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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. |
Ohio State Board of Pharmacy
Columbus, Ohio
June 4, 5, 6, 2001
MONDAY, JUNE 4, 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.; 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; David Rowland, Legal Affairs Administrator; and Sally Ann Steuk, Assistant Attorney General.
8:11 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 of the Board regarding pending or imminent court actions pursuant to Section 121.22(G)(3) 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, Kost-Yes, Teater-Yes, and Turner-Yes.
9:55 a.m.
The Executive Session ended and the meeting was opened to the public.
9:59 a.m.
Ms. Abele moved that the Minutes of the May 15, 2001 Board meeting be approved as amended. The motion was seconded by Mrs. Teater and approved by the Board (Aye-7/Nay-0).
Mr. Winsley reviewed the status of the FY2002-2003 budget. The only change from the Board’s request and the Governor’s recommendations was that the Board remained in the 4K9 – Professional Licensing fund with the other licensing boards instead of moving to its own separate fund.
Mrs. Neuber reviewed the final version of the resolutions from the NABP Annual Meeting held in Seattle May 5-9, 2001.
Mr. Kost reported on the May meeting of the Committee on Prescriptive Governance. Ms. Abele reported that the Nursing Board Formulary Committee had not met but would be meeting later in the summer.
10:13 a.m.
RES. 2001-172 After discussion, Ms. Abele moved that Board staff be instructed to file the following rules which were the subject of the Public Rules Hearing on May 15, 2001 so that they could be effective as of July 1, 2001. The motion was seconded by Mr. Kost and approved by the Board (Aye-7/Nay-0).
4729-5-14 PRESCRIPTION FORMAT FOR A HOSPICE OUTPATIENT.
FOR PURPOSES OF PREPRINTED PRESCRIPTION FORMS FOR
HOSPICE OUTPATIENTS, THE FOLLOWING CONDITIONS APPLY:
(A) PREPRINTED PRESCRIPTION FORMS MAY CONTAIN MULTIPLE ORDERS ON ONE
FORM AND THE PRESCRIBER MAY SELECT AS MANY DRUG ORDERS AS NECESSARY. ADDITIONAL PRESCRIPTIONS MAY BE MANUALLY
ADDED TO THIS SHEET.
(B) PREPRINTED FORMS MAY NOT CONTAIN PRESCRIPTION ORDERS FOR
SCHEDULE II DRUGS. SCHEDULE II
DRUGS MAY BE MANUALLY ADDED TO THE PREPRINTED FORMS AND SIGNED BY THE
PRESCRIBER.
(C) THE PRESCRIBER SHALL INDICATE ON EACH PREPRINTED FORM THE DRUG
ORDERS AUTHORIZED ON THE FORM BY EITHER:
(1) MANUALLY INDICATING THE TOTAL DRUG ORDERS AUTHORIZED ON THE
FORM; OR
(2) MANUALLY INITIALING EACH DRUG ORDER.
(D) ALL WRITTEN DRUG ORDERS MUST BE SIGNED BY THE PRESCRIBER.
(E) ALL SIGNED PRESCRIPTIONS MAY BE FAXED FROM THE PRESCRIBER OR THE
HOSPICE LOCATION TO THE PHARMACY.
(F) AT THE DIRECTION OF THE PRESCRIBER, VERBAL DRUG ORDERS MAY BE
TRANSMITTED TO THE PHARMACY BY THE HOSPICE NURSE, EXCEPT FOR SCHEDULE II
DRUG ORDERS.
4729-5-27 Recordkeeping.
The following recordkeeping requirements do not
apply to records relating to the practice of pharmacy for an inpatient as
defined in rule 4729-17-01 of the Administrative Code.
(A) There must be positive identification of the pharmacist or pharmacists
responsible for performing all activities relating to the practice of pharmacy
including, but not limited to:
(1) Prescription information entered into the recordkeeping system;
(2) Prospective drug utilization review as defined in rule 4729-5-20
of the Administrative Code;
(3) Dispensing;
(4) Patient counseling;
(5) ADMINISTERING ADULT IMMUNIZATIONS.
(B) When a pharmacist
dispenses a drug pursuant to an original prescription, he/she must record the
date of such dispensing and either manually record his/her name or initials on
the original prescription or, if approved by the state board of pharmacy, enter
his/her positive identification into the computerized recordkeeping system as
required in rule 4729-5-28 of the Administrative Code. If an alternate recordkeeping system is
being used pursuant to this rule, the record of dispensing the original
prescription must also be recorded in the alternate recordkeeping system.
(C) When a pharmacist dispenses a drug pursuant to an authorized
refill of a prescription, he/she must record the date of such dispensing and
manually record his/her name or initials on the original prescription or enter
such information on an alternate record meeting the requirements of this
rule. If an alternate recordkeeping
system is being used pursuant to this rule, this alternate record must be used
to record the dispensing of all prescriptions.
(D) The quantity dispensed shall be considered the quantity
prescribed unless:
(1) If the quantity dispensed on a new prescription is less than the
quantity prescribed, the pharmacist shall note the quantity dispensed on the
original prescription. If the quantity
dispensed on a new prescription is greater than the quantity prescribed, the
pharmacist shall also record on the original prescription the date and time
that the prescriber was contacted and approval obtained.
(2) If the quantity dispensed on a refill prescription is less than
the quantity prescribed, the pharmacist shall note the quantity dispensed on
the original prescription or enter the quantity dispensed on an alternate
record meeting the requirements of this rule.
If the quantity dispensed on a refill prescription is greater than the
quantity prescribed, the pharmacist shall also record the date and time that
the prescriber was contacted and approval obtained.
(E) Where a prescription is written using a generic name, or where the
pharmacist dispenses an equivalent drug product pursuant to the provisions of
sections 4729.38 and 4729.381 of the Revised Code, the brand name or drug name
and name of the manufacturer or distributor of the drug or the national drug
code (NDC) number of the drug dispensed must be recorded on the record of
dispensing by the pharmacist.
(F) Records of dispensing drugs must provide accountability and
ensure that patients do not receive more drugs than intended by the prescriber. All recordkeeping systems shall provide
records which are readily retrievable and uniformly maintained for a period of
three years from the date of the last dispensing.
(G) If an alternate recordkeeping system is
being used pursuant to this rule, such record shall include at a minimum the
following data:
(1) The serial number assigned to and recorded on the original prescription
preserved on file at the pharmacy in accordance with section 4729.37 of the
Revised Code.
(2) Name, strength, and dosage form of the drug
dispensed.
(3) Date of dispensing (filling or refilling).
(4) Quantity dispensed. If
the quantity dispensed is greater than that prescribed, the pharmacist must
record the date and time that he/she contacted the prescriber and obtained
approval.
(5) The positive identification of the dispensing pharmacist.
(H) All records relating to the practice of pharmacy shall be
readily available, and promptly produced, upon request for inspection by a
state board of pharmacy officer, agent, and/or inspector during regular
business hours.
(I) All prescriptions or other records relating to the practice of
pharmacy, which are required to be kept for three years according to section
4729.37 of the Revised Code, may be microfilmed or placed on electronic, magnetic
media. The microfilm or electronic,
magnetic media used for this purpose must comply with the "International
Standards Organization" standards of quality approved for permanent
records. Such records are subject to
all other paragraphs of this rule.
(J) Any pharmacy intending to maintain records relating to the
practice of pharmacy at a location other than the place licensed with the state
board of pharmacy must first send written notification to the state board of
pharmacy by certified mail, return receipt requested. If not contested within sixty days of receipt by the state board
of pharmacy office, such request will stand as approved.
(K) RECORDS SHALL BE MAINTAINED FOR THREE YEARS ON ALL ADULT IMMUNIZATIONS
ADMINISTERED PURSUANT TO SECTION 4729.41 OF THE REVISED CODE AND
MUST INCLUDE AT LEAST THE FOLLOWING INFORMATION:
(1) FULL NAME AND ADDRESS OF THE PATIENT;
(2) PATIENT’S DATE OF BIRTH OR AGE;
(3) PATIENT’S GENDER;
(4) PATIENT’S APPLICABLE ALLERGY INFORMATION;
(5) DATE OF ADMINISTRATION BY THE PHARMACIST;
(6) NAME, STRENGTH, AND DOSE OF THE ADULT IMMUNIZATION ADMINISTERED;
(7) LOT NUMBER AND EXPIRATION DATE OF THE IMMUNIZATION;
(8) ROUTE OF ADMINISTRATION;
(9) LOCATION OF THE INJECTION SITE;
(10) POSITIVE IDENTIFICATION OF THE ADMINISTERING PHARMACIST;
(11) DOCUMENTATION OF PATIENT INFORMED CONSENT.
