RECORD OF THE PROCEEDINGS -- FEBRUARY 5, 6, 7, 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

February 5, 6, 7, 2001

MONDAY, FEBRUARY 5, 2001

11:35 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:

Diane C. Adelman, R.Ph. (Vice-President); Ann D. Abele, R.Ph.; Robert P. Giacalone, R.Ph.; Lawrence J. Kost, R.Ph.; Dorothy S. 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; William McMillen, Licensing Administrator; David Rowland, Legal Affairs Administrator; and Sally Ann Steuk, Assistant Attorney General.

In the absence of Board President Suzanne Neuber, Mrs. Adelman served as Chair for the meeting.

11:40 a.m.

RES. 2001-103 Mr. Rowland presented a request from 1stonlinepharmacy.com for a continuance of their hearing scheduled for Tuesday, February 6, 2001, at 1:30 p.m. After discussion, Mr. Turner moved that the request be denied. The motion was seconded by Mrs. Teater and approved by the Board (Aye-6/Nay-0).

11:45 a.m.

RES. 2001-104 Ms. Eastman arrived and joined the meeting in progress. The Board was joined by representatives of Merck-Medco for a discussion of the optical scanning system installed at Merck-Medco’s Fairfield, Ohio facility. Mr. Benedict and Mr. Keeley reported on their visit to review the system. After discussion about the visit, Mr. Benedict and Mr. Keeley reported that the system appeared to be working as described and appeared to meet the requirements of the Board.

11:52 a.m.

RES. 2001-105 The Board next considered a request from Katherine Blair (Docket No. D-000404-052) for a reconsideration of her Board Order issued on January 12, 2001. After discussion, Ms. Abele moved that the Board deny the request, leaving the Board Order as it was issued. The motion was seconded by Ms. Eastman and approved by the Board (Aye-7/Nay-0).

11:53 a.m.

RES. 2001-106 Mr. Benedict then presented a request from Douglas Theuring, 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, Ms. Abele moved that the request be approved for the following two locations for one year:

Elmwood Institutional Pharmacy (02-0917250)

Elmwood Place Pharmacy (02-0149650)

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

12:00 p.m.

RES. 2001-107 After being joined by several members of the committee that considered rules needed due to S.B. 172 from the 123rd General Assembly, Mr. Keeley and Mr. Benedict discussed the committee’s recommendations with the Board. After reviewing the proposed rules, Ms. Abele moved that the following rules be filed with the appropriate agencies so that the Board could hold a public hearing as soon as possible. The motion was seconded by Ms. Eastman and approved by the Board (Aye-7/Nay-0).

4729-29-01 Reasonable attempt to contact and confer.

As used in DIVISION (B) OF section 4729.39 of the Revised Code, a “reasonable attempt to contact and confer” shall be deemed to have occurred if the pharmacist provides the physician with notification of the intended action to be taken pursuant to the consult agreement and provides the physician with the opportunity to respond in a timely manner. Such notification may include, but is not limited to, one of the following methods:

(A) Personally meeting with the physician;

(B) Telephone discussion with the physician;

(D) Electronic mail that confirms delivery;

(E) Any other method in writing that reaches the physician in a timely manner; or

(F) Any other method of notification as outlined in the consult agreement between the pharmacist and physician that might reasonably be expected to allow for the notification of the physician prior to the implementation of the intended action.

4729-29-03 Records.

As required by section 4729.39 of the Revised Code, all consult agreements and the records of actions taken pursuant to such consult agreements shall be in writing. ~~The pharmacist~~ THESE RECORDS shall ~~maintain these records~~ BE MAINTAINED in such a manner that they are readily retrievable for at least three years from the date of the last action taken under the consult. Such consult agreements shall be considered confidential patient records and are therefore subject to the requirements of rule 4729-5-29 of the Administrative Code.

4729-29-05 Signatures required on a consult agreement. (TO BE RESCINDED)

To be effective, a consult agreement must bear the signatures of one patient or caregiver, one physician, and one pharmacist. The consult agreement must define the diagnosis or diagnoses that affect the drug therapy that is covered by the agreement. Where there is a group of physicians or pharmacists who may be caring for the patient, the consult agreement shall be signed by the primary physician and the primary pharmacist. In this case, the consult agreement shall designate one other pharmacist who may be covering for the primary pharmacist. This designation of an alternate pharmacist for coverage purposes must be made prior to the consult agreement receiving the signature of the patient or the patient's caregiver.

4729-29-06 INSTITUTIONAL POLICY FOR CONSULT AGREEMENTS.

