RECORD OF THE PROCEEDINGS -- JANUARY 8, 9, 2001

NOTE: The following Minutes are provided for informational purposes only.

If you would like to obtain an official copy of these Minutes, please contact the

State Board of Pharmacy at 614/466-4143 for instructions and fee.

Minutes Of The Meeting

Ohio State Board of Pharmacy

Columbus, Ohio

January 8, 9, 2001

MONDAY, JANUARY 8, 2001

8:10 a.m. ROLL CALL

The State Board of Pharmacy convened in Room 1914, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with the following members present:

Suzanne L. Neuber, R.Ph. (President); Diane C. Adelman, R.Ph. (Vice-President); Ann D. Abele, R.Ph.; Suzanne R. Eastman, R.Ph.; Robert P. Giacalone, R.Ph.; Dorothy Teater, Public Member; and James E. Turner, R.Ph.

Also present were William T. Winsley, Executive Director; Timothy Benedict, Assistant Executive Director; Mark Keeley, Legislative Affairs Administrator; David Rowland, Legal Affairs Administrator; and Sally Ann Steuk, Assistant Attorney General.

8:20 a.m.

After discussion of items not requiring any official action by the Board, 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 Mr. Giacalone and a roll call vote was conducted by President Neuber as follows: Abele-Yes, Adelman-Yes, Eastman-Yes, Giacalone-Yes, Teater-Yes, and Turner-Yes.

8:35 a.m.

Mr. Littlejohn arrived and joined the Executive Session in progress.

8:42 a.m.

The Executive Session ended and the meeting was opened to the public. Mr. Winsley distributed a letter received in the Board office from the Ohio Osteopathic Association (OOA) describing a resolution from the OOA requesting that the Board consider a rule requiring a picture ID for anyone presenting a controlled substance prescription. After discussion, the letter and resolution were forwarded to the Ad Hoc Committee on Rule Review for their consideration when they meet this Spring.

8:51 a.m.

RES. 2001-092 Mr. Benedict then presented a request from Christopher Kiel, 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, Mr. Giacalone moved that the request be approved for the following two locations for one year:

Drug World Compounding Pharmacy (02-1179100)

Teregen Labs (02-1235150)

The motion was seconded by Mr. Littlejohn and approved by the Board (7-0)

9:06 a.m.

RES. 2001-093 Mr. Benedict then discussed with the Board the formation of a special committee to consider rules for hospice organizations. After discussion, Ms. Abele moved that the following individuals be appointed to serve on the Hospice Rules Committee:

Suzanne Neuber, R.Ph. – Board Member, Chair

Amonte Littlejohn, R.Ph. – Board Member

Mary Mihalyo, Pharm.D.

Warren Wheeler, M.D.

Josh Cox, R.Ph.

Bruce Agenberg, M.D.

Joe Jeffries, R.Ph.

Janice Scheufler, Pharm.D.

Bill Sheridan, R.Ph.

Cheryl Waller, Pharm.D.

Becky Jones, R.Ph.

Phyllis Grauer, R.Ph.

The motion was seconded by Mrs. Teater and approved by the Board (Aye-7/Nay-0).

9:12 a.m.

Mr. Keeley, Mr. Benedict, and Mr. Winsley discussed S.B. 172 with the Board members with particular emphasis on the changes that occurred to Section 4729.16 of the Revised Code. The changes in this bill become effective on February 13, 2001.

9:25 a.m.

As there were no bills to be discussed due to the new Legislature beginning, Mr. Keeley distributed a list of the members of the Senate and the House of Representatives to the members. A brief discussion of the legislative process followed.

9:37 a.m.

The Board members took a brief recess.

10:00 a.m.

The meeting resumed. 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 Mr. Turner and a roll call vote was conducted by President Neuber as follows: Abele-Yes, Adelman-Yes, Eastman-Yes, Giacalone-Yes, Littlejohn-Yes, Teater-Yes, and Turner-Yes.

10:15 a.m.

RES. 2001-094 The Executive Session ended and the meeting was opened to the public. Ms. Abele moved that, pursuant to Section 3719.121 of the Revised Code, the Board summarily suspend the license to practice pharmacy belonging to Richard Hart, R.Ph. (03-2-08617) 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 Ms. Eastman and approved by the Board (Aye-7/Nay-0).