(L) A PHARMACIST WHO ADMINISTERS ADULT
IMMUNIZATIONS PURSUANT TO SECTION 4729.41 OF THE REVISED CODE
SHALL MAINTAIN AND IMMEDIATELY MAKE AVAILABLE, UPON THE REQUEST OF THE STATE
BOARD OF PHARMACY, THE FOLLOWING RECORDS:
(1) DOCUMENTATION OF THE SUCCESSFUL COMPLETION OF A BOARD-APPROVED
COURSE IN THE ADMINISTRATION OF ADULT IMMUNIZATIONS;
(2) DOCUMENTATION OF THE CERTIFICATION TO PERFORM BASIC LIFE-SUPPORT
PROCEDURES PURSUANT TO DIVISION (B)(2) OF SECTION 4729.41 OF THE REVISED
CODE.
4729-5-28 Computerized recordkeeping
systems.
If a computerized recordkeeping system is being used
as an alternate recordkeeping system pursuant to rule 4729-5-27 of the
Administrative Code, the following requirements must be met:
(A) The system must be capable of providing immediate retrieval (via
CRT display and hard-copy printout or other mutually agreeable transfer medium)
of patient profile information for all prescriptions filled within the
previous twelve months and retrieval within three working days, excluding
weekends and holidays, of all prescriptions dispensed within the previous
thirty-six months. This information
shall include at least, but is not limited to, the following data:
(1) The original prescription number;
(2) Date of issuance of the original prescription order by the
prescriber;
(3) Date of dispensing by the pharmacist;
(4) Full name and address of the patient;
(5) Full name and address of the prescriber;
(6) Directions for use;
(7) The name, strength, dosage form, and quantity of the drug
prescribed;
(8) The quantity dispensed if different from the
quantity prescribed;
(9) Positive identification of the pharmacist responsible for prescription
information entered into the computer system, the pharmacist responsible for
prospective drug utilization review as defined in rule 4729-5-20 of the Administrative
Code, and the pharmacist responsible for dispensing, if a board approved
system;
(10) The total number of refills authorized by
the prescriber;
(11) The refill history of the prescription as
defined in paragraph (B) of this rule.
(B) The refill history of the prescription must
include, but is not limited to:
(1) The prescription number;
(2) The name and strength of the drug dispensed;
(3) The date of refill;
(4) The quantity dispensed;
(5) The positive identification of the pharmacist responsible for
prospective drug utilization review as defined in rule 4729-5-20 of the
Administrative Code and the pharmacist responsible for dispensing for each
refill, if a board approved system;
(6) The total number of refills dispensed to date for that prescription
order.
(C) Documentation of the fact that the prescription refill
information entered into the automated data processing system is correct must
be provided by each individual pharmacist who makes use of such system by one
of the following methods:
(1) Positive identification, as defined in rule 4729-5-01 of the
Administrative Code, of the pharmacist responsible for each data entry. If this method is used, the automated data
processing system must have a daily backup;
(2) A hard-copy printout of each day's prescription refill data that
shall include, at a minimum, the following data:
(a) Date of dispensing;
(b) Prescription number;
(c) Patient name;
(d) Name, strength (if applicable), and quantity of drug;
(e) Identification of pharmacy and pharmacist;
(f) Identification of controlled substances.
This printout must be
verified, dated, and signed by each individual pharmacist who dispensed a prescription
that day. The pharmacist must verify
that the data on the printout is complete and correct and sign a statement to
that effect on the document as he/she would sign a check or legal document
(e.g., J. H. Smith or Jane H. Smith).
These documents must be maintained in chronological order in a separate
file at the licensed location where the drug was dispensed for a period of
three years from the date of dispensing.
If the printout is prepared at a location other than that where the drug
was dispensed, the printout must be provided to the licensed location within
three working days, excluding holidays and weekends, of the date on which the
drugs were dispensed. Such printouts
must be verified and signed by each pharmacist who dispensed drugs within
twenty-four hours of the date the printout is received;
(3) A tamper-evident log book in which shall be entered, at a minimum,
the date of dispensing and prescription number. The dispensing pharmacist must manually record his/her name or
initials on each log book entry at the time of dispensing each refill; or
(4) Each individual pharmacist involved in dispensing drugs must
enter into a tamper-evident log book, at a minimum, the following data for
each prescription refilled:
(a) Date of dispensing;
(b) Prescription number;
(c) Patient name;
(d) Name, strength (if applicable), and quantity of drug;
(e) Identification of the pharmacist;
(f) Identification of controlled substances.
Each individual pharmacist involved
in dispensing drugs must review this information at the end of each day and
then must sign a statement in the log book attesting to the fact that the prescription
information entered into the computer that day and recorded in the log book
has been reviewed by him/her and is correct as shown.
(D) Any such computerized recordkeeping system must have the
capability of producing a printout of any prescription data which the user
pharmacy is responsible for maintaining pursuant to federal and state laws and
their implementing regulations and rules within three working days of a request
being submitted by an individual authorized by law to access such records.
(E) Prescriptions entered into a computer system but not dispensed
must meet all of the following conditions:
(1) The complete prescription information must be entered in the
computer system;
(2) The information must appear in the patient's profile;
(3) There is positive identification, in the computer system or on
the hard-copy prescription, of the pharmacist who is responsible for entering
the prescription information into the system; and
(4) The original prescription is filed according to rule 4729-5-09
of the Administrative Code.
(F) In the event that the computerized recordkeeping system
experiences down-time, a record of all refills dispensed during such time must
be recorded on the back of the original prescription. The refill information must be entered into
the computerized recordkeeping system as soon as it is available for use. During the time the computerized
recordkeeping system is not available, prescriptions may be refilled only if,
in the professional judgment of the pharmacist, the number of refills
authorized by the prescriber has not been exceeded.
(G) A pharmacy purging a computerized recordkeeping system of
prescription records must develop a method of recordkeeping capable of providing
retrieval (via CRT display, hard-copy printout, or other mutually agreeable
transfer medium) within three working days, excluding holidays and weekends, of
prescription order information for all prescriptions filled or refilled within
the previous three years. This
information shall include, at a minimum, the following data:
(1) Pharmacy name and address;
(2) Original prescription number;
(3) Date of issuance of the original prescription order by the
prescriber;
(4) Date of original dispensing by the pharmacist;
(5) Full name and address of the patient;
(6) Full name and address of the prescriber;
(7) Directions for use;
(8) Name, strength, dosage form, and quantity of the drug
prescribed;
(9) Quantity dispensed if different from the quantity prescribed;
(10) Total number of refills authorized by the
prescriber;
(11) Total number of refills dispensed to date
for that prescription order;
(12) Date of each refill;
(13) Name or initials of the dispensing
pharmacist.
Such data must be accessible
by patient profile, alphabetically, or serially by prescription number.
(H) A log must be maintained of all changes made to a prescription
record after the prescription has been dispensed. Such log may be accessible to the pharmacist for review, but
shall be protected from being altered in any way. The log must contain at least, but is not limited to, the following:
(1) Date and time of change;
(2) Changes made;
(3) Pharmacist making the change.
(I) THE SYSTEM MUST BE CAPABLE OF PROVIDING
IMMEDIATE RETRIEVAL (VIA CRT DISPLAY AND HARD-COPY PRINTOUT OR OTHER
MUTUALLY AGREEABLE TRANSFER MEDIUM) OF PATIENT INFORMATION FOR ALL ADULT
IMMUNIZATIONS ADMINISTERED PURSUANT TO SECTION 4729.41 OF THE REVISED CODE
WITHIN THE PREVIOUS TWELVE MONTHS AND RETRIEVAL WITHIN THREE WORKING DAYS,
EXCLUDING WEEKENDS AND HOLIDAYS, OF ALL ADULT IMMUNIZATIONS ADMINISTERED
WITHIN THE PREVIOUS THIRTY-SIX MONTHS.
