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NOTE: The following Minutes are provided for informational
purposes only. If you would like to obtain an official copy of
these Minutes, please contact the State
Board of Pharmacy at 614/466-4143 for instructions and fee. |
Minutes Of The Meeting
November 6, 7, 8, 2000
MONDAY, NOVEMBER 6, 2000
12:15 p.m. ROLL CALL
The State Board of Pharmacy convened in Room 1948,
Suzanne L. Neuber, R.Ph. (President); Diane C. Adelman, R.Ph. (Vice-President); Suzanne R. Eastman, R.Ph.; Robert P. Giacalone, R.Ph.; Lawrence J. Kost, R.Ph.; Amonte B. Littlejohn, R.Ph.; Dorothy Teater, Public Member; and James E. Turner, R.Ph.
Also present were
12:17 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
12:30 p.m.
RES. 2001-050 The Executive Session ended
and the meeting was opened to the public.
12:32 p.m.
RES. 2001-051
12:34 p.m.
RES. 2001-052
12:35 p.m.
RES. 2001-053
CEASE
& DESIST
PROVINCIAL PHARMACY, INC.
Re: Prescription Drugs
To Whom It May Concern:
The Ohio State Board of
Pharmacy has evidence which indicates that Provincial Pharmacy, Inc., has
dispensed via mail prescription medication to patients who reside in the state
of
Each
person, whether located within or outside this state, who sells dangerous drugs
at retail for delivery or distribution to persons residing in this state, shall
be licensed as a terminal distributor of dangerous drugs pursuant to sections
4729.54 and 4729.55 of the Revised Code.
The
Board of Pharmacy may enter into agreements with other states, federal
agencies, and other entities to exchange information concerning the licensing
and inspection of terminal distributors of dangerous drugs who are located
within or outside this state and to investigate any alleged violations of the
laws and rules governing the legal distribution of drugs by such persons.
YOU ARE HEREBY ADVISED that, pursuant to Section 4729.51(C) of the Ohio Revised Code, selling prescription drugs at retail in this state without being properly licensed to do so is a felony of the third degree, and a corporation could be fined up to $15,000.00 per sale. If identified, an individual making such sale, either personally or on behalf of the corporation, could be fined up to $10,000.00 and/or imprisoned for a period up to five years.
If your company intends to make additional sales into this state, please contact this Board for appropriate licensing information. Otherwise, you are hereby advised to CEASE making sales into this state, and DESIST from any further violations of the Ohio Revised Code.
BY ORDER OF THE STATE BOARD OF PHARMACY
The motion was seconded by
12:40 p.m.
RES. 2001-054
CEASE & DESIST
LETTER’S
To Whom It May Concern:
The Ohio State Board of
Pharmacy has evidence which indicates that Letter’s Park Avenue Pharmacy has
dispensed, via mail, prescription medication to Summa Health System, d.b.a.
Additionally, Section 4729.551 of the Ohio Revised Code states as follows:
Each
person, whether located within or outside this state, who sells dangerous drugs
at retail for delivery or distribution to persons residing in this state, shall
be licensed as a terminal distributor of dangerous drugs pursuant to sections
4729.54 and 4729.55 of the Revised Code.
The Board of Pharmacy may enter into
agreements with other states, federal agencies, and other entities to exchange
information concerning the licensing and inspection of terminal distributors of
dangerous drugs who are located within or outside this state and to investigate
any alleged violations of the laws and rules governing the legal distribution
of drugs by such persons.
YOU ARE HEREBY ADVISED that, pursuant to Section 4729.51(C) of the Ohio Revised Code, selling prescription drugs at retail in this state without being properly licensed to do so is a felony of the third degree, and a corporation could be fined up to $15,000.00 per sale. If identified, an individual making such sale, either personally or on behalf of the corporation, could be fined up to $10,000.00 and/or imprisoned for a period up to five years.
Letter’s Park Avenue
Pharmacy should also be aware that a drug may only be compounded by a pharmacist
when done so patient-specific pursuant to a prescription issued by a licensed
prescriber. The
attached documentation indicates that a document purporting to be a
prescription, number 736614, lists “Hospital,
If your company intends to make additional sales into this state, please contact this Board for appropriate licensing information. Otherwise, you are hereby advised to CEASE making sales into this state, and DESIST from any further violations of the Ohio Revised Code.
BY ORDER OF THE STATE BOARD OF PHARMACY
The motion was seconded by
12:45 p.m.
RES. 2001-055
CEASE AND DESIST
LEE PHARMACY, INC.
To Whom It May Concern:
State Board of Pharmacy
records indicate that Lee Pharmacy, Inc., has advertised to distribute
dangerous drugs and/or controlled substances at wholesale into the state of
Section 4729.51(A) of the
Ohio Revised Code states, in pertinent part: “No person other than a registered
wholesale distributor of dangerous drugs shall . . . sell, distribute, or
deliver, at wholesale, dangerous drugs . . .”
Violation of this provision is a misdemeanor of the first degree, and
is punishable by a fine of $1,000.00 and incarceration up to six months for an
individual, and is punishable by a fine of $5,000.00 for an organization. Additionally,
Section 2925.03 of the Ohio Revised Code prohibits the sale of controlled
substances unless the seller is acting in accordance with Chapters 3719. and 4729. of the Ohio Revised Code, each of which requires
licensure. A
violation of this section is a felony depending upon the amount of the
substance, and is punishable by a mandatory fine of up to $15,000.00 and
incarceration up to the lifetime of the offender for an individual, and is
punishable by a fine of $25,000.00 for an organization. Lee Pharmacy, Inc. is not so licensed
and therefore cannot legally distribute dangerous drugs into
YOU ARE HEREBY ADVISED that,
pursuant to Section 4729.25(B) of the Ohio Revised Code, the State Board of
Pharmacy may issue notice or warning to an alleged offender of any of the
provisions of Chapter 4729. of the Ohio Revised Code; thus, you are hereby
notified to immediately CEASE soliciting customers and/or actual distribution,
sale, or delivery of dangerous drugs into the state of Ohio unless you are
properly licensed to do so, and DESIST from any further violations of Chapter
4729. of the
BY ORDER OF THE STATE BOARD OF PHARMACY
The motion was seconded by
12:48 p.m.