10:20 a.m.

RES. 2001-095 Mr. Winsley discussed a request from Michael Moné, Executive Director of the Kentucky Board of Pharmacy. Mr. Moné asked the Ohio Board to send a letter of support for his nomination of Joseph Valentino for the NABP Lester Hosto Award. After discussion, the Board agreed that this would be appropriate and instructed Mr. Winsley to send such a letter to Carmen Catizone at the NABP office in Chicago.

10:30 a.m.

RES. 2001-096 Board staff then presented information from InfoScribeRx, an electronic prescription product that had been presented to staff prior to the Board meeting. After reviewing the information and discussing the system with the Board staff who were present at that meeting, the consensus of the Board was that the system appeared to meet the Board’s criteria and would be considered approvable for implementation in Ohio subject to a satisfactory final inspection by Board staff.

10:42 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 Mr. Littlejohn and a roll call vote was conducted by President Neuber as follows: Abele-Yes, Adelman-Yes, Eastman-Yes, Giacalone-Yes, Littlejohn-Yes, Teater-Yes, and Turner-Yes.

11:54 a.m.

The Executive Session ended and the meeting was opened to the public. The Board recessed for lunch.

1:42 p.m.

The Board reconvened in Room 1948, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio to continue with the Board meeting with all members present except Mr. Kost. The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of conducting an adjudication hearing in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of Thomas Allen Oswald, R.Ph., Wadsworth.

3:13 p.m.

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

3:32 p.m.

The meeting resumed. Mr. Littlejohn moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code. The motion was seconded by Mrs. Adelman and a roll call vote was conducted by President Neuber as follows: Abele-Yes, Adelman-Yes, Eastman-Yes, Giacalone-Yes, Littlejohn-Yes, Teater-Yes, and Turner-Yes.

10:15 a.m.

RES. 2001-097 The Executive Session ended and the meeting was opened to the public. Ms. Abele moved that the Board adopt the following Order in the matter of Thomas Allen Oswald, R.Ph., Wadsworth:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-001108-023)

In The Matter Of:

THOMAS ALLEN OSWALD, R.Ph.

486 Tulip Trail

Wadsworth, Ohio 44281

(R.Ph. No. 03-2-23749)

INTRODUCTION

THE MATTER OF THOMAS ALLEN OSWALD CAME FOR HEARING ON JANUARY 8, 2001, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: SUZANNE L. NEUBER, R.Ph. (presiding); ANN D. ABELE, R.Ph.; DIANE C. ADELMAN, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; AMONTE B. LITTLEJOHN, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

THOMAS ALLEN OSWALD WAS REPRESENTED BY MICHAEL E. MURMAN, AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

(A) Testimony

State's Witnesses:

(1) Joann Predina, R.Ph., Ohio State Board of Pharmacy

Respondent's Witnesses:

(1) Thomas Allen Oswald, R.Ph., Respondent

(2) Chris Holzeman, R.Ph., Pharmacists Rehabilitation Organization

(3) Jeffrey Carty, R.Ph., Omnicare (Lo-Med Unit)

(4) Donald Gale, R.Ph., Lo-Med Pharmacy Unit

(5) Carl LaRubbio, R.Ph., Omnicare

(6) Melinda Baum

(7) Greg Oswald, R.Ph., Father of Respondent, Lo-Med

(B) Exhibits

State's Exhibits:

(1) Exhibit 1--Copy of three-page Summary Suspension Order/Notice of Opportunity for Hearing letter dated November 8, 2000.

(2) Exhibit 1A--Hearing Request letter dated November 15, 2000.

(3) Exhibit 1B--Copy of Hearing Schedule letter dated November 20, 2000.

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

(5) Exhibit 1D--Copy of Pharmacist File computer record of Thomas Allen Oswald showing original date of registration as August 13, 1999.

(6) Exhibit 2--Twelve-page Statement of Thomas Allen Oswald signed and notarized November 6, 2000.