AN INSTITUTIONAL POLICY FOR CONSULT AGREEMENTS DEVELOPED PURSUANT TO DIVISION (C) OF SECTION 4729.39 OF THE REVISED CODE MUST INCLUDE AT LEAST THE FOLLOWING CRITERIA:

(A) THE APPROPRIATE INSTITUTIONAL CREDENTIALING OR PRIVILEGING PROCEDURES FOR EACH INDIVIDUAL PHARMACIST PRIOR TO THE PHARMACIST ACTING UNDER ANY CONSULT AGREEMENT;

(B) THE CREDENTIALING OR PRIVILEGING PROCEDURES THAT DELINEATE AN INDIVIDUAL PHARMACIST’S SCOPE OF PRIVILEGES WHEN ACTING UNDER A CONSULT AGREEMENT;

(C) AN APPROPRIATE QUALITY ASSURANCE MECHANISM TO ENSURE THAT PHARMACISTS WHO ACT UNDER A CONSULT AGREEMENT DO SO ONLY WITHIN THE SCOPE OF PRIVILEGES GRANTED;

(D) A WRITTEN DESCRIPTION FOR EACH OF THE FOLLOWING:

(1) THE MECHANISM TO BE USED FOR COVERAGE WHEN THE CONSULT AGREEMENT PHARMACIST OR PHYSICIAN IS NOT PHYSICALLY PRESENT;

(2) HOW THE CONSULT AGREEMENT WILL BE MADE IN WRITING;

(3) HOW THE CONSULT AGREEMENT SHALL BE COMMUNICATED TO THE PATIENT OR LEGAL GUARDIAN;

(4) HOW THE PHARMACIST SHALL DOCUMENT EACH ACTION TAKEN UNDER THE CONSULT AGREEMENT;

(5) THE METHODS TO BE USED FOR THE REQUIRED COMMUNICATION BETWEEN A PHARMACIST AND PHYSICIAN;

(6) THE APPROPRIATE METHODS FOR TERMINATING A CONSULT AGREEMENT.

4729-29-07 BOARD REVIEW OF THE INSTITUTIONAL POLICY FOR CONSULT AGREEMENTS.

AN INSTITUTIONAL POLICY FOR CONSULT AGREEMENTS DEVELOPED PURSUANT TO DIVISION (C) OF SECTION 4729.39 OF THE REVISED CODE SHALL BE SUBJECT TO REVIEW BY THE STATE BOARD OF PHARMACY AS FOLLOWS:

(A) UPON THE REQUEST OF THE STATE BOARD OF PHARMACY, A HOSPITAL SHALL IMMEDIATELY MAKE AVAILABLE ITS POLICY FOR CONSULT AGREEMENTS. THE STATE BOARD OF PHARMACY, AFTER REVIEW, MAY APPROVE THE POLICY OR RETURN IT TO THE HOSPITAL FOR REVISION WITHOUT APPROVAL.

(B) EACH LONG-TERM-CARE FACILITY’S POLICY FOR CONSULT AGREEMENTS SHALL BE SUBMITTED TO THE STATE BOARD OF PHARMACY FOR REVIEW PRIOR TO IMPLEMENTATION. THE STATE BOARD OF PHARMACY SHALL APPROVE THE POLICY ONLY AFTER THE BOARD IS SATISFIED THAT THE POLICY COMPLIES WITH ALL APPROPRIATE LAWS AND RULES. ANY SUBSEQUENT REVISIONS TO THE POLICY, AFTER THE INITIAL APPROVAL, MUST BE SUBMITTED TO THE STATE BOARD OF PHARMACY AND APPROVED PRIOR TO IMPLEMENTATION.

(C) IF A POLICY FOR CONSULT AGREEMENTS HAS BEEN RETURNED FOR REVISION WITHOUT APPROVAL TO A HOSPITAL OR LONG-TERM-CARE FACILITY BY THE STATE BOARD OF PHARMACY, SUCH POLICY MAY NOT BE IMPLEMENTED UNTIL IT HAS BEEN APPROVED BY THE BOARD.

(D) POLICIES FOR CONSULT AGREEMENTS THAT ARE REQUESTED BY, OR THAT ARE REQUIRED TO BE SUBMITTED TO, THE STATE BOARD OF PHARMACY MAY BE REVIEWED WITH THE STATE MEDICAL BOARD, AS APPROPRIATE.

12:15 p.m.

Mr. Keeley and Mr. Benedict reported that the committee to consider rules needed due to S.B. 248 from the 123rd General Assembly and the committee to consider rules that might be needed for hospice organizations would be meeting in the next month, as soon as suitable dates could be found.

12:33 p.m.

Mr. Winsley reviewed the Pharmacy Board budget that was a part of the Governor’s FY 2002-2003 budget that had been released for public information. Of particular interest was the fact that the Board would be leaving the Occupational Licensing Fund (4K9) at the end of this biennium and would be in a separate fund (5N2). This change will allow the Board to monitor receipts and expenditures better than when the Board was in the same fund as most of the other licensing boards. Mr. Winsley also discussed the fact that, since the Board would be required to be self-sufficient, the Board’s budget request was fully funded in the Governor’s budget. Hearings will be held by the House and the Senate before the FY 2002-2003 budget is finally approved.

12:43 p.m.

Mr. Littlejohn joined the meeting in progress. The Board members took a brief recess.

1:13 p.m.