RES. 2001-056
CEASE
AND DESIST
FLORIDA INFUSION SERVICES, INC.
To Whom It May Concern:
State Board of Pharmacy
records indicate that Florida Infusion Services, Inc. intends to distribute
dangerous drugs and/or controlled substances at wholesale into the state of
Section 4729.51(A) of the
Ohio Revised Code states, in pertinent part: “No person other than a registered
wholesale distributor of dangerous drugs shall . . . sell, distribute, or
deliver, at wholesale, dangerous drugs . . .”
Violation of this provision is a misdemeanor of the first degree, and
is punishable by a fine of $1,000.00 and incarceration up to six months for an
individual, and is punishable by a fine of $5,000.00 for an organization. Additionally,
Section 2925.03 of the Ohio Revised Code prohibits the sale of controlled
substances unless the seller is acting in accordance with Chapters 3719. and 4729. of the Ohio Revised Code, each of which requires
licensure. A
violation of this section is a felony depending upon the amount of the
substance, and is punishable by a mandatory fine of up to $15,000.00 and
incarceration up to the lifetime of the offender for an individual, and is
punishable by a fine of $25,000.00 for an organization. Florida Infusion Services, Inc., is
not so licensed and therefore cannot legally distribute dangerous drugs into
YOU ARE HEREBY ADVISED that,
pursuant to Section 4729.25(B) of the Ohio Revised Code, the State Board of
Pharmacy may issue notice or warning to an alleged offender of any of the
provisions of Chapter 4729. of the Ohio Revised Code;
thus, you are hereby notified to immediately CEASE distribution, sale, or
delivery of dangerous drugs into the state of
BY ORDER OF THE STATE BOARD OF PHARMACY
The motion was seconded by
12:52 p.m.
RES. 2001-057 Mr. Littlejohn then moved
that, pursuant to Section 3719.121 of the Revised Code, the Board summarily
suspend the license to practice pharmacy belonging to Eric Wayne Hamon, R.Ph. (03-2-23513) due to the fact that a
continuation of his professional practice presents a danger of immediate and
serious harm to others.
The motion was seconded by
12:55 p.m.
The Board took a brief recess prior to the Public Rules Hearing.
1:10 p.m.
The Board reconvened in Room 1919,
4729-5-30 Manner of issuance of prescription.
4729-5-31 Criteria for licensure by examination.
4729-5-35 Automated drug delivery systems.
4729-9-01 Definitions.
4729-9-07 Procedure for discontinuing business
as a wholesale or a terminal distributor
of dangerous drugs.
4729-9-11 Security and control of dangerous drugs.
1:15 p.m.
The Public Rules Hearing closed and the Board took a brief recess prior to continuing the Board meeting.
1:42 p.m.
The Board reconvened in Room 1948,
1:55 p.m.
RES. 2001-058
POLICY
REGARDING BOARD EMPLOYEES
GIVING TESTIMONY IN CIVIL MATTERS
Employees of the State Board of Pharmacy are prohibited from giving testimony in civil matters when such testimony relates to functions or duties attendant to their Board positions, or relate to abilities or qualifications attained as a result of employment with the Board, unless the following criteria are met:
(1) A subpoena is received;
(2) The employee's supervisor is notified in advance of testifying;
(3) The Legal Affairs Administrator is notified of receipt of the subpoena, and the date, time, and location of the court appearance;
(4) The Legal Affairs Administrator is present when testimony is given at any proceeding other than in an in-court appearance (e.g., deposition, interrogatories, etc.). Depositions, interrogatories, etc. must be reviewed by the Legal Affairs Administrator after transcription but prior to final submission as is provided by law;
(5) Witness fee of $400.00 ($750.00 for employees having degrees in pharmacy or law) per half day plus expenses are tendered in advance of giving testimony; check must be made payable to the State Board of Pharmacy (deposited by the Board into the fund designated by Section 4729.65(A) of the Revised Code). This fee is not to be charged when a governmental agency is the party requesting testimony;
(6) Content of expected testimony must be reviewed with the employee's supervisor prior to the giving of such testimony, and in the case of giving of testimony by an employee pharmacist, the expected testimony must be reviewed with the Executive Director.
As used in this policy, "civil matters" include, but are not limited to, court appearances, trials, pre-trials, pre-trial hearings, depositions, and interrogatories.
The motion was seconded by
2:00 p.m.
2:05 p.m.
RES. 2001-059 The Board then discussed the
NABP/AACP District IV meeting to be held November 10-12, 2000 in
MANDATORY PILL
SPLITTING
Whereas, several insurance companies and pharmacy benefit managers are mandating that physicians prescribe and pharmacists dispense higher strengths of certain medications, thereby forcing the patients to split the tablets for a proper dosage, and
Whereas, this practice is dangerous and not in the patient's best interest due to confusion and the difficulty of splitting certain tablets, and
Whereas, many state medical organizations have opposed this practice and requested the AMA to take a position to formally oppose this practice, and
Whereas, this entire practice, even though dangerous to the patient, is monetarily driven, therefore
BE IT RESOLVED, that NABP formally oppose this mandate and work with other national associations to stop this dangerous practice.