THIS INFORMATION SHALL INCLUDE AT LEAST THE FOLLOWING:
(1) FULL NAME AND ADDRESS OF THE PATIENT;
(2) PATIENT’S DATE OF BIRTH;
(3) PATIENT’S GENDER;
(4) PATIENT’S APPLICABLE ALLERGY INFORMATION;
(5) DATE OF ADMINISTRATION BY THE PHARMACIST;
(6) NAME, STRENGTH, AND DOSE OF THE ADULT IMMUNIZATION ADMINISTERED;
(7) LOT NUMBER AND EXPIRATION DATE OF THE IMMUNIZATION;
(8) ROUTE OF ADMINISTRATION;
(9) LOCATION OF THE INJECTION SITE;
(10) POSITIVE IDENTIFICATION OF THE ADMINISTERING PHARMACIST;
(11) DOCUMENTATION OF PATIENT INFORMED CONSENT.
4729-5-36 COURSE
REQUIREMENTS IN THE ADMINISTRATION OF ADULT IMMUNIZATIONS.
(A) A COURSE IN THE ADMINISTRATION OF ADULT IMMUNIZATIONS DEVELOPED
PURSUANT TO DIVISION (B)(1) OF SECTION 4729.41 OF THE REVISED CODE
SHALL MEET AT LEAST THE FOLLOWING REQUIREMENTS:
(1) THE INSTRUCTOR SHALL BE A LICENSED HEALTH CARE PROFESSIONAL AND
HAVE THE APPROPRIATE EDUCATION AND EXPERIENCE TO TEACH A COURSE IN THE
ADMINISTRATION OF ADULT IMMUNIZATIONS.
(2) THE CONTENT MUST MEET THE
STANDARDS ESTABLISHED FOR SUCH COURSES BY THE CENTERS FOR DISEASE CONTROL AND
PREVENTION IN THE PUBLIC HEALTH SERVICE OF THE UNITED STATES
DEPARTMENT OF HEALTH AND HUMAN SERVICES.
(3) THE COURSE MUST BE A MINIMUM OF FIVE HOURS IN LENGTH AND INCLUDE
AT LEAST THE FOLLOWING:
(a) A REVIEW OF IMMUNOLOGY THAT INCLUDES A DISCUSSION OF THE BODY’S
IMMUNE SYSTEM REACTION TO THE IMMUNIZATIONS.
(b) A REVIEW OF EACH IMMUNIZATION LISTED IN DIVISION (A) OF SECTION
4729.41 OF THE REVISED CODE THAT INCLUDES THE FOLLOWING:
(i) DISEASE
STATES ASSOCIATED WITH THE IMMUNIZATION;
(ii) TYPE OR NATURE
OF ACTIVITY OF THE IMMUNIZATION;
(iii) APPROPRIATE
ADMINISTRATION SCHEDULES;
(iv) APPROPRIATE
ROUTES OF ADMINISTRATION;
(v) APPROPRIATE
INJECTION SITES;
(vi) APPROPRIATE
DOSAGES;
(vii) APPROPRIATE
MONITORING OF THE PATIENT FOR ADVERSE REACTIONS;
(viii) APPROPRIATE PATIENT POPULATIONS;
(ix) PRECAUTIONS
AND CONTRAINDICATIONS;
(x) PROPER
STORAGE REQUIREMENTS FOR THE IMMUNIZATION.
(c) A REVIEW OF STERILE TECHNIQUE IN INJECTABLE DOSAGE PREPARATION
AND ADMINISTRATION.
(d) A MINIMUM OF ONE HOUR OF INSTRUCTION AND PHYSICAL PARTICIPATION
IN ADMINISTRATION TECHNIQUES.
(e) A REVIEW OF THE PROPER DISPOSAL PROCEDURES FOR CONTAMINATED
NEEDLES AND IMMUNIZATIONS.
(f) A REVIEW OF THE PROPER PROCEDURES FOR ACCIDENTAL NEEDLE STICKS.
(4) THE COURSE MUST PROVIDE A METHOD TO EVALUATE THE SUCCESSFUL
MASTERY OF THE CONTENT.
(B) ALL COURSES IN ADULT IMMUNIZATIONS MUST BE SUBMITTED TO THE
STATE BOARD OF PHARMACY FOR APPROVAL.
THE COURSES MAY BE REVIEWED WITH THE STATE MEDICAL BOARD AND THE BOARD
OF NURSING, AS APPROPRIATE. ANY
SUBSEQUENT REVISIONS TO THE COURSE, AFTER THE INITIAL APPROVAL, MUST BE
SUBMITTED TO THE STATE BOARD OF PHARMACY FOR APPROVAL.
4729-5-37 PROTOCOLS FOR THE
ADMINISTRATION OF ADULT IMMUNIZATIONS.
(A) TO BE CONSIDERED AN APPROVED PROTOCOL PURSUANT TO DIVISION
(B)(3) OF SECTION 4729.41 OF THE REVISED CODE, THE
PHYSICIAN-ESTABLISHED PROTOCOL FOR THE ADMINISTRATION OF ADULT IMMUNIZATIONS
MUST INCLUDE AT LEAST THE FOLLOWING:
(1) FOR EACH IMMUNIZATION LISTED IN DIVISION (A) OF SECTION
4729.41 OF THE REVISED CODE:
(a) NAME AND STRENGTH;
(b) PRECAUTIONS AND CONTRAINDICATIONS;
(c) INTENDED AUDIENCE OR PATIENT POPULATION;
(d) APPROPRIATE DOSAGE;
(e) APPROPRIATE ADMINISTRATION SCHEDULES;
(f) APPROPRIATE ROUTES OF ADMINISTRATION;
(g) APPROPRIATE INJECTION SITES.
(2) THE LENGTH OF TIME THE PHARMACIST MUST OBSERVE
AN INDIVIDUAL FOR ADVERSE EFFECTS, WHICH SHALL BE BASED ON APPROPRIATE
STANDARDS OF CARE ESTABLISHED BY THE PHYSICIAN. THE LOCATION OF THE OBSERVATION SHALL BE IN THE GENERAL VICINITY
OF THE ADMINISTERING PHARMACIST TO ALLOW FOR ON-GOING EVALUATION.
(3) A METHOD TO ADDRESS EMERGENCY SITUATIONS INCLUDING, BUT NOT
LIMITED TO, ADVERSE REACTIONS, ANAPHYLACTIC REACTIONS, AND ACCIDENTAL NEEDLE
STICKS.
(4) A METHOD TO NOTIFY AN INDIVIDUAL’S PHYSICIAN OR THE APPLICABLE
BOARD OF HEALTH WITHIN THIRTY DAYS AFTER ADMINISTERING AN IMMUNIZATION.
(B) ALL PHYSICIAN-ESTABLISHED PROTOCOLS MUST BE SIGNED AND DATED BY
THE PHYSICIAN PRIOR TO IMPLEMENTATION AND MAINTAINED BY THE ADMINISTERING
PHARMACIST. THE PHARMACIST MUST RENEW
THE PROTOCOL ANNUALLY WITH THE PHYSICIAN.
(C) UPON THE REQUEST OF THE STATE BOARD OF PHARMACY, A PHARMACIST
SHALL IMMEDIATELY PROVIDE THE PROTOCOLS FOR ADULT IMMUNIZATIONS PURSUANT TO
DIVISION (B)(3) OF SECTION 4729.41 OF THE REVISED CODE. THE STATE BOARD OF PHARMACY, AFTER REVIEW,
MAY APPROVE THE PROTOCOL OR RETURN IT TO THE PHARMACIST FOR REVISION WITHOUT
APPROVAL. IF A PROTOCOL HAS BEEN
RETURNED FOR REVISION WITHOUT APPROVAL, IT MAY NOT BE IMPLEMENTED UNTIL THE
BOARD HAS APPROVED IT. THE STATE BOARD
OF PHARMACY MAY REVIEW THE PROTOCOLS WITH THE STATE MEDICAL BOARD AND THE BOARD
OF NURSING, AS APPROPRIATE.
4729-29-05 Signatures required on a
consult agreement. (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.
10:15 a.m.
The Board took a brief recess.
10:33 a.m.
The Board was joined by Lynn Offenhartz of ePhysician to continue the discussion of ePhysician’s electronic prescribing program that was originally considered by the Board during the April meeting. Ms. Offenhartz was not present during the Board’s discussion in April and wished to make a personal presentation to the Board. After discussion, the meeting with Ms. Offenhartz ended. Mrs. Neuber informed Ms. Offenhartz that the Board would discuss her issues during the meeting and would respond through Board staff.
11:01 a.m.