(7) Exhibit 3--Ohio State Board of Pharmacy Summary Audit Report, Case No. 00-2210, for Marinol 2.5mg and Marinol 5mg at HealthRays Pharmacy dated November 6, 2000.

(8) Exhibit 4--Hand-written Purchase Summary (chronologically), numbered 00-2210, for Marinol 2.5mg and Marinol 5mg dated November 6, 2000.

Respondent's Exhibits:

(1) Exhibit A--Letter regarding Thomas Oswald from Peggy Schmidt, Alcohol & Drug Dependency Services of Medina County, Inc., dated January 2, 2001 with the following attachments: copy of two-page Intensive Outpatient Program description and copy of two-page Intensive Outpatient Program Contract of Thomas Allen Oswald dated November 15, 2000.

(2) Exhibit B--Copies of three urine screen reports for samples collected from Tom Oswald on November 2, 2000, November 28, 2000, and December 21, 2000.

(3) Exhibit C--Ten pages of copies of Alcoholics Anonymous Meeting Attendance verifications dated from December 4, 2000, through December 30, 2000.

(4) Exhibit D--Copies of twenty-six pages of medical records of Tom Oswald as follows: Alcoholism "A Disease of Perception" dated November 22, 2000; Jellinek Diagnostic Chart of Symptoms dated November 27, 2000; "The Moon" dated November 29, 2000, hand-written notes about "Situations, Trigger Feelings, and Consequences" dated November 30, 2000, hand-written notes dated December 7, 2000; "What I Can Be Thankful For dated November 20, 2000; "How Will Others Know I Am recovering?" dated December 5, 2000; two-page "20 Reasons You Know You're Alcoholic/Addict" dated December 14, 2000; nine-page "First Step Guide" dated December 18, 2000; eight-page "Treatment Plans" for Problems #1, #2, #3, and #4 dated November 8, 2000.

(5) Exhibit E--Two-page letter from Andy Nichols dated January 2, 2001.

(6) Exhibit F--Copy of two-page PRO Inc. Pharmacist's Recovery Contract of Thomas A. Oswald dated December 7, 2000.

(7) Exhibit G--Copy of personal check of Thomas A. Oswald, No. 773, to HealthRays Pharmacy, dated January 4, 2001.

(8) Exhibit H--Copy of letter from Pastor Timothy J. Hull dated January 5, 2001.

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 Thomas Allen Oswald was originally licensed in the state of Ohio on August 13, 1999, pursuant to examination. On November 8, 2000, Thomas Allen Oswald’s license was summarily suspended in accordance with Section 3719.121 of the Ohio Revised Code.

(2) Thomas Allen Oswald 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: Thomas Allen Oswald has been stealing and abusing controlled substances; Thomas Allen Oswald has admitted to a Board agent that he is addicted to marijuana, a Schedule I controlled substance; that Thomas Allen Oswald's abuse of marijuana and Marinol, a Schedule III controlled substance, has increased to a point when his use was once “all day, each day;” Thomas Allen Oswald has admitted that he abuses drugs to relieve his perceived pressure from family and friends. Thomas Allen Oswald has admitted to stealing Marinol because the “effect was better than [his] regular daily marijuana use.” Such conduct indicates that Thomas Allen Oswald falls within the ambit of Divisions (A) and (B) of Section 3719.121 and Division (A)(3) of Section 4729.16 of the Ohio Revised Code.

(3) Thomas Allen Oswald did, on or about the following dates, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of HealthRays Pharmacy, by deception, to wit: Thomas Allen Oswald stole the following:

Date	Drug	Quantity
02-25-00	Marinol 2.5mg	100 units
02-25-00	Marinol 5.0mg	100 units
06-01-00	Marinol 2.5mg	100 units
07-18-00	Marinol 2.5mg	60 units
07-26-00	Marinol 2.5mg	60 units
12-99 through 07-00	Marinol 2.5mg	226 units
12-99 through 07-00	Marinol 5.0mg	70 units

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 paragraph (2) 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 Ohio Revised Code.

ACTION OF THE BOARD

Pursuant to Section 3719.121 of the Ohio Revised Code, the State Board of Pharmacy hereby removes the Summary Suspension Order issued to Thomas Allen Oswald on November 8, 2000.