The motion was seconded by
2:15 p.m.
The Board took a brief recess.
2:38 p.m.
The Board was joined by
6:21 p.m.
The hearing ended and the record was closed.
6:24 p.m.
The Board meeting recessed until Tuesday, November 7, 2000.
tuesday, November 7, 2000
8:45 a.m. ROLL CALL
The State Board of Pharmacy convened in Room 1948,
Suzanne L. Neuber, R.Ph. (President); Diane C. Adelman, R.Ph. (Vice-President); Suzanne R. Eastman, R.Ph.; Robert P. Giacalone, R.Ph.; Lawrence J. Kost, R.Ph.; Amonte B. Littlejohn, R.Ph.; and James E. Turner, R.Ph.
8:50 a.m.
RES. 2001-060
RES. 2001-061
9:00 a.m.
The Board was joined by
9:15 a.m.
RES. 2001-062 Mr. Benedict presented a
request from Medicine Shoppe (Piqua) and Wilson Memorial Hospital (Sidney) for
an exemption from the requirements of the Board’s Rule 4729-5-10 (Pick-up
station). After
discussion,
9:18 a.m.
RES. 2001-063 The Board next considered a
request from
REVISED ORDER
OF THE STATE BOARD OF PHARMACY
(Docket No. D-990225-033)
In The Matter Of:
(R.Ph. No. 03-3-12943)
INTRODUCTION
THE MATTER OF JAMES F. LIEBETRAU CAME TO HEARING ON AUGUST 2, 1999, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ROBERT B. CAVENDISH, R.Ph. (presiding); ANN D. ABELE, R.Ph.; DIANE C. ADELMAN, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; LAWRENCE J. KOST, R.Ph.; AMONTE B. LITTLEJOHN, R.Ph.; SUZANNE L. NEUBER, R.Ph.; AND NICHOLAS R. REPKE, PUBLIC MEMBER.
SUMMARY OF EVIDENCE
(A) Testimony
State's Witnesses:
(1) None
Respondent's Witnesses:
(1)
(2)
(3)
(4)
(B) Exhibits
State's Exhibits:
(1) Exhibit 1--Copy of six-page Order of the State Board of Pharmacy, Docket No. D-980714-003, dated February 11, 1999.
(2) Exhibit 1A--Copy of the six-page Order of the State Board of Pharmacy, Docket No. D-931216-031, dated June 30, 1994.
(3) Exhibit 1B--Copy of Hearing Schedule letter dated February 25, 1999.
(4) Exhibit 1C--Hearing Request letter dated February 22, 1999.
(5) Exhibit 1D--Copy of Pharmacist File Front Sheet of James Frederick Liebetrau showing original date of registration as August 8, 1979.
Respondent's Exhibits:
(1) Exhibit A--Copies
of six urine drug screen reports of
(2) Exhibit B--Copy of letter from
(3) Exhibit C--Copy of Record of AA Meeting Attendance sheet dated from December 22, 1998, through December 27, 1998; and copies of six pages of Record of Meeting Attendance sheets dated from December 30, 1998, through July 11, 1999.
(4) Exhibit D--Copies of the following: Pharmacists Rehabilitation Organization, Inc. Client Reporting Sheet dated April 12, 1999; PRO Inc. Client Monitoring Sheet dated from December 28, 1998, through March 29, 1999; Pharmacists Rehabilitation Organization, Inc. Client Reporting Sheet dated July 11, 1999; and PRO Inc. Client Monitoring Sheet dated from April 5, 1999, through July 5, 1999.
(5) Exhibit E--Twenty-nine pages of copies of certificates of continuing education of James Liebetrau numbered and dated as follows: 342-000-98-026-H01 dated February 19, 1999; 424-000-98-012-H01 dated February 24, 1999; 424-000-99-003-H01 dated February 24, 1999; 424-000-99-001-H04 dated February 25, 1999; 424-000-98-015-H02 dated March 1, 1999; 342-000-96-010-H03 dated March 8, 1999; 084-000-098-007-L04 dated March 8, 1999; 084-000-098-012-L04 dated March 10, 1999; 342-000-98-033-H01 dated March 11, 1999; 084-000-098-009-L01 dated March 17, 1999; 084-000-098-008-L04 dated March 19, 1999; 084-000-098-006-L01 dated March 22, 1999; 084-000-098-002-L01 dated March 24, 1999; 084-000-098-010-L04 dated March 25, 1999; 084-000-098-001-L01 dated March 26, 1999; 356-000-98-002-H-01 dated April 1, 1999; 022-000-98-185-H04 dated April 29, 1999; 356-000-97-012-H-01 dated April 1, 1999; 356-000-98-018-H-01 dated April 1, 1999; 356-000-98-006-H-01 dated April 1, 1999; 356-000-98-021-H-01 dated April 1, 1999; 356-000-97-021-H-01 dated April 1, 1999; 356-000-98-008-H-01 dated April 1, 1999; 342-429-96-095-H04 dated April 8, 1999; 022-000-98-180-H04 dated April 29, 1999; 022-000-98-202-H04 dated April 29, 1999; 036-300-99-01-H03 dated May 15, 1999; 036-106-99-004-L01 and 036-106-99-005-L03-J dated May 16, 1999; 342-000-99-002-H04 dated May 25, 1999; 342-000-99-001-H04 dated May 27, 1999; 202-000-99-074-H04 dated June 10, 1999; 057-999-96-088-H01 dated June 11, 1999; 022-000-98-201-H04 dated June 2, 1999; 781-000-98-012-H01 dated June 14, 1999; and 430-000-98-012-H01 dated June 15, 1999.