The Board was then joined by Clifford Berman of Allscripts to consider Allscripts’ request for Board approval of a computer-generated prescription bearing a computer-generated signature to be given to patients for presentation to their pharmacy of choice. This issue had also been discussed by the Board at the April meeting. Since Mr. Berman was not present in April, he also wished to make a personal presentation to the Board. After discussion, the meeting with Mr. Berman ended. Mrs. Neuber informed Mr. Berman that the Board would discuss his issues during the meeting and would respond through Board staff.
11:28 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. The motion was seconded by Mr. Kost and a roll call vote was conducted by President Neuber as follows: Adelman-Yes, Abele-Yes, Eastman-Yes, Giacalone-Yes, Kost-Yes, Teater-Yes, and Turner-Yes.
11:40 a.m.
RES. 2001-173 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 Katherine Carson, R.Ph. (03-2-21062) due to the fact that a continuation of her 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).
11:45 a.m.
The Board recessed for lunch.
1:02 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.; Dorothy S. Teater, Public Member; and James E. Turner, R.Ph.
Mr. Rowland introduced a new Board employee, Debra Spangler, who is a Legal Affairs Secretary.
1:08 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 William Andrick Emery, R.Ph., Copley.
2:22 p.m.
The hearing ended and the record was closed. The Board took a brief recess.
2:31 p.m.
The meeting resumed. Mr. Keeley discussed his legislative report with the Board. There were no items requiring official action by the Board.
Mr. Benedict reported that there had been no Medical Board Prescribing Committee meeting since the May meeting.
RES. 2001-174 Mr. Benedict presented a request from George Brown, 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. The Board had previously allowed him to serve as responsible pharmacist at Samaritan Hospital (02-0030000) and Peoples Hospital (02-1012750). He was asking the Board’s permission to be responsible pharmacist at Samaritan Pharmacy (02-0430100) for a short term until a new pharmacist can be recruited. After discussion, Ms. Eastman moved that the request for Samaritan Pharmacy be approved for a four month period. The motion was seconded by Mrs. Adelman and approved by the Board (Aye-6/Nay-0/Abstain-1[Abele]).
RES. 2001-175 Mr. Benedict next presented a request from John Hanna, 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, Mrs. Adelman moved that the request be approved for one year at the following two locations:
Adena Regional Medical Center (02-0041000)
Greenfield Area Medical Center (02-0041250)
The motion was seconded by Mr. Turner and approved by the Board (Aye-7/Nay-0).
3:10 p.m.
Amonte Littlejohn, Board member, arrived and joined the meeting in progress.
RES. 2001-176 Mr. Winsley then presented a request from CHD Meridian Healthcare for an exemption from the requirements of Administrative Code Rule 4729-5-10 (Pick-up station). After discussion, the consensus of the Board was that, rather than grant an exemption, CHS Meridian Healthcare should be asked to review the requirements of the rule as it is written and determine how they can comply with the rule as written.
RES. 2001-177 The Board next discussed the request for Board approval made by ePhysician regarding their electronic prescribing system. The consensus of the Board was that the system would be approvable when ePhysician has implemented their automatic alert with mandatory printing that was proposed to the Board to meet the requirement of positive identification of the prescriber. Until this or some other acceptable means of positive identification is available, the system may not be used for electronic transmission.
RES. 2001-178 The Board then discussed the request by Allscripts to allow the use of a computer-generated prescriber’s signature on prescriptions issued to patients through their system. Ms. Abele moved that the Board deny the request and continue to require manual signatures on all prescriptions issued to patients. The motion was seconded by Mr. Turner and approved by the Board (Aye-7/Nay-1).
4:12 p.m.
Ms. Abele moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code. The motion was seconded by Mr. Littlejohn and a roll call vote was conducted by President Neuber as follows: Adelman-Yes, Abele-Yes, Eastman-Yes, Giacalone-Yes, Kost-Yes, Littlejohn-Yes, Teater-Yes, and Turner-Yes.
4:30 p.m.
RES. 2001-179 The Executive Session ended and the meeting was opened to the public. Mr. Turner moved that the Board adopt the following Order in the matter of William Andrick Emery, R.Ph.:
ORDER OF THE STATE BOARD OF PHARMACY
(Docket
No. D-010309-041)
In
The Matter Of:
WILLIAM ANDRICK EMERY, R.Ph.
3800 Fairway Park Drive, #214
Copley, Ohio 44321
(R.Ph. No. 03-1-20823)
INTRODUCTION
THE MATTER OF WILLIAM ANDRICK EMERY CAME FOR HEARING
ON JUNE 4, 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.; DOROTHY S.
TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.
WILLIAM ANDRICK EMERY WAS REPRESENTED BY DUARD D.
BRADSHAW, AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT
ATTORNEY GENERAL.
SUMMARY OF EVIDENCE
(A) Testimony
State's Witnesses:
(1) Thomas
Miksch, Ohio State Board of Pharmacy
Respondent's Witnesses:
(1) William
Andrick Emery, R.Ph., Respondent
(B) Exhibits
State's Exhibits:
(1) Exhibit
1--Copy of three-page Notice of Opportunity for Hearing letter dated March 9,
2001.
(2) Exhibit
1A--Hearing Request letter from Duard D. Bradshaw dated March 20, 2001.
(3) Exhibit
1B--Copy of Hearing Schedule letter dated March 22, 2001.
(4) Exhibit
1C--Copy of Pharmacist computer record of William Andrick Emery showing
original date of registration as February 22, 1995.
(5) Exhibit
1D--Fax Cover Sheet and Confirmation of Hearing letter for William Andrick
Emery dated May 30, 2001.
(6) Exhibit
2--Copy of Intoxilyzer 5000 Test Report form of William Andrick Emery dated
August 24, 1997.
(7) Exhibit
3--Copy of Intoxilyzer test results by the Tallmadge Police Department of
William Andrick Emery dated August 24, 1997.
(8) Exhibit
4--Copy of Tallmadge Police Department Alcohol Influence Report of William
Andrick Emery dated August 24, 1997.
(9) Exhibit
5--Copy of Tallmadge Police Department Field Sobriety Tests results of William
Andrick Emery, not dated.
(10) Exhibit
6--Copy of two-page Tallmadge Police Department Investigative Report of William
Andrick Emery dated August 24, 1997.
(11) Exhibit
7--Copy of two Tallmadge Police Department traffic citations, numbered 41659
and 41660, of William Andrick Emery dated August 24, 1997.
(12) Exhibit
8--Copy of Journal Entry for William Andrick Emery in the Cuyahoga Falls
Municipal Court, Case No. 97-TR-C-15426, dated January 15, 1998.
(13) Exhibit
9--Copy of BAC DataMaster Test Report form of William Andrick Emery dated
October 12, 1999.
(14) Exhibit
10--Copy of BAC DataMaster test results by the Norton Police Department of
William Andrick Emery dated October 12, 1999.
(15) Exhibit
11--Copy of two-page Norton Police Department Alcohol Influence Report, Incident
No. 992178, of William Andrick Emery dated October 12, 1999.
(16) Exhibit
12--Copy of Norton Police Department traffic citation number 68339 of William
Andrick Emery dated October 12, 1999.
(17) Exhibit
13--Copy of three-page Barberton Municipal Court Transcript of Case Docket of
William A. Emery, Case No. TRC9908879A, dated August 9, 2000.
Respondent's Exhibits:
(1) Exhibit
A--Copy of Oriana House, Inc. Multiple Offender Program Discharge Report of
William A. Emery dated May 31, 2001.
(2) Exhibit
B--Copy of two-page Oriana House, Inc. Chemical Dependency Program Discharge
Summary of William Emery dated April 24, 2000.
(3) Exhibit
C--Copy of Oriana House, Inc. Intensive Outpatient Discharge Report of William
A. Emery dated May 31, 2001.
(4) Exhibit
D--Copy of letter from Sam DeSantis, R.Ph. dated May 28, 2001.
(5) Exhibit
E--Letter from William J. Hubert, R.Ph., not dated.
(6) Exhibit
F--Letter from Paul D. Montagno dated May 29, 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 William Andrick Emery was originally licensed in the State of
Ohio on February 22, 1995, pursuant to examination, and is currently licensed
to practice pharmacy in the State of Ohio.
Further, Board records indicate that William Andrick Emery is a
pharmacist at Summa Health System Hospital, 444 N. Main Street, Akron, Ohio
44310.