The meeting resumed. 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 Eric Wayne Hamon, R.Ph., Sebring. Mr. Kost announced that he would not participate in the hearing nor in its deliberations by the Board.

3:17 p.m.

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

3:34 p.m.

Mr. McMillen discussed his licensing report with the Board.

4:05 p.m.

RES. 2001-108 Mr. Winsley then presented a request that the Board consider adding the certification in Nutritional Support by the Board of Pharmaceutical Specialties to the list of approved certification programs meeting the requirements of rule 4729-7-08 of the Administrative Code. After discussion, Ms. Abele moved that this certification program be added to the list of approved programs in Rule 4729-7-08 of the Administrative Code, subject to the stipulation that re-certification must be done by examination rather than by continuing education. The motion was seconded by Mr. Littlejohn and approved by the Board (Aye-8/Nay-0).

4:07 p.m.

Mr. Benedict presented his report on the Medical Board Prescribing Committee.

4:19 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 Mr. Littlejohn and a roll call vote was conducted by Vice-President Adelman as follows: Abele-Yes, Eastman-Yes, Giacalone-Yes, Littlejohn-Yes, Teater-Yes, and Turner-Yes. Mr. Kost left the room during the discussion of the matter of Eric Wayne Hamon.

5:15 a.m.

RES. 2001-109 The Executive Session ended and the meeting was opened to the public. Ms. Eastman moved that the Board adopt the following Order in the matter of Eric Wayne Hamon, R.Ph., Sebring:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-001107-018)

In The Matter Of:

ERIC WAYNE HAMON, R.Ph.

165 E. Michigan Avenue

Sebring, Ohio 44672

(R.Ph. No. 03-2-23513)

INTRODUCTION

THE MATTER OF ERIC WAYNE HAMON CAME FOR HEARING ON FEBRUARY 5, 2001, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: DIANE C. ADELMAN, R.Ph. (presiding); ANN D. ABELE, 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.

ERIC WAYNE HAMON WAS REPRESENTED BY PAUL HERVEY, AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

(A) Testimony

State's Witnesses:

(1) Lynn Mudra, Ohio State Board of Pharmacy

(2) Wayne Miller, R.Ph., Pharmacists Rehabilitation Organization, Inc.

Respondent's Witnesses:

(1) Eric Wayne Hamon, R.Ph., Respondent

(B) Exhibits

State's Exhibits:

(1) Exhibit 1--Copy of three-page Summary Suspension Order/Notice of Opportunity for Hearing letter dated November 7, 2000.

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

(3) Exhibit 1B--Copy of Hearing Schedule letter dated December 6, 2000.

(4) Exhibit 1C--Copy of Hearing Schedule letter dated December 29, 2000.

(5) Exhibit 1D--Copy of Hearing Schedule letter, attorney copy, dated December 29, 2000.

(6) Exhibit 1E--Copy of Pharmacist File computer record of Eric Wayne Hamon showing original date of registration as July 2, 1999.

(7) Exhibit 2--Two-page copy of PRO Inc. Pharmacist’s Recovery Contract of Eric W. Hamon dated January 4, 2001.

(8) Exhibit 3--Two-page copy of Quest Diagnostics drug screen report of Eric Hamon for sample collected on January 22, 2001.

(9) Exhibit 4--Two-page copy of Quest Diagnostics drug screen report of Eric Hamon for sample collected on January 31, 2001.

Respondent's Exhibits:

(1) Exhibit A--Copy of two-page letter from Mandip S. Sandhu, M.D., Psychiatrist, dated January 25, 2001.

(2) Exhibit B--Two-page copy of PRO Inc. Pharmacist’s Recovery Contract of Eric W. Hamon dated January 4, 2001.

(3) Exhibit C--Copy of two pages of meeting attendance records of Eric Hamon dated from October 3, 2000, to January 30, 2001.

(4) Exhibit D--Copy of diploma from the University of Toledo College of Pharmacy issued to Eric Wayne Hamon dated May 8, 1999.

(5) Exhibit E--Copy of Salem Community Hospital Laboratory drug screen report of Eric W. Hamon dated December 1, 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 Eric Wayne Hamon was originally licensed as a pharmacist in the state of Ohio on July 2, 1999, pursuant to examination. On November 7, 2000, Eric Wayne Hamon’s license to practice pharmacy was summarily suspended in accordance with Section 3719.121 of the Ohio Revised Code. Further, during the relevant time periods stated herein, Eric Wayne Hamon was the Responsible Pharmacist at Giant Eagle Pharmacy, 5793 Broadview Road, Parma, Ohio pursuant to Sections 4729.27 and 4729.55 of the Ohio Revised Code and Rule 4729-5-11 of the Ohio Administrative Code.

