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Note: These Minutes are provided for
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Ohio State Board
of Pharmacy 77 South High Street,
Room 1702 |
Minutes Of The Meeting
September 5, 6, 7, 2000
TUESDAY, SEPTEMBER 5, 2000
8:10 a.m. ROLL CALL
The State Board of Pharmacy convened in Room 1914,
Suzanne L. Neuber, R.Ph. (President); Ann D. Abele, R.Ph.; Suzanne R. Eastman, R.Ph.; Robert P. Giacalone, R.Ph.; Lawrence J. Kost, R.Ph.; and James E. Turner, R.Ph.
Also present were
8:27 a.m.
After discussion of items not requiring any official action by
the Board,
8:28 a.m.
RES. 2001-026
AMENDED
ORDER OF THE STATE BOARD OF PHARMACY
(Docket No. D-980127-032)
In The Matter Of:
(R.Ph. No. 03-3-21594)
INTRODUCTION
THE MATTER OF JOHN PAUL TEKULVE CAME TO HEARING ON APRIL 6, 1998, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: JOSEPH J. MASLAK, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; JOHN L. HANNA, R.Ph.; SUZANNE L. NEUBER, R.Ph.; RUTH A. PLANT, R.Ph.; AND NICHOLAS R. REPKE, PUBLIC MEMBER.
SUMMARY OF EVIDENCE
(A) Testimony
State's Witnesses:
(1)
(2) Detective
Respondent's Witnesses:
(1)
(B) Exhibits
State's Exhibits:
(1) Exhibit 1--Copy of three-page Summary
Suspension Order/Notice of
(2) Exhibit 1A--Copy of Hearing Request letter dated February 3, 1997 (sic 1998).
(3) Exhibit 1B--Copy of Hearing Schedule letter dated February 5, 1998.
(4) Exhibit 1C--Copy of Pharmacist File Front
Sheet of John Paul Tekulve showing original date of
registration as October 16, 1996; and two-page copy of Renewal Application for
Intern License, for a license to practice pharmacy as an intern in
(5) Exhibit 2
(6) Exhibit 3-
(7) Exhibit 4
(8) Exhibit 4A
(9) Exhibit 5
(10) Exhibit 6
(11) Exhibit 7
(12) Exhibit 8
(13) Exhibit 9
(14) Exhibit 10
(15) Exhibit 11
(16) Exhibit 12
(17) Exhibit 13
Respondent's Exhibits:
(1) None
FINDINGS 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) Records of the Board of Pharmacy indicate
that
(2)
(3) John Paul Tekulve
did, on or about July 18, 1997, knowingly obtain, possess, and/or use a
controlled substance when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit:
(4) John Paul Tekulve is addicted to or abusing liquor or drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy, to wit: John Paul Tekulve arrived at the pharmacy to begin his shift unexplainably late on several occasions; John Paul Tekulve committed numerous errors while practicing pharmacy during the chosen time period of October 28, 1996, through August 4, 1997; and John Paul Tekulve has used the pharmacy’s telephone to make arrangements to obtain marijuana.
CONCLUSIONS OF LAW
(1)
(2) Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraphs (2) through (4) of the Findings of Fact constitute being guilty of dishonesty and unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code.
(3) Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraph (4) of the Findings of Fact constitutes being addicted to or abusing liquor or drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy as provided in Division (A)(3) of Section 4729.16 of the Ohio Revised Code.
(4) Upon consideration of the record as a
whole, the State Board of Pharmacy concludes that paragraphs (2) and (3) 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. of the Revised Code as
provided in Division (A)(5) of Section 4729.16 of the
ACTION OF THE BOARD
Pursuant to Section 3719.121 of the Ohio Revised Code, the State Board of Pharmacy hereby removes the Summary Suspension Order issued January 27, 1998.
Pursuant to Section 4729.16 of
the Ohio Revised Code, the State Board of Pharmacy takes the following actions
in the matter of
(A) On
the basis of the Findings of Fact and Conclusions of Law set forth above, the
State Board of Pharmacy hereby suspends the pharmacist identification card, No.
03-3-21594, held by
(B) November, 1999, or thereafter, the Board
will consider any petition filed by
(1) John Paul Tekulve must enter into a new contract with a treatment provider acceptable to the Board for a period of not less than five years from the effective date of this Order and, upon signing, submit a copy of the contract to the Board office. The contract must provide that:
(a) Random, observed urine samples shall be provided to, and conducted in, a certified Ohio Department of Alcohol and Drug Addiction Service (ODADAS) facility at least once a month for one year, and once every three months for the remaining four years. Each urine screen must comply to the following standards:
(i) The samples must be given within eight hours of random notification.
(ii) Chain of custody must be maintained and documented for each sample/screen.
(iii) Reports must include testing the sample for alcohol and marijuana and must also report testing for creatinine or specific gravity of the sample as the dilutional standard.
(iv) Sample analysis and reports must be completed within
forty-eight (48) hours from the urine collection time.
(b) Regular attendance, at least three times per week, at an Alcoholics Anonymous, Narcotics Anonymous, and/or similar support group meetings, and at meetings of a professional support group, is required during outpatient treatment and/or during aftercare; and
(c) The program shall immediately report to the Board of Pharmacy any positive urine screens and/or other violations of the contract.
(2) John Paul Tekulve must take and successfully complete the jurisprudence examination offered by the Board prior to petitioning the Board for reinstatement.
(3) John Paul Tekulve must provide, at the time of petitioning the Board for reinstatement, written documentation from his treatment provider regarding compliance with the program pursuant to the contract including all urine drug screen reports.
Division (B) of Section 4729.16 of the Ohio Revised Code provides: “Any individual whose identification card is revoked, suspended, or refused, shall return his identification card and certificate of registration 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.
THIS ORDER WAS APPROVED BY A VOTE OF THE STATE BOARD OF PHARMACY.
MOTION CARRIED.
SO ORDERED.
The motion was seconded by
8:33 a.m.
8:50 a.m.
Ms. Abele moved that the Board go into Executive Session for
the purpose of the investigation of complaints regarding licensees and
registrants pursuant to Section 121.22(G)(1) of the Revised Code 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
10:30 a.m.
The Executive Session ended and the meeting was opened to the public. The Board took a brief recess.
10:42 a.m.
10:45 a.m.
11:00 a.m.
RES. 2001-027
11:15 a.m.
The Board was joined by
11:45 a.m.
The Board took a recess for lunch.
1:08 p.m.
The Board meeting resumed in Room 1914,
1:15 p.m.
RES. 2001-028 Mr.
Benedict then presented a request from George Brown, R.Ph. asking for a waiver
from the requirements of Administrative Code Rule 4729-5-11(A) to allow him to
serve as responsible pharmacist at more than one location. After discussion,
The motion was seconded by
1:16 p.m.
The Board took a brief recess.
1:28 p.m.
The Board was joined by
1:44 p.m.
1:55 p.m.
The hearing ended and the record was closed. The Board took a brief recess.
2:06 p.m.
The meeting resumed. At the request of
3:12 p.m.
The discussion on the CPE rules was continued until the October meeting to allow the Board members to consider the issues discussed and to review documentation received during the discussion. The Board took a brief recess.
3:29 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
3:55 p.m.
RES. 2001-029 The
Executive Session ended and the meeting was opened to the public.
4:00 p.m.
RES. 2001-030
ORDER OF THE STATE BOARD OF PHARMACY
(Docket
No. D-000711-002)
In
The Matter Of:
(D.O.B.
07/26/1943)
INTRODUCTION
THE MATTER OF DENNIS PAUL THOMPSON CAME FOR HEARING
ON SEPTEMBER 5, 2000, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: SUZANNE L. NEUBER, R.Ph. (presiding); ANN D. ABELE, R.Ph.; SUZANNE R.
EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; LAWRENCE J. KOST, R.Ph.; DOROTHY S.
TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.
SUMMARY
OF EVIDENCE
(A) Testimony
State's Witnesses:
(1)
Respondent's Witnesses:
(1) None
(B) Exhibits
State's Exhibits:
(1) Exhibit 1--Copy of two-page Proposal to Deny/Notice of
(2) Exhibit 1A--Two-page letter from
(3) Exhibit 1B--Copy of Hearing Schedule letter dated August 10,
2000.
(4) Exhibit 1C--Application for Examination as a Pharmacist of
Dennis Paul Thompson signed and notarized on May 30, 2000, and attached
statement of
(5) Exhibit 2--Copy of seven-page Order of the State Board of
Pharmacy, Docket No. D-870604-119, dated August 21, 1987.
(6) Exhibit 3--Copy of seven-page Order of the State Board of
Pharmacy, Docket No. D-880517-223, in the matter of
(7) Exhibit 4--Copy of six-page Order of the State Board of
Pharmacy, Docket No. D-890309-103, in the matter of
(8) Exhibit 5--Copy of six-page Order of the State Board of
Pharmacy, Docket No. D-900227-064, in the matter of
(9) Exhibit 6--Copy of six-page Order of the State Board of
Pharmacy, Docket No. D-911220-086, in the matter of
(10) Exhibit 7--Copy of three-page Order of the State Board of
Pharmacy, Docket No. D-940902-014, in the matter of
Respondent's Exhibits:
(1) None
FINDINGS
OF FACT
After having heard the testimony, observed the
demeanor of the witness, considered the evidence, and weighed the credibility
of each, the State Board of Pharmacy finds the following to be fact:
(1) On July 11, 2000,
a hearing, his rights in such hearing, and his right to submit his contentions
in writing.
(2) As demonstrated by return receipt of July 19, 2000,
(3) Dennis Paul Thompson responded to the letter of July 11, 2000,
by submitting his contentions in writing, letter dated August 1, 2000.
(4) Records of the State Board of Pharmacy indicate that
(5) Records further indicate that
(6) Since the revocation of his license in August of 1987,
CONCLUSIONS
OF LAW
(1) Upon consideration of the record as a whole, the State Board
of Pharmacy concludes that paragraph (4) of the Findings of Fact constitutes
having been convicted of a felony as provided in paragraph (A) of Rule
4729-5-04 of the Ohio Administrative Code.
(2) Upon consideration of the record as a whole, the State Board
of Pharmacy concludes that paragraph (4) of the Findings of Fact constitutes
having been convicted of violating any state or federal pharmacy or drug law as
provided in paragraph (B) of Rule 4729-5-04 of the Ohio Administrative Code.
(3) Upon consideration of the record as a whole, the State Board
of Pharmacy concludes that paragraph (4) of the Findings of Fact constitutes
not being of good moral character and habits as provided in paragraph (C) of
Rule 4729-5-04 of the Ohio Administrative Code.
(4) Upon consideration of the record as a whole, the State Board
of Pharmacy concludes that paragraph (5) of the Findings of Fact constitutes
having been disciplined by the Ohio State Board of Pharmacy pursuant to Section
4729.16 of the Revised Code as provided in paragraph (E) of Rule 4729-5-04 of
the Ohio Administrative Code.
ACTION OF THE BOARD
Pursuant to Section 4729.08 of the Ohio Revised Code
and Rule 4729-5-04 of the Ohio Administrative Code, and on the basis of the
foregoing Findings of Fact and Conclusions of Law, the State Board of Pharmacy
hereby denies the issuance of a certificate of registration or an
identification card and, therefore, denies the Application for Examination as a
Pharmacist submitted by Dennis Paul Thompson on or about June 1, 2000. Further,
THIS
ORDER WAS APPROVED BY A VOTE OF THE STATE BOARD OF PHARMACY.
MOTION
CARRIED.
SO ORDERED.
The motion was seconded by
4:02 p.m.
The Board meeting was recessed until Wednesday, September 6, 2000.
wednesday, September 6, 2000
9:00 a.m. ROLL CALL
The State Board of Pharmacy convened in Room 1914,
Suzanne L. Neuber, R.Ph. (President); Ann D. Abele, R.Ph.; Suzanne R. Eastman, R.Ph.; Robert P. Giacalone, R.Ph.; Lawrence J. Kost, R.Ph.; Dorothy S. Teater, Public Member; and James E. Turner, R.Ph.
9:03 a.m.
The Board was joined by
10:32 a.m.
The hearing ended and the record was closed. The Board took a brief recess.
10:53 a.m.
The meeting resumed. The Board was joined by
11:55 a.m.
The hearing was recessed for lunch.
1:00 p.m.
The Board reconvened in Room 1919,
Suzanne L. Neuber, R.Ph. (President); Ann D. Abele, R.Ph.; Suzanne R. Eastman, R.Ph.; Robert P. Giacalone, R.Ph.; Lawrence J. Kost, R.Ph.; Dorothy S. Teater, Public Member; and James E. Turner, R.Ph.
RES. 2001-031 Following
presentations by Board members and self-introductions by the candidates for
licensure by reciprocity,
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1:34 p.m.
The hearing in the matter of
2:31 p.m.
The hearing concluded and the record was closed. The Board took a brief recess.
2:42 p.m.
2:54 p.m.
RES. 2001-032
KePRO, Inc./Seven
Hills
The motion was seconded by
2:58 p.m.
4:02 p.m.
The Board took a brief recess.
4:15 p.m.
The meeting resumed.
4:18 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
4:50 p.m.
