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

August 6, 7, 8, 2001

MONDAY, AUGUST 6, 2001

8:00 a.m.     ROLL CALL

The State Board of Pharmacy convened in Room 1850, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with the following members present:

Ann D. Abele, R.Ph. (President); Gregory Braylock, R.Ph.; Suzanne R. Eastman, R.Ph.; Robert P. Giacalone, R.Ph.; Lawrence J. Kost, R.Ph.; Nathan S. Lipsyc, 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; William McMillen, Licensing Administrator; Mark Keeley, Legislative Affairs Administrator; David Rowland, Legal Affairs Administrator; Robert Cole, Compliance Supervisor; and Sally Ann Steuk, Assistant Attorney General.

8:02 a.m.

Ms. Eastman moved that the Minutes of the July 9 & 10, 2001 meeting be approved as written. The motion was seconded by Mr. Kost and approved by the Board (Aye-7/Nay-0).

8:04 a.m.

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

9:40 a.m.

The Executive Session ended and the meeting was opened to the public.

RES. 2002-009  Mrs. Teater moved that the request for a continuance in the matter of Michael Linhart be granted and that the hearing should be postponed until requested by Mr. Linhart or until the August, 2005, Board meeting, whichever comes first. The motion was seconded by Mr. Giacalone and approved by the Board (Aye-6/Nay-1).

RES. 2002-010  Ms Eastman then moved that the Board accept the settlement offer as amended in the matter of Jeffrey Garbe, R.Ph., with the settlement becoming final upon the signature of all parties. The motion was seconded by Mr. Braylock and approved by the Board (Aye-7/Nay-0).

9:45 a.m.

The Board took a brief recess.

10:02 a.m.

The meeting resumed. Board Member Diane C. Adelman, R.Ph. arrived and joined the meeting.

RES. 2002-011  The Board was joined by Ernest Boyd, R.Ph. and Amy Bennett, R.Ph. from the Ohio Pharmacists Association (OPA) who presented a request for Board approval of their 1999 course on medication administration. After a review of the course materials and a discussion with the OPA representatives, Mr. Turner moved that the Board verify that the certificate holders from this course have met the requirements for the administration of the approved immunizations as long as they also complete the updated course information program offered by OPA and maintain a current certification in CPR as required by law. The motion was seconded by Ms. Eastman and approved by the Board (Aye-8/Nay-0).

RES. 2002-012  Mr. McMillen presented requests for a one-year waiver of Rule 4729-3-04(B) from two individuals so that they may renew their intern licenses an additional year to complete their internship requirements. Mr. Braylock moved that the Board approve the waivers for one additional year to each of the following individuals:

Sirisha Gadde (06-0-02760)

Benedicte McClure (06-0-02791)

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

Mr. Keeley then presented the recommendations of the 2001 Ad Hoc Committee on Rule Review. The Committee’s proposed rule changes were discussed by the Board members who suggested several changes be made and that Mr. Keeley make the changes to the proposed rules and bring the revised proposed rules back for discussion at the September 2001 meeting.

The request for a waiver from the requirements of Rule 4729-5-10 (Pick-up station) from Maryhaven, Inc. that had been tabled at the July 2001 meeting was discussed. This issue was tabled again pending receipt of further information from the pharmacist involved.

11:47 a.m.

The Board recessed for lunch.

1:00 p.m.

The meeting resumed in Room 1850, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with all Board members present.

1:12 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 Colin E. Bayliss, R.Ph., Morgantown, West Virginia.

3:09 p.m.

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

3:30 p.m.

The Board returned and 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 Walter Hubish, R.Ph., North Olmsted.

4:15 p.m.

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

4:43 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 Dana Frances Casper, R.Ph., Waynesville.

6:04 p.m.

The hearing ended and the record was closed.

6:08 p.m.

The Board meeting recessed until Tuesday, August 7, 2001.

tuesday, august 7, 2001

8:00 a.m.     ROLL CALL

The State Board of Pharmacy reconvened in Room 1850, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with the following members present:

Ann D. Abele, R.Ph. (President); Diane C. Adelman, R.Ph. (Vice-President); Gregory Braylock, R.Ph.; Suzanne R. Eastman, R.Ph.; Robert P. Giacalone, R.Ph.; Lawrence J. Kost, R.Ph.; Nathan S. Lipsyc, R.Ph.; Dorothy S. Teater, Public Member; and James E. Turner, R.Ph.

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

8:50 a.m.

RES. 2002-013  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 Colin E. Bayliss, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-990218-029)

In The Matter Of:

COLIN E. BAYLISS, R.Ph.

Inmate #52674-060

Box 1000, Randolph Unit

Morgantown, West Virginia 26507

(R.Ph. No. 03-3-08811)

INTRODUCTION

THE MATTER OF COLIN E. BAYLISS CAME FOR HEARING ON AUGUST 6, 2001, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ANN D. ABELE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

COLIN E. BAYLISS WAS NOT PRESENT BUT WAS REPRESENTED BY SCOTT P. SANDROCK, AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

(A) Testimony

State's Witnesses:

(1) John Bettac, Special Agent, United States Office of Inspector General

Respondent's Witnesses:

(1) None

(B) Exhibits

State's Exhibits:

(1) Exhibit 1--Copy of three-page Notice of Opportunity for Hearing letter dated February 18, 1999.

(2) Exhibit 1A--Copy of Pharmacist File Front Sheet of Colin Ernest Bayliss showing original date of registration as August 14, 1967; and two-page copy of Renewal Application for Pharmacist License, No. 03-3-08811, for a license to practice pharmacy in Ohio from September 15, 1997, through September 15, 1998, dated July 19, 1997.

(3) Exhibit 1B--Hearing Request letter dated March 2, 1999.