(2) Eric Wayne Hamon 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: Eric Wayne Hamon has been stealing and abusing controlled substances; Eric Wayne Hamon has admitted to a Board Agent that he is addicted to drugs and was hospitalized for such condition; Eric Wayne Hamon has indicated to a Board Agent that he cannot practice pharmacy without placing the public in danger as a result of his dispensing drugs; while practicing pharmacy, Eric Wayne Hamon’s co-workers have continually awakened him to work with patients; and, when speaking with a Board Agent about his condition he was noticed to have slurred speech. Such conduct indicates that Eric Wayne Hamon falls within the ambit of Divisions (A) and (B) of Section 3719.121 and Section 4729.16(A)(3) of the Ohio Revised Code.

CONCLUSIONS 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 gross immorality 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 paragraph (2) of the Findings of Fact constitutes 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 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.

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 Eric Wayne Hamon on November 7, 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. 03-2-23513, held by Eric Wayne Hamon and such suspension is effective as of the date of the mailing of this Order.

(A) Eric Wayne Hamon, 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) Eric Wayne Hamon, 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 two years from the effective date of this Order, the Board will consider any petition filed by Eric Wayne Hamon 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) Eric Wayne Hamon 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) Eric Wayne Hamon 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) Hydrocodone 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.

(1) Compliance with the licensed psychiatrist's or psychologist's recommended treatment plan;

(2) A report by the licensed psychiatrist or psychologist regarding Eric Wayne Hamon 's fitness for readmission into the practice of pharmacy;

(3) Compliance with the contract required above (e.g.-proof of giving the urine sample within twelve hours of notification and copies of all drug and alcohol urine screen reports, meeting attendance records, treatment program reports, etc.);

(4) 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;

(5) Compliance with the terms of this Order.

(D) If reinstatement is not accomplished within three years of the effective date of this Order, Eric Wayne Hamon 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. Giacalone and approved by the Board (Aye-7/Nay-0).

5:20 p.m.

The Board recessed until Tuesday, February 6, 2001.

Tuesday, February 6, 2001

8:32 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:

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.; Amonte B. Littlejohn, R.Ph.; Dorothy S. Teater, Public Member; and James E. Turner, R.Ph.

In the absence of Board President Suzanne Neuber, Mrs. Adelman served as Chair for the meeting.

8:37 a.m.

RES. 2001-110 Mr. McMillen presented a request from Manuel Canales, R.Ph., a pharmacist whose license to practice pharmacy in Ohio had been lapsed for more than three years and who had not continually practiced pharmacy in another state during the time his Ohio license was lapsed. Mr. Canales asked for an exemption from the testing requirements of Section 4729.13 of the Revised Code. After discussion, Ms. Abele moved that the request be denied. The motion was seconded by Mrs. Teater and approved by the Board (Aye-6/Nay-1/Abstain-1[Adelman]).

9:03 a.m.

11:16 a.m.

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

12:36 p.m.

The Board 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.; Amonte B. Littlejohn, R.Ph.; and James E. Turner, R.Ph.

The Board members discussed the Board’s Planning Retreat, set for Wednesday, June 6, 2001. Joining Mr. Winsley and the Board will be Mr. Benedict, Mr. Keeley, Mr. McMillen, and Mr. Rowland.

12:51 p.m.

Ms. Abele moved that the Minutes of the January 8, 9, 2001 meeting be approved as amended. The motion was seconded by Ms. Eastman and approved by the Board (Aye-7/Nay-0).

12:56 p.m.

Mr. Winsley presented a letter from Paraskos, Teteris, & Diaz, MD, Inc. requesting that the Board reconsider the requirement in paragraph (G) of Rule 4729-5-30 of the Administrative Code that limits refills of prescriptions to a one-year time period. After discussion, Ms. Abele moved that the Board refer this request to the Ad Hoc Committee on Rule Review for its consideration during this year’s rule review process. The motion was seconded by Mrs. Adelman and approved by the Board (Aye-7/Nay-0).

1:00 p.m.

Mrs. Teater arrived and joined the meeting in progress. The Board members moved to Room 1919 for the purpose of meeting with the candidates for licensure by reciprocity.

RES. 2001-111 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. Teater and approved by the Board (Aye-8/Nay-0).

RITA ALLOWAY		TENNESSEE
ADRIANA ELILZABETH BURGIO		TEXAS
JAN D. CASTANZA		MASSACHUSETTS
VANESSA MARIE CLEARY		INDIANA
WILLLIAM JOSEPH CLEARY		INDIANA
WENDY LYNNE LIU		NEVADA
KELLY LYNN LONG		MICHIGAN
CATHY ANN MONIOS		PENNSYLVANIA
LISA R. NAGLE		PENNSYLVANIA
JEFFREY ALLEN SLONE		KENTUCKY
JAMES REGIS WERTZ		PENNSYLVANIA
KARIN PENDLETON WILLIAMSON		KENTUCKY
JAMES HENRY WISE		TENNESSEE

1:17 p.m.

The Board reconvened in Room 1914. Ms. Abele moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code. The motion was seconded by Ms. Eastman and a roll call vote was conducted by President Neuber as follows: Abele-Yes, Adelman-Yes, Eastman-Yes, Giacalone-Yes, Kost-Yes, Littlejohn-Yes, Teater-Yes, and Turner-Yes.