RES. 2001-033 The
Executive Session ended and the meeting was opened to the public.
ORDER OF THE STATE BOARD OF PHARMACY
(Docket
No. D-000404-053)
In
The Matter Of:
(R.Ph. No. 03-1-07832)
INTRODUCTION
THE MATTER OF JOSEPH R. TABLER
CAME FOR HEARING ON SEPTEMBER 6, 2000, BEFORE THE FOLLOWING MEMBERS OF THE
BOARD: SUZANNE L. NEUBER, R.Ph. (presiding); ANN D.
ABELE, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; LAWRENCE
J. KOST, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.
SUMMARY
OF EVIDENCE
(A) Testimony
State's Witnesses:
(1)
(2)
(3)
Respondent's Witnesses:
(1) None
(B) Exhibits
State's
Exhibits:
(1) Exhibit 1--Copy of four-page Summary Suspension Order/Notice
of
(2) Exhibit 1A--Hearing Request letter dated April 20, 2000.
(3) Exhibit 1B--Copy of Hearing Schedule letter dated April 27,
2000.
(4) Exhibit 1C--Copy of Pharmacist File Front Sheet of Joseph
Robert Tabler showing original date of registration
as August 20, 1962; and two-page copy of Renewal Application for Pharmacist
License, No. 03-1-07832, for a license to practice pharmacy in
(5) Exhibit 1D--Copy of Hearing Schedule letter dated August 1,
2000.
(6) Exhibit 2--Copy of two-page urine drug screen report of
(7) Exhibit 3--Copy of Holmes Pharmacy Audit, Outpatient Pharmacy,
and Inpatient Pharmacy audit report prepared by
(8) Exhibit 4--Two-page copy of memorandum to
(9) Exhibit 5--Statement of Ryan M. Cox signed and notarized on
June 12, 2000.
(10) Exhibit 6--Copy of four-page Order of the State Board of
Pharmacy, Docket No. D-980601-062, in the matter of
(11) Exhibit 6A--Five-page copy of U.S. District Court, Eastern
District of Kentucky (
(12) Exhibit 7--Thirteen-page copy of twelve-page, 120 count,
Indictment in the United States District Court, Eastern District of Kentucky,
Covington, United States of America vs. Joseph R. Tabler,
not dated.
(13) Exhibit 8--Copy of eleven-page Plea Agreement in the U.S. District
Court, Eastern District of Kentucky,
(14) Exhibit 9--Copy of five-page Stipulated Factual Basis for Guilty
Plea in the U.S. District Court, Eastern District of Kentucky,
(15) Exhibit 10--Six-page copy of Judgment in a Criminal Case in the
U.S. District Court, Eastern District of Kentucky,
(16) Exhibit 11--Copy of The
Cincinnati Enquirer article titled, “
(17) Exhibit 12--Copy of Journal Entry from the
Respondent's
Exhibits:
(1) Exhibit A--Letter from Lorraine A.
Cooper dated August 28, 2000.
(2) Exhibit B--Letter from
(3) Exhibit C--Letter from
(4) Exhibit D--Two-page letter from
FINDINGS
OF FACT
After having heard the testimony, observed the
demeanor of the witnesses, considered the evidence, and weighed the credibility
of each, the State Board of Pharmacy finds the following to be fact:
(1) Records of the State Board of Pharmacy indicate that
(2) Joseph R. Tabler did, on or about
February 2, 2000, knowingly obtain, possess, or use a controlled substance when
not in accordance with Chapters 3719., 4729., and
4731. of the Ohio Revised Code, to wit: while practicing pharmacy,
(3) On or about December 11, 1998, pursuant to the Order of the
State Board of Pharmacy, Docket No. D-980601-062, in the matter of
(a) Records
of the Board of Pharmacy indicate that
(b) Joseph
R. Tabler did, on or about April 29, 1997, plead
guilty to one count of Mail Fraud, a felony in violation of 18 U.S.C. 1341.
(c)
The Board concluded that
CONCLUSIONS
OF LAW
(1) Upon consideration of the record as a whole, the State Board
of Pharmacy concludes that paragraph (3)(b) of the Findings of Fact
constitutes being guilty of a felony as provided in Division (A)(1) of Section
4729.16 of the Ohio Revised Code.
(2) Upon consideration of the record as a whole, the State Board
of Pharmacy concludes that paragraphs (2) and (3) of the Findings of Fact
constitute being guilty of dishonesty and unprofessional conduct in the
practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the
Ohio Revised Code.
(3) Upon consideration of the record as a whole, the State Board
of Pharmacy concludes that paragraph (2) of the Findings of Fact constitute
abusing liquor or drugs or impaired physically or mentally to such a degree as
to render him unfit to practice pharmacy as provided in Division (A)(3) of
Section 4729.16 of the Ohio Revised Code.
(4) Upon consideration of the record as a whole, the State Board
of Pharmacy concludes that paragraph (2) of the Findings of Fact constitutes
being guilty of willfully violating, conspiring to violate, attempting to
violate, or aiding and abetting the violation of the provisions of Chapter
2925. of the Revised Code as provided in Division
(A)(5) of Section 4729.16 of the
ACTION
OF THE BOARD
Pursuant to Section 3719.121 of the Ohio Revised
Code, the State Board of Pharmacy removes the Summary Suspension Order issued
to
Pursuant to Section 4729.16 of the Ohio Revised
Code, the State Board of Pharmacy takes the following actions in the matter of
(A) On the basis of the Findings of Fact and paragraph (1) of the
Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes
the pharmacist identification card, No. 03-1-07832, held by
(B) On the basis of the Findings of Fact and paragraph (2) of the
Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes
the pharmacist identification card, No. 03-1-07832, held by
(C) On the basis of the
Findings of Fact and paragraph (3) of the Conclusions of Law set forth above,
the State Board of Pharmacy hereby revokes the pharmacist identification card,
No. 03-1-07832, held by
(D) On the basis of the Findings of Fact and paragraph (4) of the
Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes
the pharmacist identification card, No. 03-1-07832, held by
Pursuant to Section 4729.16(B) of the Ohio Revised
Code,
THIS
ORDER WAS APPROVED BY A VOTE OF THE STATE BOARD OF PHARMACY.
MOTION
CARRIED.
SO ORDERED.
The motion was seconded by
4:55 p.m.
RES. 2001-034
ORDER OF THE STATE BOARD OF PHARMACY
(Docket
No. D-000712-003)
In
The Matter Of:
(D.O.B.
10/25/1972)
INTRODUCTION
THE MATTER OF RANDALL T. LYNN CAME FOR HEARING ON
SEPTEMBER 6, 2000, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: SUZANNE L. NEUBER, R.Ph. (presiding); ANN D. ABELE, R.Ph.; SUZANNE R.
EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; LAWRENCE J. KOST, R.Ph.; DOROTHY S.
TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.
SUMMARY
OF EVIDENCE
(A) Testimony
State's Witnesses:
(1)
Respondent's Witnesses:
(1)
(2)
(3)
(4)
(B) Exhibits
State's Exhibits:
(1) Exhibit 1--Copy of three-page Proposal to Deny/Notice of
(2) Exhibit 1A--Hearing Request letter dated July 26, 2000.
(3) Exhibit 1B--Copy of Hearing Schedule letter dated July 31,
2000.
(4) Exhibit 1D--Fax copy of memo from
(5) Exhibit 1E--Application for Examination as a Pharmacist of
Randall T. Lynn signed and notarized on June 26, 2000, and attached statement
regarding Section No. 5 of the application.
(6) Exhibit 2--Copy of Intern File Front Sheet of Randall Todd
Lynn showing original date of registration as September 29, 1993.
(7) Exhibit 3--Copy of Certification of Approved Internship Hours
on File of Randall Todd Lynn showing 1918.00 approved hours on file.
(8) Exhibit 4--Copy of four-page Order of the State Board of
Pharmacy, Docket No. D-960614-067, in the matter of
(9) Exhibit 5--Copy of Springdale Police Department Criminal
Offense Report, No. 95-0988, dated May 24, 1995, and attached copy of two-page
Case Summary by Det./Sgt.
Wm. Fields, Offense No. 95-0988, with details dated from May 24, 1995, through
May 26, 1995.
(10) Exhibit 6--Copy of Notice of Separation of Randy Lynn, dated
October 3, 1994.
(11) Exhibit 7--Copy of The Kroger
(12) Exhibit 8--Copy of payroll record of
(13) Exhibit 9--Copy of time cards of
(14) Exhibit 10--Copy of envelope addressed to The Kroger
(15) Exhibit 11--Copy of voluntary statement of
(16) Exhibit 12--Two-page copy of Indictment in the
(17) Exhibit 13--Copy of Renewal Application for Intern License, No.
06-0-00776, for a license to practice pharmacy as an intern in
(18) Exhibit 14--Copy of Journal Entry in the Hamilton County Common
Pleas Court, State of Ohio vs. Randall Lynn, Case No. B954870, dated
July 25, 1995.
(19) Exhibit 15--Copy of Journal Entry in the Hamilton County Common
Pleas Court, State of Ohio vs. Randall Lynn, Case No. B954870, dated August
28, 1996.
(20) Exhibit 16--Copy of personal check, number 627, of
(21) Exhibit 17--Copy of Application for Examination as a Pharmacist
of Randall T. Lynn signed and notarized on May 13, 1996.
Respondent's
Exhibits:
(1) Four-page Status of Case submitted by
(2) Exhibit 1--Three-page copy of Statement of Randall T. Lynn
dated August 31, 2000.
(3) Exhibit 2--Copy of two-page letter from
(4) Exhibit 3--Copy of letter form
(5) Exhibit 4--Copy of letter from
(6) Exhibit 5--Copy of letter from
(7) Exhibit 6--Copy of letter from
(8) Exhibit 7--Copy of letter from
(9) Exhibit 8--Copy of letter from
(10) Exhibit 9--Copy of letter from
(11) Exhibit 10--Copy of letter from
(12) Exhibit 11--Copy of letter from
(13) Exhibit 12--Copy of letter from
(14) Exhibit 13--Copy of letter from
(15) Exhibit 14--Copy of letter from
(16) Exhibit 15--Copy of letter from Mandy L. Lucas dated August 29,
2000.
(17) Exhibit 16--Copy of letter from
(18) Exhibit 17--Copy of letter from
(19) Exhibit 18--Copy of letter from
FINDINGS
OF FACT
After having heard the testimony, observed the
demeanor of the witnesses, considered the evidence, and weighed the credibility
of each, the State Board of Pharmacy finds the following to be fact:
(1) Records of the State Board of Pharmacy indicate that
(2) Records further indicate that
(3) On or about January 31, 1997, the Board
found the following to be fact:
(a) Records
of the State Board of Pharmacy indicate that
(b) Randall
T. Lynn did, from October 18, 1994, through May 15, 1995, with the purpose to
deprive, knowingly obtain or exert control over property of the Kroger Company
by deception, to wit:
(c) Randall
T. Lynn did, from on or about July 26, 1995, knowingly make a false statement,
or swear to the truth of a false statement, when the statement was made with
the purpose to secure the issuance by the Board, a governmental agency, of
registration as a pharmacy intern, to wit: Randall T. Lynn indicated on his
notarized application for renewal that there were no felony charges pending
when in fact he had been indicted on June 13, 1995, by the Hamilton County
Grand Jury for Theft, a felony of the third degree. Such conduct is in violation of Section
2921.13 of the Ohio Revised Code.
(d) Randall
T. Lynn did, on or about May 13, 1996, knowingly make a false statement, or
swear to the truth of a false statement, when the statement was made with the
purpose to secure the issuance by the Board, a governmental agency, of a
license, to wit: Randall T. Lynn indicated on his notarized application for examination
as a pharmacist the following statement: “I have never been charged or
convicted of a felony or misdemeanor, nor have I been the subject of
disciplinary action by any state or federal agency” when in fact he had been
indicted on June 13, 1995, by the Hamilton County Grand Jury for Theft, a
felony of the third degree. Such conduct
is in violation of Section 2921.13 of the Ohio Revised Code.
The Board concluded that
Randall T. Lynn is not of good moral character and habits pursuant to Rule 4729-5-04
of the Ohio Administrative Code and guilty of dishonesty and unprofessional
conduct in the practice of pharmacy pursuant to Section 4729.16(A)(2) of the Ohio Revised Code; and, therefore, Randall T.
Lynn’s May 13, 1996 Application for Examination as a Pharmacist was denied.
(4) Randall T. Lynn admitted being involved in an alcohol-related
automobile accident.
CONCLUSIONS
OF LAW
(1) Upon consideration of the record as a whole, the State Board
of Pharmacy concludes that paragraphs (3) and (4) of the Findings of Fact
constitute not being of good moral character and habits as provided in
paragraph (C) of Rule 4729-5-04 of the Ohio Administrative Code.
(2) Upon consideration of the record as a whole, the State Board
of Pharmacy concludes that paragraph (4) of the Findings of Fact constitutes
being addicted to or abusing liquor or drugs as provided in paragraph (D) of
Rule 4729-5-04 of the Ohio Administrative Code.