(4) Exhibit 1C--Copy of Hearing Schedule letter dated March 10, 1999.

(5) Exhibit 1D--Copy of Hearing Continuance Request letter dated March 18. 1999.

(6) Exhibit 1E--Copy of Hearing Schedule letter dated March 19, 1999.

(7) Exhibit 1F--Copy of Hearing Schedule letter dated March 23, 1999.

(8) Exhibit 1G--Copy of Hearing Continuance Request letter dated August 19, 1999.

(9) Exhibit 1H--Copy of Hearing Schedule letter dated August 20, 1999.

(10) Exhibit 1I--Copy of Hearing Continuance Request letter dated April 26, 2000.

(11) Exhibit 1J--Copy of Hearing Schedule letter dated April 27, 2000.

(12) Exhibit 1K--Copy of Hearing Continuance Request letter dated September 12, 2000.

(13) Exhibit 1L--Copy of Hearing Schedule letter dated September 15, 2000.

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

(15) Exhibit 1N--Copy of Hearing Continuance Request letter dated April 23, 2001.

(16) Exhibit 10--Copy of Hearing Continuance Denial letter dated May 15, 2001.

(17) Exhibit 2--Copy of letter from Colin E. Bayliss dated November 18, 1996.

(18) Exhibit 4--Copy of letter from Colin E. Bayliss dated July 27, 1998.

(19) Exhibit 5--Copy of letter from Colin E. Bayliss dated August 1, 1997

(20) Exhibit 6--Copy of twenty-page Indictment, United States of America v. NHML, Inc., dba Clinitec Laboratory, Colin E. Bayliss, Raymond H. Pinkerton, Hermenegildo T. Villavecer, Virgil Villavecer, Case No. 5:96CR331, United States District Court for the Northern District of Ohio, Eastern Division.

(21) Exhibit 7--Copy of five-page Judgment In A Criminal Case, United States v. Colin E. Bayliss, Case No. 5:96CR331-002, United States District Court, Northern District of Ohio.

(22) Exhibit 8--Copy of two-page letter from Colin E. Bayliss dated November 16, 1998.

Respondent's Exhibits:

(1) Exhibit A--Copy of twenty-six-page Opinion, United States of America v. NHML, Inc. dba Clinitec; Colin E. Bayliss; Raymond H. Pinkerton, Nos. 98-3882, 98-3883, 98-3884, United States Court of Appeals for the Sixth Circuit.

(2) Exhibit B--Copy of Office of the Inspector General, Office of Investigations, U.S. Department of Health and Human Services Report of interview of Wendy Vincent Arrendale dated April 24, 1996.

(3) Exhibit C--Copy of two-page Attorney General Health Care Fraud Section, Medicaid Fraud Control Unit Memorandum regarding Clinitec Labs, Docket No. M1930293; and two-page document titled "Medicaid and Medicare Regulations".

(4) Exhibit 8--Copy of two-page letter from Colin E. Bayliss dated November 16, 1998.

FINDINGS OF FACT

After having heard the testimony, observed the demeanor of the witness, considered the evidence, and weighed the credibility of each, the State Board of Pharmacy finds the following to be fact:

(1) Records of the State Board of Pharmacy indicate that Colin E. Bayliss was originally licensed as a pharmacist by the State of Ohio on August 14, 1967, pursuant to examination, and that Colin E. Bayliss' license to practice pharmacy in Ohio lapsed on September 15, 1998.

(2) Colin E. Bayliss was convicted, on or about July 25, 1997, in the United States District Court, Northern District of Ohio, Eastern Division, United States v. Colin E. Bayliss, Case No. 5:96CR331-002, of the following:

Thirty-nine (39) counts of False or Fraudulent Claims, felonies in violation of 18 U.S.C. 287;

One (1) count of Conspiracy to Defraud the United States, a felony in violation of 18 U.S.C. 371;

Three (3) counts of Aiding and Abetting Payment to a Non-Licensed Physician (Anti-Kickback), felonies in violation of 42 U.S.C.1320a-7(b)(1)(A) and (2)(A); and,

One (1) count of Making False Statements to a Federal Agent, a felony in violation of 18 U.S.C. 1001.

This conviction was the result of the following activity: on or about September 1989, through October 1993, Colin E. Bayliss conspired with others to defraud the United States of monies by submitting false claims to Medicare, Railroad Retirement Medicare, and Ohio Medicaid programs using fraudulent, fictitious or false claims, resulting in the payment of $1,750,000.00 to Clinitec. On or about January 1990, through October 1993, Colin E. Bayliss and others conducted a marketing program that paid kickbacks to nursing homes and paid money to Frances Renee Reber for the referral of patients by University Manor Nursing Home to Clinitec for laboratory services.

On July 20, 1998, Colin E. Bayliss was sentenced to sixty-three (63) months in federal prison; Colin E. Bayliss was directed to pay to the United States a special assessment of $2,200.00; and, Colin E. Bayliss was ordered to make restitution in the sum of $1,665,000.00 (jointly, with co-defendants and severally liable).

Such conduct is in violation of Sections 2913.02, 2913.40, and 2923.03 of the Ohio Revised Code.

CONCLUSION OF LAW

The State Board of Pharmacy concludes that paragraph (2) of the Findings of Fact constitutes being guilty of a felony and gross immorality as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code.

ACTION OF THE BOARD

Pursuant to Section 4729.16 of the Ohio Revised Code, and on the basis of the foregoing Findings of Fact and Conclusion of Law, the State Board of Pharmacy hereby revokes the pharmacist identification card, No. 03-3-08811, held by Colin E. Bayliss effective as of the date of the mailing of this Order.

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

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

MOTION CARRIED.

SO ORDERED.

