K--Copy of letter from
Police Chief Leroy Long dated February 28, 2000.
(12) Exhibit L--Copy of diagram of
Kinsman Pharmacy prescription room and location of seven people within that
room.
(13) Exhibit M--Copy of two-page
Response to the Ohio State Board of Pharmacy from Donald R. Sutton, not dated.
(14) Exhibit N--Copy of three-page
Response to the Ohio State Board of Pharmacy from Robert C. Sutton, not dated.
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 Donald Robert Sutton was originally
licensed in the state of Ohio on August 8, 1979, pursuant to examination, and
is currently licensed to practice pharmacy in the state of Ohio.
(2) Donald Robert
Sutton did, after being warned by Board agents on May 2, 1994, fail to record
required information when dispensing prescriptions, to wit: Donald Robert
Sutton failed to record prescription information such as date, dispensing
pharmacist, drug dispensed and quantity, the brand or generic manufacturer of
the drug dispensed, or the manual initials of dispensing pharmacist. Such conduct is in violation of Rules
4729-5-17 and 4729-5-30 of the Ohio Administrative Code (as was in effect
during said time period) and Sections 3719.05 and 4729.38 of the Ohio Revised
Code.
(3) Donald Robert
Sutton did, on or about February 27, 1996, without privilege to do so and with
purpose to prevent, obstruct, or delay the performance by a public official of
any authorized act within his official capacity, hamper or impede a public
official in the performance of his lawful duties, to wit: Donald Robert Sutton
failed to provide previously requested documents during an inspection, and due
to a physical confrontation, employees of the State Board of Pharmacy were
unable to complete the inspection. Such
conduct is in violation of Rule 4729-5-17 of the Ohio Administrative Code (as
was in effect during said time period) and Sections 2921.31 and 3719.27 of the
Ohio Revised Code.
(4) Donald Robert
Sutton did, on or about November 25, 1996, intentionally make and/or knowingly
possess false or forged prescriptions, to wit: Donald Robert Sutton filled
prescriptions, numbered 435675 and 435676, using the information on empty vials
which originated from Main Discount Drug when there had been no legitimate
transfer. Such conduct is in violation
of Rule 4729-5-24 of the Ohio Administrative Code and Section 2925.23 of the
Ohio Revised Code.
(5) Donald Robert
Sutton did, on or about November 25, 1996, fail to record required information
when dispensing prescriptions, to wit: Donald Robert Sutton failed to record
prescription information pursuant to transferred prescriptions numbered 435675
and 435676 such as full name and address of patient, date of issuance, date of
dispensing, name of pharmacist who transferred the prescription, and original
number of refills. Such conduct is in
violation of Rules 4729-5-17, 4729-5-24, and 4729-5-30 of the Ohio
Administrative Code.
(6) Donald Robert
Sutton did, on or about November 25, 1996, fail to perform prospective drug
utilization review and patient counseling, to wit: Donald Robert Sutton failed
to review original prescriptions for over-utilization, incorrect drug dosage
and duration of drug treatment, and misuse; and Donald Robert Sutton failed to
offer patient counseling when dispensing medication pursuant to prescriptions
numbered 435675 and 435676. Such
conduct is in violation of Rules 4729-5-20 and 4729-5-22 of the Ohio
Administrative Code.
(7) Donald Robert
Sutton did, on or about November 25, 1996, with purpose to deprive, knowingly
obtain or exert control over the property of another by deception, to wit:
Donald Robert Sutton over-charged the patient $4.00, pursuant to prescriptions
numbered 435675 and 435676, charging brand-name co-pays when dispensing generic
medications. Such conduct is in
violation of Sections 2913.02 and 4729.38 of the Ohio Revised Code.
(8) Donald Robert
Sutton did, on or about December 5, 1996, intentionally make and/or knowingly
possess a false or forged prescription, to wit: Donald Robert Sutton dispensed
medications pursuant to prescriptions numbered 435893 and 435894 by allowing an
extra refill upon transfer from Overholt Pharmacy. Such conduct is in violation of Rule 4729-5-24 of the Ohio Administrative
Code and Section 2925.23 of the Ohio Revised Code.