(3) Upon consideration of the record as a whole, the State Board
of Pharmacy concludes that paragraph (3) of the Findings of Fact constitutes
having been disciplined by the Ohio State Board of Pharmacy pursuant to Section
4729.16 of the Revised Code as provided in paragraph (E) of Rule 4729-5-04 of
the Ohio Administrative Code.
ACTION
OF THE BOARD
Pursuant to Section 4729.08 of the Ohio Revised Code
and Rule 4729-5-04 of the Ohio Administrative Code, and on the basis of the
foregoing Findings of Fact and Conclusions of Law, the State Board of Pharmacy
hereby denies the issuance of a certificate of registration or an
identification card and, therefore, denies the Application for Examination as a
Pharmacist submitted by Randall T. Lynn on or about June 28, 2000.
Further, one year from the effective date of this
Order or thereafter, the Board will consider any Application for Examination as
a Pharmacist submitted by
(A) Randall T. Lynn must resolve the DUI issue with the courts.
(B) Randall T. Lynn must obtain, within sixty days after the
effective date of this Order, an alcohol assessment by a licensed psychiatrist
or psychologist and must abide by the treatment plan as designed by that
psychiatrist or psychologist.
The psychiatrist or psychologist must provide an initial status
report, which includes the recommended treatment plan, to the Board within ten
days after completing the assessment.
(C) Randall T. Lynn must not violate the laws of the state of
(D) Randall T. Lynn must abide by the rules of the State Board of
Pharmacy.
(E) Randall T. Lynn must comply with the terms of this Order.
(F) Randall T. Lynn must provide documentation, when submitting
his examination application, of the following:
(1) Compliance
with the licensed psychiatrist or psychologist's recommended treatment plan;
(2) A
report by the licensed psychiatrist or psychologist regarding
THIS
ORDER WAS APPROVED BY A VOTE OF THE STATE BOARD OF PHARMACY.
MOTION
CARRIED.
SO ORDERED.
The motion was seconded by
4:48 p.m.
Due to the unavoidable absence of both President
5:00 p.m.
The Board meeting was recessed until Thursday, September 7, 2000.
Thursday, September 7, 2000
8:50 a.m. ROLL CALL
The State Board of Pharmacy convened in Room 1914,
8:52 a.m.
9:00 a.m.
9:15 a.m.
The discussion of the recommendations of the 2000 Ad Hoc
Committee on Rule Review was continued until later in the day. The Board was joined by
11:50 a.m.
The hearing was recessed for a lunch break.
12:40 p.m.
The hearing resumed in Room 1914.
2:02 p.m.
The hearing concluded and the record was closed. The Board took a brief recess.
2:15 p.m.
RES. 2001-035 The
meeting resumed and the Board continued the discussion of the recommendations
of the 2000 Ad Hoc Committee on Rule Review with
4729‑5‑30
Manner of issuance of
prescription.
(A) A prescription, to be effective, must be
issued for a legitimate medical purpose by an individual prescriber acting in
the usual course of his/her professional practice. The responsibility for
the proper prescribing is upon the prescriber, but a corresponding
responsibility rests with the pharmacist who dispenses the prescription. An order purporting
to be a prescription issued not in the usual course of professional treatment
or in legitimate and
authorized research is not a prescription and the person knowingly dispensing
such a purported prescription, as well as the person issuing it, shall be
subject to the penalties provided for violations of the provisions of law.
(B) All prescriptions shall be dated as of and
signed on the day when issued, and shall bear the full name and address of the
patient.
(C) All written prescriptions issued by a
prescriber shall bear the full name and address of the prescriber and shall be
manually signed by the prescriber in the same manner as he/she would sign a
check or legal document.
(D) An original signed prescription (for other than
a schedule II controlled substance except as noted in paragraph (N) of this
rule and rules 4729-17-09 and 4729-19-02 of the Administrative Code) may be
transmitted as an "other means of communication" to a pharmacy
by the use of a facsimile machine only by a prescriber or the prescriber's
agent. Such a
facsimile shall only be valid as a prescription if a system is in place that
will allow the pharmacist to maintain the facsimile as a part of the
prescription record including the positive identification of the prescriber
and his/her agent as well as positive identification of the origin of the
facsimile. The
pharmacist must record the prescription in writing pursuant to section 4729.37
of the Revised Code or store the facsimile copy in such a manner that will
allow retention of the prescription record for three years from the date of the
last transaction. The
original signed prescription from which the facsimile is produced shall not be
issued to the patient.
The original signed prescription must remain with the patient’s
records at the prescriber’s office or the institutional facility where it was
issued. If a
board-approved electronic prescription transmission system is used to fax the
prescription, the computer data must be retained for a period of three years at
the prescriber's office.
A facsimile of a prescription received by a pharmacy in any
manner other than transmission directly from the prescriber or the prescriber’s
agent shall not be considered a valid prescription, except as a copy of a
prescription pursuant to rule 4729-5-24 of
the Administrative Code.
(E) All prescriptions shall specify the number of
times or the period
of time for which the prescription may be refilled. A prescription marked "Refill P.R.N." or some similar designation is not considered
a valid refill authorization.
(F) Prescriptions for dangerous drugs may not be
dispensed for the first time beyond six months from the date of issuance by a
prescriber.
(G) Prescriptions for dangerous drugs and controlled substances in
schedule V may not be authorized for refill beyond one year from
the date of issuance. Prescriptions
for controlled substances in schedules III and IV shall be authorized for
refill only as permitted by section 3719.05 of the Revised Code. Prescriptions for
controlled substances in schedule II may not be refilled.
(H) A prescription may be refilled only as
expressly authorized by the prescriber, either in writing or orally. If no such
authorization is given, the prescription may not be refilled except in
accordance with section 4729.281 of the Revised Code.
(I) The drug(s) in a
compounded prescription or drug product shall be identified by the product
trade name or generic name.
(J) No prescription shall be coded in such a
manner that it cannot
be dispensed by any pharmacy of the patient's choice. A "coded prescription" is
one which THAT bears letters, numbers, words or symbols,
or any other device used in lieu of the name, quantity, strength and directions
for its use, other than those normal letters, numbers, words, symbols, or
other media recognized by the profession of pharmacy as a means of conveying
information by prescription.
No symbol, word, or any other device shall be used in lieu of the
name of said preparation.
(K) (1) The agent of a prescriber who transfers a facsimile of
THE PRESCRIBER'S AUTHORIZATION FOR an original prescription or transmits
an oral prescription or authorization of a refill
for a dangerous drug must identify themselves HIMSELF/HERSELF
by full name and the pharmacist shall make a record of the prescriber's agent
on the original prescription and, if used, on the alternate system of
recordkeeping. A
pharmacist who modifies a patient's drug therapy, pursuant to a consult agreement,
must personally transmit the facsimile or oral order to another pharmacist, if
the drug is not dispensed by the pharmacist who modified the drug order.
(2) A LICENSED PHARMACY INTERN MAY RECEIVE
TELEPHONE AUTHORIZATION OF AN ORAL ORIGINAL PRESCRIPTION OR A REFILL FROM A
PRESCRIBER OR THE PRESCRIBER'S AGENT PURSUANT TO THE FOLLOWING:
(a) THE PHARMACIST ON DUTY WHO IS SUPERVISING THE
ACTIVITY OF THE INTERN IS RESPONSIBLE FOR THE ACCURACY OF THE PRESCRIPTION.
(b) THE PHARMACIST ON DUTY WHO IS SUPERVISING THE
ACTIVITY OF THE INTERN WILL DETERMINE IF THE INTERN IS COMPETENT TO RECEIVE
TELEPHONE PRESCRIPTIONS.
(c) THE SUPERVISING PHARMACIST MUST BE IMMEDIATELY
AVAILABLE TO ANSWER QUESTIONS OR DISCUSS THE PRESCRIPTION WITH THE CALLER.
(d) THE INTERN SHALL IMMEDIATELY REDUCE THE
PRESCRIPTION TO WRITING AND SHALL REVIEW THE PRESCRIPTION WITH THE SUPERVISING
PHARMACIST. PRIOR
TO DISPENSING, POSITIVE IDENTIFICATION OF THE INTERN AND THE SUPERVISING
PHARMACIST SHALL BE MADE ON THE PRESCRIPTION TO IDENTIFY THE RESPONSIBILITY FOR
THE RECEIPT OF THE ORAL ORDER.
(L) When forms are used that create multiple copies of a prescription
issued to a patient by a prescriber, the original prescription which
THAT also bears the actual signature of the prescriber must be issued to
the patient for dispensing by a pharmacist.
(M) A pharmacist may accept, without further
verification of the prescriber’s identity required, a prescription that has
been transmitted by means of a board-approved automated paperless system. The system shall
require positive identification of the prescriber as defined in rule 4729-5-01
of the Administrative Code as well as the full name of any authorized agent of
the prescriber who transmits the prescription.
(N) A schedule II controlled substance
prescription for a narcotic substance issued for a patient enrolled in a
hospice may be transmitted by the prescriber or the prescriber's agent to the
pharmacy by facsimile.
The original prescription must indicate that the patient is a
hospice patient. The
facsimile transmission must meet all of the requirements in paragraph (D) of
this rule for such a prescription.
(O) When a
pharmacist, acting as an agent of the physician, modifies a patient's drug
therapy pursuant to a consult agreement, the pharmacist must comply with this
rule in the same manner as a prescriber and include the name of the physician
who originally prescribed the drug and sign the pharmacist's full name.
(P) A prescription
orally transmitted by telephone to a pharmacy by a prescriber or the
prescriber's agent may be placed on a recording device at the pharmacy if the
pharmacist is unavailable.
The prescriber or prescriber's agent must provide his/her
complete name. The
pharmacist must remove the prescription from the recorder and reduce it to
writing. The pharmacist
is responsible for assuring
the validity of the prescription removed from the recorder.
4729‑5‑31
Criteria for licensure
by examination.
(A) Pursuant to section 4729.07 of the Revised
Code:
(1) The examination shall consist of the “North American
Pharmacist Licensure Examination (NAPLEX)” and a jurisprudence examination
compiled by the state board of pharmacy or the “National Association of Boards
of Pharmacy (NABP)."
(2) (a) The minimum passing grade SCORE for the NAPLEX
is seventy-five. Any
candidate failing to attain a grade SCORE of seventy-five
on the NAPLEX examination will be required
to repeat the NAPLEX examination and remit the fee established by the state
board of pharmacy for re‑examination.
(b) PURSUANT TO THE PROCEDURES ESTABLISHED BY THE NABP,
A CANDIDATE MAY TRANSFER HIS/HER NAPLEX SCORE TO
BY THE BOARD FOR EXAMINATION AND LICENSURE IN
(3) The minimum passing grade SCORE for the
jurisprudence examination is seventy‑five. Any candidate who fails to receive a grade
SCORE of seventy‑five on the jurisprudence examination will be
required to repeat the jurisprudence examination and remit the fee established
by the state board of pharmacy for re‑examination.
(B) Pursuant to section 4729.13 of the Revised
Code:
(1) The examination shall consist of the
"North American Pharmacist Licensure Examination (NAPLEX)" and a
jurisprudence examination compiled by the state board of pharmacy or the
"National Association of Boards of Pharmacy (NABP)."
(2) The minimum passing grades SCORES
for renewal of the pharmacist's identification card is a seventy-five on each
exam.
(a) Any candidate for renewal of an identification
card who fails to receive a grade SCORE of seventy‑five
on the jurisprudence examination shall make application and remit the fee
established by the state board of pharmacy for re‑examination.
(b) Any candidate for renewal of an identification
card who fails to receive a grade SCORE of seventy‑five
on the NAPLEX examination shall make application and remit
the fee established by the state board of pharmacy for re‑examination.
(C) Pursuant to section 4729.08 of the Revised
Code:
Applicants for
examination and registration as a pharmacist who are graduates of schools or
colleges of pharmacy located outside the
(1) Obtain a grade SCORE no
lower than seventy-five on the "Foreign Pharmacy Graduate Equivalency
Examination (FPGEE)"; and
(2) Show oral proficiency in English by successful
completion of the "Test of Spoken English (TSE)"
or its equivalent, pursuant to rule 4729-5-34 of the Administrative Code.
4729-5-35
Automated drug delivery
systems.
All automated
drug delivery systems intended for use by a terminal distributor of dangerous
drugs pursuant to rule 4729-17-01 or 4729-17-05
of the Administrative Code must meet the following requirements:
(A) Each automated drug delivery system must be
approved by the board of pharmacy prior to its implementation by the terminal
distributor of dangerous drugs;
(B) The automated drug delivery system shall have
a documented and
on-going quality assurance program that monitors total system performance and
includes the requirement for one hundred per cent accuracy in drug and strength
delivered;
(C) The automated drug delivery system shall have
adequate security
to prevent unauthorized individuals from accessing or obtaining dangerous
drugs;
(D) The records kept by the automated drug
delivery system shall comply with all board requirements.
4729-9-01 Definitions.
(A) "Dangerous drug," as defined in
section 4729.01 of the Revised Code, means any drug or drug product whose
commercial package bears a label containing the symbol "Rx only", the
legend "Caution: Federal Law
Prohibits Dispensing Without Prescription" or "Caution: Federal Law Restricts This Drug To Use By Or
On The Order Of A Licensed Veterinarian", or any similar restrictive
statement.