1:25 p.m.

RES. 2001-112 The Executive Session ended and the meeting was opened to the public. Ms. Eastman moved that the Board adopt the following Order in the matter of Steven Martin Salo, R.Ph., Conneaut:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-001003-013)

In The Matter Of:

STEVEN MARTIN SALO, R.Ph.

7240 Regal Drive

Conneaut, Ohio 44030

(R.Ph. No. 03-3-14337)

INTRODUCTION

THE MATTER OF STEVEN MARTIN SALO CAME FOR HEARING ON FEBRUARY 6, 2001, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: DIANE C. ADELMAN, R.Ph. (presiding); ANN D. ABELE, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; LAWRENCE J. KOST, R.Ph.; AMONTE B. LITTLEJOHN, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; JAMES E. TURNER, R.Ph.

STEVEN MARTIN SALO WAS REPRESENTED BY RICHARD KOBLENTZ, AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

(A) Testimony

State's Witnesses:

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

Respondent's Witnesses:

(1) David C. Cunningham, R.N.

(2) David T. Villa, Certified Addiction Counselor

(3) Steven Martin Salo, R.Ph., Respondent

(B) Exhibits

State's Exhibits:

(1) Exhibit 1--Copy of three-page Summary Suspension Order/Notice of Opportunity for Hearing letter dated October 3, 2000.

(2) Exhibit 1A--Hearing Request letter dated October 10, 2000.

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

(4) Exhibit 1C--Change in Representation letter from Richard S. Koblentz dated October 26, 2000.

(5) Exhibit 1D--Copy of Pharmacist File computer record for Steven Martin Salo showing original date of registration as July 31, 198.

(6) Exhibit 2--Two-page hand-written Statement of Howard Weisman signed and notarized on September 18, 2000; hand-written Statement of Howard Weisman dated September 11, 2000; Statement of Howard Weisman signed and notarized on September 19, 2000; and Written Resignation of Steven Salo dated September 11, 2000.

(7) Exhibit 3-- Statement of Cheryle Chiaramonte signed and notarized on September 19, 2000, with attached hand-written Inventory List.

(8) Exhibit 4--Baggie containing 47 tablets of Acetaminophen #3; baggie containing 48 tablets of Acetaminophen #3 and 25 tablets of Propoxyphene N 100; baggie containing 3.5 tablets of Furosemide 40mg; and baggie containing empty (punched out) blister-pack of 20 tablets of Propoxyphene N 100 U/D.

(9) Exhibit 5--Four Statements of Theresa Salo signed and notarized on September 19, 2000.

(10) Exhibit 6--Four-page Statement of Steven M. Salo signed and notarized on September 11, 2000.

(11) Exhibit 7--Ohio State Board of Pharmacy Summary Audit Report of Ashtabula County Medical Center dated September 19, 2000.

(12) Exhibit 8--Four photographs of the inside and outside of an automobile; three photographs of drugs; and one photograph of a bedroom dresser.

Respondent's Exhibits:

(1) Eleven-page Hearing Memorandum from Richard S. Koblentz, Attorney for Steven M. Salo, not dated.

(2) Exhibit A--Eight-page Statement of Steven M. Salo dated January 4, 2001.

(3) Exhibit B--Glenbeigh Health Sources, Discharge Summary of Steven Salo dated October 20, 2000.

(4) Exhibit C--Letter from Sally Charney dated December 28, 2000.

(5) Exhibit D--Four drug screen reports of Steven Salo for samples collected December 27, 2000; January 3, 2001; January 8, 2001; and January 17, 2001.

(6) Exhibit E--Copy of six pages of Attendance record for support group meetings dated October 30, 2000 through January 24, 2001.

(7) Exhibit E1--Copy of Attendance record dated January 22, 2001, through February 1, 2001.

(8) Exhibit F--Two-page copy of PRO Inc. Pharmacist's Recovery Contract of Steven Salo dated December 14, 2000.

(9) Exhibit G--Copy of two-page letter from Barry H. Shick dated November 17, 2000.

(10) Exhibit H--Copy of letter from Beth A. Diemer dated November 29, 2000.

(11) Exhibit I--Copy of letter from Lois Acierno dated November 17, 2000.

(12) Exhibit J--Copy of letter from Kathy Stevens dated November 19, 2000.

(13) Exhibit K--Copy of letter from Sharon A. Fortune dated November 14, 2000.

(14) Exhibit L--Copy of letter from Carla R. Hague dated November 7, 2000.

(15) Exhibit M--Copy of letter from Noreen Petrichello dated November 12, 2000.

(16) Exhibit N--Copy of letter from Thomas R. Flick dated November 21, 2000.

(17) Exhibit O--Copy of letter from Guy V. Jeanblanc, not dated.

(18) Exhibit P--Copy of letter from Albert L. Wright, Jr. dated November 13, 2000.

(19) Exhibit Q--Copy of letter from Wendy A. Nagy dated November 28, 2000.