(9) Donald Robert
Sutton did, on or about December 5, 1996, fail to perform prospective drug
utilization review and patient counseling, to wit: when dispensing medication
pursuant to prescriptions numbered 435893 and 435894, Donald Robert Sutton
failed to review the original prescriptions for over-utilization, incorrect
drug dosage and duration of drug treatment, and misuse; and Donald Robert
Sutton failed to offer patient counseling.
Such conduct is in violation of Rules 4729-5-20 and 4729-5-22 of the
Ohio Administrative Code.
(10) Donald
Robert Sutton did, on or about March 10, 1997, fail to preserve prescriptions
on file, subject to inspection by the proper officers of the law, to wit:
Donald Robert Sutton was unable to locate prescription number 435893 dated
December 5, 1996. Such conduct is in
violation of Rules 4729-5-09, 4729-5-17, and 4729-5-22 of the Ohio
Administrative Code and Section 4729.37 of the Ohio Revised Code.
(11) Donald Robert Sutton did, on
or about January 2, 1997, fail to perform prospective drug utilization review
and patient counseling, to wit: Donald Robert Sutton failed to review original
prescriptions for over-utilization, incorrect drug dosage and duration of drug
treatment, and misuse; and Donald Robert Sutton failed to offer patient
counseling when dispensing medication pursuant to prescriptions numbered 435675
and 435676. Such conduct is in
violation of Rules 4729-5-20 and 4729-5-22 of the Ohio Administrative Code.
(12) Donald Robert Sutton did, on
or about January 2, 1997, with purpose to deprive, knowingly obtain or exert
control over the property of another by deception, to wit: Donald Robert Sutton
over-charged the patient $4.00, pursuant to prescriptions numbered 435675 and
435676, by charging brand-name co-pays when dispensing generic
medications. Such conduct is in
violation of Sections 2913.02 and 4729.38 of the Ohio Revised Code.
(13) Donald Robert Sutton did, on
or about the following dates, make or utter false or forged prescriptions for
dangerous drugs, to wit: Donald Robert Sutton created the following
prescription refills for Patient #1, purporting to be legitimate, when there
had been no valid order from an authorized prescriber:
|
Date |
Rx
No. |
Drug |
Quantity |
R.Ph. |
|
11/24/95 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
12/26/95 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
01/27/96 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
02/26/96 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
03/23/96 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
11/24/95 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
12/26/95 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
01/27/96 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
02/26/96 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
03/23/96 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
12/26/95 |
426172 |
Prinivil 10mg |
30 |
DRS |
|
01/27/96 |
426172 |
Prinivil 10mg |
30 |
DRS |
|
02/26/96 |
426172 |
Prinivil 10mg |
30 |
DRS |
|
03/23/96 |
426172 |
Prinivil 10mg |
30 |
DRS |
Such conduct is in violation
of Section 4729.61(C) of the Ohio Revised Code (as was in effect during said
time period).
(14) Donald Robert Sutton did, on
or about the following dates, sell at retail dangerous drugs, to wit: Donald
Robert Sutton sold the following dangerous drugs to Patient #1 pursuant to
unauthorized refills:
|
Date |
Rx No. |
Drug |
Quantity |
R.Ph. |
|
11/24/95 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
12/26/95 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
01/27/96 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
02/26/96 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
03/23/96 |
426170 |
Tegretol 200mg |
30 |
DRS |
|
11/24/95 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
12/26/95 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
01/27/96 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
02/26/96 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
03/23/96 |
426171 |
Calan SR 240mg |
30 |
DRS |
|
12/26/95 |
426172 |
Prinivil 10mg |
30 |
DRS |
|
01/27/96 |
426172 |
Prinivil 10mg |
30 |
DRS |
|
02/26/96 |
426172 |
Prinivil 10mg |
30 |
DRS |
|
03/23/96 |
426172 |
Prinivil 10mg |
30 |
DRS |
Such conduct is in violation
of Section 4729.51(C) of the Ohio Revised Code.
(15) Donald Robert Sutton did, on or
about February 26, 1996, and March 23, 1996, intentionally make and/or
knowingly possess false or forged prescriptions, to wit: on each occasion,
Donald Robert Sutton created prescription refills for Patient #1 pursuant to
prescription number 428648, written for 30 unit doses of Tylenol w/Codeine #3,
when there had been no valid order from an authorized prescriber. Such conduct is in violation of Section
2925.23(B) of the Ohio Revised Code.