(2) William
Andrick Emery was convicted, on or about January 15, 1998, of Operating a
Motor Vehicle while Under the Influence, a misdemeanor of the first
degree. State of Ohio vs. William A.
Emery, (1997) 97-TRC-15426, Cuyahoga Falls Municipal Court. William Andrick Emery's breath-alcohol
content was 0.179 ml/litre. Such
conduct is in violation of Section 4511.19 of the Ohio Revised Code.
(3) William
Andrick Emery was convicted, on or about November 10, 1999, of Operating a
Motor Vehicle while Under the Influence, a misdemeanor of the first
degree. State of Ohio vs. William A.
Emery, (1999) 99-TRC-08879A, Barberton Municipal Court. William Andrick Emery's breath-alcohol
content was 0.212 ml/litre. Such
conduct is in violation of Section 4511.19 of the Ohio Revised Code.
CONCLUSION
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 abusing liquor
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 4729.16 of the Ohio Revised
Code, the State Board of Pharmacy hereby places on probation for one year the
pharmacist identification card, No. 03-1-20823, held by William Andrick Emery
effective as of the date of the mailing of this Order. The terms of probation are as follows:
(A) The
State Board of Pharmacy hereby declares that William Andrick Emery'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.
(B) William
Andrick Emery may not serve as a responsible pharmacist.
(C) William
Andrick Emery must not violate the drug laws of the State of Ohio, any other
state, or the federal government.
(D) William
Andrick Emery must abide by the rules of the State Board of Pharmacy.
(E) William
Andrick Emery must comply with the terms of this Order.
William Andrick Emery is
hereby advised that the Board may at any time revoke probation for cause,
modify the conditions of probation, and reduce or extend the period of
probation. At any time during this
period of probation, the Board may revoke probation for a violation occurring
during the probation period.
THIS ORDER WAS
APPROVED BY A VOTE OF THE STATE BOARD OF PHARMACY.
MOTION CARRIED.
SO ORDERED.
The motion was seconded by Mrs. Teater and approved by the Board (Aye-6/Nay-1/Abstain-1[Littlejohn]).
4:33 p.m.
The meeting was recessed until Tuesday, June 5, 2001.
tuesday, june 5, 2001
8:37 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.; Dorothy S. Teater, Public Member; and James E. Turner, R.Ph.
Mr. Giacalone and Mr. Kost reported on their attendance at a seminar on ethics for board members sponsored by the Governor’s office.
Mrs. Adelman and Mr. Benedict presented the Probation Report. There were no items requiring action by the Board.
RES. 2001-180 After discussion, Ms. Abele moved that the Board approve the attendance of Katherine McSorley, R.Ph. at the reciprocity hearing at 1:00 p.m. pending the arrival of her final application from the National Association of Boards of Pharmacy (NABP) and that staff be instructed to issue her pharmacist identification card upon receipt of a competed final application. The motion was seconded by Ms. Eastman and approved by the Board (Aye-7/Nay-0).
8:54 a.m.
Mr. Littlejohn arrived and joined the meeting in progress.
9:09 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 Randy Jones, Pharmacy Intern, Wheatland, PA.
11:40 a.m.
The hearing ended and the record was closed.
11:44 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. The motion was seconded by Mr. Littlejohn and a roll call vote was conducted by President Neuber as follows: Adelman-Yes, Abele-Yes, Eastman-Yes, Giacalone-Yes, Kost-Yes, Littlejohn-Yes, Teater-Yes, and Turner-Yes.
12:10 p.m.
RES. 2001-181 The Executive Session ended and the meeting was opened to the public. Mr. Giacalone moved that the Board adopt the following Order in the matter of Randy Jones, Pharmacy Intern:
ORDER OF THE STATE BOARD OF PHARMACY
(Docket
No. D-001206-025)
In
The Matter Of:
RANDY R. JONES
112
Beechwood Avenue
Wheatland,
Pennsylvania 16161
(D.O.B. 04/25/75)
INTRODUCTION
THE MATTER OF RANDY R. JONES CAME TO HEARING ON JUNE
5, 2001, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: SUZANNE 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.
RANDY R. JONES WAS REPRESENTED BY JERRY O. PITTS,
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, Ohio
State Board of Pharmacy
Respondent's Witnesses:
(1) Randy R. Jones,
Respondent
(2) Randolph Jones,
Father of Respondent
(B) Exhibits
State's Exhibits:
(1) Exhibit 1--Copy of
two-page Proposal to Deny/Notice of Opportunity For Hearing letter of Randy R.
Jones dated December 6, 2000.
(2) Exhibit 1A--Hearing
request letter from Randy Jones, not dated.
(3) Exhibit 1B--Copy of
Hearing Schedule letter dated December 22, 2000.
(4) Exhibit 1C--Copy of
Continuance Request Response letter dated February 26, 2001.
(5) Exhibit 1D--Copy of
Intern computer record of Randy Rodriquez Jones.
(6) Exhibit 2--Letter
from Randy Jones dated February 13, 1998.
(7) Exhibit 3--Two-page
letter, unsigned, received April 6, 1998.
(8) Exhibit 4--Copy of
Ohio State Board of Pharmacy Application For Examination As A Pharmacist of
Randy Rodriquez Jones, signed and notarized September 30, 2000.
(9) Exhibit 5--Copy of
eight pages of court records for State of Ohio vs. Randy R. Jones, Case
No. 972025-CRI, Hardin County Common Pleas Court.
(10) Exhibit 5A--Copy of Baldwin’s
Ohio Revised Code Annotated of Section 2903.12 Aggravated Assault, not dated.
(11) Exhibit 5B--Two-page copy of
Baldwin’s Ohio Revised Code Annotated of Section 2923.11 Definitions, not
dated.
(12) Exhibit 6--Ten-page copy of
Ada Police Department Offense Report of Randy R. Jones, dated March 14, 1997.
(13) Exhibit 7--Copy of Ada Police
Department Witness Statement of Eric Kloeppel, signed and notarized March 14,
1997.
(14) Exhibit 8--Copy of two-page
Ada Police Department Witness Statement of Ray Emlinger, signed and notarized
March 14, 1997.
(15) Exhibit 9--Copy of Ada Police
Department Witness Statement of Holly Williams, signed and notarized March 14,
1997.
Respondent's Exhibits:
(1) Exhibit A--Copy of letter
to Ohio State Board of Pharmacy from Randy Jones dated February 13, 1998.
(2) Exhibit B--Copy of
two-page letter to Ohio State Board of Pharmacy, not signed, received April 6,
1998.
(3) Exhibit C--Copy of
Application For Examination As A Pharmacist of Randy Rodriquez Jones, signed
and notarized September 30, 2000.
(4) Exhibit D--Copy of
two-page Bill of Particulars, State of Ohio vs. Randy R. Jones, Case No.
972025-CRI, Hardin County Common Pleas Court.
(5) Exhibit E--Copy of
letter to Lora Manon dated September 26, 1997; copy of five-page Plea of
Guilty, State of Ohio vs. Randy R. Jones, Case No. 972025-CRI, Hardin
County Common Pleas Court.
(6) Exhibit F--Copy of
Statement regarding Telephone Conference Call on May 31, 2001.
(7) Exhibit G--Copy of
nineteen-page report of interview of Ben Snell by Jim Wingate, Wingate
Investigations.
(8) Exhibit H--Copy of
fax cover sheet and Patient Note of Randy Jones from Dr. Howard Hall dated May
30, 2001.
(9) Exhibit I--Copy of
ASTOP, Inc. Discharge Summary, signed and dated September 15, 1997; Copy of
Conditions for Reinstatement of Driving Privileges of Randy R. Jones dated
December 30, 1996.
(10) Exhibit J--Fourteen pages of
copies of letters from the following: Brittney S. Strayer dated March 12, 2001;
Zoe Wagner, R.Ph. dated April 24, 2001; Joe Awais, R.Ph. dated April 24, 2001;
Ziad Mazloum dated April 23, 2001; David Woychik, R.Ph. dated May 26, 2001;
Raymond P. Myers, R.Ph. dated March 16, 2001; Carla M. DiMauro, R.Ph. dated
April 19, 2001; Vicki Vlahos Klaus, R.Ph., not dated; Martin L. Klaus, R.Ph.,
not dated; Ben Grilliot R.Ph., not dated; Stephanie Svetina dated April 25,
2001; Marcinda Franks dated April 24, 2001; Amanda R. Smith, CPhT dated April
20, 2001; Steve Barney, R.Ph. dated April 27, 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 Randy R. Jones submitted an application
for examination as a pharmacist on or about October 4, 2000. Records further indicate that Randy R. Jones
was originally licensed to practice as a pharmacy intern in the State of Ohio
on May 5, 1998, is currently licensed as an intern, and has passed an
examination to become a pharmacist.