(20) Exhibit R--Copy of two-page letter from John A. and Carolyn S. Burkhart dated November 12, 2000.

(21) Exhibit S--Copy of letter from Clifford L. and Peggy Davis dated November 11, 2000.

(22) Exhibit T--Copy of letter from James Reed dated November 12, 2000.

(23) Exhibit U--Copy of letter from Kristy Schiro dated November 27, 2000.

(24) Exhibit V--Copy of Care Plan developed with Steve Salo by David Cunningham, Betsy Schenk, and David Villa, 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 Steven Martin Salo was originally licensed in the state of Ohio on July 31, 1981, pursuant to examination. On October 3, 2000, Steven Martin Salo's license to practice pharmacy was summarily suspended in accordance with Section 3719.121 of the Revised Code.

(2) Steven Martin Salo 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: Steven Martin Salo has admitted to being an alcoholic, consuming up to a fifth of Vodka per day for the past 20 years; Steven Martin Salo has admitted to entering a treatment program in 1997, but relapsing, and again entering into a treatment program; and Steven Martin Salo has admitted to stealing and abusing controlled substances from his pharmacy employer. Such conduct indicates that Steven Martin Salo falls within the ambit of Divisions (A) and (B) of Section 3179.121 and Section 4729.16(A)(3) of the Ohio Revised Code.

(3) Steven Martin Salo did, on numerous occasions prior to June 13, 2000, with purpose to deprive, knowingly obtain or exert control over controlled substances, the property of the Ashtabula County Medical Center, beyond the express or implied consent of the owner, to wit: Steven Martin Salo has admitted to stealing Darvocet N-100, a Schedule IV controlled substance, and Acetaminophen with Codeine #3, a Schedule III controlled substance, from his employer for his personal abuse. 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 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.

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 Steven Martin Salo on October 3, 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. 03-3-14337, held by Steven Martin Salo and such suspension is effective as of the date of the mailing of this Order.

(A) Steven Martin Salo, 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) Steven Martin Salo, 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 two years from the effective date of this Order, the Board will consider any petition filed by Steven Martin Salo 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) Steven Martin Salo 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) Opiates, propoxyphene, 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.

(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) Steven Martin Salo 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, Steven Martin Salo 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 Mrs. Adelman and approved by the Board (Aye-8/Nay-0).

1:27 p.m.

The Board took a brief recess.

1:36 p.m.

The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of conducting an adjudication hearing in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of 1stonlinepharmacy.com, T.D., Morrisville, NC. President Neuber announced that Mr. Giacalone would not participate in the hearing nor in its deliberations by the Board. Mr. Giacalone left the meeting.

3:26 p.m.

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

3:35 p.m.

The Executive Session ended and the meeting was opened to the public. The hearing in the matter of 1stonlinepharmacy.com was recessed to allow the parties involved to prepare an agreement for the Board’s consideration.

3:45 p.m.

RES. 2001-113 Mr. Winsley distributed information about the National Association of Boards of Pharmacy Annual Meeting in Seattle, Washington on May 5-9, 2001. After discussion, Ms. Abele moved that President Neuber and Mr. Winsley be authorized to attend this meeting, that their expenses be paid by the Board, and that the time spent at the meeting be considered as time worked. The motion was seconded by Mrs. Adelman and approved by the Board (Aye-7/Nay-0).

3:59 p.m.

Mrs. Adelman and Mr. Benedict presented the Probation Report. There were no matters requiring action by the Board.

4:08 p.m.

Mr. Keeley presented a brief financial report to the Board.

4:17 p.m.

Mr. Keeley and Mr. Benedict discussed pending and proposed legislation with the Board. There were no matters requiring Board action.

4:30 p.m.

RES. 2001-114 Ms. Abele moved that the Board close the hearing in the matter of 1stonlinepharmacy.com and approve the following Agreement to settle the matter:

MEMORANDUM OF AGREEMENT

On this 6th day of February, 2001, the matter of 1stonlinepharmacy.com came on for administrative hearing before the Ohio State Board of Pharmacy. The administrative charges were through a Notice of Opportunity for Hearing dated September 1, 2000. Based upon the agreement of the parties as set forth herein, this matter is resolved based upon the following understandings and agreements:

1) 1stonlinepharmacy.com was licensed by the Ohio State Board of Pharmacy as a nonresident terminal distributor to distribute dangerous drugs at retail at the time of the mailing of the Notice of Opportunity for Hearing.

2) Subsequent to the issuance of said Notice, 1stonlinepharmacy.com voluntarily allowed its license to lapse, surrendered its license to the Board, and has not filed a renewal application as of this date. Said actions by 1stonlinepharmacy.com were not at the request of the Board or in any way compelled by the Board.

3) 1stonlinepharmacy.com agrees not to reapply for licensure in the State of Ohio under the current name or under any other name unless and until such time as it, and its owners and/or agents, engages in the practice of pharmacy consistent with Rule 4731-11-09 of the Ohio Administrative Code and Rule 4729-5-30 of the Ohio Administrative Code.