(16) Donald Robert Sutton did sell
a controlled substance in an amount equal to or exceeding the bulk amount but
in an amount less than three times that amount when the conduct was not in
accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to
wit: on or about February 26, 1996, and again on or about March 23, 1996,
Donald Robert Sutton sold 30 unit doses of Tylenol w/Codeine #3 pursuant to
prescription number 428648 to Patient #1 without a legitimate purpose. Such conduct is in violation of Section 2925.03(A)(5)
of the Ohio Revised Code (as was in effect during said time period).
(17) Donald Robert Sutton did, on
or before June 11, 1997, fail to preserve prescriptions on file, subject to
inspection by the proper officers of the law, to wit: Donald Robert Sutton was
unable to locate prescriptions numbered 411995, 412814, 414686, and
431182. Such conduct is in violation of
Rules 4729-5-09, 4729-5-17, and 4729-9-22 of the Ohio Administrative Code and
Section 4729.37 of the Ohio Revised Code.
(18) Donald Robert Sutton did, from
on or about June 10, 1993, through May 18, 1996, intentionally make and/or
knowingly possess false or forged prescriptions, to wit: throughout this
774-day time period, Kinsman Pharmacy dispensed on 158 occasions, 9,510 unit
doses of Hydrocodone 5mg/APAP 500mg to Patient #2, when 4,644 unit doses was
the maximum amount authorized, over-dispensing 4,866 unit doses. Donald Robert Sutton dispensed approximately
53% of the drugs by creating refills and/or refilling prescriptions too
quickly. Such conduct is in violation of
Section 2925.23(B) of the Ohio Revised Code.
(19) Donald Robert Sutton did, on
or about June 10, 1993, through May 18, 1996, sell a controlled substance in an
amount exceeding three times the bulk amount, but in an amount less than one
hundred times that amount, when the conduct was not in accordance with Chapters
3719., 4729., and 4731. of the Ohio Revised Code, to wit: Kinsman Pharmacy sold
4,866 unit doses of Hydrocodone 5mg/APAP 500mg to Patient #2 without
authorization by the prescribing physician and without a legitimate
purpose. Donald Robert Sutton sold 53%
of the drugs. Such conduct is in
violation of Section 2925.03(A)(7) of the Ohio Revised Code (as was in effect
during said time period).
(20) Donald Robert Sutton did, from
July 5, 1995, through May 10, 1996, intentionally make and/or knowingly possess
false or forged prescriptions, to wit: on each occasion Donald Robert Sutton
dispensed 100 unit doses of Darvocet N‑100 to Patient #3 by creating
unauthorized refills:
|
Date |
Rx No. |
R.Ph. |
|
07/05/95 |
422627 |
DRS |
|
12/05/95 |
427511 |
DRS |
|
01/22/96 |
429082 |
DRS |
|
03/02/96 |
429082 |
DRS |
|
05/10/96 |
430359 |
DRS |
Such conduct is in violation
of Section 2925.23(B) of the Ohio Revised Code.
(21) Donald Robert Sutton did, from
July 5, 1995, through May 10, 1996, sell a controlled substance in an amount
equal to or exceeding the bulk amount, but in an amount less than three times
that amount when the conduct was not in accordance with Chapters 3719., 4729.,
and 4731. of the Ohio Revised Code, to wit: on each occasion Donald Robert
Sutton sold 100 unit doses of Darvocet N‑100 to Patient #3 by creating
unauthorized refills pursuant to the following prescriptions:
|
Date |
Rx No. |
R.Ph. |
|
07/05/95 |
422627 |
DRS |
|
12/05/95 |
427511 |
DRS |
|
01/22/96 |
429082 |
DRS |
|
03/02/96 |
429082 |
DRS |
|
05/10/96 |
430359 |
DRS |
Such conduct is in violation
of Chapter 4729-5 of the Ohio Administrative Code and Section 2925.03(A)(5) of the
Ohio Revised Code (as was in effect during said time period).
