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:

 

(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. 

 

(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.

 

 

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

 

 

(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:

 

 

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:

 

 

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:

 

 

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:

 

 

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:

 

 

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:

 

 

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:

 

 

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:

 

 

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:

 

 

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:

 

 

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:

 

 

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:

 

 

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:

 

 

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:

 

 

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.

 

(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.

 

(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:

 

 

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:

 

 

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:

 

 

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:

 

 

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: 

 

 

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:

 

 

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:

 

 

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:

 

 

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: 

 

 

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:

 

 

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:

 

 

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:

 

 

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. 

 

 

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.

 

(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.

 

 

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:

 

(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

 

(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.

 

(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.

 

 

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:

 

(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.

 

(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.

 

(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.

 

(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.

 

 

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:

 

(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

 

(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.

 

(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.

 

(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.

 

 

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.:

 

(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.

 

(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.

 

(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.

 

(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.

 

 

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.:

 

(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.

 

(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:

 

 

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:

 

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.

 

(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.

 

(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.

 

 

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.:

 

(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.

 

(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.

 

(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.

 

(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.

 

 

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.