(6) Exhibit F--Copy of Position Description for File Clerk dated January 10, 1994, and three-page detailed description of the duties for File Clerk, GS-305-3, PD# 07175.
(7) Exhibit G--Copy of three-page Pharmacist's Recovery Contract of James F. Liebetrau dated May 1, 1998.
(8) Exhibit H--Copy of
(9) Exhibit I--Copy of two Record of Meeting
Attendance sheets dated from June 13, 1999, through August 1, 1999, of
(10) Exhibit J--Copy of urine drug screen report
of
(11) Exhibit K--Copy of letter from
(12) Exhibit L--Copy of letter from
FINDING OF FACT
After having heard the testimony, observed the demeanor of the witnesses, considered the evidence, and weighed the credibility of each, the State Board of Pharmacy finds the following to be fact:
(1)
ACTION OF THE BOARD
The State Board of Pharmacy hereby approves the
reinstatement of the pharmacist identification card of
(A)
(1) Random, observed urine drug screens shall be conducted at least every three months.
(a) The urine sample must be given within twelve hours of notification. The urine screen must include testing for creatinine or specific gravity of the sample as the dilutional standard.
(b) Alcohol must be added to the standard
urine drug screen. Testing
for alcohol must be conducted within forty-eight hours from the time the sample
is given. A breathalyzer may
be used to test for alcohol, but the test must be conducted by an appropriately
certified individual within twelve hours of notification.
(c) Results of all urine screens must be negative. Any positive results, including those which may have resulted from ingestion of food, but excluding false positives which resulted from medication legitimately prescribed, indicates a violation of the contract and probation.
(2) The intervener/sponsor shall provide copies of all urine screen reports to the Ohio Board of Pharmacy in a timely fashion.
(3) Regular attendance, a minimum of three times per week, at an Alcoholics Anonymous, Narcotics Anonymous, and/or similar support group meeting is required.
(4) The program shall immediately report to the Ohio Board of Pharmacy any violations of the contract and/or lack of cooperation.
(B)
(1) the written report and documentation provided by the treatment program pursuant to the contract, and
(2) a written description of his progress towards recovery and what he has been doing during the previous three months.
(C) Other terms of probation are as follows:
(1) The State Board of Pharmacy hereby declares that James F. Liebetrau’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)
(3)
(4)
(5)
(6)
(7)
THIS ORDER WAS APPROVED BY A VOTE OF THE STATE BOARD OF PHARMACY.
MOTION CARRIED.
SO ORDERED.
The motion was seconded by
9:30 a.m.
RES. 2001-064 Mr. Benedict then presented a
request from Richard Adams, R.Ph. asking for a waiver from the requirements of
Rule 4729-5-11(A) to allow him to serve as responsible pharmacist at more than
one location. After
discussion,
Health Connection Pharmacy (02-0560300)
The motion was seconded by
9:36 a.m.
RES. 2001-065
Riverside Mercy Home Pharmacy Services (02-1027600)
The motion was seconded by
9:45 a.m.
RES. 2001-066 The Board then discussed a
request from
9:55 a.m.
RES. 2001-067
10:00 a.m.
RES. 2001-068 The Board discussed the formation of a special rules committee to consider rules needed to implement the requirements of S.B. 172. The following individuals were appointed by the Board:
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In addition,
10:17 a.m.
Mrs. Adelman moved that the Board go
into Executive Session for the purpose of the investigation of complaints
regarding licensees and registrants pursuant to Section 121.22(G)(1) of the
Revised Code. The
motion was seconded by
10:20 a.m.
RES. 2001-069 The Executive Session ended
and the meeting was opened to the public.
10:30 a.m.
10:39 a.m.
The Board was joined by
12:07 p.m.
The hearing recessed for lunch.
1:00 p.m.
The Board convened in Room 1919,
Suzanne L. Neuber, R.Ph. (President); Diane C. Adelman, R.Ph. (Vice-President); Suzanne R. Eastman, R.Ph.; Robert P. Giacalone, R.Ph.; Lawrence J. Kost, R.Ph.; Amonte B. Littlejohn, R.Ph.; Dorothy Teater, Public Member; and James E. Turner, R.Ph.
RES. 2001-070 Following presentations by
Board members and self-introductions by the candidates for licensure by
reciprocity,
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03-1-24440 |
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03-1-24450 |
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JIA-FANG LI |
03-1-24435 |
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03-1-24446 |
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03-1-24447 |
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03-1-24431 |
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1:36 p.m.
The Board reconvened in Room 1948 to continue the hearing in
the matter of
1:51 p.m.
The hearing
ended and the record was closed. Mr. Giacalone 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
2:16 p.m.
RES. 2001-071 The Executive Session ended
and the meeting was opened to the public.
ORDER OF THE STATE BOARD OF
PHARMACY
(Docket No. D-000809-004)
In The Matter Of:
8550
Bayberry N.E.
(R.Ph. No. 03-1-17346)
INTRODUCTION
THE MATTER OF JOSEPH NEIL GIOIELLO
CAME FOR HEARING ON NOVEMBER 7, 2000, BEFORE THE FOLLOWING MEMBERS OF THE
BOARD: SUZANNE L. NEUBER, R.Ph. (presiding); DIANE C.
ADELMAN, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P.
GIACALONE, R.Ph.; LAWRENCE J. KOST, R.Ph.; AMONTE B.
LITTLEJOHN, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; JAMES E. TURNER, R.Ph.