(22) Donald Robert Sutton did, from
November 2, 1995, through June 28, 1995, intentionally make and/or knowingly
possess false or forged prescriptions, to wit: on each occasion Donald R. Sutton
dispensed 50 unit doses of Darvocet N‑100 to Patient #4 by creating
unauthorized refills:
|
Date |
Rx No. |
R.Ph. |
|
11/02/95 |
427086 |
DRS |
|
02/20/95 |
427086 |
DRS |
|
05/25/95 |
424156 |
DRS |
|
06/28/95 |
424156 |
DRS |
Such conduct is in violation
of Section 2925.23(B) of the Ohio Revised Code.
(23) Donald Robert Sutton did, from
November 2, 1995, through June 28, 1995, sell a controlled substance in an
amount less than the bulk amount when the conduct was not in accordance with
Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: on each
occasion Donald Robert Sutton sold 50 unit doses of Darvocet N-100 to Patient
#4 by creating unauthorized refills pursuant to the following prescriptions:
|
Date |
Rx No. |
R.Ph. |
|
11/02/95 |
427086 |
DRS |
|
02/20/95 |
427086 |
DRS |
|
05/25/95 |
424156 |
DRS |
|
06/28/95 |
424156 |
DRS |
Such conduct is in violation
of Section 2925.03(A)(1) of the Ohio Revised Code (as was in effect during said
time period).
(24) Donald
Robert Sutton did, from August 8, 1993, through February 27, 1996,
intentionally make and/or knowingly possess false or forged prescriptions, to
wit: on each occasion Donald Robert Sutton dispensed Talacen to Patient #5 by
creating unauthorized refills:
|
Date |
Rx No. |
Quantity |
R.Ph. |
|
08/18/93 |
411310 |
25 |
DRS |
|
04/12/94 |
416030 |
25 |
DRS |
|
04/18/94 |
416030 |
25 |
DRS |
|
11/14/94 |
420557 |
30 |
DRS |
|
11/22/94 |
420557 |
30 |
DRS |
|
12/05/94 |
420557 |
30 |
DRS |
|
12/16/94 |
420557 |
30 |
DRS |
|
12/26/94 |
420557 |
30 |
DRS |
|
01/16/95 |
421862 |
30 |
DRS |
|
01/24/95 |
421862 |
30 |
DRS |
|
03/16/95 |
422625 |
20 |
DRS |
|
10/02/95 |
426186 |
30 |
DRS |
|
01/27/96 |
428575 |
25 |
DRS |
|
02/07/96 |
428575 |
25 |
DRS |
Such conduct is in violation
of Section 2925.23(B) of the Ohio Revised Code.
(25) Donald Robert Sutton did, from
August 10, 1993, through February 7, 1996, sell a controlled substance in an amount
exceeding the bulk amount but in an amount less than three times that amount
when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of
the Ohio Revised Code, to wit: on each occasion Donald Robert Sutton sold
Talacen to Patient #5 without a valid prescription and/or without a legitimate
purpose:
|
Date |
Rx No. |
Quantity |
R.Ph. |
|
08/18/93 |
411310 |
25 |
DRS |
|
04/12/94 |
416030 |
25 |
DRS |
|
04/18/94 |
416030 |
25 |
DRS |
|
11/14/94 |
420557 |
30 |
DRS |
|
11/22/94 |
420557 |
30 |
DRS |
|
12/05/94 |
420557 |
30 |
DRS |
|
12/16/94 |
420557 |
30 |
DRS |
|
12/26/94 |
420557 |
30 |
DRS |
|
01/16/95 |
421862 |
30 |
DRS |
|
01/24/95 |
421862 |
30 |
DRS |
|
03/16/95 |
422625 |
20 |
DRS |
|
10/02/95 |
426186 |
30 |
DRS |
|
01/27/96 |
428575 |
25 |
DRS |
|
02/07/96 |
428575 |
25 |
DRS |
Such conduct is in violation
of Section 2925.03(A)(5) of the Ohio Revised Code (as was in effect during said
time period).