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

RES. 2002-014  Mrs. Adelman then moved that the Board adopt the following Order in the matter of Walter Hubish, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-010710-001)

In The Matter Of:

WALTER HUBISH, R.Ph.

27721 Edgepark Drive

North Olmsted, Ohio 44070

(R.Ph. No. 03-1-09888)

INTRODUCTION

THE MATTER OF WALTER HUBISH CAME FOR HEARING ON AUGUST 6, 2001, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ANN D. ABELE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

WALTER HUBISH 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) None

Respondent's Witnesses:

(1) Emil Dontenville, R.Ph.

(2) Walter Hubish, Respondent

(B) Exhibits

State's Exhibits:

(1) Exhibit 1--Fax Cover letter dated April 11, 2001 and Hearing Request letter dated April 10, 2001.

(2) Exhibit 1A--Copy of two-page Hearing Schedule letter dated April 11, 2001.

(3) Exhibit 1B--Copy of Ohio Pharmacist computer record of Walter Hubish.

(4) Exhibit 2--Copy of five-page Order of the State Board of Pharmacy in the matter of Walter Hubish, R.Ph., Docket No. D-950714-002, effective January 30, 1996.

(5) Exhibit 2A--Copy of four-page Order of the State Board of Pharmacy in the matter of Walter Hubish, R.Ph., Docket No. D-950714-002, effective April 5, 2001.

(6) Exhibit 3--Copy of four-page Order of the State Board of Pharmacy in the matter of Walter Hubish, R.Ph., Docket No. D-940627-089, effective October 31, 1994.

(7) Exhibit 4--Copy of five-page Order of the State Board of Pharmacy in the matter of Walter Hubish, R.Ph., Docket No. D-930429-082, effective November 1, 1993.

(8) Exhibit 5--Copy of Statement of Leigh Ann Kukral dated July 16, 1992.

(9) Exhibit 6--Copy of Prescription No. 0322-459771 dated June 19, 1992.

(10) Exhibit 7--Copy of Statement of Sandra Currence dated July 16, 1992.

(11) Exhibit 8--Copy of two-page Statement of John Rohal dated July 16, 1992.

(12) Exhibit 9--Copy of three-page Statement of Susan Kortyna dated July 16, 1992.

(13) Exhibit 10--Copy of Statement of Laura C. Rush dated July 17, 1992.

(14) Exhibit 11--Copy of two-page letter from Milosh D. Milenkovich dated April 21, 1993.

(15) Exhibit 12--Copy of three-page Statement of Walter Hubish dated July 22, 1992.

(16) Exhibit 13--Copy of Loss Prevention report for Case No. 93-322-368-ET, not dated; Copy of handwritten list of items and prices dated July 22, 1992; Copy of Check No. 2040 dated July 23, 1992; Copy of canceled Check No. 1408 dated April 30, 1992 stamped with NSF.

(17) Exhibit 14--Copy of PRO Inc. Client Reporting Sheet/Client Monitoring Sheet for Client Case No. 0095 covering October to December 1994.

Respondent's Exhibits:

(1) Exhibit A--Two-page copy of PRO Inc. Recovering Pharmacist's Contract of Walter Hubish dated November 12, 1994; Copy of five pages of PRO Minutes dated November 20, 1994; Two-page copy of PRO Inc. Pharmacist's Recovery Contract of Walter Hubish dated May 10, 2000; Copy of letter from David W. Baker dated February 17, 2001; Copy of two-page history of urine screens under terms of PRO contract dated November 12, 1994; Copy of page 018 of the Ohio State Board of Pharmacy Journal for Walter Hubish, No. J-960130-004, listing urine screen report dates; Copy of Summary Sheet of Random Urine Screens PRO Contract II for samples collected from May 30, 2000 to February 10, 2001; Copy of twenty-four pages of drug screen reports for samples collected May 30, 2000, June 8, 2000, July 6, 2000, July 27, 2000, August 25, 2000, September 16, 2000, October 10, 2000, November 16, 2000, December 8, 2000, December 28, 2000, January 10, 2001, and January 25, 2001.

(2) Exhibit B--Copy of three-page Glenbeigh Discharge Summary for Walter Hubish from Katherine H. Heim dated July 27, 1994; Copy of two Glenbeigh Discharge Notice letters regarding Walter Hubish from Katherine H. Heim dated March 28, 1995; Copy of eight Glenbeigh Progress Report letters from Katherine H. Heim dated March 1, 1995, December 1, 1994, August 23, 1994, August 22, 1994, June 4, 1994, May 2, 1994, and April 14, 1994; Copy of eight pages of drug screen reports for samples collected August 22, 1995, July 31, 1995, June 26, 1995, May 28, 1995, April 25, 1994, and June 13, 1994.

(3) Exhibit C--Copy of twelve lists of Alcoholics Anonymous Attendance dates for April 2000, May 2000, June 2000, July 2000, August 2000, September 2000, October 2000, November 2000, December 2000, January 2001, February 2001, and March 2001; Forty-seven pages of copies of weekly calendar pages for April 10, 2000 through March 4, 2001 showing signatures for support meeting attendance verification.

(4) Exhibit D--Copy of three-page Pharmacy Continuing Education Certificates Summary Sheet listing program dates from December 12, 1994 to February 15, 2001; Ninety-three pages of copies of continuing education certificates dated from December 12, 1994 to February 15, 2001; Seventeen pages of copies of reference materials.

(5) Exhibit E--Copy of the cover and pages four and five of Section C of the Cleveland Track Material, Inc. Employee Information Handbook covering Substance Abuse Policy dated November 14, 1996; Copy of four pages of drug screen reports for samples collected March 18, 1998, April 25, 1995, March 28, 2000, and June 21, 2000; Copy of letter from Robert R. Gordon dated April 5, 2000; Copy of sixty pages of Cleveland Track Material, Inc. payroll history reports for Walter Hubish covering January 1, 1996, through December 31, 2000.