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. 03-2-23749, held by Thomas Allen Oswald and such suspension is effective as of the date of the mailing of this Order.

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

(B) Thomas Allen Oswald, pursuant to Section 4729.16(B) of the Ohio Revised Code, must return the identification card and license (wall certificate) to the office of the State Board of Pharmacy within ten days after receipt of this Order unless the Board office is already in possession of both. The identification card and wall certificate should be sent by certified mail, return receipt requested.

Further, after one year from the effective date of this Order, the Board will consider any petition filed by Thomas Allen Oswald for a hearing, pursuant to Ohio Revised Code Chapter 119., for reinstatement. The Board will only consider reinstatement of the license to practice pharmacy in Ohio if the following conditions have been met:

(A) Thomas Allen Oswald 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) Marinol must be added to the standard urine drug screen.

(c) 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 Board any violations of the contract and/or lack of cooperation.

(B) Thomas Allen Oswald 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 of the effective date of this Order, Thomas Allen Oswald must show successful completion of the NAPLEX examination or an equivalent examination approved by the Board.

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

MOTION CARRIED.

SO ORDERED.

The motion was seconded by Mr. Turner and approved by the Board (Aye-7/Nay-0).

3:58 p.m.

The Board meeting recessed until Tuesday, January 9, 2001.

tuesday, January 9, 2001

8:33 a.m. ROLL CALL

The State Board of Pharmacy convened in Room 1914, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with the following members present:

Suzanne L. Neuber, R.Ph. (President); Diane C. Adelman, R.Ph. (Vice-President); Ann D. Abele, R.Ph.; Suzanne R. Eastman, R.Ph.; Robert P. Giacalone, R.Ph.; Lawrence J. Kost, R.Ph.; and Dorothy S. Teater, Public Member.

8:37 a.m.

RES. 2001-098 William McMillen, Licensing Administrator and Director of Internship, joined the Board and presented an application from a group wishing to be approved by the Board as an Approved Provider of Continuing Pharmacy Education pursuant to Rule 4729-7-05 of the Administrative Code. After discussion, Mrs. Adelman moved that the Board approve the following as an Approved Provider of Continuing Pharmacy Education:

South Pointe Hospital Pharmacy/Warrensville Heights

The motion was seconded by Ms. Eastman and approved by the Board (Aye-6/Nay-0).

8:40 a.m.

Mr. Littlejohn arrived and joined the meeting in progress. Mr. Kost reported that the Nursing Board’s Committee on Prescriptive Governance had not met since the last Board meeting.

8:42 a.m.

RES. 2001-099 Mr. Benedict presented a request from Robert Schmoll, 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 to alleviate a temporary staffing shortage. After discussion, Ms. Abele moved that the request be approved for the following two locations for four months:

Oak Hill Hospital (02-0036100)

Pomeroy Hospital (02-0510500)

The motion was seconded by Mrs. Teater and approved by the Board (Aye-7/Nay-0).

8:45 a.m.

Mr. Turner arrived and joined the meeting in progress. Mr. Benedict presented his report on the Medical Board’s Prescribing Committee. As part of the report, he distributed copies of proposed changes to the weight loss rule (4731-11-04) for the Board’s consideration. No action on these proposals was taken by the Board at this time.

8:50 a.m.

The Board took a brief recess.

9:04 a.m.

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

11:42 a.m.

The hearing ended and the record was closed. The Board took a recess for lunch.

1:00 p.m.

The Board convened in Room 1919, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio, for the purpose of meeting with the candidates for licensure by reciprocity with the following members present:

RES. 2001-100 Following presentations by Board members and self-introductions by the candidates for licensure by reciprocity, Mrs. Adelman moved that the Board approve the following candidates for licensure. The motion was seconded by Ms. Eastman and approved by the Board (Aye-6/Nay-0).

BRIAN MICHAEL KEIMACH	MASSACHUSETTS
DENNIS RICHARD MUNGALL	MICHIGAN
CRAIG ANTHONY SEITHER	KENTUCKY
ANDREW WILLIAM SEXTON	NEW YORK
DALE EUGENE SMITH	MISSOURI
ALLISON D. WILLIAMS	KENTUCKY

1:34 p.m.