SUMMARY OF EVIDENCE
(A) Testimony
State's Witnesses:
(1)
Respondent's Witnesses:
(1)
(2)
(B) Exhibits
State's Exhibits:
(1) Exhibit 1--Copy of four-page Summary Suspension Order/Notice of
(2) Exhibit 1A--Hearing Request letter dated August 11, 2000.
(3) Exhibit 1B--Copy of Hearing Schedule letter dated August 21,
2000.
(4) Exhibit 1C--Notification of Counsel of
Record letter dated October 12, 2000.
(5) Exhibit 1D--Copy of three-page Amendment Notice letter dated
October 17, 2000.
(6) Exhibit 1E--Copy of Pharmacist File Front Sheet of Joseph Neil Gioiello showing original date of registration as July 29,
1988; and two-page copy of Renewal Application for Pharmacist License, No.
03-1-17346, for a license to practice pharmacy in
(7) Exhibit 2--Copy of four-page Statement of Joseph Neil Gioiello signed and notarized on July 5, 2000.
(8) Exhibit 3--Five-page Dangerous Drug Distributor Inspection
Report of Troutman Drug Co. signed and dated on July 6, 2000.
(9) Exhibit 4--Copy of 12 Accountability Statement sheets for Audit
Review of Troutman Drug covering April 29, 1999 through July 5, 2000, for the
following drugs: Xanax 0.5mg, Alprazolam 0.5mg, Valium 5mg, Diazepam 5mg, Valium 10mg, Diazepam 10mg, Vicodin 5/500, Lortab 5/500, Hydrocet
5/500, Hydrocodone bitartrate/APAP 5/500, Vicodin ES 7.5/750, Hydrocodone
bitartrate 7.5/750.
(10) Exhibit 5--Copy of two Accountability Statement sheets for Audit
Review of Troutman Drug covering April 29, 1999 through July 5, 2000, for the
following drugs: Methylphenidate 10mg and Ritalin 10mg.
(11) Exhibit 6--Copy of 17 Accountability Statement sheets for Audit
Review of Troutman Drug covering April 29, 1999 through July 10, 2000, for the
following drugs: Percocet 10/650, Percocet 5/325, Roxicet 5/325, Tylox, Roxilox, Dexedrine 5mg,
Dexedrine Span. 5mg, Ritalin 5mg,
Methylphenidate 5mg, Ritalin 20mg,
Methylphenidate 20mg, Ritalin ER 20mg,
Methylphenidate ER 20mg, Oxycontin
10mg, Oxycontin 20mg, Oxycontin 40mg, Oxycontin 80mg.
(12) Exhibit 7--Three-page Statement of Joseph Neil Gioiello signed and notarized on October 3, 2000.
(13) Exhibit 8--Copy of Report of Theft or Loss of Controlled
Substances of Troutman Drug, DEA Registration Number AT 5783318, dated October
5, 2000.
(14) Exhibit 9--Copy of pages 1 and 3 of the May 2000 State Board
Newsletter.
Respondent's Exhibits:
(1) Exhibit A--Copy of pages 1 and 3 of the May 2000 State Board
Newsletter.
(2) Exhibit B--Copy of the following treatment records for
(3) Exhibit C--Two-page copy of Pharmacists Rehabilitation
Organization Pharmacist's Recovery Contract of Joe Gioiello
signed and dated October 29, 2000.
(4) Exhibit D--Copy of two support group attendance verification
sheets dated from July 9, 2000, through November 5, 2000.
(5) Exhibit E--Copies of six two-page urine drug screen reports
dated July 27, 2000, August 10, 2000, August 26, 2000, September 15, 2000,
September 26, 2000, and October 26, 2000.
(6) Exhibit F--Copies of 13 pages of letters from the following:
Sonia Gioiello dated November 2, 2000; Betty Gioiello dated November 1, 2000; Neil Gioiello
dated October 31, 2000; Todd Jaros, not dated; A
Recovering Addict/Sponsor dated November 1, 2000; Joseph Glover and Edward Amicucci dated September 18, 2000; John J. Mallozzi dated October 30, 2000; Elizabeth W. Wallace dated
October 27, 2000; Jeffrey A. Wallace dated October 27, 2000; and Edward L. Ting
dated November 3, 2000.
(7) Exhibit G--Copy of Resume of Joseph N. Gioiello,
not dated, and 26 pages of copies of continuing education participation
verification sheets dated from February 26, 1999, through October 28, 2000.
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
Neil Gioiello is addicted to liquor or drugs or
impaired physically or mentally to such a degree as to render him unfit to
practice pharmacy, to wit: Joseph Neil Gioiello
voluntarily notified the Board that he is addicted to the use of controlled
substances; that he has stolen controlled substances for personal abuse; and,
that he abused controlled substances while practicing pharmacy for relief of
“daily tension and anxiety” related to his work schedule. Such conduct indicates that
(3)
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Drug |
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Quantity |
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Xanax
.5mg |
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146 |
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Alprazolam
.5mg |
|
1502 |
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Valium
5mg |
|
608 |
|
Diazepam
5mg |
|
555 |
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Valium
10mg |
|
2473 |
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Diazepam
10mg |
|
1795 |
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Vicodin
5/500 |
|
271 |
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Lortab
5/500 |
|
9 |
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Hydrocet 5/500 |
|
32 |
|
Vicodin
ES 7.5/750 |
|
1714 |
|
Hydrocodone
Bitartrate 7.5/750 |
|
1463 |
|
Methylphenidate
10mg |
|
1426 |
|
Ritalin
10mg |
|
44 |
|
Roxicet
5/325 |
|
558 |
|
Roxilox |
|
11 |
|
Methylphenidate
5mg |
|
25 |
|
Ritalin
20mg |
|
7 |
|
Methylphenidate
ER 20mg |
|
59 |
|
Oxycontin 10mg |
|
4 |
|
Oxycontin 20mg |
|
90 |
|
Oxycontin 40mg |
|
94 |
|
Oxycontin 80mg |
|
44 |
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) 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.