(6) Exhibit F--Copy of seven letters from: William H. Willoughby dated April 20, 2000; Michael R. Heasley dated March 23, 2000; Craig A. Wieszalski dated February 23, 2001; Karl E. Axthelm dated February 23, 2001; Ernest W. Szczepanski, not dated; Doug Potts dated February 18, 2001; Ralph Fox, not dated; and Charles R. Kent dated March 2, 2001; Copy of 1999 W-2 Wage and Tax Statement of Walter Hubish; Copy of 1999 W-2 Wage & Tax Statement of Frances L. Hubish; Copy of 1999 Form 1040-U.S. Individual Income Tax Return of Walter and Frances Hubish.

(7) Exhibit G--Copy of Summary Sheet of Random Urine Screens PRO Contract II listing dates of collection from May 30, 2000 to July 16, 2001; Copy of Random Urine Screens Under Terms of PRO Contract II C.T.M. Employment listing dates of collection from March 8, 2001 to July 16, 2001; Copy of fourteen pages of drug screen reports for samples collected March 8, 2001; April 4, 2001; April 30, 2001; May 22, 2001; May 31, 2001; June 6, 2001; and July 16, 2001; Copy of Drug Testing Custody and Control Form for Specimen ID No. 2422016 dated May 31, 2001.

(8) Exhibit H--Copy of five lists of Alcoholics Anonymous Meetings dates for March 2001, April 2001, May 2001, June 2001, and July 2001; Twenty-one pages of copies of weekly calendar pages for March 5, 2001 through July 29, 2001 showing signatures for support meeting attendance verification.

(9) Exhibit I--Copy of Pharmacy Continuing Education Certificates Summary Sheet listing program dates from April 15, 2001 to July 27, 2001; Eight pages of copies of continuing education certificates dated from April 15, 2001 to July 27, 2001; Copy of Registration Information sheet for ACPE Program No. 068-999-01-001-L01 by the University of Utah College of Pharmacy.

(10) Exhibit J--Copy of Certificate of Completion issued to Walter Hubish for the University of Utah School on Alcoholism and Other Drug Dependencies, Pharmacy Section, dated June 22, 2001; Copy of Statement from West Group for "Ohio Drug Laws & Svc dated May 30, 2001; Copy of the covers of "Guide to Federal Pharmacy Law, 2nd Edition" and "Basic & Clinical Pharmacology, 8th Edition".

(11) Exhibit K--Copy of nineteen pages of Cleveland Track Material, Inc. payroll history reports for Walter Hubish covering March 5, 2001 through July 22, 2001; Copy of 2000 Form 1040-U.S. Individual Income Tax Return of Walter and Frances Hubish.

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 Walter Hubish has complied with the terms set forth in the Order of the State Board of Pharmacy, Docket No. D-950714-002, effective January 30, 1996.

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. 03-1-09888, held by Walter Hubish to practice pharmacy in the state of Ohio and places Mr. Hubish on probation for five years from the date the identification card is issued, with the following conditions:

(A) Walter Hubish must enter into a contract, signed within thirty 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) Walter Hubish 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 Walter Hubish's progress towards recovery and what Mr. Hubish 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 Walter Hubish'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) Walter Hubish may not serve as a responsible pharmacist.

(3) Walter Hubish may not destroy, assist in, or witness the destruction of controlled substances.

(4) Walter Hubish must abide by the contract from the treatment provider and any violation must be reported to the Board immediately.

(5) Walter Hubish must not violate the drug laws of the state of Ohio, any other state, or the federal government.

(6) Walter Hubish must abide by the rules of the State Board of Pharmacy.

(7) Walter Hubish must comply with the terms of this Order.

Walter Hubish 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. Eastman and approved by the Board (Aye-8/Nay-0).

RES. 2002-015  Mrs. Teater moved that the Board adopt the following Order in the matter of Dana Frances Casper, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-010727-006)

In The Matter Of:

DANA FRANCES CASPER, R.Ph.

8495 State Route 48

Waynesville, Ohio 45068

(D.O.B. 06/09/1971)

INTRODUCTION

THE MATTER OF DANA FRANCES CASPER CAME FOR HEARING ON AUGUST 6, 2001, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ANN D. ABELE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

DANA FRANCES CASPER 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) William Padgett, Ohio State Board of Pharmacy

Respondent's Witnesses:

(1) John Casper, Father of Respondent

(2) Beulah Corgan, Grandmother of Respondent

(3) Dana Frances Casper, Respondent

(B) Exhibits

State's Exhibits:

(1) Exhibit 1--Copy of five-page Proposal To Deny/Notice of Opportunity for Hearing letter dated July 27, 2001.

(2) Exhibit 1A--Hearing Request letter dated July 30, 2001.

(3) Exhibit 1B--Copy of Hearing Schedule letter dated July 31, 2001.

(4) Exhibit 1C--Copy of Ohio Pharmacist computer record of Reciprocity Candidate Dana Frances Casper dated July 30, 2001.

(5) Exhibit 2--Four-page copy of National Association of Boards of Pharmacy (NABP) Official Application For Transfer Of Pharmaceutic Licensure to the state of Ohio dated April 7, 2001.

(6) Exhibit 3--Copy of four-page Missouri Department of Revenue Alcohol Influence Report of Dana Frances Casper dated November 13, 1999.

(7) Exhibit 4--Copy of State of Missouri SATOP (Substance Abuse Traffic Offenders' Program) Completion Certificate (C-2) of Dana F. Casper dated May 6, 2001.

(8) Exhibit 5--Copy of letter from Ben Capshaw, Attorney at Law, dated June 21, 2001.