(B) A dangerous drug is adulterated if beyond the
expiration date as stated by the manufacturer, packer, or distributor in its
labeling or if it is not stored or dispensed according to the requirement of
the federal act as indicated in the product labeling.
(C) "Psychiatric outpatient facility"
means a facility where psychiatric evaluation and treatment is provided on an
outpatient basis.
(D) As used in Chapters 3719. and
4729. of the Revised Code, "registered" and
"licensed" mean that an individual or facility has met the initial
qualifications for registration and licensure with the state board of pharmacy
and, if they are still actively practicing pharmacy or distributing drugs, have
complied with annual renewal procedures, including payment of applicable fees.
(E) "Revoke", as used in Chapters 3719. and 4729. of the Revised Code, means to take action against
a license which renders RENDERING such license void and
such license may not be reissued. "Revoke" is an action which
THAT is permanent against the license and licensee.
(F) "Suspend", as used in Chapters 3719.
and 4729. of the Revised Code, means to take action
against a license which renders RENDERING such license
without force and effect for a period of time as determined by the state board
of pharmacy. The
board may require that an individual whose license has been suspended 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.
(G) "Place on probation", as used in
Chapter 4729. of the Revised Code, means to take action against a license which
suspends SUSPENDING SOME OR ALL OF the sanctions imposed by the state
board of pharmacy during a period of good behavior for a AGAINST
THAT LICENSE. THE TERMS OF THE PROBATION
SHALL STATE THE period of time and under such COVERED BY
THE PROBATION AND MAY INCLUDE OTHER conditions as determined by the state
board of pharmacy.
(H) "Refuse to grant or renew", as used
in Chapter 4729. of the Revised Code, means to deny original or continued
licensure for a period of at least twelve months. After twelve months or such period of
time as the individual board order may require, a pharmacist, a pharmacy
intern, a terminal distributor of dangerous drugs, a wholesale distributor of
dangerous drugs, a wholesaler of controlled substances, a manufacturer of
controlled substances, or an individual or facility who desires to attain such
status by licensure, and whose license the state board of pharmacy has refused
to grant or renew, may make application to the board for issuance of a new
license.
A pharmacist, or an individual who desires to attain such status by licensure,
whose license the state board of pharmacy has refused to grant or renew must
meet any requirements established by the board or must pass any examination
required by the board.
(I) "Campus", as used to describe a type
of terminal distributor of dangerous drugs license issued pursuant to division
(E) of section 4729.51 of the Revised Code, means an establishment or place
consisting of multiple buildings where dangerous drugs are stored that are
located on a contiguous plot of land. All such buildings and stocks of
dangerous drugs shall be under common ownership and control.
(J) "Certified diabetes educator", as
used in Chapters 3719. and 4729. of
the Revised Code, means a person who has been certified to conduct diabetes
education by the "National Certification Board for Diabetes Educators (NCBDE)".
4729‑9‑07 Procedure
for discontinuing business as a wholesale or
a terminal distributor of dangerous drugs.
(A) A wholesale or terminal distributor of
dangerous drugs who plans to discontinue business activities shall file a
written notice with the board of pharmacy. The written notice shall be submitted
to the board of pharmacy in person, BY VERIFIED FACSIMILE,
or by registered or certified mail, return receipt requested, at least fourteen
days in advance of the proposed date of discontinuing business, UNLESS
THE BOARD WAIVES THIS TIME LIMITATION IN INDIVIDUAL INSTANCES. This notice shall
include the following information:
(1) The name, address, and wholesale or terminal
distributor
of dangerous drugs number of the registrant discontinuing business;.
(2) The name, address, and wholesale or terminal
distributor of dangerous drugs number to whom the dangerous drugs will be
transferred;.
(3) The name and address of the SECURED
location at which WHERE the records of purchase and
dispensing will be kept in accordance with section 4729.37 of the Revised Code;
and. THE STORAGE OF DISPENSING
RECORDS MUST COMPLY WITH THE CONFIDENTIALITY REQUIREMENTS OF RULE 4729-5-29 OF
THE ADMINISTRATIVE CODE.
(4) The proposed date of discontinuing business.
(B) Unless the registrant is informed by the executive
director before the proposed date of discontinuing business that the transfer
of dangerous drugs and records may not occur, the registrant discontinuing
business may transfer the dangerous drugs and records in accordance with the
following:
(1) On the date of discontinuing business, a
complete inventory
of all controlled substances being transferred, or disposed of according to
rule 4729-9-06 of the Administrative Code, shall be made. The inventory shall list the name and
quantity of all controlled substances transferred or disposed of.
(2) This inventory shall serve as the final
inventory of the registrant discontinuing business and the initial inventory
of the registrant to whom the controlled substances are being transferred. A copy of the
inventory shall be included in the records of each registrant involved in the
transfer.
(C) Upon discontinuing business, the registrant
shall return to the board of pharmacy, in person or by registered or certified
mail, return receipt requested, the wholesale distributor of dangerous drugs
license or the terminal distributor of dangerous drugs license for
cancellation.
4729‑9‑11 Security and control of dangerous drugs.
A pharmacist, prescriber, or responsible person pursuant to paragraph
(C) of rule 4729‑13‑01 or paragraph (C) of rule 4729‑14‑01
of the Administrative Code, who has signed as being responsible for a terminal
distributor of dangerous drugs license, shall provide "supervision and
control" of dangerous drugs as required in division (B) of section 4729.55
of the Revised Code, and "adequate safeguards" to assure that
dangerous drugs
are being distributed in accordance with all state and federal laws as required
in section 4729.55 of the Revised Code, by the following procedures:
(A) In a pharmacy.
(1) Personal
supervision by a pharmacist of the dangerous drugs at all times to deter and
detect theft or diversion; except,
(2) Whenever
personal supervision of the dangerous drugs is not provided by a pharmacist,
physical or electronic security of the dangerous drugs must be provided
according to the following requirements:
(a) The
prescription department or stock of dangerous drugs must be secured by either a
physical barrier with suitable locks and/or an electronic barrier to detect
entry at a time the pharmacist is not present. Such a barrier, before being put into
use, must be approved by the state board of pharmacy.
(b) The
prescription department must contain all dangerous drugs, exempt narcotics,
hypodermics, poisons, and every other item or product which
THAT requires the personal
supervision or sale by a pharmacist.
(c) No item,
product, record, or equipment which
THAT must be accessible to anyone
other than a pharmacist may be stored in the prescription department.
(d) Only
EXCEPT AS PROVIDED IN RULE 4729-17-03 OF THE ADMINISTRATIVE CODE,
ONLY a pharmacist may have access to the prescription department or stock
of dangerous drugs or assume responsibility for the security of dangerous
drugs, exempt narcotics, hypodermics, poisons, and any other item or product which
THAT requires the personal
supervision or sale by a pharmacist.
(e) No
prescription, dangerous drug, exempt narcotic, hypodermic, nor any other item
or product which
THAT requires the personal
supervision or sale by a pharmacist may be sold, given away, or disposed of at
any time the prescription department is closed.
(f) New prescriptions
received from the patient or by mail, or refill prescription orders received
from the patient or by phone or by mail, may be dropped into the
prescription department by slot DEPOSITED INTO A SECURED AREA WITHIN
THE BUILDING WHERE THE PHARMACY IS LOCATED when a pharmacist
is not present. ONLY
A PHARMACIST MAY HAVE ACCESS TO THIS SECURED AREA.
(g) Notice to the
public of operating hours of the prescription department must be posted.
(3) Areas
designated for the dispensing, compounding, and storage
of dangerous drugs shall meet the security requirements in rule 4729‑9‑05
of the Administrative Code.
No person may be within the physical confines of the area
designated for the dispensing, compounding, and storage of dangerous drugs
unless under the personal supervision of a pharmacist.
(B) In other
terminal distributors of dangerous drugs, including but not limited to,
emergency medical services pursuant to division (C) of section 4729.54 of the
Revised Code, first‑aid departments pursuant to rule 4729‑9‑04
of the Administrative Code, approved laboratories pursuant to paragraph (A) of
rule 4729‑13‑01 of the Administrative Code, and animal shelters
pursuant to paragraph (A) of rule 4729‑14‑01 of the Administrative
Code, dangerous drugs must be stored in an area secured by either a physical
barrier with suitable locks and/or an electronic barrier to deter and detect
unauthorized access.
(C) A pharmacist,
prescriber, or responsible person for a terminal distributor of dangerous
drugs license pursuant to paragraph (C) of rule 4729‑13‑01 or paragraph
(C) of rule 4729‑14‑01 of the Administrative Code who has signed as
being responsible for a terminal distributor of dangerous drugs license is
responsible to monitor for suspicious orders, unusual usage, or questionable
disposition of dangerous drugs.
2:35 p.m.
Ms. Eastman moved that the
Board go into Executive Session for the purpose of the investigation of
complaints regarding licensees and registrants pursuant to Section 121.22(G)(1)
of the Revised Code. The
motion was seconded by
3:00 p.m.
RES. 2001-036 The
Executive Session ended and the meeting was opened to the public.
The
Ohio Attorney General
Re: Request for Opinion
Dear
The Board of Pharmacy,
pursuant to Section 3719.18 of the Ohio Revised Code, enforces
The General Assembly enacted
into law House Bill 428, signed by
on February 15, 2000, effective May 17, 2000, which designated GHB as a schedule II controlled substance. Between those two dates, on March 13,
2000, as reported in the Federal Register, the United States Attorney General,
through the Deputy Administrator of the Federal Drug Enforcement
Administration, designated GHB as a schedule I
controlled substance, unless used in a properly approved research program or
unless it is in a substance approved by the Federal Food and Drug
Administration (FDA), in which case(s) it is designated as a schedule III
controlled substance.
The inclusion of GHB, in its own form and not in an approved research program, as a schedule I controlled substance by the federal government would certainly govern since schedule I is the most restrictive schedule. See Sections 3719.44(A)(2) and (3) of the Ohio Revised Code as guidance. However, if GHB were to be in an FDA-approved drug, is the Ohio schedule (GHB as schedule II, voted by the Legislature and signed by the Governor in February) automatically changed by the federal action to schedule III pursuant to Section 3719.43 of the Ohio Revised Code, or does the effective date of the Legislature’s action (May) transcend the federal action, thereby rendering GHB a schedule II controlled substance?
Your opinion on this matter
is hereby requested. Time
is of the essence due to the fact that criminal prosecutions have already been
commenced in
The motion was seconded by
3:10 p.m.
RES. 2001-037
ORDER OF THE STATE BOARD OF PHARMACY
(Docket
No. D-000405-055)
In
The Matter Of:
(R.Ph. No. 03-2-10274)
INTRODUCTION
THE MATTER OF DEREK EDWARD DUCKWORTH CAME FOR
HEARING ON SEPTEMBER 7, 2000, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ANN D. ABELE, R.Ph. (acting chairperson);
SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; LAWRENCE J. KOST, R.Ph.;
DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.
SUMMARY
OF EVIDENCE
(A) Testimony
State's Witnesses:
(1)
Respondent's Witnesses:
(1)
(2)
(3)
(B) Exhibits
State's Exhibits:
(1) Exhibit 1--Copy of eight-page Summary Suspension Order/Notice
of
(2) Exhibit 1A--Hearing Request letter dated April 21, 2000.
(3) Exhibit 1B--Copy of six-page Amendment Notice dated April 27,
2000.
(4) Exhibit 1C--Copy of Hearing Schedule letter dated April 27,
2000.
(5) Exhibit 1D--Copy of Pharmacist File Front Sheet of Derek
Edward Duckworth showing original date of registration as July 20, 1972; and
two-page copy of Renewal Application for Pharmacist License, No. 03-2-10274,
for a license to practice pharmacy in
(6) Exhibit 2--Ohio State Board of Pharmacy Drug Audit
Accountability Sheet of Rite Aid #2339 for Vicoprofen for the time period of
May 1, 1999, through December 27, 1999.
(7) Exhibit 3--Five-page copy of Rite Aid #2339 Flow Chart for
Vicoprofen dated from May 1, 1999, through December 27, 1999.
(8) Exhibit 4--Three-page handwritten statement of
(9) Exhibit 5--Ohio State Board of Pharmacy Drug Audit
Accountability Sheet of Rite Aid #2309 for Vicoprofen dated January 18, 2000.
(10) Exhibit 6--Ohio State Board of Pharmacy Drug Audit
Accountability Sheet of Rite Aid #2309 for Lorcet 10-650 dated January 18,
2000.
(11) Exhibit 7--Ohio State Board of Pharmacy Drug Audit
Accountability Sheet of Rite Aid #2309 for Hydrocodone 10/650 dated January 19,
2000.
(12) Exhibit 8--Three Rite Aid Pharmacy Patient
Counseling/Eligibility forms numbered and dated as follows: 2339-178053 dated
November 11, 1999; 2339-178053 dated November 23, 1999; and 2339-180484 dated
December 18, 1999.
(13) Exhibit 9--Prescription No. 2339-180484 and Rite Aid Pharmacy
Patient Counseling/Eligibility Form for Prescription No. 2339-180484 dated
December 5, 1999.