(2) Randy R. Jones did,
on or about February 13, 1998, and again on or about October 4, 2000, knowingly
make a false statement with purpose to secure the issuance by a governmental
agency of a license or registration, to wit: Randy R. Jones falsified his
pharmacy intern application and his pharmacist examination application when
describing his past legal history.
Specifically, Randy R. Jones lied in his application about the events
that led to his conviction for Aggravated Assault, a felony of the third
degree. State of Ohio vs. Randy R.
Jones, Case No. 972025-CRI, Hardin County Common Pleas Court. Such conduct is in violation of Section
2921.13 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 having been convicted of a felony as
set forth in paragraph (A) of Rule 4729-5-04 of the Ohio Administrative Code.
(2) Upon consideration
of the record as a whole, the State Board of Pharmacy concludes that paragraph
(2) of the Findings of Fact constitutes not being of good moral character and
habits as set forth in paragraph (C) of Rule 4729-5-04 of the Ohio
Administrative Code.
ACTION
OF THE BOARD
Pursuant to Section 4729.08 of the Ohio Revised
Code, and upon consideration of the record as a whole, the State Board of
Pharmacy hereby approves the issuance of a certificate of registration as a
pharmacist.
Pursuant to Section 4729.16
of the Ohio Revised Code, and on the basis of the Findings of Fact and
Conclusions of Law set forth above, the State Board of Pharmacy hereby suspends
the pharmacist license of Randy R. Jones for six months from the date of the
mailing of this Order.
(A) Randy R. Jones is
not prohibited by Rule 4729-9-01(F) of the Ohio Administrative Code from being
employed by or working in a facility licensed by the State Board of Pharmacy
to possess or distribute dangerous drugs during such period of suspension.
(B) After six months
from the effective date of this Order, the Board will issue Randy R. Jones'
identification card and license to practice pharmacy provided that Randy R.
Jones has attended at least one Adjudication Hearing of the Board per month
during the six-month suspension.
(1) Randy
R. Jones' license will be placed on probation for five years effective as of
the date the identification card to practice pharmacy is issued. The terms of probation are as follows:
(a) The
State Board of Pharmacy hereby declares that Randy R. Jones' 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.
(b) Randy
R. Jones may not serve as a responsible pharmacist.
(c) Randy
R. Jones must not violate the drug laws of the state of Ohio, any other state,
or the federal government.
(d) Randy
R. Jones must abide by the rules of the State Board of Pharmacy.
(e) Randy
R. Jones must comply with the terms of this Order.
(2) Randy
R. Jones 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. Littlejohn and approved by the Board (Aye-8/Nay-0).
12:15 p.m.
The Board recessed for lunch.
1:00 p.m.
The Board convened in Room South A & B, 31st Floor, 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:
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.; Dorothy S. Teater, Public Member; and James E. Turner, R.Ph.
RES. 2001-182 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 Mrs. Teater and approved by the Board (Aye-8/Nay-0).
|
ISMAIL MOHAMMED ABUHANIEH |
|
MICHIGAN |
|
SANDRA SUE AXTELL |
|
NEW YORK |
|
COWAN CARTER EDWARDS |
|
VIRGINIA |
|
SHALINI GUPTA |
|
MICHIGAN |
|
MELISSA ANNE HILLIS |
|
KENTUCKY |
|
DIANA ANGELA JOHNSON |
|
PENNSYLVANIA |
|
THOMAS JOSEPH KOLENCIK, JR. |
|
PENNSYLVANIA |
|
KEVIN A. SANDER |
|
NEW YORK |
|
RAYMOND PAUL SILKAITIS |
|
ILLINOIS |
|
ROBERT KEITH SIMONS |
|
WEST VIRGINIA |
|
DOUGLAS WAYNE WILLIAMS |
|
MISSOURI |
|
KIM YVETTE WILSON |
|
ILLINOIS |
|
AYMAN FATHI YAHYA |
|
KENTUCKY |
1:32 p.m.
The Board reconvened in Room 1914 with all members present. 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 Jay Steven Belcher, R.Ph., Cincinnati.
3:00 p.m.
The hearing ended and the record was closed. The Board took a brief recess.
3:18 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 Michael J. Esber, R.Ph., Louisville.
5:04 p.m.
The hearing ended and the record was closed. The Board took a brief recess.
5:11 p.m.
Ms. Abele moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code. The motion was seconded by Mr. Littlejohn and a roll call vote was conducted by President Neuber as follows: Adelman-Yes, Abele-Yes, Eastman-Yes, Giacalone-Yes, Kost-Yes, Littlejohn-Yes, Teater-Yes, and Turner-Yes.
5:40 p.m.
RES. 2001-183 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 Jay Steven Belcher, R.Ph.:
ORDER OF THE STATE BOARD OF
PHARMACY
(Docket No. D-000208-043)
In The Matter Of:
JAY STEPHAN BELCHER, R.Ph.
1046 Westchester Way
Cincinnati, Ohio 45244
(R.Ph. No. 03-1-17435)
INTRODUCTION
THE MATTER OF JAY STEPHAN
BELCHER CAME FOR HEARING ON JUNE 5, 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.
JAY STEPHAN BELCHER WAS REPRESENTED BY DAVID L. KERR
AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY
GENERAL.
SUMMARY
OF EVIDENCE
(A) Testimony
State's Witnesses:
(1) None
Respondent's Witnesses:
(1) Jay
Stephan Belcher, Respondent
(2) James
Liebetrau, R.Ph.
(3) Wayne
C. Miller, R.Ph.
(B) Exhibits
State's Exhibits:
(1) Exhibit
1--Copy of six-page Order of the State Board of Pharmacy, Docket No.
D-000208-043 in the matter of Jay Stephan Belcher, R.Ph. dated April 12, 2000.
(2) Exhibit
1A--Hearing Request letter from David L. Kerr dated February 6, 2001.
(3) Exhibit
1B--Copy of two-page Hearing Schedule letter dated February 9, 2001.
(4) Exhibit
1C--Copy of Pharmacist computer record of Jay Stephan Belcher.
(5) Exhibit
2--Copy of five-page Statement of Jay S. Belcher signed and dated December 30,
1999.
(6) Exhibit
3--Copy of three-page Supplemental/Incident Report of Lisa L. Hearn, Case
Number A99-157-0235, dated December 30, 1999.
(7) Exhibit
4--Copy of six-page Audit Report for Item 420169 at Store Number 157.
(8) Exhibit
4A--Copy of Meijer Loss Prevention Department Personal History Form of Jay S.
Belcher dated December 30, 1999.
(9) Exhibit
5--Copy of Statement of Jay Belcher signed and dated December 30, 1999.
(10) Exhibit
6--Copy of six-page Miami Township Police Department Incident Report for
Incident No. 01-99-020879 dated December 30, 1999.
Respondent's Exhibits:
(1) Exhibit
1--Copy of letter from Clermont County Common Pleas Court Probation Officer
Rodney Croom dated May 22, 2001.
(2) Exhibit
2--Copy of letter from Diane Brock, CCDC IIIe, Continuing Care Coordinator,
Bethesda Hospital, Inc. dated February 26, 2001.
(3) Exhibit
3--Copy of Motion For Treatment in Lieu of Conviction filed March 17, 2000;
copy of two-page Entry Granting Motion For Treatment In Lieu of Conviction
filed May 4, 2000; and copy of General Conditions of supervision. State of Ohio vs. Jay Belcher, Case
No. 2000CR000100, Clermont County Court of Common Pleas.
(4) Exhibit
4--Copy of Acknowledgement of Receipt of Probation Entry filed May 25, 2000,
and copy of three receipts for payment of court cost. State of Ohio vs. Jay Belcher, Case No. 00-CR-0100,
Clermont County Court of Common Pleas.
(5) Exhibit
5--Copy of letter from Jay S. Belcher dated April 6, 2000; Twenty-one-page copy
of First Quarter, Year 2000: Summary of Recovery of Jay S. Belcher dated April
6, 2000.