(9) Exhibit 6--Copy of pages one and three of Missouri Department of Revenue Alcohol Influence Report, No. 2001-06018, of Dana Frances Casper dated March 21, 2001; Copy of three-page O’Fallon Police Department Offense/Incident Report, Complaint No. 2001-06018, of Dana Frances Casper dated March 21, 2001; Copy of four Missouri Uniform Complaint & Summons, numbered 001793062, 001793063, 001793064, and 001793065, of Dana F. Casper dated March 21, 2001.

(10) Exhibit 7--Copy of handwritten list of dispositions for Dana Casper of 001793062, 001493063(sic), 001793064, 001793065, 961585344, 961585345, and 961585346.

Respondent's Exhibits:

(1) Exhibit A--Copy of State of Missouri SATOP (Substance Abuse Traffic Offenders' Program) Completion Certificate (C-2) of Dana F. Casper dated May 6, 2001.

(2) Exhibit B--Copy of Plea of Guilty in the Municipal Court of St. Charles County, State of Missouri, dated July 18, 2001. City of O’Fallon vs. Dana Casper, Case No. 0001793062, 0001793063, 0001793064, 0001793065.

(3) Exhibit C--Copy of letter from Ben Capshaw dated June 21, 2001.

(4) Exhibit D--Copy of letter from Bill Tayon, M.A., LPC, CSAC II dated April 30, 2001.

(5) Exhibit E--Copy of attendance record of support meetings dated July 31 to August 2.

(6) Exhibit F--Copy of letter from Cathy Wheeler dated April 30, 2001.

(7) Exhibit G--Copy of letter from Kelly Mornhinweg, not dated.

(8) Exhibit H--Copy of letter from Marcos Munoz dated August 3, 2001.

(9) Exhibit I--Copy of letter from David W. Baker dated August 4, 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 indicate that Dana Frances Casper was originally licensed to practice pharmacy in the State of Missouri on November 1, 1997, pursuant to examination, and is currently licensed to practice pharmacy in the State of Missouri. On April 16, 2001, Dana Frances Casper applied for reciprocal licensure into the state of Ohio.

(2) Dana Frances Casper was, on or about November 13, 1999, arrested by the Town and Country Police Department (Missouri) for Driving Under the Influence. Dana Frances Casper tested at .149 Blood-Alcohol, even though Ms. Casper told the arresting officer that she only consumed three and one-quarter beers that evening. Further, Dana Frances Casper had been driving after drinking, and drinking while having used prescription medication.

(3) Dana Frances Casper was, subsequent to making application to the Ohio Board of Pharmacy for reciprocal licensure on April 7, 2001, arrested by the Offalen (Missouri) Police Department for Driving Under the Influence. Dana Frances Casper tested at .19 breath-alcohol.

CONCLUSIONS OF LAW

(1) 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 her unfit to practice pharmacy as provided in Division (A)(3) of Section 4729.16 of the Ohio Revised Code and paragraph (D) of Rule 4729-5-04 of the Ohio Administrative Code.

(2) The State Board of Pharmacy concludes that paragraph (2) of the Findings of Fact constitutes having committed fraud, misrepresentation, or deception in applying for or securing a license or identification card issued by the board under Chapter 4729. of the Revised Code as provided in Division (A)(10) of Section 4729.16 of the Ohio Revised Code.

ACTION OF THE BOARD

Pursuant to Sections 4729.09 and 4729.16 of the Ohio Revised Code and Rule 4729-5-04 of the Ohio Administrative Code, and on the basis of the foregoing Findings of Fact and Conclusions of Law, the State Board of Pharmacy hereby denies the issuance of a certificate of registration or an identification card to practice as a pharmacist in Ohio and, therefore, denies the Official Application for Transfer of Pharmaceutic Licensure submitted by Dana Frances Casper on or about April 16, 2001.

Further, September 1, 2002 or thereafter, the Board will consider any petition filed by Dana Frances Casper for a hearing, pursuant to Ohio Revised Code Chapter 119., for licensure. The Board will only consider an application for a license to practice pharmacy in Ohio if the following conditions have been met:

(A) Dana Frances Casper 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) Dana Frances Casper must enter into a contract, signed within thirty 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) 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.

(C) Dana Frances Casper must provide, at the petition hearing, 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 Dana Frances Casper's fitness for admission 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 terms of this Order.

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

MOTION CARRIED.

SO ORDERED.

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

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 John Paul Tekulve, R.Ph., Columbus.

9:52 a.m.

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

10:15 a.m.

The Board meeting resumed. Mr. Kost reported that the Nursing Board’s Committee on Prescriptive Governance would meet in September.

Ms. Abele reported that the Nursing Board’s Formulary Committee met while she was out of town and unable to attend. She indicated that she would report further after reviewing the minutes of the meeting.

Mr. Benedict had no report regarding the Medical Board’s Prescribing Committee. They were to meet later in the month.

Mr. Turner and Mr. Benedict gave the Probation Report. There were no items requiring action by the Board.

Mr. Winsley reviewed the correspondence about the NABP/AACP District IV Executive Secretary Position that had been sent to the members previously.

10:40 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 Jeffrey Paul Czuba, R.Ph., North Olmsted.

11:41 a.m.

The hearing was recessed and the Board took a break for lunch.

1:00 p.m.

The Board convened, with all members present, in Room 1948, 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

RES. 2002-016  Following presentations by Board members and self-introductions by the candidates for licensure by reciprocity, Mrs. Adelman moved that the Board approve the following candidates for licensure. The motion was seconded by Ms. Eastman and approved by the Board (Aye-8/Nay-0).