(14) Exhibit 10--Handwritten statement of
(15) Exhibit 11--Handwritten statement of
(16) Exhibit 12--Page One of Rite Aid,
(17) Exhibit 13--Prescription No. 2339-180447 and Rite Aid Pharmacy
Patient Counseling Eligibility Form for Prescription No. 2339-180447 dated
December 4, 1999.
(18) Exhibit 14--Rite Aid Pharmacy Patient Counseling Eligibility
Form for Prescription No. 2309-172688 dated August 3, 1999.
(19) Exhibit 15--Rite Aid Pharmacy #2309 Prescription Register dated
from October 8, 1999, through October 8, 1999.
(20) Exhibit 16--Copy of Page Two of Rite Aid,
(21) Exhibit 17--Rite Aid Pharmacy Patient Counseling Eligibility
Form for Prescription No. 2339-179515 dated December 5, 1999.
(22) Exhibit 18--Page Five of Rite Aid Pharmacy #2339 Refill Listing
Register dated from December 10, 1999, through December 10, 1999.
(23) Exhibit 19--Page Three of Rite Aid Pharmacy #2339 Refill Listing
Register dated from December 18, 1999, through December 18, 1999.
(24) Exhibit 20--Copy of letter from
(25) Exhibit 21--Prescription No. 2309-172688 and Rite Aid Pharmacy
Patient Counseling Eligibility Form for Prescription No. 2309-172688 dated
July 29, 1999.
(26) Exhibit 22--Prescription No. 2309-175961 and Rite Aid Pharmacy
Patient Counseling Eligibility Form for Prescription No. 2309-175961 dated
August 13, 1999.
(27) Exhibit 23--Prescription No. 2309-186705.
(28) Exhibit 24--Prescription No. 2339-177601 and Rite Aid Pharmacy
Patient Counseling Eligibility Form for Prescription No. 2339-177601 dated
November 9, 1999.
(29) Exhibit 25--Prescription No. 2339-179515 and Rite Aid Pharmacy
Patient Counseling Eligibility Form for Prescription No. 2339-179515 dated
November 26, 1999.
(30) Exhibit 26--Prescription No. 2339-181684.
(31) Exhibit 27--Prescription No. C733759.
(32) Exhibit 28--Prescription No. C761821.
(33) Exhibit 29--Three-page Drug Corner Pharmacy Prescription
Profiles-Detailed of Bryson King for the period of January 1, 1999, to March
16, 1999.
(34) Exhibit 30--Copy of Page One of Rite Aid,
(35) Exhibit 31--Letter from
(36) Exhibit 32--Prescription No. C766579.
(37) Exhibit 33--Prescription No. 2309-146569.
(38) Exhibit 34--Prescription No. 2309-155983.
(39) Exhibit 35--Prescription No. 2309-167084 and Rite Aid Pharmacy
Patient Counseling Eligibility Form for Prescription No. 2309-167084, dated
July 2, 1999.
(40) Exhibit 36--Prescription No. 2309-173926 and Rite Aid Pharmacy
Patient Counseling Eligibility Form for Prescription No. 2309-173926 dated
August 4, 1999.
(41) Exhibit 37--Prescription No. 2309-186081 and Rite Aid Pharmacy
Patient Counseling Eligibility Form for prescriptions numbered 2309-186080 and
2309-186081 dated October 2, 1999.
(42) Exhibit 38--Prescription No. 4828-12596.
(43) Exhibit 39--Prescription No. 2337-108638 and Rite Aid Pharmacy
Patient Counseling Eligibility Form for Prescription No. 2337-108638 dated
November 24, 1999.
(44) Exhibit 40--Prescription No. C734475.
(45) Exhibit 41--Prescription No. C735899.
(46) Exhibit 42--Prescription No. C751550.
(47) Exhibit 43--Prescription No. C750786.
(48) Exhibit 44--Prescription No. C762315.
(49) Exhibit 45--Prescription No. C765834.
(50) Exhibit 46--Prescription No. 2309-142598 and Rite Aid Pharmacy
Patient Counseling Eligibility Form for Prescription No. 2309-142598 dated
March 19, 1999.
(51) Exhibit 47--Prescription No. 2309-146567 and Rite Aid Pharmacy
Patient Counseling Eligibility Form for Prescription No. 2309-146567 dated
April 1, 1999.
(52) Exhibit 48--Prescription No. 2309-149340 and Rite Aid Pharmacy
Patient Counseling Eligibility Form for Prescription No. 2309-149340 dated
April 11, 1999.
(53) Exhibit 49--Rite Aid Pharmacy Patient Counseling Eligibility
Form for Prescription No. 2309-150978 dated April 17, 1999.
(54) Exhibit 50--Prescription No. 2309-157071 and Rite Aid Pharmacy
Patient Counseling Eligibility Form for prescriptions numbered 2309-157071 and
2309-157073 dated May 13, 1999.
(55) Exhibit 51--Rite Aid Pharmacy Patient Counseling Eligibility
Form for Prescription No. 2309-159973 dated May 27, 1999.
(56) Exhibit 52--Rite Aid Pharmacy Patient Counseling Eligibility Form
for Prescription No. 2309-159973 dated June 2, 1999.
(57) Exhibit 53--Rite Aid Pharmacy Patient Counseling Eligibility
Form for Prescription No. 2309-159973 dated June 14, 1999.
(58) Exhibit 54-- Rite Aid Pharmacy Patient Counseling Eligibility
Form for Prescription No. 2309-159973 dated June 19, 1999.
(59) Exhibit 55--Prescription No. 2309-167065 and Rite Aid Pharmacy
Patient Counseling Eligibility Form for Prescription No. 2309-167065 dated
July 11, 1999.
(60) Exhibit 56--Prescription No. 2309-171355.
(61) Exhibit 57--Rite Aid Pharmacy Patient Counseling Eligibility
Form for Prescription No. 2309-171355 dated July 24, 1999.
(62) Exhibit 58--Prescription No. 2309-178727 and Rite Aid Pharmacy
Patient Counseling Eligibility Form for Prescription No. 2309-178727 dated
August 28, 1999.
(63) Exhibit 59--Prescription No. 2309-189366 and Rite Aid Pharmacy
Patient Counseling Eligibility Form for Prescription No. 2309-189366 dated
October 19, 1999.
(64) Exhibit 60--Rite Aid Pharmacy Patient Counseling Eligibility
Form for Prescription No. 2309-190202 dated October 22, 1999.
(65) Exhibit 61--Prescription No. 2337-106816 and Rite Aid Pharmacy
Patient Counseling Eligibility Form for Prescription No. 2337-106816 dated
October 27, 1999.
(66) Exhibit 62--Prescription No. 2339-179866.
(67) Exhibit 63--Three Rite Aid Pharmacy Patient Counseling
Eligibility Forms for prescriptions numbered 2339-179866, 2339-179864, and
2339-179865 dated November 30, 1999.
(68) Exhibit 64--Rite Aid Pharmacy Patient Counseling Eligibility
Form for Prescription No. 2339-181684 dated December 18, 1999.
(69) Exhibit 65--Rite Aid Pharmacy Patient Counseling Eligibility
Form for Prescription No. 2339-179866 dated December 19, 1999.
(70) Exhibit 66--Prescription No. C739389.
(71) Exhibit 67--Prescription No. C741884.
(72) Exhibit 68--Prescription No. C744845.
(73) Exhibit 69--Prescription No. C749057.
(74) Exhibit 70--Prescription No. C753085.
(75) Exhibit 71--Prescription No. C758196.
(76) Exhibit 72--Prescription No. C760295.
(77) Exhibit 73--Prescription No. C761820.
(78) Exhibit 74--Prescription No. C763774.
(79) Exhibit 75--Prescription No. C765567.
(80) Exhibit 76--Prescription No. C766580.
(81) Exhibit 77--Prescription No. C767994.
(82) Exhibit 78--Prescription No. 2309-154823.
(83) Exhibit 79--Prescription No. 2309-158948.
(84) Exhibit 80--Prescription No. 2309-161876 and Rite Aid Pharmacy
Patient Counseling Eligibility Form for Prescription No. 2309-161876 dated
June 5, 1999.
(85) Exhibit 81--Prescription No. 2339-178367 and Rite Aid Pharmacy
Patient Counseling Eligibility Form for Prescription No. 2339-178367 dated
November 15, 1999.
(86) Exhibit 82--Prescription No. C735114.
(87) Exhibit 83--Prescription No. C740878.
(88) Exhibit 84--Prescription No. C743905.
(89) Exhibit 85--Prescription No. C762313.
(90) Exhibit 86--Prescription No. 2309-158952 and Rite Aid Pharmacy
Patient Counseling Eligibility Form for prescriptions numbered 2309-158948 and
2309-158952 dated May 24, 1999.
(91) Exhibit 87--Prescription No. 2309-165146 and Rite Aid Pharmacy
Patient Counseling Eligibility Form for Prescription No. 2309-165146 dated
June 22, 1999.
(92) Exhibit 88--Prescription No. 2309-176810 and Rite Aid Pharmacy
Patient Counseling Eligibility Form for Prescription No. 2309-176810 dated
August 18, 1999.
(93) Exhibit 89--Prescription No. 2309-183240 and Rite Aid Pharmacy
Patient Counseling Eligibility Form for Prescription No. 2309-183240 dated
September 20, 1999.
(94) Exhibit 90--Prescriptions numbered 02339-178563 and 2339-178565
and Rite Aid Pharmacy Patient Counseling Eligibility Form for Prescription No.
2339-178565 dated November 16, 1999.
(95) Exhibit 91--Prescription No. 2339-179667 and two Rite Aid
Pharmacy Patient Counseling Eligibility Forms for prescriptions numbered
2339-179667 and 2339-179669 dated November 29, 1999.
(96) Exhibit 92--Prescription No. 2339-179864.
(97) Exhibit 93--Prescription No. 2339-179865.
(98) Exhibit 94--Seven-page certified copy of ten-count Indictment in
the
(99) Exhibit 95--Two-page certified copy of Plea of No Contest in the
(100) Exhibit 96--Two-page certified copy of Judgment Entry in the Lucas
County Common Pleas Court, State of Ohio v. Derek Duckworth, Case No.
G-4801-CR-0200001709, dated August 24, 2000.
Respondent's Exhibits:
(1) Exhibit A1--Copies of two urine drug screen reports of
(2) Exhibit A2--Copy of two-page Judgment Entry in the
(3) Exhibit A3--Copies of character reference letters from the
following: Jean Pierce dated July 31, 2000; William Aring
dated August 17, 2000; Richard L. Schafer dated August 1, 2000; Mark Eason
dated July 10, 2000; Michael A. Calabrese dated July 7, 2000; Thomas L. Maloney
dated July 10, 2000; Donald R. Calabrese, not dated; Michael A. Calabrese dated
July 7, 2000; Robert T. Calabrese dated July 7, 2000; James V. Shindler, Jr. dated August 23, 2000; Christy McCollum dated
August 15, 2000; Sue Ann and David A. Mullin dated July 12, 2000; Mike Linehan dated July 12, 2000; John D. Scouten
dated July 13, 2000; Sue Ann and David A. Mullin dated July 12, 2000 with
handwritten note from Dave and Sue Ann; Officer Robert Garcia dated July 24,
2000; James K. Bork dated July 25, 2000; James Nowakowski,
not dated; David L. Hutchinson, not dated; Donald M. Moline dated July 28,
2000; Jill E. Miller, not dated; Nancy Russell, not dated; Bill and Mary Ellen Werynski dated August 24, 2000; Michael J. Quinn dated
August 16, 2000; George E. Webb dated August 21, 2000; Rick Arbinger,
not dated; Timothy F. and Carol D. McGinnis dated August 24, 2000; Robert R. Badman dated August 17, 2000; Richard Buss dated August 8,
2000; Dale T. Heigel dated August 27, 2000; Robert V.
Loeb dated August 28, 2000; James K. Boyd, Jr. dated August 30, 2000; Richard
P. Boyd, not dated; Brad Lockridge dated August 23,
2000; Robert Hogg dated July 31, 2000; Russ and Lee Moebuis
dated August 23, 2000; Shannon DeHan, not dated;
Robert A. McKelvey dated July 10, 2000, and from JoAnn McKelvey dated August 24,
2000; Angela S. Woodward dated July 8, 2000; and James K. Bork dated July 25,
2000. Copies of two-page letters from
the following: Tim Sickelbaugh, not dated; Marion A.
Cary dated August 17, 2000; Janice Boyd, not dated; E. Terry Deltan dated July 11, 2000; Austin F. Klapp,
not dated; Lynn M. Pribor dated August 28, 2000; and
Rebecca Ladd, not dated.
Copies of three-page letters from the following:
(4) Exhibit A4--Letter from
(5) Exhibit A5--Letter from
(6) Exhibit A6--Letter from
FINDINGS
OF FACT
After having heard the
testimony, observed the demeanor of the witnesses, considered the evidence, and
weighed the credibility of each, the State Board of Pharmacy finds the
following to be fact:
(1) Records of the State Board of Pharmacy indicate that
(2)
(3) Derek Edward Duckworth did, from May 1, 1999, through December
28, 1999, with purpose to deprive, knowingly obtain or exert control over
dangerous drugs, the property of Rite Aid #2309, beyond the express or implied
consent of the owner, to wit: Derek Edward Duckworth stole 114 tablets of
Vicoprofen (1.5% of the store’s stock), 472 tablets of Lorcet 10/650 (37.5% of
the store’s stock), and 829 tablets of Hydrocodone w/APAP 10/650 (8.6% of the
store’s stock). Such
conduct is in violation of Section 2913.02 of the Ohio Revised Code.