(2) Upon consideration of the record as a whole, the State Board of
Pharmacy concludes that paragraph (2) of the Findings of Fact constitutes
being addicted to or abusing liquor or drugs or impaired physically or mentally
to such a degree as to render him unfit to practice pharmacy as provided in
Division (A)(3) of Section 4729.16 of the Ohio Revised
Code.
(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 guilty of willfully violating, conspiring to violate,
attempting to violate, or aiding and abetting the violation of provisions of
Chapter 3719. or 4729. of the
Revised Code as provided in Division (A)(5) of Section 4729.16 of the
ACTION
OF THE BOARD
Pursuant to Section 4729.16 of the Ohio Revised
Code, and on the basis of the Findings
of Fact and Conclusions of Law set forth above, the State Board of Pharmacy
hereby suspends indefinitely the pharmacist identification card, No.
03-1-17346, held by
(A)
(B)
Further, on or after July 5, 2001, the Board will
consider any petition filed by
(A) Joseph Neil Gioiello must enter into a
contract, signed within sixty 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, mail 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) Alprazolam, diazepam, hydrocodone bitartrate, and alcohol must
be added to the standard urine drug screen. A Breathalyzer may be used to test for
alcohol, but the test must be conducted by an appropriately certified
individual within twelve hours of notification.
(c) Results of all drug and alcohol screens must be negative. Any positive
results, including those which may have resulted from ingestion of food, but
excluding false positives which resulted from medication legitimately
prescribed, indicates a violation of the contract.
(2) 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 Board any violations of the contract
and/or lack of cooperation.
(B) Joseph Neil Gioiello
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 twelve
hours of notification and copies of all drug and alcohol screen reports,
meeting attendance records, treatment program reports, etc.);
(2) Compliance
with the continuing pharmacy education requirements set forth in Chapter 4729-7
of the Ohio Administrative Code as applicable and in effect on the date of
petitioning the Board for reinstatement;
(3) Compliance
with the terms of this Order.
(C) If reinstatement is not accomplished within three years from
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
2:26 p.m.
The Board was joined by
5:30 p.m.
The hearing ended and the record was closed.
5:33 p.m.
Mrs. Adelman moved that the Board go
into Executive Session for the purpose of the investigation of complaints
regarding licensees and registrants pursuant to Section 121.22(G)(1) of the
Revised Code. The
motion was seconded by
6:03 p.m.
RES.
2001-072 The Executive
Session ended and the meeting was opened to the public.
ORDER OF THE STATE BOARD OF PHARMACY
(Docket
No. D-000530-060)
In
The Matter Of:
(R.Ph. No. 03-1-12103)
INTRODUCTION
THE MATTER OF RICK J. BACHMAN CAME FOR HEARING ON
NOVEMBER 7, 2000, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: SUZANNE L. NEUBER, R.Ph. (presiding); DIANE C. ADELMAN,
R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; LAWRENCE J. KOST,
R.Ph.; AMONTE B. LITTLEJOHN, R.Ph.; 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) Jeff Stamps, R.Ph.; former President
of Beeber Pharmacies
(B) Exhibits
State's Exhibits:
(1) Exhibit 1--Copy of three-page Notice of Opportunity for Hearing
letter dated May 30, 2000.
(2) Exhibit 1A--Hearing Request letter dated June 6, 2000.
(3) Exhibit 1B--Hearing Schedule letter dated June 15, 2000.
(4) Exhibit 1C--Notice of Appearance letter dated September 7,
2000.
(5) Exhibit 1D--Copy of two-page Addendum Notice letter dated
October 19, 2000.
(6) Exhibit 1E--Copy of Pharmacist Front Sheet of Rick John Bachman
showing original date of registration as August 10, 1977, and two-page copy of
Renewal Application For Pharmacist License Number
03-1-12103 for a license to practice pharmacy in
(7) Exhibit 2--Copy of Statement of Louisa Sparks signed and
notarized on October 21, 1999.
(8) Exhibit 3--Copy of two-page Statement of LaJean
A. Williams signed and notarized on October 21, 1999.
(9) Exhibit 4--Two-page copy of Discontinued Controlled Substances
Accounting Record at the
(10) Exhibit 5--Copy of five-page letter to
(11) Exhibit 6--Copy of Statement of Ange
Rodriguez signed and notarized on October 21, 1999.
(12) Exhibit 7--Copy of Statement of Rick Bachman signed and notarized
on March 30, 2000 with attached typewritten account of events.
Respondent's Exhibits:
(1) Exhibit A--Copy of drug screen report
of
(2) Exhibit B--Copy of Employment Screening Associates Drug Test
Report of Rick Bachman dated October 3, 2000.
(3) Exhibit C--Copy of two-page Destruction of Controlled
Substances record at the
(4) Exhibit D--Copy of Destruction of Controlled Substances record
at the
(5) Exhibit E--Copy of two-page Destruction of Controlled
Substances record at the
(6) Exhibit F--Copy of three-page Destruction of Controlled
Substances record at the
(7) Exhibit G--Copy of seven-page Beeber
Pharmacies, Inc. Consultant Pharmacist Monthly Survey of Pharmaceutical
Services at Gade Nursing Home II by Rick Bachman
dated June 10, 1999 with attached copies of the following: Facility Worksheet
for Gade Nursing Home II dated June 10, 1999; three
Consultant Pharmacist Reports of Drug Regimen Review by Rick Bachman for
patients Thelma Defoe, Mildred Overhouser, and
Margaret Tetrick, dated June 10, 1999; two-page
Emergency Drug Box List for Gade II facility dated
May 20, 1999; three-page Beeber Pharmacies, Inc.