The Board reconvened in Room 1914 with all members present except Mrs. Adelman to meet with the Board of Directors of the Ohio Society of Health-System Pharmacists (OSHP). Topics of discussion included:

> Potential Board certification/reexamination		> Pharmacist shortage issues
> Positive identification methods		> Home Care practice issues
> Rulemaking process for SB 172 and SB 248		> Automation issues

1:49 p.m.

Mrs. Adelman joined the meeting in progress.

2:57 p.m.

The meeting with the OSHP Board of Directors ended.

3:00 p.m.

The meeting resumed with all members present except Mr. Giacalone. Ms. Abele moved that the Minutes of the December 11, 12, 13, 2000 meeting be approved as amended. The motion was seconded by Ms. Eastman and approved by the Board (Aye-7/Nay-0).

3:14 p.m.

Mr. Giacalone joined the meeting in progress. Mr. Littlejohn moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code. The motion was seconded by Mr. Giacalone and a roll call vote was conducted by President Neuber as follows: Abele-Yes, Adelman-Yes, Eastman-Yes, Giacalone-Yes, Kost-Yes, Littlejohn-Yes, Teater-Yes, and Turner-Yes.

3:30 p.m.

RES. 2001-101 The Executive Session ended and the meeting was opened to the public. Ms. Abele moved that the Board adopt the following Order in the matter of Dennis L. Carey, R.Ph., Groveport:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-000615-067)

In The Matter Of:

DENNIS L. CAREY, R.Ph.

470 Naomi Court

Groveport, Ohio 43125

(R.Ph. No. 03-1-09565)

INTRODUCTION

THE MATTER OF DENNIS L. CAREY CAME FOR HEARING ON JANUARY 9, 2001, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: SUZANNE L. NEUBER, 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.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

DENNIS L. CAREY WAS REPRESENTED BY DANIEL D. CONNOR, AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

(A) Testimony

State's Witnesses:

(1) Christopher Reed, Ohio State Board of Pharmacy

Respondent's Witnesses:

(1) Dennis L. Carey, R.Ph., Respondent

(2) Wanda Carey, Wife of Respondent

(B) Exhibits

State's Exhibits:

(1) Exhibit 1--Copy of four-page Summary Suspension Order/Notice of Opportunity for Hearing letter dated June 15, 2000.

(2) Exhibit 1A--Hearing Request letter received July 13, 2000.

(3) Exhibit 1B--Copy of Hearing Schedule letter dated July 17, 2000.

(4) Exhibit 1C--Copy of three-page Amendment/Addendum Notice letter dated October 17, 2000.

(5) Exhibit 1D--Hearing Request/Notice of Representation letter dated October 25, 2000.

(6) Exhibit 1E--Copy of Hearing Schedule letter dated October 30, 2000.

(7) Exhibit 1F--Copy of Hearing Schedule letter dated December 22, 2000.

(8) Exhibit 1G--Copy of Pharmacist File computer record of Dennis L. Carey showing original date of registration as July 27, 1970.

(9) Exhibit 2--Copy of two-page Rite Aid Corporation Written Statement Form of Dennis Carey dated June 9, 2000.

(10) Exhibit 3--Statement of Dennis L. Carey signed and notarized June 9, 2000.

(11) Exhibit 4--Statement of Robert S. Jones signed and notarized June 29, 2000.

(12) Exhibit 5--Four Hydrocodone/APAP 10/500 tablets.

(13) Exhibit 6--Copy of Accountability Statement for Codiclear DH Syrup at Rite Aid of Ohio, Inc. #1208 dated June 9, 2000.

(14) Exhibit 7--Copy of Accountability Statement for Hycotuss Expectorant at Rite Aid of Ohio, Inc. #1208 dated June 9, 2000.

(15) Exhibit 8--Copy of Accountability Statement for Hydrocodone/Guaifenesin Syrup at Rite Aid of Ohio, Inc. #1208 dated June 9, 2000.

(16) Exhibit 9--Copy of Accountability Statement for Lortab 10/500 at Rite Aid of Ohio, Inc. #1208 dated June 9, 2000.