(4)
|
Rx No. |
|
Date |
|
Drug |
|
Qty. |
|
178053 |
|
11/11/99 |
|
Vicoprofen 200/7.5 |
|
60 |
|
178053 |
|
11/23/99 |
|
Vicoprofen 200/7.5 |
|
60 |
|
180484 |
|
12/05/99 |
|
Vicoprofen 200/7.5 |
|
45 |
|
180484 |
|
12/18/99 |
|
Vicoprofen 200/7.5 |
|
45 |
Such conduct is in violation
of Section 2925.23(B)(1) of the Ohio Revised Code.
(5) Derek Edward Duckworth did, on or about December 4, 1999,
knowingly make a false statement in a prescription
order, report, or record required by Chapter 3719. or
4729. of the Revised Code, to wit: Derek Edward Duckworth created prescription
number 180447 for 60 unit doses of Alprazolam 1mg, a
Schedule IV controlled substance, and maintained it on file at Rite Aid #2339. Such conduct is in
violation of Section 2925.23(A) of the Ohio Revised Code.
(6) Derek Edward Duckworth did, on or about the following dates,
knowingly make a false statement in a prescription
order, report, or record required by Chapter 3719. or
4729. of the Revised Code, to wit: Derek Edward Duckworth forged the following
telephone prescriptions and maintained them on file at Rite Aid Pharmacy #2309
or #2339:
|
Store |
|
Rx No. |
|
Date |
|
Drug |
|
Qty. |
|
2309 |
|
172688 |
|
08/03/99 |
|
Hydrocodone 10mg/APAP
650mg |
|
200 |
|
2309 |
|
178593 |
|
08/20/99 |
|
Hydrocodone 10mg/APAP
650mg |
|
200 |
|
2309 |
|
187403 |
|
10/08/99 |
|
Hydrocodone 10mg/APAP
650mg |
|
200 |
|
2339 |
|
179515 |
|
12/05/99 |
|
Hydrocodone 10mg/APAP
650mg |
|
120 |
|
2339 |
|
179515 |
|
12/10/99 |
|
Hydrocodone 10mg/APAP
650mg |
|
120 |
|
2339 |
|
181684 |
|
12/18/99 |
|
Hydrocodone 10mg/APAP
650mg |
|
120 |
Such conduct is in violation
of Section 2925.23(A) of the Ohio Revised Code.
(7)
|
Store |
|
Rx No. |
|
Date |
|
Drug |
|
Qty. |
|
2309 |
|
172688 |
|
07/29/99 |
|
Hydrocodone 10mg/APAP 650mg |
|
200 |
|
2309 |
|
175961 |
|
08/13/99 |
|
Hydrocodone 10mg/APAP 650mg |
|
200 |
|
2309 |
|
186709 |
|
10/05/99 |
|
Hydrocodone 10mg/APAP 650mg |
|
100 |
|
2339 |
|
177601 |
|
11/09/99 |
|
Hydrocodone 10mg/APAP
650mg |
|
120 |
|
2339 |
|
179515 |
|
11/26/99 |
|
Hydrocodone 10mg/APAP
650mg |
|
120 |
|
2339 |
|
181684 |
|
12/14/99 |
|
Hydrocodone 10mg/APAP
650mg |
|
120 |
Such conduct is in violation
of Section 2925.23(B)(1) of the Ohio Revised Code.
(8) Derek Edward Duckworth did, on or about the following dates,
knowingly make a false statement in a prescription order, report or record
required by Chapter 3719. or 4729. of
the Revised Code, to wit:
|
Rx No. |
|
Date |
|
Drug |
|
Qty. |
|
733759 |
|
01/24/99 |
|
APAP/Codeine 30mg |
|
40 |
|
766378 |
|
02/23/99 |
|
APAP/Codeine 30mg |
|
40 |
|
761821 |
|
03/13/99 |
|
Xanax 1mg |
|
90 |
Such conduct is in violation
of Section 2925.23(A) of the Ohio Revised Code.
(9) Derek Edward Duckworth did, from on or about August 20, 1998,
through November 24, 1999, knowingly sell a controlled substance in an amount
exceeding five times the bulk amount but does not exceed fifty times the bulk
amount when not in accordance with Chapters 3719., 4729., and 4731. of the Ohio
Revised Code, to wit: while practicing pharmacy at Drug Corner (DC) and/or Rite
Aid Pharmacies (#2309, #2337, #2346, or #4828), Derek Edward Duckworth sold
1,080 tablets of alprazolam 1mg, a Schedule III
controlled substance, to the same patient pursuant to prescriptions which were
not written for a legitimate medical purpose:
|
Store |
|
Rx No. |
|
Date |
|
Drug |
|
Qty. |
|
DC |
|
694188 |
|
08/20/98 |
|
Xanax 1mg |
|
90 |
|
DC |
|
761821 |
|
01/21/99 |
|
Xanax 1mg |
|
90 |
|
DC |
|
766579 |
|
02/24/99 |
|
alprazolam
1mg |
|
90 |
|
DC |
|
761821 |
|
03/13/99 |
|
Xanax 1mg |
|
90 |
|
2309 |
|
146569 |
|
04/01/99 |
|
Xanax 1mg |
|
90 |
|
2309 |
|
155983 |
|
05/08/99 |
|
Xanax 1mg |
|
90 |
|
2309 |
|
167084 |
|
07/02/99 |
|
alprazolam
1mg |
|
90 |
|
2309 |
|
173926 |
|
08/04/99 |
|
Xanax 1mg |
|
90 |
|
2346 |
|
281723 |
|
09/08/99 |
|
alprazolam
1mg |
|
90 |
|
2309 |
|
186081 |
|
10/02/99 |
|
aprazolam 1mg |
|
90 |
|
4828 |
|
12596 |
|
10/26/99 |
|
alprazolam
1mg |
|
90 |
|
2337 |
|
108638 |
|
11/24/99 |
|
alprazolam
1mg |
|
90 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(10) Derek Edward Duckworth did, from on or about August 21, 1998,
through December 19, 1999, knowingly sell a controlled substance in an amount
exceeding fifty times the bulk amount when not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit:
while practicing pharmacy at Drug Corner (DC) and/or Rite Aid Pharmacies
(#2309, #2337, or #2339), Derek Edward Duckworth sold 9,676 tablets of
hydrocodone 10mg/APAP 650mg,
a Schedule III controlled substance, to the same patient pursuant to prescriptions
which were not written for a legitimate medical purpose:
|
Store |
|
Rx No. |
|
Date |
|
Drug |
|
Qty. |
|
DC |
|
734475 |
|
08/21/98 |
|
Lorcet 10/650 |
|
120 |
|
DC |
|
734475 |
|
08/28/98 |
|
Lorcet 10/650 |
|
110 |
|
DC |
|
735899 |
|
08/28/98 |
|
Lorcet 10/650 |
|
120 |
|
DC |
|
735899 |
|
09/01/98 |
|
Lorcet
10/650 |
|
120 |
|
DC |
|
735899 |
|
09/06/98 |
|
Lorcet
10/650 |
|
120 |
|
DC |
|
735899 |
|
09/09/98 |
|
Lorcet
10/650 |
|
120 |
|
DC |
|
735899 |
|
09/14/98 |
|
Lorcet
10/650 |
|
120 |
|
DC |
|
735899 |
|
09/21/98 |
|
Lorcet
10/650 |
|
120 |
|
DC |
|
734475 |
|
09/28/98 |
|
Lorcet
10/650 |
|
120 |
|
DC |
|
734475 |
|
10/06/98 |
|
Lorcet 10/650 |
|
120 |
|
DC |
|
734475 |
|
10/13/98 |
|
Lorcet
10/650 |
|
120 |
|
DC |
|
734475 |
|
10/21/98 |
|
Lorcet
10/650 |
|
120 |
|
DC |
|
735899 |
|
10/30/98 |
|
Lorcet
10/650 |
|
120 |
|
DC |
|
748088 |
|
11/03/98 |
|
Lorcet
10/650 |
|
120 |
|
DC |
|
748088 |
|
11/10/98 |
|
Lorcet
10/650 |
|
120 |
|
DC |
|
750786 |
|
11/17/98 |
|
Lorcet
10/650 |
|
120 |
|
DC |
|
751550 |
|
11/20/98 |
|
Lorcet
10/650 |
|
50 |
|
DC |
|
752278 |
|
11/24/98 |
|
Lorcet
10/650 |
|
200 |
|
DC |
|
752278 |
|
12/02/98 |
|
Lorcet
10/650 |
|
100 |
|
DC |
|
752278 |
|
12/09/98 |
|
Lorcet
10/650 |
|
200 |
|
DC |
|
752278 |
|
12/16/98 |
|
Lorcet
10/650 |
|
100 |
|
DC |
|
752278 |
|
12/19/98 |
|
Lorcet
10/650 |
|
200 |
|
DC |
|
752278 |
|
12/24/98 |
|
Lorcet
10/650 |
|
200 |
|
DC |
|
752278 |
|
12/31/98 |
|
Lorcet
10/650 |
|
100 |
|
DC |
|
752278 |
|
01/02/99 |
|
Lorcet
10/650 |
|
100 |
|
DC |
|
759141 |
|
01/04/99 |
|
Lorcet
10/650 |
|
200 |
|
DC |
|
759141 |
|
01/07/99 |
|
Lorcet
10/650 |
|
100 |
|
DC |
|
760043 |
|
01/10/99 |
|
Lorcet
10/650 |
|
100 |
|
DC |
|
760043 |
|
01/14/99 |
|
Lorcet
10/650 |
|
200 |
|
DC |
|
762315 |
|
01/25/99 |
|
Lorcet
10/650 |
|
220 |
|
DC |
|
760043 |
|
01/31/99 |
|
Lorcet
10/650 |
|
100 |
|
DC |
|
760043 |
|
02/05/99 |
|
Lorcet
10/650 |
|
100 |
|
DC |
|
760043 |
|
02/08/99 |
|
Lorcet
10/650 |
|
100 |
|
DC |
|
762315 |
|
02/13/99 |
|
Lorcet
10/650 |
|
100 |
|
DC |
|
765834 |
|
02/18/99 |
|
Lorcet
10/650 |
|
120 |
|
DC |
|
765834 |
|
02/26/99 |
|
Lorcet
10/650 |
|
120 |
|
DC |
|
768290 |
|
03/09/99 |
|
Lorcet
10/650 |
|
120 |
|
2309 |
|
142598 |
|
03/19/99 |
|
Lorcet
10/650 |
|
120 |
|
2309 |
|
146567 |
|
04/01/99 |
|
Lorcet
10/650 |
|
120 |
|
2309 |
|
149340 |
|
04/11/99 |
|
Lorcet
10/650 |
|
120 |
|
2309 |
|
150978 |
|
04/17/99 |
|
Lorcet
10/650 |
|
24 |
|
2309 |
|
155839 |
|
04/22/99 |
|
Lorcet
10/650 |
|
120 |
|
2309 |
|
157070 |
|
05/07/99 |
|
Lorcet
10/650 |
|
120 |
|
2309 |
|
157071 |
|
05/13/99 |
|
Lorcet
10/650 |
|
120 |
|
2309 |
|
9000330 |
|
05/17/99 |
|
hydrocodone
w/APAP 10/650 |
|
200 |
|
2337 |
|
97548 |
|
05/22/99 |
|
hydrocodone
w/APAP 10/650 |
|
50 |
|
2309 |
|
159972 |
|
05/25/99 |
|
hydrocodone
w/APAP 10/650 |
|
50 |
|
2309 |
|
159973 |
|
05/27/99 |
|
hydrocodone
w/APAP 10/650 |
|
100 |
|
2309 |
|
159973 |
|
06/02/99 |
|
hydrocodone
w/APAP 10/650 |
|
100 |
|
2309 |
|
159973 |
|
06/14/99 |
|
hydrocodone
w/APAP 10/650 |
|
100 |
|
2309 |
|
159973 |
|
06/19/99 |
|
hydrocodone
w/APAP 10/650 |
|
100 |
|
2309 |
|
167065 |
|
07/02/99 |
|
hydrocodone
w/APAP 10/650 |
|
200 |
|
2309 |
|
167065 |
|
07/11/99 |
|
hydrocodone
w/APAP 10/650 |
|
200 |
|
2309 |
|
171355 |
|
07/19/99 |
|
hydrocodone
w/APAP 10/650 |
|
200 |
|
2309 |
|
171355 |
|
07/24/99 |
|
hydrocodone
w/APAP 10/650 |
|
200 |
|
2309 |
|
172688 |
|
07/29/99 |
|
hydrocodone
w/APAP 10/650 |
|
200 |
|
2309 |
|
172688 |
|
08/03/99 |
|
hydrocodone
w/APAP 10/650 |
|
200 |
|
2309 |
|
175961 |
|
08/13/99 |
|
hydrocodone
w/APAP 10/650 |
|
200 |
|
2309 |
|
178593 |
|
08/20/99 |
|
hydrocodone
w/APAP 10/650 |
|
200 |
|
2309 |
|
178727 |
|
08/28/99 |
|
hydrocodone
w/APAP 10/650 |
|
200 |
|
2309 |
|
186080 |
|
10/02/99 |
|
hydrocodone w/APAP 10/650 |
|
100 |
|
2309 |
|
186709 |
|
10/05/99 |
|
hydrocodone w/APAP 10/650 |
|
100 |
|
2309 |
|
187403 |
|
10/08/99 |
|
hydrocodone w/APAP 10/650 |
|
200 |
|
2309 |
|
189366 |
|
10/19/99 |
|
Lorcet 10/650 |
|
120 |
|
2309 |
|
190202 |
|
10/22/99 |
|
hydrocodone w/APAP 10/650 |
|
120 |
|
2337 |
|
106816 |
|
10/27/99 |
|
hydrocodone
w/APAP 10/650 |
|
120 |
|
2339 |
|
177601 |
|
11/09/99 |
|
hydrocodone
w/APAP 10/650 |
|
120 |
|
2339 |
|
179515 |
|
11/26/99 |
|
hydrocodone
w/APAP 10/650 |
|
120 |
|
2339 |
|
179669 |
|
11/29/99 |
|
hydrocodone
w/APAP 10/650 |
|
27 |
|
2339 |
|
179866 |
|
11/30/99 |
|
hydrocodone
w/APAP 10/650 |
|
100 |
|
2339 |
|
179515 |
|
12/05/99 |
|
hydrocodone
w/APAP 10/650 |
|
120 |
|
2339 |
|
179515 |
|
12/10/99 |
|
hydrocodone
w/APAP 10/650 |
|
120 |
|
2339 |
|
181684 |
|
12/14/99 |
|
hydrocodone
w/APAP 10/650 |
|
120 |
|
2339 |
|
181684 |
|
12/18/99 |
|
hydrocodone
w/APAP 10/650 |
|
120 |
|
2339 |
|
179866 |
|
12/19/99 |
|
hydrocodone
w/APAP 10/650 |
|