(26) Donald Robert Sutton did, on or
about the following dates, make or utter false or forged prescriptions for
dangerous drugs, to wit: Donald Robert Sutton created the following
prescription refills for Patient #5, purporting to be legitimate, when there
had been no valid order from an authorized prescriber:
|
Date |
Rx No. |
Drug |
Quantity |
R.Ph. |
|
11/10/93 |
412337 |
Terazol 7 0.4% cream |
1 tube |
DRS |
|
02/28/94 |
412337 |
Terazol 7 0.4% cream |
1 tube |
DRS |
|
06/06/94 |
412337 |
Terazol 7 0.4% cream |
1 tube |
DRS |
Such conduct is in violation
of Section 4729.61(C) of the Ohio Revised Code (as was in effect during said
time periods).
(27) Donald Robert Sutton did, on
or about the following dates, sell at retail dangerous drugs, to wit: Donald Robert
Sutton sold the following drugs to Patient #5 pursuant to unauthorized refills:
|
Date |
Rx No. |
Drug |
Quantity |
R.Ph. |
|
11/10/93 |
412337 |
Terazol 7 0.4% cream |
1 tube |
DRS |
|
02/28/94 |
412337 |
Terazol 7 0.4% cream |
1 tube |
DRS |
|
06/06/94 |
412337 |
Terazol 7 0.4% cream |
1 tube |
DRS |
Such conduct is in violation
of Section 4729.51(C) of the Ohio Revised Code.
(28) Donald Robert Sutton did, on
or about March 27, 1995, and again on or about November 24, 1995, intentionally
make and/or knowingly possess false or forged prescriptions, to wit: on each
occasion Donald Robert Sutton dispensed 30 unit doses of Darvocet N-100 to
Patient #6 by creating unauthorized refills pursuant to the following
prescriptions:
|
Date |
Rx No. |
R.Ph. |
|
03/27/95 |
421578 |
DRS |
|
11/24/95 |
426710 |
DRS |
Such conduct is in violation
of Chapter 4729-5 of the Ohio Administrative Code and Section 2925.23(B) of the
Ohio Revised Code.
(29) Donald Robert Sutton did, on or
about March 27, 1995, and again on or about November 24, 1995, sell a
controlled substance in an amount less than the bulk amount when the conduct
was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised
Code, to wit: on each occasion Donald Robert Sutton sold 30 unit doses of
Darvocet N-100 to Patient #6 without a legitimate purpose:
|
Date |
Rx No. |
R.Ph. |
|
03/27/95 |
421578 |
DRS |
|
11/24/95 |
426710 |
DRS |
Such conduct is in violation of
Section 2925.03(A)(1) of the Ohio Revised Code (as was in effect during said
time period).
(30) Donald Robert Sutton did, from
November 7, 1995, through May 15, 1996, make or utter false or forged
prescriptions for dangerous drugs, to wit: Donald Robert Sutton created the
following prescription refills for Patient #6 purporting to be legitimate when
there had been no valid order from an authorized prescriber:
|
Date |
Rx No. |
Drug |
Quantity |
R.Ph. |
|
11/07/95 |
426139 |
Vasotec |
30 |
DRS |
|
12/04/95 |
426139 |
Vasotec |
30 |
DRS |
|
05/15/96 |
426139 |
Vasotec |
30 |
DRS |
|
12/04/95 |
426809 |
Ticlid 250mg |
60 |
DRS |
|
01/10/96 |
426809 |
Ticlid 250mg |
60 |
DRS |
|
04/01/96 |
426809 |
Ticlid 250mg |
60 |
DRS |
|
05/15/96 |
426809 |
Ticlid 250mg |
60 |
DRS |
Such conduct is in violation
of Section 4729.61(C) of the Ohio Revised Code (as was in effect during said
time period).
(31) Donald Robert Sutton did, from
November 7, 1995, through May 15, 1996, sell at retail dangerous drugs, to wit:
Donald Robert Sutton sold the following dangerous drugs to Patient #6 without a
legitimate purpose:
|
Date |
Rx No. |
Drug |
Quantity |
R.Ph. |
|
11/07/95 |
426139 |
Vasotec |
30 |
DRS |
|
12/04/95 |
426139 |
Vasotec |
30 |
DRS |
|
05/15/96 |
426139 |
Vasotec |
30 |
DRS |
|
12/04/95 |
426809 |
Ticlid 250mg |
60 |
DRS |
|
01/10/96 |
426809 |
Ticlid 250mg |
60 |
DRS |
|
04/01/96 |
426809 |
Ticlid 250mg |
60 |
DRS |
|
05/15/96 |
426809 |
Ticlid 250mg |
60 |
DRS |
Such conduct is in violation
of Section 4729.51(C) of the Ohio Revised Code.