(6) Exhibit
6--Twenty-six-page copy of Second Quarter, Year 2000: Summary of Recovery of Jay
S. Belcher, not dated.
(7) Exhibit
7--Twenty-two-page copy of Third Quarter, Year 2000: Summary of Recovery of Jay
S. Belcher, not dated.
(8) Exhibit
8--Thirty-eight-page copy of Fourth Quarter, Year 2000: Summary of Recovery of
Jay S. Belcher dated January 7, 2001.
(9) Exhibit
9--Twenty-seven-page copy of First Quarter, Year 2001: Summary of Recovery of
Jay S. Belcher dated April 8, 2001.
(10) Exhibit
10--Sixteen-page copy of Second Quarter for Year 2001 of Jay Belcher, not
dated.
(11) Exhibit
11--Twenty-nine pages of copies of continuing pharmacy education certificates
of Jay Belcher.
(12) Exhibit
12--Copy of Release of All Obligations between Meijer, Inc. and Jay S. Belcher signed
and dated January 8, 2001; Copy of Release of All Obligations between ShopKo
Stores, Inc. and Jay S. Belcher signed and dated November 3, 2000; Copy of
Release of All Obligations between Biggs Pharmacy and Jay S. Belcher signed and
dated February 6, 2001; Copy of Release of All Obligations between Fidelity
Healthcare, Inc. and Jay S. Belcher signed and dated March 5, 2001; Copy of
cashier’s check issued to Fidelity Home Care in the amount of $500.00 dated
February 15, 2001; Copy of check number 5160 from Ritter & Randolph,
Attorneys to ShopKo Stores, Inc. (Pamida) in the amount of $2,200.00 dated
October 30, 2000; Copy of check number 5175 from Ritter & Randolph,
Attorneys to Super Value Pharmacies (dba Biggs Pharmacy) in the amount of $500.00
dated December 7, 2000 and check number 5174 from Ritter & Randolph,
Attorneys to Meijer’s Inc. in the amount of $1,156.00 dated December 7, 2000.
(13) Exhibit
13--Copy of letter from Roberto Soria, M.D. dated May 30, 2001; Copy of letter
from Roger S. Greene dated May 29, 2001; Copy of letter from James M. Bayless,
not dated; Copy of letter from Mark Holman dated May 31, 2001; Copy of letter
from Marie E. Belcher, R.Ph. dated June 3, 2001; Copy of letter from Diane
Brock dated February 26, 2001.
(14) Exhibit
14--Copy of letter from Diane Brock dated May 29, 2001.
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 that Jay Stephan
Belcher has complied with the terms set forth in the Order of the State Board
of Pharmacy, Docket No. D-000208-043, effective April 12, 2000.
ACTION
OF THE BOARD
On the basis of the Finding of Fact set forth above,
the State Board of Pharmacy hereby approves the reinstatement of the pharmacist
identification card, No. 03-1-17435, held by Jay Stephan Belcher to practice
pharmacy in the State of Ohio and places Jay Stephan Belcher on probation for five years from the date
the identification card is issued with the following conditions:
(A) Jay
Stephan Belcher must only work with another pharmacist present during the first
year of probation.
(B) Jay
Stephan Belcher 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 submit a
copy of the signed contract to the Board office with the renewal
application. The contract must provide
that:
(1) Random,
observed urine drug screens
shall be conducted at least once every three months.
(a) The
urine sample must be given within twelve hours of notification. The urine drug screen must include testing
for creatinine or specific gravity of the sample as the dilutional standard.
(b) Alcohol
must be added to the standard urine drug screen. A Breathalyzer may be used to test for alcohol, but an appropriately
certified individual must conduct the test 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 and probation.
(2) The
intervener/sponsor shall provide copies of all drug and alcohol screen reports
to the Board in a timely fashion.
(3) Attendance is
required a minimum of three times per week at an Alcoholics Anonymous,
Narcotics Anonymous, and/or similar support group meeting.
(4) The program shall
immediately report to the Board any violations of the contract and/or lack of
cooperation.
(B) Jay
Stephan Belcher must submit quarterly progress reports to the Board (due
January 10, April 10, July 10, and October 10 of each year of probation) that
include:
(1) The written report
and documentation provided by the treatment program pursuant to the contract,
and
(2) A written
description of Jay Stephan Belcher's progress towards recovery and what Jay
Stephan Belcher 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 Jay Stephan Belcher'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) Jay Stephan Belcher
may not serve as a responsible pharmacist.
(3) Jay Stephan Belcher
may not destroy, assist in, or witness the destruction of controlled
substances.
(4) Jay Stephan Belcher
must abide by the contract from the treatment provider and any violation must
be reported to the Board immediately.
(5) Jay Stephan Belcher
must not violate the drug laws of the state of Ohio, any other state, or the
federal government.
(6) Jay Stephan Belcher
must abide by the rules of the State Board of Pharmacy.
(7) Jay Stephan Belcher
must comply with the terms of this Order.
Jay Stephan Belcher is hereby advised that the Board
may at any time revoke probation for cause, modify the conditions of probation,
and reduce or extend the period of probation.
At any time during this period of probation, the Board may revoke
probation for a violation occurring during the probation period.
THIS ORDER WAS
APPROVED BY A VOTE OF THE STATE BOARD OF PHARMACY.
MOTION CARRIED.
SO ORDERED.
The motion was seconded by Ms. Abele and approved by the Board (Aye-8/Nay-0).
5:45 p.m.
RES. 2001-184 Mr. Littlejohn moved that the Board adopt the following Order in the matter of Michael J. Esber, R.Ph.:
ORDER OF THE STATE BOARD OF PHARMACY
(Docket
No. D-010405-059)
In
The Matter Of:
MICHAEL J. ESBER, R.Ph.
1807
California Avenue
Louisville,
Ohio 44641
(R.Ph. No. 03-1-13497)
INTRODUCTION
THE MATTER OF MICHAEL J. ESBER CAME FOR HEARING ON JUNE
5, 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.
MICHAEL J. ESBER 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) David
Gallagher, Ohio State Board of Pharmacy
Respondent's Witnesses:
(1) Michael
J. Esber, R.Ph., Respondent
(2) Larry
Iorio
(3) Kathleen
Esber, Respondent’s Wife
(B) Exhibits
State's Exhibits:
(1) Exhibit
1--Copy of three-page Notice of Opportunity for Hearing letter dated April 5,
2001.
(2) Exhibit
1A--Hearing Request letter dated April 13, 2001.
(3) Exhibit
1B--Copy of Hearing Schedule letter dated April 16, 2001.
(4) Exhibit
1C--Copy of three-page Amendment/Addendum Notice dated April 18, 2001.
(5) Exhibit
1D--Copy of Pharmacist computer record of Michael J. Esber.
(6) Exhibit
2--Two-page Statement of Rebecca Edwards signed and notarized on March 21,
2001.
(7) Exhibit
3--Rite Aid prescription number 02387 201160 for Rebecca Edwards dated January
16, 2001.
(8) Exhibit
4--Copy of two-page Rite Aid-East Tuscarawas Customer History Report for
January 1, 1999, to March 23, 2001 of Rebecca Edwards dated March 23, 2001.
(9) Exhibit
5--Copy of Rite Aid Dispensing System Report for prescription number 201160
dated March 23, 2001.
(10) Exhibit
6--Three-page Statement of Michael J. Esber signed and notarized on March 22,
2001.
(11) Exhibit
7--Rite Aid prescription number 02387 201834 for Rebecca Edwards dated January
22, 2001.
(12) Exhibit
8-- Copy of Rite Aid Dispensing System Report for prescription number 201834
dated March 23, 2001.
(13) Exhibit
9--Rite Aid prescriptions numbered 02387 201451 and 02387 201452 for Jerry
Walls dated January 18, 2001.
(14) Exhibit
10--Copy of five-page Rite Aid-Wales Avenue Northeast Customer History Report
for January 1, 1999, to March 26, 2001 of Jerry Walls dated March 26, 2001.
(15) Exhibit
11-- Copy of Rite Aid Dispensing System Report for prescription number 201451
dated March 26, 2001.
Respondent's Exhibits:
(1) Exhibit
A--Copy of Resume of Michael J. Esber, not dated.
(2) Exhibit
B--Letter from Mark B. Alper, R.Ph. dated June 1, 2001.
(3) Exhibit
C--Copy of letter from Craig A. Smith, R.Ph., not dated.