100 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(11) Derek Edward Duckworth did, from on or about September 17, 1998,
through November 15, 1999, knowingly sell a controlled substance in an amount
exceeding fifty times the bulk amount but does not exceed one hundred times the
bulk amount when not in accordance with Chapters 3719., 4729., and 4731. of the
Ohio Revised Code, to wit: while practicing pharmacy at Drug Corner (DC) and/or
Rite Aid Pharmacies (#2309 or #2339), Derek Edward Duckworth sold 2,480 tablets
oxycodone 5mg/APAP 325mg, a
Schedule II controlled substance, to the same patient pursuant to prescriptions
which were not written for a legitimate medical purpose:
|
Store |
|
Rx No. |
|
Date |
|
Drug |
|
Qty. |
|
DC |
|
739389 |
|
09/17/98 |
|
Percocet
5/325 |
|
120 |
|
DC |
|
741884 |
|
09/30/98 |
|
Percocet
5/325 |
|
120 |
|
DC |
|
744845 |
|
10/15/98 |
|
Endocet 5/325 |
|
120 |
|
DC |
|
746649 |
|
10/26/98 |
|
Endocet 5/325 |
|
120 |
|
DC |
|
749057 |
|
11/07/98 |
|
Endocet 5/325 |
|
120 |
|
DC |
|
753085 |
|
11/30/98 |
|
Endocet 5/325 |
|
120 |
|
DC |
|
755726 |
|
12/14/98 |
|
Endocet 5/325 |
|
120 |
|
DC |
|
758196 |
|
12/29/98 |
|
Endocet 5/325 |
|
120 |
|
DC |
|
760295 |
|
01/12/99 |
|
Roxicet
5/325 |
|
120 |
|
DC |
|
761820 |
|
01/21/99 |
|
Endocet 5/325 |
|
120 |
|
DC |
|
763774 |
|
02/03/99 |
|
Endocet 5/325 |
|
120 |
|
DC |
|
765567 |
|
02/16/99 |
|
Endocet 5/325 |
|
120 |
|
DC |
|
766580 |
|
02/24/99 |
|
Endocet 5/325 |
|
120 |
|
DC |
|
767994 |
|
03/08/99 |
|
Endocet 5/325 |
|
120 |
|
2309 |
|
147461 |
|
03/24/99 |
|
Endocet 5/325 |
|
200 |
|
2309 |
|
154823 |
|
05/04/99 |
|
Endocet 5/325 |
|
120 |
|
2309 |
|
158948 |
|
05/24/99 |
|
Endocet 5/325 |
|
180 |
|
2309 |
|
161876 |
|
06/05/99 |
|
Endocet 5/325 |
|
180 |
|
2339 |
|
178367 |
|
11/15/99 |
|
Endocet 5/325 |
|
120 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(12) Derek
Edward Duckworth did, from on or about August 25, 1998, through November 30,
1999, knowingly sell a controlled substance in an amount exceeding fifty times
the bulk amount but does not exceed one hundred times the bulk amount when not
in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code,
to wit: while practicing pharmacy at Drug Corner and/or Rite Aid Pharmacies
(#2309 or #2339), Derek Edward Duckworth sold 772 tablets of OxyContin 20mg, a Schedule II controlled substance, to the same
patient pursuant to prescriptions which were not written for a legitimate
medical purpose:
|
Store |
|
Rx No. |
|
Date |
|
Drug |
|
Qty. |
|
DC |
|
735114 |
|
08/25/98 |
|
OxyContin 20mg |
|
60 |
|
DC |
|
740878 |
|
09/25/98 |
|
OxyContin 20mg |
|
40 |
|
DC |
|
743905 |
|
10/10/98 |
|
OxyContin 20mg |
|
60 |
|
DC |
|
762313 |
|
01/25/99 |
|
OxyContin 20mg |
|
60 |
|
2309 |
|
144083 |
|
03/24/99 |
|
OxyContin 20mg |
|
115 |
|
2309 |
|
158952 |
|
05/24/99 |
|
OxyContin 20mg |
|
60 |
|
2309 |
|
165146 |
|
06/22/99 |
|
OxyContin 20mg |
|
60 |
|
2309 |
|
176810 |
|
08/18/99 |
|
OxyContin 20mg |
|
40 |
|
2309 |
|
183240 |
|
09/20/99 |
|
OxyContin 20mg |
|
60 |
|
2339 |
|
178565 |
|
11/16/99 |
|
OxyContin 20mg |
|
100 |
|
2339 |
|
179667 |
|
11/29/99 |
|
OxyContin 20mg |
|
27 |
|
2339 |
|
179864 |
|
11/30/99 |
|
OxyContin 20mg |
|
90 |
Such conduct is in violation
of Section 2925.03(A) of the Ohio Revised Code.
(13) Derek Edward Duckworth did, on or about November 30, 1999,
knowingly sell
a controlled substance in an amount exceeding five times the bulk amount but
does not exceed fifty times the bulk amount when not in accordance with Chapters
3719., 4729., and 4731. of the Ohio Revised Code, to
wit: while practicing pharmacy at Rite Aid Pharmacy #2339, Derek Edward
Duckworth sold 90 unit doses of OxyContin 40mg, a
Schedule II controlled substance, pursuant to prescription number 179865, which
was not written for a legitimate medical purpose. Such conduct is in violation of
Section 2925.03(A) of the Ohio Revised Code.
CONCLUSIONS OF LAW
(1) Upon consideration of the record as a whole, the State Board
of Pharmacy concludes that paragraphs (2) through (13) of the Findings of Fact
constitute being guilty of a felony as provided in Division (A)(1) of Section
4729.16 of the Ohio Revised Code.
(2) Upon consideration of the record as a whole, the State Board
of Pharmacy concludes that paragraphs (2) through (13) of the Findings of Fact
constitute being guilty of dishonesty and unprofessional conduct in the
practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the
Ohio Revised Code.
(3) Upon consideration of the record as a whole, the State Board
of Pharmacy concludes that paragraphs (4) through (13) of the Findings of Fact
constitute being guilty of willfully violating, conspiring to violate,
attempting to violate, or aiding and abetting the violation of Chapter 2925. of the Revised Code as provided in Division (A)(5) of
Section 4729.16 of the
ACTION OF THE BOARD
Pursuant to Section 3719.121 of the Ohio Revised
Code, the State Board of Pharmacy hereby removes the Summary Suspension Order
issued to
Pursuant to Section 4729.16 of the Ohio Revised
Code, and on the basis of the Findings of Fact and Conclusions of Law set forth
above, the State Board of Pharmacy hereby suspends the pharmacist
identification card, No. 03-2-10274, held by Derek Edward Duckworth for five
years and such suspension is effective as of the date of the mailing of this
Order.
(A)
(B)
Further, after two years from the effective date of
this Order, the Board will suspend the remaining three years of the five-year
suspension provided that
(A) Derek Edward Duckworth must obtain, within sixty days after the
effective date of this Order, a full psychiatric or psychological evaluation by
a licensed psychiatrist or psychologist and must abide by the treatment plan as
designed by that psychiatrist or psychologist. The psychiatrist or psychologist must
provide an initial status report, which includes the recommended treatment plan,
to the Board within ten days after completing the assessment.
(B) Derek Edward Duckworth must take and successfully complete the Multistate Pharmacy Jurisprudence Examination offered by
the Board, prior to reinstatement. If
(C) Derek Edward Duckworth must provide, with his application for
reinstatement, documentation of the following:
(1) Compliance
with the licensed psychiatrist's or psychologist's
recommended treatment plan;
(2) A
report by the licensed psychiatrist or psychologist regarding
(3) Successful
completion of the Multistate Pharmacy Jurisprudence
Examination;
(4) Compliance
with the continuing pharmacy education requirements
as set forth in Chapter 4729-7 of the Ohio Administrative Code as applicable.
(D) If reinstatement is not accomplished within three years of the
effective date of this Order,
(E) Derek Edward Duckworth's license will be placed on probation
for three years effective as of the date the identification card to practice
pharmacy is issued. The
terms of probation are as follows:
(1) The
State Board of Pharmacy hereby declares that Derek Edward Duckworth'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) Derek
Edward Duckworth may not serve as a responsible pharmacist.
(3) Derek
Edward Duckworth may not destroy, assist in, or witness the destruction of controlled
substances.
(4) Derek
Edward Duckworth may not fill prescriptions for family members.
(5) Derek
Edward Duckworth must not violate the drug laws of the state of
(6) Derek
Edward Duckworth must abide by the rules of the State Board of Pharmacy.
(7) Derek
Edward Duckworth must comply with the terms of this Order.
THIS
ORDER WAS APPROVED BY A VOTE OF THE STATE BOARD OF PHARMACY.
MOTION
CARRIED.
SO ORDERED.
The motion was seconded by
3:30 p.m.
The Board was joined by
5:12 p.m.
The hearing concluded and the record was closed. The Board took a brief recess.
5:18 p.m.
The meeting resumed. Mrs. Teater 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
5:28 p.m.
RES. 2001-038 The
Executive Session ended and the Board meeting resumed in Public Session.
ORDER OF THE STATE BOARD OF PHARMACY
(Docket
No. D-000307-049)
In
The Matter Of:
(R.Ph. No. 03-1-19036)
INTRODUCTION
THE MATTER OF MICHAEL SCOTT GLADIEUX
CAME FOR HEARING ON SEPTEMBER 7, 2000, BEFORE THE FOLLOWING MEMBERS OF THE
BOARD: ANN D. ABELE, R.Ph. (acting chairperson); SUZANNE R. EASTMAN, R.Ph.;
ROBERT P. GIACALONE, R.Ph.; LAWRENCE J. KOST, R.Ph.; DOROTHY S. TEATER, PUBLIC
MEMBER; AND JAMES E. TURNER, R.Ph.
SUMMARY
OF EVIDENCE
(A) Testimony
State's Witnesses:
(1)
(2) Detective
Respondent's Witnesses:
(1)
(B) Exhibits
State's Exhibits:
(1) Exhibit 1--Copy of four-page Summary Suspension Order/Notice
of
(2) Exhibit 1A--Hearing Request letter dated March 31, 2000.
(3) Exhibit 1B--Copy of Hearing Schedule letter dated April 6,
2000.
(4) Exhibit 1C--Copy of four-page Addendum Notice dated April 19,
2000.
(5) Exhibit 1D--Letter from
(6) Exhibit 1E--Continuance Request letter dated May 1, 2000.
(7) Exhibit 1F--Copy of Hearing Schedule letter dated May 2, 2000.
(8) Exhibit 1G--Copy of Pharmacist File Front Sheet of Michael
Scott Gladieux showing date of registration as July
29, 1991; and two-page copy of Renewal Application for Pharmacist License, No.
03-1-19036, for a license to practice pharmacy in
(9) Exhibit 1H--Letter from
(10) Exhibit 2--VHS video tape for Case No. 00-1192 regarding
(11) Exhibit 3--Copy of Accountability Statement of Meijer Pharmacy
#156 for Hydrocodone/APAP 5/500 tablets dated February 14, 2000.