4) The parties agree that the execution of this Agreement is not an admission by 1stonlinepharmacy.com of the charges set forth in the Notice of Opportunity for Hearing.

5) The parties agree that this Agreement is not intended, nor shall it be construed, to be a disciplinary action by the Ohio State Board of Pharmacy.

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

4:35 p.m.

The meeting was recessed until Wednesday, February 7, 2001.

Wednesday, February 7, 2001

8:07 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:

Diane C. Adelman, R.Ph. (Vice-President); Ann D. Abele, 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.

In the absence of Board President Suzanne Neuber, Mrs. Adelman served as Chair for the meeting.

8:08 a.m.

The Board was joined by Sue Milne and Teresa Stir from the Board of Nursing to discuss questions from the Nursing Board’s Committee on Prescriptive Governance.

8:16 a.m.

Ms. Eastman arrived and joined the meeting in progress.

9:07 a.m.

The discussion ended and the Board took a brief recess.

9:18 a.m.

12:07 p.m.

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

1:15 p.m.

The Board meeting resumed in Room 1914 will all members present except Mrs. Neuber and Mr. Littlejohn.

1:21 p.m.

Mr. Littlejohn arrived and joined the meeting in progress.

1:24 p.m.

RES. 2001-115 After discussion, Ms. Abele moved that the following individuals be appointed to serve on the 2001 Ad Hoc Committee on Rule Review:

James E. Turner, R.Ph., Board Member

Robert P. Giacalone, R.Ph., Board Member

Karen M. Beard, R.Ph.

Dale A. Bertke, R.Ph.

Rachel E. Bihn, R.Ph.

Bonita S Caw, R.Ph.

Diane H. Gary, R.Ph.

Elizabeth I. Gregg, R.Ph.

Kevin L. Hornbeck, D.O.

Alicia S. Miller, R.Ph.

Gregory A. Paisley, R.Ph.

Robert M. Wagonblott, R.Ph.

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

1:26 p.m.

Mr. Kost and Ms. Abele gave their reports on the APN prescribing committees.

1:27 p.m.

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

2:50 p.m.

RES. 2001-116 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 Robert Garrity, R.Ph. (03-2-22864) 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-8/Nay-0).

2:55 p.m.

RES. 2001-117 Mrs. Adelman then moved that the Board adopt the following Order in the matter of Brenda S. Bland, R.Ph., Centerville:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-001208-026)

In The Matter Of:

BRENDA S. BLAND, R.Ph.

270 Boyce Road

Centerville, Ohio 45458

(R.Ph. No. 03-3-23037)

INTRODUCTION

THE MATTER OF BRENDA S. BLAND CAME FOR HEARING ON FEBRUARY 7, 2001, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: DIANE C. ADELMAN, R.Ph. (presiding); ANN D. ABELE, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; LAWRENCE J. KOST, R.Ph.; AMONTE B. LITTLEJOHN, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

BRENDA S. BLAND WAS NOT REPRESENTED BY COUNSEL, AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

(A) Testimony

State's Witnesses:

(1) Michael Cluxton, Ohio State Board of Pharmacy

Respondent's Witnesses:

(1) Brenda S. Bland, R.Ph., Respondent

(2) Eugene Bland, Respondent’s husband

(B) Exhibits

State's Exhibits:

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

(2) Exhibit 1A--Hearing Request letter date-stamped January 2, 2001.

(3) Exhibit 1B--Copy of Hearing Schedule letter dated January 9, 2001.

(4) Exhibit 1C--Copy of Pharmacist File computer record of Brenda S. Bland showing original date of registration as January 27, 2000.

(5) Exhibit 1D--Copy of Hearing Schedule letter dated January 3, 2001.

(6) Exhibit 2--Copy of prescription number 4430587.

(7) Exhibit 3--Copy of Statement of Gary Hochstein, D.D.S. signed and notarized on June 6, 2000.

(8) Exhibit 4--Copy of Statement of Brenda Bland signed and notarized on June 6, 2000.

(9) Exhibit 5--Copy of Statement of Lisa M. Ross signed and notarized on June 7, 2000.

(10) Exhibit 6--Copy of Statement of Tracy Brandenburg signed and notarized on June 15, 2000.

(11) Exhibit 7--Copy of four-page Indictment of Brenda Sue Bland, No. 2000 CR 01840, in the Montgomery County Court of Common Pleas, dated August 3, 2000.

(12) Exhibit 8--Copy of "Application For Intervention In Lieu Of Conviction", State of Ohio vs. Brenda Bland, Case No. 00-CR-1840, in the Montgomery County Court of Common Pleas dated August 30, 2000.

(13) Exhibit 9--Copy of "Decision and Order of Treatment In Lieu Of Conviction", State of Ohio vs. Brenda S. Bland, Case No. 00-CR-1840, in the Montgomery County Court of Common Pleas dated September 20, 2000.

(14) Exhibit 10--Amber prescription vial labeled RX# 4430587 for Darvocet-N 100mg tab in the name of Terri A. Bland last filled on May 26, 2000, containing fifteen tablets of Darvocet-N 100mg.