(17) Exhibit 10--Copy of Accountability Statement for Hydrocodone/APAP 10/500 at Rite Aid of Ohio, Inc. #1208 dated June 9, 2000.

(18) Exhibit 11--Copy of Rite Aid Customer History Report of Steve Percival for January 1, 2000 to June 16, 2000.

(19) Exhibit 12--Prescription No. 01208 141401 dated April 20, 2000.

(20) Exhibit 13--Statement of Quirico Cristales, M.D. signed and notarized August 4, 2000.

(21) Exhibit 14--Copy of Rite Aid Customer History Report of Terri A. Larson for January 1, 2000 to June 16, 2000.

(22) Exhibit 15--Prescriptions numbered 01208 144139 and 01208 144140 dated May 27, 2000.

(23) Exhibit 16--Statement of Susan L. Besser, M.D. signed and notarized July 7, 2000.

(24) Exhibit 17--Copy of two-page Rite Aid Customer History Report of Brenda Beal for January 1, 1999 to June 12, 2000.

(25) Exhibit 18--Prescription No. 01208 136691 dated February 17, 2000, and crossed-out Prescription No. 01208 136484 dated February 15, 2000.

(26) Exhibit 19--Intron-A three million units/0.2ml Pen.

(27) Exhibit 20--Statement of Brenda J. Beal signed and notarized June 29, 2000.

(28) Exhibit 21--Statement of Mica Anderson signed and notarized June 28, 2000.

(29) Exhibit 22--Copy of pages 215, 216, and 217 of the Ohio State Board of Pharmacy Journal, No. J-900821-058, showing the Order of the State Board of Pharmacy in the matter of Dennis L. Carey, R.Ph. considered on June 28, 1990.

(30) Exhibit 23--Copy of pages 324, 325, 326, and 327 of the Ohio State Board of Pharmacy Journal, No. J-931101-042, showing the Order of the State Board of Pharmacy in the matter of Dennis L. Carey, R.Ph. heard on September 27, 1993.

Respondent's Exhibits:

(1) Exhibit A--Copies of the following: two-page letter from Brenda L. Davidson dated January 5, 2001; letter from Sonia Kanner dated January 6, 2001; Rite Aid Corporation Loss Prevention Statement of Account of Dennis L. Carey dated July 17, 2000; Cashier's Check No. 2736863 of Dennis L. Carey to Rite Aid Co. dated July 2000; and Rite Aid Hdqtrs. Corp. Invoice No. 0001918147 of Dennis Carey dated July 24, 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 Board of Pharmacy indicate that Dennis L. Carey was originally licensed in the State of Ohio on July 27, 1970, pursuant to examination. On June 15, 2000, Dennis L. Carey’s license was summarily suspended in accordance with Section 3719.121 of the Ohio Revised Code.

(2) Dennis L. Carey 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: Dennis L. Carey has admitted to stealing controlled substances from his employer; Dennis L. Carey admitted that he consumed one to two ounces of Hydrocodone/Guaifenesin, by mixing it in his coffee, and a “couple” of hydrocodone 10mg/APAP 500mg tablets daily while practicing pharmacy; and Dennis L. Carey admitted that he is psychologically dependent upon controlled substances and that he was going to seek drug treatment. Such conduct indicates that Dennis L. Carey falls within the ambit of Divisions (A) and (B) of Section 3719.121, and Division (A)(3) of Section 4729.16 of the Ohio Revised Code.

(3) Dennis L. Carey did, from on or about October 1999, through January 2000, with purpose to deprive, knowingly obtain or exert control over controlled substances, the property of Rite Aid Pharmacy #4985 in Circleville, Ohio, beyond the express or implied consent of the owner, to wit: Dennis L. Carey admitted stealing approximately five to six 16oz-bottles of Hydrocodone/Guaifenesin Syrup and 80 to 100 tablets of hydrocodone 10mg/APAP 500mg from his employer. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(4) Dennis L. Carey did, from on or about February 1, 2000, through June 9, 2000, with purpose to deprive, knowingly obtain or exert control over controlled substances, the property of Rite Aid Pharmacy #1208 in Columbus, Ohio, beyond the express or implied consent of the owner, to wit: Dennis L. Carey stole the following controlled substances from his employer:

Drug	Quantity	% of Drug Stock
Codiclear DH Syrup	450 ml	46.9%
Hycotuss Expectorant	1,860 ml	38.8%
Hydrocodone/Guaifenesin Syrup	3,910 ml	47.9%
Lortab 10/500	22 units	11.0%
Hydrocodone/APAP 10/500	107 units	35.7%

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

(5) Dennis L. Carey did, on or about the following dates, intentionally create and/or knowingly possess false or forged prescriptions, to wit: in an effort to conceal drug thefts, Dennis L. Carey created the following false telephone prescriptions for non-existent patients:

Rx No.	Date	Drug	Qty.	C.S. Schedule
141401	04/20/00	Hydrocodone/Guaifenesin Syrup	240 ml	C.S. III
144139	05/27/00	Hydrocodone/Guaifenesin Syrup	180 ml	C.S. III
144140	05/27/00	Doxycycline 100mg	20	D.D.

Such conduct is in violation of Divisions (A) and (B)(1) of Section 2925.23 of the Ohio Revised Code.

(6) Dennis L. Carey did, on or about February 15, 2000, fail to perform prospective drug utilization review and patient counseling, to wit: when dispensing medications to a patient pursuant to prescription number 136484, Dennis L. Carey failed to review the original prescription and/or refill information for over-utilization, incorrect drug dosage and duration of drug treatment, and misuse; and Dennis L. Carey refused to offer or perform patient counseling when requested by the patient. Such conduct is in violation of Rules 4729-5-20 and 4729-5-22 of the Ohio Administrative Code.

CONCLUSIONS OF LAW

(1) Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraphs (2) through (6) 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 (5) of the Findings of Fact constitute being guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapter 2925., 3719., or 4729. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

ACTION OF THE BOARD

Pursuant to Section 3719.121 of the Ohio Revised Code, the State Board of Pharmacy hereby removes the Summary Suspension Order issued to Dennis L. Carey on June 15, 2000.

Pursuant to Section 4729.16 of the Ohio Revised Code, the State Board of Pharmacy takes the following actions in the matter of Dennis L. Carey:

(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. 03-1-09565, held by Dennis L. Carey effective as of the date of the mailing of this Order.

(B) On the basis of the Findings of Fact and paragraph (2) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes the pharmacist identification card, No. 03-1-09565, held by Dennis L. Carey effective as of the date of the mailing of this Order.

(C) On the basis of the Findings of Fact and paragraph (3) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes the pharmacist identification card, No. 03-1-09565, held by Dennis L. Carey effective as of the date of the mailing of this Order.

Dennis L. Carey, pursuant to Section 4729.16(B) of the Ohio Revised Code, must return the identification card and license (wall certificate) to the office of the State Board of Pharmacy within ten days after receipt of this Order unless the Board office is already in possession of both. The identification card and wall certificate should be sent by certified mail, return receipt requested.

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

MOTION CARRIED.

SO ORDERED.

The motion was seconded by Mr. Turner and approved by the Board (Aye-5/Nay-3).

3:35 p.m.

RES. 2001-102 Mr. Turner moved that the Board accept the settlement offer proposed in the matters of Dale T. Cochran, R.Ph., Dublin, and Sullivant Prescription Center, Columbus, and that the agreements be final after signatures are obtained from all parties. Mrs. Teater seconded the motion and it was approved (Aye-8/Nay-0).

3:39 p.m.

Mr. Littlejohn moved that the Board receive Per Diem as follows:

PER DIEM	01/08	01/09	Total
Abele	1	1	2
Adelman	1	1	2
Eastman	1	1	2
Giacalone	1	1	2
Littlejohn	1	1	2
Kost	-	1	1
Neuber	1	1	2
Teater	1	1	2
Turner	1	1	2

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

4:25 p.m.

Mrs. Adelman moved that the meeting be adjourned. The motion was seconded by Mr. Giacalone and approved (Aye-8/Nay-0).

THE BOARD APPROVED THESE MINUTES ON FEBRUARY 6, 2001.