JACK E. BROWN	PENNSYLVANIA
MERRILY MARIE BROY	WEST VIRGINIA
OLGA L CARRENO	MASSACHUSETTS
ROBERT EDWARD CLARK	WEST VIRGINIA
RAYMOND MICHAEL DEDIONISIO	PENNSYLVANIA
NICOLE LOGAN FERRIS	TEXAS
PATRICIA GUTIERREZ	ILLINOIS
DINA MARIA HUNSINGER-NORRIS	PENNSYLVANIA
RICHARD JULIAN KASMER	MISSOURI
ABENET KUMSSA	INDIANA
SUZY MICHEL MORKOS	NEVADA
AISHA MONIQUE MORRIS	TEXAS
THUC VU THANH NGUYEN	TEXAS
DANIEL C. NIEMER	KENTUCKY
MARK CHUKWUAMAKA OKAFOR	NEW JERSEY
TIMOTHY ROBERT PASQUALE	PENNSYLVANIA
SEAN PHOTHIYANE	MICHIGAN
EDWARD JON PORANSKI	SOUTH CAROLINA
LINDA REID	PENNSYLVANIA
AMY TERESE SEKEL	PENNSYLVANIA
LORI LYNN SIATKOSKY	PENNSYLVANIA
CHRISTOPHER JAMES THOMAS	INDIANA
JULIE SEARFOSS THOMAS	MISSISSIPPI
JACQUELYN DELORES THOMPSON	ILLINOIS
AMY WELLS VALLEY	TEXAS
KRISTIE LEE WEINERT	NEW YORK
BRYAN PAUL WIERY	GEORGIA
KILEE SUSANNE YAROSH	ARIZONA

1:30 p.m.

The Board reconvened in Room 1850 with all members present to continue the hearing in the matter of Jeffrey Paul Czuba, R.Ph., North Olmsted.

3:36 p.m.

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

3:45 p.m.

Mr. Keeley presented the Legislative Report to the Board.

4:10 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 Richard Hart, R.Ph., Hamilton.

4:45 p.m.

The hearing ended and the record was closed. 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. The motion was seconded by Mr. Kost and a roll call vote was conducted by President Abele as follows: Adelman-Yes, Braylock-Yes, Eastman-Yes, Giacalone-Yes, Lipsyc-Yes, Kost-Yes, Teater-Yes, and Turner-Yes.

5:15 p.m.

RES. 2002-017  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 Richard Hart, R.Ph., Hamilton:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-010109-034)

In The Matter Of:

RICHARD E. HART, R.Ph.

1271 Old Oxford Road

Hamilton, Ohio 45013

(R.Ph. No. 03-2-08617)

INTRODUCTION

THE MATTER OF RICHARD E. HART CAME FOR HEARING ON AUGUST 7, 2001, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ANN D. ABELE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

RICHARD E. HART WAS NOT PRESENT NOR REPRESENTED BY COUNSEL. 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) None

(B) Exhibits

State's Exhibits:

(1) Exhibit 1--Copy of three-page Summary Suspension Order/Notice of Opportunity for Hearing letter dated January 9, 2001.

(2) Exhibit 1A--Hearing Request letter dated January 30, 2001.

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

(4) Exhibit 1C--Copy of letter to Clayton G. Napier, Esq. from David L. Rowland dated July 17, 2001.

(5) Exhibit 1D--Copy of Ohio Pharmacist computer record of Richard Edward Hart.

(6) Exhibit 2--Copy of five-page Order of the State Board of Pharmacy, Docket No. D-920213-124 in the matter of Richard Edward Hart, R.Ph. dated August 11, 1992.

(7) Exhibit 3--Copy of three-page Order of the State Board of Pharmacy, Docket No. D-930601-090 in the matter of Richard Edward Hart, R.Ph. February 14, 1994.

(8) Exhibit 4--Copy of three-page Preble Co. Sheriff’s Office Incident Report #00-022910 made by Detective Frank R. Ford dated January 24, 2001.

(9) Exhibit 5--Copy of three-page transcript of a phone conversation of Richard Hart dated December 3, 2000.

(10) Exhibit 6--Copy of five-page transcript of a Statement given to Detective Frank Ford dated December 3, 2000.

(11) Exhibit 7--Copy of Miami Valley Regional Crime Laboratory Report by Gary R. Shaffer for Laboratory Case No. 00-017545 dated December 27, 2000, and copy of Affidavit of Gary R. Shaffer, Forensic Chemist, Miami Valley Regional Crime Laboratory notarized on December 28, 2000.

(12) Exhibit 8--Copy of six-page transcript of C.I. to Richard Hart dated December 14, 2000.

(13) Exhibit 9--Copy of three-page transcript of Taped Statement given to Detective Frank Ford dated December 15, 2000.

(14) Exhibit 10--Copy of nine pages of Preble County Common Pleas Court records for State of Ohio vs. Richard Hart, Case No. 00CR008442, as follows: two-page Indictment filed January 8, 2001; two-page Waiver filed May 30, 2001; Entry filed May 30, 2001; Judgment filed May 30, 2001; and three-page Entry filed June 4, 2001.

(15) Exhibit 11--Two-page letter from Rebecca J. Ferguson, Preble County Prosecuting Attorney, dated June 5, 2001.

(16) Exhibit 12--Letter from Clayton G. Napier and Richard E. Hart dated June 6, 2001.

Respondent's Exhibits:

(1) None

FINDINGS OF FACT

After having heard the testimony, observed the demeanor of the witness, considered the evidence, and weighed the credibility of each, the State Board of Pharmacy finds the following to be fact:

(1) Records of the State Board of Pharmacy indicate that Richard E. Hart was originally licensed in the state of Ohio on August 16, 1966, pursuant to examination, and that his license to practice pharmacy in the state of Ohio was summarily suspended effective January 9, 2001. Records further reflect that Richard E. Hart has had previous disciplinary action by the Board for having committed the following acts: knowingly obtained, possessed, or used a controlled substance when the conduct was not in accordance with Chapters 3719., 4729., and 4731 of the Ohio Revised Code, to wit: Richard E. Hart was charged and arrested for operating a motor vehicle while under the influence of drugs; Richard E. Hart's urine specimen tested positive for Cocaine and Meperidine.