Policy No. 97-021.1 titled "Adverse Drug Reaction (ADR)
Reporting Program" effective June 1, 1997 and revised June 25, 1998; blank
Adverse Drug Reaction (ADR) Detection Form; and blank
two-page Adverse Drug Reaction (ADR) Classification
and Probability Form.
(9) Exhibit
I--Copy of seven-page Beeber Pharmacies, Inc.
Consultant Pharmacist Monthly Survey of Pharmaceutical Services at Gade Nursing Home II by Rick Bachman dated September 9,
1999 with attached copies of the following: Facility Worksheet for Gade Nursing Home II dated September 9, 1999; seven Pharmacist's
Consultation reports by Rick J. Bachman for patients Thelma Defoe, Betty
Grimes, Jeanette Hensley Andrewa, Garold
Oswald, Mildred Overholser, Elsie Reier,
and Doris Swaney, dated September 9, 1999; Fax
Information Sheet for Controlled Substances, Analgesics, and Oral Antibiotics
signed by Tech Kathy and dated September 9, 1999; Fax Information Sheet for
Diuretics, Injectable Supplies, Psychotropics/Anxiety,
and Respiratory signed by Tech Kathy and dated September 9, 1999; Fax
Information Sheet for Injectable Antibiotics,
Anticonvulsants, Antidiarrheals, Antimetics,
Antihypertensive/Cardiac, and Diabetic Supplies signed by Tech Kathy and dated
September 9, 1999.
(10) Exhibit J--Copy of seven-page Beeber
Pharmacies, Inc. Consultant Pharmacist Monthly Survey of Pharmaceutical
Services at Gade Nursing Home II by Rick Bachman
dated October 11, 1999 with attached copies of the following: Facility
Worksheet for Gade Nursing Home II dated October 11,
1999; six Pharmacist's Consultation reports by Rick J. Bachman for patients
Thelma Defoe, Betty Grimes, Garold Oswald, Mildred Overholser, Elsie Reier, and
Doris Swaney, dated October 11, 1999; Fax Information
Sheet for Controlled Substances, Analgesics, and Oral Antibiotics signed by
Tech Jay and dated October 11, 1999; Fax Information Sheet for Injectable Antibiotics, Anticonvulsants, Antidiarrheals, Antimetics,
Antihypertensive/Cardiac, and Diabetic Supplies signed by Tech Jay and dated
October 11, 1999; Fax Information Sheet for Diuretics, Injectable
Supplies, Psychotropics/Anxiety, and Respiratory
signed by Tech Jay and dated October 11, 1999; two IV Supplies forms for
Residents Mary Puterbaugh and Getud
Oscoald dated October 11, 1999; Controlled Drug
Record for Cleo Ressler showing disposition of remaining
doses signed by Rick Bachman and dated October 11, 1999; Controlled Drug Record
for Cletus Laux showing disposition of remaining
doses signed by Rick Bachman and dated October 11, 1999.
(11) Exhibit K--Letter from
(12) Exhibit L--Copy of seven-page Beeber
Pharmacies, Inc. Consultant Pharmacist Monthly Survey of Pharmaceutical
Services at Shane Hill by Rick Bachman dated March 17, 2000 with attached
copies of the following: Facility Worksheet for Shane Hill dated March 17,
2000; seven Pharmacist's Consultation reports by Rick J. Bachman for patients
Lucille Bollinger, Edna Cummings, Ralph Deitsch, Edna
Ebbing, Essie Keopple, Dulce
Oeschle, and Stanley "Sam" Watts, dated
March 18, 2000; Fax Information Sheet for Controlled Substances, Analgesics,
and Oral Antibiotics signed by Tech Kathy and dated March 17, 2000; Fax Information
Sheet for Injectable Antibiotics, Anticonvulsants, Antidiarrheals, Antimetics,
Antihypertensive/Cardiac, and Diabetic Supplies signed by Tech KM and dated
March 17, 2000; Fax Information Sheet for Diuretics, Injectable
Supplies, Psychotropics/Anxiety, and Respiratory
signed by Tech KM and dated March 17, 2000; two-page Destruction of Controlled
Substances record at the Shane Hill health care facility, dated March 17, 2000.
(13) Exhibit M--Copy of hand-drawn layout of Gade
Nursing Home's Nursing Station, not dated.
FINDINGS
OF FACT
After having heard the testimony, observed the
demeanor of the witnesses, considered the evidence, and weighed the credibility
of each, the State Board of Pharmacy finds the following to be fact:
(1) Records of the State Board of Pharmacy indicate that
(2)
CONCLUSION
OF LAW
(1) Upon consideration of the
record as a whole, the State Board of Pharmacy concludes that paragraph (2) of
the Findings of Fact constitutes being guilty of willfully violating,
conspiring to violate, attempting to violate, or aiding and abetting the
violation of provisions of Chapter 3719. or 4729. of the
Revised Code as provided in Division (A)(5) of Section 4729.16 of the
ACTION
OF THE BOARD
Based on the foregoing
Findings of Fact and Conclusion of Law, the State Board of Pharmacy hereby
admonishes
THIS
ORDER WAS APPROVED BY A VOTE OF THE STATE BOARD OF PHARMACY.
MOTION
CARRIED.
SO ORDERED.
The motion was seconded by
6:07 p.m.