(4) Exhibit
D--Copy of Letter of Recommendation from Barbara J. Campbell, R.Ph. dated May
23, 2001.
(5) Exhibit
E--Copy of letter from Laurie M. Loria, R.Ph. dated May 29, 2001.
(6) Exhibit
F--Copy of letter from Lillian S. Weiss, R.Ph. dated May 1, 2001.
(7) Exhibit
G--Copy of letter from John A. Nicora, R.Ph. dated May 30, 2001.
(8) Exhibit
H--Copy of letter from Greg Matronia, not dated.
(9) Exhibit
I--Copy of letter from Nelda J. Dugan dated May 22, 2001.
(10) Exhibit
J--Letter from Pamela S. Welsh, not dated.
(11) Exhibit
K--Copy of letter from Carl Esber, not dated.
(12) Exhibit
L--Copy of letter from Nancy Dugan, not dated.
(13) Exhibit
M--Copy of letter from Mary Walls dated May 31, 2001.
(14) Exhibit
N--Letter from Jerry Walls dated May 31, 2001.
(15) Exhibit
O--Copy of letter from Edward J. McKenna IV dated May 30, 2001.
(16) Exhibit
P--Copy of letter from Mr. and Mrs. Norman Esber, not dated.
(17) Exhibit
Q--Copy of calendar for the month of January, 2001 with handwritten notes.
(18) Exhibit
R--Copy of two Rite Aid Pharmacy Patient Counseling/Eligibility Forms for
Rebecca Edwards, one signed and dated
January 16, 2001 and one signed but date is illegible.
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 Michael J. Esber was originally
licensed in the State of Ohio on February 26, 1980, pursuant to examination,
and is currently licensed to practice pharmacy in the State of Ohio. Records further indicate that Michael J.
Esber is the Responsible Pharmacist at Rite Aid Discount Pharmacy #2387, 2103
East Tuscarawas Avenue, Canton, Ohio 44707-2864 pursuant to Sections 4729.27
and 4729.55 of the Ohio Revised Code and Rule 4729-5-11 of the Ohio
Administrative Code.
(2) Michael
J. Esber did, on or about January 16, 2001, when dispensing medication to a
patient, write profane comments on the label, to wit: when dispensing
prescription number 02387 201160, written for Terazol 3, Sig 1 HS X 3, Michael
J. Esber wrote on the label: "Insert 1 applicatorful into the hole of your
choice at bedtime for 3 nites."
Such conduct is in violation of Section 3715.64 of the Ohio Revised
Code.
(3) Michael
J. Esber did, on or about January 22, 2001, when dispensing medication to a
patient, write profane comments on the label, to wit: when dispensing prescription
number 02387 201834, written for Diflucan 150mg, Sig HS, Michael J. Esber wrote
on the label: "Shove 1 of these white [expletive] tabs in thy
orafice of your choice today."
Such conduct is in violation of Section 3715.64 of the Ohio Revised
Code.
(4) Michael
J. Esber did, on or about January 18, 2001, when dispensing medication to a
patient, write profane comments on the label, to wit: when dispensing prescription
number 02387 201451, written for Amoxil 500mg, Sig 1 TID, Michael J. Esber
wrote on the label: “Shove 1 of these [expletive] in mouth 3 times a
day.” Such conduct is in violation of
Section 3715.64 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 (4) of the Findings of Fact constitute 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 paragraphs (2) through (4) of the Findings of Fact constitute being guilty
of 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) 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 Sections 3715.52 to 3715.72 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 4729.16
of the Ohio Revised Code, the State Board of Pharmacy takes the following
actions in the matter of Michael J. Esber:
(A) On the basis of the Findings of Fact
and paragraphs (1) and (2) of the Conclusions of Law set forth above, the
State Board of Pharmacy hereby suspends the pharmacist identification card,
No. 03-1-13497, held by Michael J. Esber for one year.
(B) Further,
the Board stays the suspension and places Michael J. Esber’s identification
card on probation for one year effective as of the date of the mailing of this
Order. The terms of probation are as
follows:
(1) Michael J. Esber
must show completion of 0.3 CEUs (three hours) of continuing pharmacy education
in Board-approved Jurisprudence, which may not be used toward the requirement
for standard renewal, within one year from the date of the mailing of this
Order.
(2) Michael J. Esber
must not violate the drug laws of the State of Ohio, any other state, or the
federal government.
(3) Michael J. Esber
must abide by the rules of the State Board of Pharmacy.
(4) Michael J. Esber
must comply with the terms of this Order.
Michael J. Esber 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.
(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 imposes a monetary penalty of five hundred dollars ($500.00)
due and owing within thirty days of the issuance of this Order. The monetary penalty should be made payable
to the “Treasurer, State of Ohio” and mailed with the enclosed form to the
State Board of Pharmacy, 77 South High Street, Room 1702, Columbus, Ohio
43215-6126.
THIS ORDER WAS
APPROVED BY A VOTE OF THE STATE BOARD OF PHARMACY.
MOTION CARRIED.
SO ORDERED.
The motion was seconded by Mrs. Teater and approved by the Board (Aye-6/Nay-2).
5:50 p.m.
Mr. Rowland presented a request from the attorney for Richard Petrilla & Dick’s Pharmacy for reconsideration of the Board’s Order. After a discussion, Ms. Abele moved that the Board deny the request for reconsideration. The motion was seconded by Mr. Littlejohn and approved by the Board (Aye-8/Nay-0).
6:00 p.m.
A letter from Roger K. Elliott requesting reconsideration was distributed to the Board for their review. Since this case involved a Settlement Agreement that was freely signed by all parties, the consensus of the members was that Mr. Elliott should receive a letter stating that the Board was unable to consider his request.
6:01 p.m.
The meeting was recessed until Wednesday, June 6, 2001.
WEDNesday, june 6, 2001
8:10 a.m. ROLL CALL
The State Board of Pharmacy convened at the Lenox Inn, Reynoldsburg, 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.; 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; David Rowland, Legal Affairs Administrator; and William McMillen, Licensing Administrator.
The entire day was spent in a planning session moderated by Dr. Richard Parrott, Sandberg Leadership Center, Ashland, Ohio. Except for the following Oaths of Office and Per Diem, there were no items requiring official action by the Board.
3:30 p.m.
RES. 2001-185 President Neuber administered the Oaths of Office to Ann Abele as President for Fiscal Year 2002 and Diane Adelman as Vice-President for Fiscal Year 2002 as follows:
OATH OF PRESIDENT
I, Ann D. Abele, as President of the Ohio Board of Pharmacy do solemnly swear to uphold the Constitution of the United States and the state of Ohio; to impartially enforce the laws governing the profession of pharmacy and the legal distribution of drugs in the state of Ohio; and carry out the responsibilities of the Board as mandated by the laws of the state of Ohio without bias or prejudice, so help me God.
OATH OF VICE-PRESIDENT
I, Diane C. Adelman, as Vice-President of the Ohio Board of Pharmacy do solemnly swear to uphold the Constitution of the United States and the state of Ohio; to impartially enforce the laws governing the profession of pharmacy and the legal distribution of drugs in the state of Ohio; and carry out the responsibilities of the Board as mandated by the laws of the state of Ohio without bias or prejudice, so help me God.
3:40 p.m.
Mr. Littlejohn moved that the Board receive Per Diem as follows:
|
PER DIEM |
|
05/31 |
06/04 |
06/05 |
06/06 |
Total |
|
Abele |
|
- |
1 |
1 |
1 |
3 |
|
Adelman |
|
- |
1 |
1 |
1 |
3 |
|
Eastman |
|
- |
1 |
1 |
1 |
3 |
|
Giacalone |
|
1 |
1 |
1 |
1 |
4 |
|
Littlejohn |
|
- |
1 |
1 |
1 |
3 |
|
Kost |
|
- |
1 |
1 |
1 |
3 |
|
Neuber |
|
- |
1 |
1 |
1 |
3 |
|
Teater |
|
- |
1 |
1 |
1 |
3 |
|
Turner |
|
1 |
1 |
1 |
1 |
4 |
The motion was seconded by Ms. Abele and approved by the Board (Aye-8/Nay-0).
3:45 p.m.
Mr. Littlejohn moved that the meeting be adjourned. The motion was seconded by Ms. Abele and approved (Aye-8/Nay-0).
|
THE BOARD APPROVED THESE MINUTES ON JULY
10, 2001. |