(2) Richard E. Hart did, on or about December 3, 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: Richard E. Hart gave forty-nine tablets of Xanax, a Schedule IV controlled substance, to his client from his law practice without a prescription and not for a legitimate medical purpose. Such conduct is in violation of Section 2925.03 of the Ohio Revised Code.

(3) Richard E. Hart did, on or about December 15, 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: Richard E. Hart gave one hundred tablets of Xanax, a Schedule IV controlled substance, to his client from his law practice without a prescription and not for a legitimate medical purpose. Such conduct is in violation of Section 2925.03 of the Ohio Revised Code.

CONCLUSIONS OF LAW

(1) The State Board of Pharmacy concludes that paragraphs (2) and (3) 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) The State Board of Pharmacy concludes that paragraphs (2) and (3) of the Findings of Fact constitute being guilty of dishonesty and unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code.

(3) The State Board of Pharmacy concludes that paragraphs (2) and (3) of the Findings of Fact constitute being guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapter 2925., 3719., or 4729. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

ACTION OF THE BOARD

Pursuant to Section 3719.121 of the Ohio Revised Code, the State Board of Pharmacy hereby removes the Summary Suspension Order issued to Richard E. Hart on January 9, 2001.

Pursuant to Section 4729.16 of the Ohio Revised Code, the State Board of Pharmacy takes the following actions in the matter of Richard E. Hart:

(A) On the basis of the Findings of Fact and paragraph (1) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes the pharmacist identification card, No. 03-2-08617, held by Richard E. Hart effective as of the date of the mailing of this Order.

(B) On the basis of the Findings of Fact and paragraph (2) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes the pharmacist identification card, No. 03-2-08617, held by Richard E. Hart effective as of the date of the mailing of this Order.

(C) On the basis of the Findings of Fact and paragraph (3) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes the pharmacist identification card, No. 03-2-08617, held by Richard E. Hart effective as of the date of the mailing of this Order.

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

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

MOTION CARRIED.

SO ORDERED.

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

RES. 2002-018  Mr. Braylock then moved that the Board adopt the following Order in the matter of John Paul Tekulve, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-010604-070)

In The Matter Of:

JOHN PAUL TEKULVE, R.Ph.

311 E. Jenkins Avenue, Apt. C

Columbus, Ohio 43207

(R.Ph. No. 03-3-21594)

INTRODUCTION

THE MATTER OF JOHN PAUL TEKULVE CAME FOR HEARING ON AUGUST 7, 2001, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ANN D. ABELE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

JOHN PAUL TEKULVE 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) None

Respondent's Witnesses:

(1) John Paul Tekulve, R.Ph., Respondent

(2) Wayne Miller, R.Ph.

(3) James Edward Tekulve, Father of Respondent

(B) Exhibits

State's Exhibits:

(1) Exhibit 1A--Hearing Request letter dated May 22, 2000.

(2) Exhibit 1B--Copy of Hearing Schedule letter dated June 9, 2000.

(3) Exhibit 1C--Copy of Hearing Schedule letter dated June 30, 2000.

(4) Exhibit 1D--Hearing Continuance Request letter, not dated.

(5) Exhibit 1E--Copy of Hearing Schedule letter dated September 8, 2000.

(6) Exhibit 1F--Copy of Fax Cover Sheet and Hearing Request letter dated December 13, 2000.

(7) Exhibit 1G--Copy of Hearing Schedule letter dated January 2, 2001.

(8) Exhibit 1H--Copy of Hearing Schedule letter dated June 4, 2001.

(9) Exhibit 1I--Copy of Ohio Pharmacist computer record of John Paul Tekulve.

(10) Exhibit 2--Copy of six-page Order of the State Board of Pharmacy, Docket No. D-980127-032 in the matter of John Paul Tekulve, R.Ph. effective May 14, 1998.

(11) Exhibit 3

(12) Exhibit 4

(13) Exhibit 5

(14) Exhibit 6

(15) Exhibit 7

(16) Exhibit 8

(17) Exhibit 9

(18) Exhibit 10

(19) Exhibit 11--Copy of letter from Mike Puccini dated August 13, 1997.

(20) Exhibit 12--Copy of Ohio State Board of Pharmacy Jurisprudence Examination (MPJE) grade results for John Paul Tekulve dated November 21, 2000.

Respondent's Exhibits:

(1) Exhibit A--Copy of six-page Order of the State Board of Pharmacy, Docket No. D-980127-032 in the matter of John Paul Tekulve, R.Ph. effective May 14, 1998.

(2) Exhibit B--Two-page copy of PRO Inc. Pharmacist’s Recovery Contract of John Paul Tekulve dated January 31, 1999.

(3) Exhibit C--Two-page copy of PRO Inc. Pharmacist’s Recovery Contract of John Tekulve dated February 15, 2000; Two-page copy of PRO Inc. Pharmacist’s Recovery Contract of John Tekulve dated June 1, 2001.

(4) Exhibit D--Copy of Ohio State Board of Pharmacy Jurisprudence Examination (MPJE) grade results for John Paul Tekulve dated November 21, 2000.