RES.
2001-073
ORDER OF THE STATE BOARD OF PHARMACY
(Docket
No. D-990908-016)
In
The Matter Of:
(R.Ph. No. 03-2-15675)
INTRODUCTION
THE MATTER OF DANIEL PAUL POIGNON
CAME FOR HEARING ON NOVEMBER 6, 2000, BEFORE THE FOLLOWING MEMBERS OF THE
BOARD: SUZANNE L. NEUBER, R.Ph. (presiding); DIANE C.
ADELMAN, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P.
GIACALONE, R.Ph.; LAWRENCE J. KOST, R.Ph.; AMONTE B.
LITTLEJOHN, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.
SUMMARY OF EVIDENCE
(A) Testimony
State's Witnesses:
(1)
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 October 20, 1999.
(3) Exhibit 1B--Copy of Hearing Schedule letter dated October 22,
1999.
(4) Exhibit 1C--Copy of Amendment/Addendum Notice letter dated October
29, 1999.
(5) Exhibit 1D--Continuance Request letter dated October 26, 1999.
(6) Exhibit 1E--Copy of Hearing Schedule letter dated November 2,
1999.
(7) Exhibit 1F--Continuance Request letter dated May 18, 2000.
(8) Exhibit 1G--Copy of Hearing Schedule letter dated May 19, 2000.
(9) Exhibit 1H--Letter from
(10) Exhibit 1I--Copy of Hearing Schedule letter dated October 30,
2000.
(11) Exhibit 1J--Copy of Pharmacist File Front Sheet of Daniel Paul Poignon showing original date of registration as August 8,
1984; and two-page copy of Renewal Application for Pharmacist License, No.
03-2-15675, for a license to practice pharmacy in
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
(29)
(30)
(31)
(32)
Respondent's Exhibits:
(1) Exhibit A--Copy of four-page letter to The Toledo Bar
Association from Daniel P. Poignon dated August 30,
2000; two-page letter to Daniel Poignon from Steven
L. Crossmock dated August 14, 2000; copy of Hearing
Continuance Request from Steven L. Crossmock dated
May 18, 2000; copy of Hearing Schedule letter from
(2) Exhibit B1--Copy of pages 20 through 29 of the Record of the
Proceedings -- September 5, 6, 7, 2000, in the matter of
(3) Exhibit B2--Copy of pages 30 through 35 of the Record of the
Proceedings -- April 3, 4, 5, 2000, in the matter of
(4) Exhibit C--Copy of four-page Summary Suspension Order/Notice of
(5)
(6)
(7)
(8)
(9) Exhibit H--Copy of letter to
(10) Exhibits I1 through I13--Letters of
Reference/Recommendation/Character from the following: Gerald and Betty Poignon dated October 31, 2000; Sandra Patterson
dated October 24, 2000; Terry McElfresh dated October
30, 2000; Zachary Poignon, not dated; Michael P, not
dated; Danielle Poignon, not dated;
and
two letters 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)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
CONCLUSIONS
OF LAW
(1)
(2) Upon consideration of the record as a whole, the State Board of
Pharmacy concludes that paragraphs (2) through (8) 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)
(4) Upon consideration of the record as a whole, the State Board of
Pharmacy concludes that paragraphs (2), (5), and (6) of the Findings of Fact
constitute being guilty of willfully violating, conspiring to violate,
attempting to violate, or aiding and abetting the violation of provisions of
Chapter 2925., 3719., or 4729. of the Revised Code as
provided in Division (A)(5) of Section 4729.16 of the
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, 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. 03-2-15675, 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. 03-2-15675, 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. 03-2-15675, 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. 03-2-15675, 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
6:09 p.m.
The Board recessed until Wednesday, November 8, 2000.
wednesday, November 8, 2000
8:24 a.m. ROLL CALL
The State Board of Pharmacy convened in Room 1914,
Suzanne L. Neuber, R.Ph. (President); Diane C. Adelman, R.Ph. (Vice-President); Suzanne R. Eastman, R.Ph.; Robert P. Giacalone, R.Ph.; Lawrence J. Kost, R.Ph.; and Amonte B. Littlejohn, R.Ph.
8:25 a.m.
8:30 a.m.
8:40 a.m.
9:26 a.m.
The Board was joined by
12:12 p.m.
The hearing recessed for lunch.
1:17 p.m.
The Board reconvened and the hearing resumed.
4:00 p.m.
RES.
2001-074 The hearing was
recessed until a later date.
4:07 p.m.
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
4:26 p.m.
The Executive Session ended and the meeting was opened to the
public.
|
PER DIEM |
|
9/23-25 |
|
11/06 |
|
11/07 |
|
11/08 |
|
Total |
|
Abele |
|
- |
|
- |
|
- |
|
- |
|
0 |
|
Adelman |
|
- |
|
1 |
|
1 |
|
1 |
|
3 |
|
|
|
- |
|
1 |
|
1 |
|
1 |
|
3 |
|
Giacalone |
|
- |
|
1 |
|
1 |
|
1 |
|
3 |
|
Littlejohn |
|
- |
|
1 |
|
1 |
|
1 |
|
3 |
|
Kost |
|
3 |
|
1 |
|
1 |
|
1 |
|
6 |
|
Neuber |
|
- |
|
1 |
|
1 |
|
1 |
|
3 |
|
Teater |
|
- |
|
1 |
|
1 |
|
1 |
|
3 |
|
Turner |
|
- |
|
1 |
|
1 |
|
- |
|
2 |
The motion was seconded by
4:28 p.m.
|
THE BOARD APPROVED THESE MINUTES ON
DECEMBER 11, 2000. |