(32) Donald Robert Sutton did, on
or about March 10, 1997, knowing he had no privilege to do so, falsify and/or alter
data and records; and without privilege to do so, obstruct or delay the
performance by a public official, to wit: Donald Robert Sutton entered a false
address into the patient profile information for James R. Martin during an
inspection being conducted by Compliance Agent George Pavlich. Such conduct is in violation of Sections
2913.42 and 2921.31 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
(2) through (32) 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) Upon consideration
of the record as a whole, the State Board of Pharmacy concludes that paragraphs
(2), (3), (4), (7), (8), (10), (12) through (16), and (18) through (31) 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 2925., 3719., or 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 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 takes the following actions in the matter of
Donald Robert Sutton:
(A) 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.
03-3-12930, held by Donald Robert Sutton and such suspension is effective as of
the date of the mailing of this Order.
(1) Donald
Robert Sutton, 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 State Board of
Pharmacy to possess or distribute dangerous drugs during such period of
suspension.
(2) Donald
Robert Sutton, pursuant to Section 4729.16(B) of the Ohio Revised Code, must
return the identification card and license to the offices 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.
(B) Two years after the
effective date of this Order, the Board will reinstate Donald Robert Sutton’s
license to practice pharmacy in Ohio provided that:
(1) Donald Robert
Sutton obtains, within 90 days of the effective date of this Order, a full
psychiatric or psychological evaluation by a licensed psychiatrist or
psychologist that includes a recommended treatment plan for anger control and
immediately submits to the Board documentation from the psychiatrist or
psychologist of compliance with this provision.
(2) Donald Robert
Sutton submits to the Board, before two years from the effective date of this
Order, the final report of the psychiatrist or psychologist regarding Donald
Robert Sutton's compliance with the treatment plan and verification of his
fitness for readmission into the practice of pharmacy.
(3) Donald
Robert Sutton takes and successfully completes the Jurisprudence Examination
offered by the Board. If Donald Robert Sutton
has not successfully completed the examination prior to two years from the
effective date of this Order, his license will be reinstated after this
condition has been achieved.
(C) Upon reinstatement,
the Board places the pharmacist identification card, No. 03-3-12930, of Donald
Robert Sutton on probation for five years from the date the identification card
is issued, with the following conditions:
(1) The State Board of
Pharmacy hereby declares that Donald Robert Sutton’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) Donald Robert
Sutton may not serve as a responsible pharmacist.
(3) Donald Robert
Sutton must not violate the drug laws of the state of Ohio, any other state, or
the federal government.
(4) Donald Robert
Sutton must abide by the rules of the Ohio State Board of Pharmacy.
(5) Donald Robert
Sutton must comply with the terms of this Order.
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 the 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-7/Nay-0).
3:39 p.m.
Mr. Repke moved that the Board receive Per Diem as follows:
|
PER
DIEM |
4/10 |
5/3 |
5/4 |
5/5 |
Total |
|
Abele |
1 |
1 |
1 |
1 |
4 |
|
Adelman |
- |
1 |
1 |
- |
2 |
|
Cavendish |
- |
1 |
1 |
1 |
3 |
|
Eastman |
- |
1 |
1 |
1 |
3 |
|
Giacalone |
- |
1 |
1 |
1 |
3 |
|
Littlejohn |
- |
1 |
1 |
1 |
3 |
|
Kost |
- |
1 |
1 |
1 |
3 |
|
Neuber |
- |
- |
1 |
1 |
2 |
|
Repke |
- |
1 |
1 |
1 |
3 |
The motion was seconded by Mr. Kost and approved by the Board (Aye-7/Nay-0).
3:40 p.m.
Mr. Repke then moved that the meeting be adjourned. The motion was seconded by Mr. Kost and approved (Aye-7/Nay-0).
|
THE BOARD APPROVED THESE MINUTES ON JUNE
13, 2000. |