(15) Exhibit 11--Copy of Statement of Jennifer Poppaw signed and notarized on June 7, 2000.

(16) Exhibit 12--Copy of prescription number 4429944.

(17) Exhibit 13--Amber prescription vial labeled RX# 6064330 for Desyrel tab 50mg in the name of Eugene Bland last filled December 30, 1999, containing two tablets of Darvocet-N 100mg.

(18) Exhibit 14--Copy of Statement of Raymond Luna, M.D. signed and notarized on June 7, 2000.

Respondent's Exhibits:

(1) Exhibit A--Certificate of Achievement awarded to Brenda Bland for Completion of the Chemical Dependency Education Program dated December 21, 2000.

(2) Exhibit B--Letter from Jeffrey R. Wilbert, PhD, Clinical Psychologist, dated February 2, 2001.

(3) Exhibit C--Two-page letter from Christine Bland, not dated.

(4) Exhibit D--Letter from Terri Bland dated February 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 Brenda S. Bland was originally licensed in the state of Ohio on January 27, 2000, pursuant to examination. On December 8, 2000, Brenda S. Bland's license was summarily suspended in accordance with Section 3719.121 of the Ohio Revised Code.

(2) Brenda S. Bland did, on or about May 26, 2000, intentionally make and/or knowingly possess a false or forged prescription, to wit: when documenting a telephone prescription for her daughter for ten units of Darvocet-N-100mg, having no refills and not written “DAW,” Brenda S. Bland wrote the prescription for thirty units of Darvocet-N 100mg, having one refill, and being written as “DAW.” Such conduct is in violation of Section 2925.23 of the Ohio Revised Code.

(3) Brenda S. Bland did, on or about April of 2000, knowingly sell a controlled substance in an amount less than the bulk amount when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: when one of Brenda S. Bland's pharmacy technicians became distraught at work over a personal situation, without a valid prescription, Brenda S. Bland gave the technician a tablet of alprazolam, a schedule III controlled substance, to calm her down and prevent her from leaving the pharmacy. Such conduct is in violation of Section 2925.03(A) of the Ohio Revised Code.

(4) Brenda S. Bland did, on or about April 6, 2000, intentionally create and/or knowingly possess a false or forged prescription, to wit: Brenda S. Bland has admitted to creating telephone prescription number 4429944 for 30 Darvocet-N 100mg, DAW, for her own personal use when it was not issued by an authorized prescriber. Such conduct is in violation of Section 2925.23 of the Ohio Revised Code.

(5) Brenda S. Bland did, on or about unknown dates prior to June 6, 2000, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Kroger Pharmacy, beyond the express or implied consent of the owner, to wit: Brenda S. Bland has admitted to stealing Darvocet-N 100mg and Trazodone without authorization: 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 (5) 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) through (5) 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 her 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) through (4) 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 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 Brenda S. Bland on December 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. 03-3-23037, held by Brenda S. Bland and such suspension is effective as of the date of the mailing of this Order.

(A) Brenda S. Bland, 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) Brenda S. Bland, 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, on June 8, 2001, the Board will suspend the suspension provided that Brenda S. Bland meets the following requirements:

(A) Brenda S. Bland 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) Brenda S. Bland must provide 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 Brenda S. Bland's fitness for readmission into the practice of pharmacy;

(3) 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;

(4) Compliance with the terms of this Order.

(C) If reinstatement is not accomplished within three years of the effective date of this Order, Brenda S. Bland must show successful completion of the NAPLEX examination or an equivalent examination approved by the Board.

(D) Brenda S. Bland's license will be placed on probation for two 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 Brenda S. Bland'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) Brenda S. Bland may not serve as a responsible pharmacist.

(3) Brenda S. Bland may not destroy, assist in, or witness the destruction of controlled substances.

(4) Brenda S. Bland must not violate the drug laws of the state of Ohio, any other state, or the federal government.

(5) Brenda S. Bland must abide by the rules of the State Board of Pharmacy.

(6) Brenda S. Bland must comply with the terms of this Order.

Brenda S. Bland is hereby advised that the Board may at any time revoke probation for cause, modify the conditions of probation, and reduce or extend the period of probation. At any time during this period of probation, the Board may revoke probation for a violation occurring during the probation period.

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

MOTION CARRIED.

SO ORDERED.

The motion was seconded by Mr. Turner and approved by the Board (Aye-7/Nay-1).

3:01 p.m.

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

PER DIEM	01/11	02/05	02/06	02/07	Total
Abele	1	1	1	1	4
Adelman	-	1	1	1	3
Eastman	1	1	1	1	4
Giacalone	-	1	1	1	3
Littlejohn	-	1	1	1	3
Kost	-	1	1	1	3
Neuber	-	-	1	-	1
Teater	-	1	1	1	3
Turner	-	1	1	1	3

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

3:02 p.m.

Mr. Littlejohn 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 MARCH 7, 2001.