(12) Exhibit 4--Copy of Accountability Statement of Meijer Pharmacy
#156 for Hydrocodone/APAP 7.5/750 tablets dated February 14, 2000.
(13) Exhibit 5--Copy of Accountability Statement of Meijer Pharmacy
#156 for Hydrocodone/APAP 10/500 tablets dated February 14, 2000.
(14) Exhibit 6--Copy of Accountability Statement of Meijer Pharmacy
#156 for Hydrocodone/APAP 10/650 tablets dated February 14, 2000.
(15) Exhibit 7--Copy of Accountability Statement of Meijer Pharmacy
#156 for Vicodin ES tablets dated February 14, 2000.
(16) Exhibit 8--Copy of Accountability Statement of Meijer Pharmacy
#156 for Vicodin HP tablets dated February 14, 2000.
(17) Exhibit 9--Copy of Accountability Statement of CVS Pharmacy
#4434 for Hydrocodone/APAP 10/325 tablets dated February 29, 2000.
(18) Exhibit 10--Copy of Schedule Drug Worksheet for Store 115 with a
date range from May 20, 1999, to February 24, 2000, for the following drugs:
Hydrocodone/APAP 5/500; Hydrocodone/APAP 7.5/750; Hydrocodone/APAP 7.5/650;
Hydrocodone/APAP 10/650; Vicoprofen; Vicodin HP; and Vicodin HP generic.
(19) Exhibit 11--Copy of Schedule Drug Worksheet for Store 118 with a
date range from May 7, 1999, to February 24, 2000, for the following drugs:
Vicodin ES 7.5/750; Hydrocodone/APAP 7.5/650; Hydrocodone/APAP 10/500;
Vicoprofen; Lorcet 10/650; and Hydrocodone/APAP 10/650.
(20) Exhibit 12--Copy of Schedule Drug Worksheet of Store 117 with a
date range from May 18, 1999, to February 24, 2000, for the following drugs:
Vicodin 5/500; Hydrocodone/APAP 7.5/750; Hydrocodone/APAP 10/500; and
Hydrocodone/APAP 10/650.
(21) Exhibit 13--Copy of Schedule Drug Worksheet of Store 116 with a
date range from May 14, 1999, to February 24, 2000, for the following drugs:
Hydrocodone/APAP 5/500; Hydrocodone/APAP 7.5/650; Hydrocodone/APAP 10/500;
Lorcet 10/650; Hydrocodone/APAP 10/650; and Vicoprofen.
(22) Exhibit 14--Certified copy of five-page Judgement
Entry, Arraignment and Plea Order on Motion in Treatment in Lieu of Conviction,
in the Wood County Common Pleas Court, State of Ohio vs. Michael Gladiuex (sic Gladieux),
Case No. 00CR066, dated March 27, 2000.
(23) Exhibit 15--Copy of Order in the Lucas County Common Pleas
Court, State of Ohio v. Michael Gladeiux (sic
Gladieux), Case No. G-4801-CR-0200001708, dated
August 23, 2000.
(24) Exhibit 16--Copy of Bowling Green Police Division Written
Statement Requesting the Release of Records in the matter of
Respondent's Exhibits:
(1) Exhibit A--Copy of letter from
(2) Exhibit B--Copy of letter from Del D. Reynolds, not dated.
(3) Exhibit C--Copy of letter from
(4) Exhibit D--Copy of letter from Bilal
Salim dated September 5, 2000.
(5) Exhibit E--Copy of letter from
(6) Exhibit F--Letter from Ginny Gladieux,
not dated.
(7) Exhibit G--Copy of page 1 of urine drug screen of
(8) Exhibit H--Copy of page 2 of urine drug screen of
(9) Exhibit I--Copy of eight AA/NA meeting attendance
verifications of
(10) Exhibit J--Copy of eight AA/NA meeting attendance verifications
of
(11) Exhibit K--Copy of eight AA/NA meeting attendance verifications
of
(12) Exhibit L--Copy of eight AA/NA meeting attendance verifications
of
(13) Exhibit M--Copy of eight AA/NA meeting attendance verifications
of
(14) Exhibit N--Copy of eight AA/NA meeting attendance verifications
of
(15) Exhibit O--Copy of seven AA/NA meeting attendance verifications
of
FINDINGS
OF FACT
After having heard the testimony, observed the
demeanor of the witnesses, considered the evidence, and weighed the credibility
of each, the State Board of Pharmacy finds the following to be fact:
(1) Records of the State Board of Pharmacy indicate that
(2) Michael Scott Gladieux did, on
February 9, 2000, knowingly obtain, possess, or use a controlled substance, to
wit:
(3) Michael Scott Gladieux did, on
February 10, 2000, knowingly obtain, possess, or use a controlled substance, to
wit:
(4)
|
Drug |
|
Quantity |
|
% of Stock |
|
Hydrocodone 5mg/APAP
500mg |
|
177 |
|
4% |
|
Hydrocodone 7.5mg/APAP
750mg |
|
167 |
|
11% |
|
Hydrocodone 10mg/APAP
500mg |
|
111 |
|
56% |
|
Hydrocodone 10mg/APAP
650mg |
|
127 |
|
14% |
|
Vicodin ES 7.5mg/750mg |
|
73 |
|
7% |
|
Vicodin HP 10mg/660mg |
|
166 |
|
24% |
Such conduct is in violation
of Section 2913.02 of the Ohio Revised Code.
(5) Michael Scott Gladieux did, from on
or about August 3, 1998, through November 28, 1999, with purpose to deprive,
knowingly obtain or exert control over controlled substances, the property of
CVS/pharmacy #4434, beyond the express or implied consent of the owner, to wit:
Michael Scott Gladieux stole 10,797 unit doses of
Norco (Hydrocodone 10mg/APAP 325mg),
a Schedule III controlled substance, from his employer. Such conduct is in violation of
Section 2913.02 of the Ohio Revised Code.
(6) Michael Scott Gladieux did, from on
or about May 20, 1999, through February 24, 2000, with purpose to deprive,
knowingly obtain or exert control over dangerous drugs, the property of Meijer
Pharmacy #115, 1391 Conant St., Maumee, Ohio beyond the express or implied
consent of the owner and/or by deception, to wit: Michael Scott Gladieux stole the following controlled substances from
his employer:
|
Drug |
|
Quantity |
|
Hydrocodone 10mg/APAP
660mg |
|
229 |
|
Vicoprofen 7.5/200 |
|
176 |
|
Hydrocodone 7.5mg/APAP
750mg |
|
148 |
|
Hydrocodone 10mg/APAP
650mg |
|
40 |
|
Vicodin Hp Tablets |
|
34 |
|
Hydrocodone 7.5mg/APAP
650 mg |
|
20 |
Such conduct is in violation
of Section 2913.02 of the Ohio Revised Code.
(7) Michael Scott Gladieux did, from on or about May 7, 1999, through
February 24, 2000, with purpose to deprive, knowingly obtain or exert control
over dangerous drugs, the property of Meijer Pharmacy #118, 1500 E. Alexis
Road, Toledo, Ohio beyond the express or implied consent of the owner and/or by
deception, to wit: Michael Scott Gladieux stole the
following controlled substances from his employer:
|
Drug |
|
Quantity |
|
Hydrocodone 7.5mg/APAP
650mg |
|
203 |
|
Lorcet 10/650 |
|
160 |
|
Hydrocodone 10mg/APAP
650mg |
|
152 |
|
Hydrocodone 10mg/APAP
500mg |
|
82 |
|
Vicoprofen |
|
26 |
Such conduct is in violation
of Section 2913.02 of the Ohio Revised Code.
(8) Michael Scott Gladieux did, from on
or about May 18, 1999, through February 24, 2000, with purpose to deprive,
knowingly obtain or exert control over dangerous drugs, the property of Meijer
Pharmacy #117, 7240 West Central Avenue, Toledo, Ohio beyond the express or
implied consent of the owner and/or by deception, to wit: Michael Scott Gladieux stole the following controlled substances from his
employer:
|
Drug |
|
Quantity |
|
Vicodin |
|
96 |
|
Hydrocodone 10mg/APAP
500mg |
|
82 |
|
Hydrocodone 10mg/APAP
650mg |
|
24 |
Such conduct is in violation
of Section 2913.02 of the Ohio Revised Code.
(9) Michael Scott Gladieux did, from on
or about May 14, 1999, through February 24, 2000, with purpose to deprive,
knowingly obtain or exert control over dangerous drugs, the property of Meijer
Pharmacy #116, 1725 S. Wheeling Street, Oregon, Ohio beyond the express or
implied consent of the owner and/or by deception, to wit: Michael Scott Gladieux stole the following controlled substances from his
employer:
|
Drug |
|
Quantity |
|
Hydrocodone 10mg/APAP
500mg |
|
169 |
|
Hydrocodone 10mg/APAP
650mg |
|
113 |
|
Lorcet 10/650 |
|
97 |
|
Hydrocodone 5mg/APAP
500mg |
|
39 |
|
Hydrocodone 7.5mg/APAP
650mg |
|
18 |
Such conduct is in violation
of Section 2913.02 of the Ohio Revised Code.
CONCLUSIONS
OF LAW
(1) Upon consideration of the record as a whole, the State Board
of Pharmacy concludes that paragraphs (2) through (9) of the Findings of Fact
constitute being guilty of a felony as provided in Division (A)(1) of Section
4729.16 of the Ohio Revised Code.
(2) Upon consideration of the record as a whole, the State Board
of Pharmacy concludes that paragraphs (2) through (9) of the Findings of Fact
constitute being guilty of dishonesty and unprofessional conduct in the
practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the
Ohio Revised Code.
(3) Upon consideration of the record as a whole, the State Board
of Pharmacy concludes that paragraphs (2) and (3) of the Findings of Fact
constitute being addicted to or abusing liquor or drugs or impaired physically
or mentally to such a degree as to render him unfit to practice pharmacy as
provided in Division (A)(3) of Section 4729.16 of the
Ohio Revised Code.
(4) Upon consideration of the record as a whole, the State Board
of Pharmacy concludes that paragraphs (2) and (3) 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. of the Revised Code as provided in Division
(A)(5) of Section 4729.16 of the
ACTION
OF THE BOARD
Pursuant to Section 3719.121 of the Ohio Revised
Code, the State Board of Pharmacy hereby removes the Summary Suspension Order
issued to
Pursuant to Section 4729.16 of the Ohio Revised
Code, and on the basis of the Findings of Fact and Conclusions of Law set forth
above, the State Board of Pharmacy hereby suspends indefinitely the pharmacist
identification card, No. 03-1-19036 held by
(A)
(B)
Further, one year after the effective date of this
Order, the Board will consider any petition filed by
(A) Michael Scott Gladieux must enter
into a contract within ninety days after the effective date of this Order with
an Ohio Department of Alcohol and Drug Addiction Services (ODADAS) treatment
provider or a treatment provider acceptable to the Board for a period of not
less than five years and, upon signing, send a copy of the contract to the
Board office. The
contract must provide that:
(1) Random, observed urine drug screens shall be conducted at least once
each month.
(a) The
urine sample must be given within twelve hours of notification. The urine drug screen
must include testing for creatinine or specific gravity of the sample as the
dilutional standard.
(b) Results
of all drug screens must be negative. Any positive results, including those
which may have resulted from ingestion of food, but excluding false positives
which resulted from medication legitimately prescribed, indicates a violation
of the contract.
(2) Attendance
is required, a minimum of three times per week at an Alcoholics Anonymous,
Narcotics Anonymous, and/or similar support group meeting.
(3) The
program shall immediately report to the Ohio Board of Pharmacy any violations
of the contract and/or lack of cooperation.
(B) Michael
Scott Gladieux must provide, at the reinstatement
petition hearing, documentation of the following:
(1) Compliance
with the contract required above (e.g.-proof of giving the sample within 12
hours of notification and copies of all drug screen reports, meeting attendance
records, treatment program reports, etc.);
(2) Compliance
with the continuing pharmacy education requirements as set forth in Chapter
4729-7 of the Ohio Administrative Code (if applicable);
(3) Compliance
with the terms of this Order.
(C) If
reinstatement is not accomplished within three years of the effective date of
this Order,
THIS
ORDER WAS APPROVED BY A VOTE OF THE STATE BOARD OF PHARMACY.
MOTION
CARRIED.
SO ORDERED.
The motion was seconded by
5:31 p.m.
|
PER DIEM |
08/14 |
08/30 |
09/05 |
09/06 |
09/07 |
Total |
|
Abele |
1 |
- |
1 |
1 |
1 |
4 |
|
Adelman |
- |
- |
- |
- |
- |
0 |
|
|
- |
- |
1 |
1 |
1 |
3 |
|
Giacalone |
- |
1 |
1 |
1 |
1 |
4 |
|
Littlejohn |
- |
- |
1 |
- |
- |
1 |
|
Kost |
- |
- |
1 |
1 |
1 |
3 |
|
Neuber |
- |
- |
1 |
1 |
- |
2 |
|
Teater |
- |
- |
1 |
1 |
1 |
3 |
|
Turner |
- |
- |
1 |
1 |
1 |
3 |
The motion was seconded by
5:32 p.m.
|
The Ohio State Board
of Pharmacy |