(5) Exhibit E--Copies of letters from: Amy R. Pittman, LSW dated November 19, 1998; David W. Baker dated August 27, 2000; James and Judith Tekulve dated August 18, 2000; Kelly L. Tekulve dated August 26, 2000; Charles J. Broussard, R.Ph., M.Ed. dated August 20, 2000; Terry L. Hughes, D.D.S. dated August 28, 2000; Steven A. Goldblatt dated November 27, 2000; Wayne C. Miller dated October 6, 2000; Wayne C. Miller dated April 10, 2000; Jay S. Belcher, R.Ph. dated July 23, 2001; James F. Liebetrau, R.Ph., not dated; Corissa R. Tekulve dated July 2, 2001.

(6) Exhibit F--Copies of twenty-three pages of support meeting attendance records of John Tekulve dated from February 7, 1999 to August 5, 2001.

(7) Exhibit G--Copies of eighteen pages of Bendiner & Schlesinger, Inc. drug screen reports of John Tekulve for samples collected April 21, 1999; May 31, 1999; June 1, 1999; August 31, 1999; September 22, 1999; November 30, 1999; February 16, 2000; and March 6, 2000; Copies of thirty-nine pages of Quest Diagnostics drug screen reports of John Tekulve for samples collected April 10, 2000; May 8, 2000; May 19, 2000; June 7, 2000; July 8, 2000; August 10, 2000; August 28, 2000; September 25, 2000; October 19, 2000; November 27, 2000; December 27, 2000; January 12, 2001; January 25, 2001; February 12, 2001; March 8, 2001; March 19, 2001; April 18, 2001; May 20, 2001; and June 22, 2001.

(8) Exhibit H--Twenty-one pages of copies of continuing education certificates dated from May 16, 1999 to August 3, 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 John Paul Tekulve has complied with the terms set forth in the Order of the State Board of Pharmacy, Docket No. D-980127-032, effective May 14, 1998.

ACTION OF THE BOARD

Upon consideration of the record as a whole, and 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. 03-3-21594, held by John Paul Tekulve to practice pharmacy in the state of Ohio and places Mr. Tekulve on probation for five years from the date the identification card is issued, with the following conditions:

(A) John Paul Tekulve must enter into a contract, signed within thirty 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) John Paul Tekulve 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 John Paul Tekulve's progress towards recovery and what Mr. Tekulve 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 John Paul Tekulve'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) John Paul Tekulve may not serve as a responsible pharmacist.

(3) John Paul Tekulve may not destroy, assist in, or witness the destruction of controlled substances.

(4) John Paul Tekulve must abide by the contract from the treatment provider and any violation must be reported to the Board immediately.

(5) John Paul Tekulve must not violate the drug laws of the state of Ohio, any other state, or the federal government.

(6) John Paul Tekulve must abide by the rules of the State Board of Pharmacy.

(7) John Paul Tekulve must comply with the terms of this Order.

John Paul Tekulve 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. Adelman and approved by the Board (Aye-8/Nay-0).

RES. 2002-019  Mr. Braylock then moved that the Board adopt the following Order in the matter of Jeffrey Paul Czuba, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-001227-028)

In The Matter Of:

JEFFREY PAUL CZUBA, R.Ph.

4811 Columbia Road, #301

North Olmsted, Ohio 44070

(R.Ph. No. 03-3-21768)

INTRODUCTION

THE MATTER OF JEFFREY PAUL CZUBA CAME FOR HEARING ON AUGUST 7, 2001, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ANN D. ABELE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

JEFFREY PAUL CZUBA WAS REPRESENTED BY DENNIS M. COYNE, AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

(A) Testimony

State's Witnesses:

(1) James Reye, Ohio State Board of Pharmacy

Respondent's Witnesses:

(1) Jeffrey Paul Czuba, R.Ph., Respondent

(2) Todd Jaros, R.Ph.

(3) Tom Nameth

(B) Exhibits

State's Exhibits:

(1) Exhibit 1--Copy of three-page Notice of Opportunity for Hearing letter dated December 27, 2000.

(2) Exhibit 1A--Hearing Request letter dated January 16, 2001.

(3) Exhibit 1B--Copy of Hearing Schedule letter dated January 25, 2001.

(4) Exhibit 1C--Copy of Hearing Schedule letter dated April 30, 2001.

(5) Exhibit 1D--Copy of Ohio Pharmacist computer record of Jeffrey Paul Czuba.

(6) Exhibit 1E--Copy of two-page letter from Jeffrey P. Czuba dated July 25, 2000.

(7) Exhibit 2--Copy of four-page Order of the State Board of Pharmacy, Docket No. D-980319-049 in the matter of Jeffrey Paul Czuba, R.Ph. effective September 9, 1998.

(8) Exhibit 3--Copy of Journal Entry in the Cuyahoga County Common Pleas Court, State of Ohio vs. Jeffrey P. Czuba, Case No. CR352981, dated October 20, 1997.

(9) Exhibit 4--Copy of three-page Fairview Park Police Department Police Report #FP9908799 of Jeffrey P. Czuba dated December 12, 1999.

(10) Exhibit 5--Copy of Fairview Park Police Alcoholic Influence Report No. FP9908799 of Jeffrey Czuba, not dated.

(11) Exhibit 6--Copy of Rocky River Municipal Court Ticket No. F22255 of Jeffrey P. Czuba dated December 12, 1999.

(12) Exhibit 7--Copy of two-page Journal Entry in the Rocky River Municipal Court, State of Ohio vs. Jeffrey P. Czuba, Case No. 99 TRC 20754 A/B, dated March 9, 2000.

Respondent's Exhibits:

(1) Exhibit A--Copy of three-page Notice of Opportunity for Hearing letter dated December 27, 2000; Copy of Hearing Schedule letter dated January 25, 2001; Copy of Hearing Schedule letter dated April 30, 2001.

(2) Exhibit B-- Copy of Rocky River Municipal Court Ticket No. F22255 of Jeffrey P. Czuba dated December 12, 1999; Copy of two-page Journal Entry in the Rocky River Municipal Court, State of Ohio vs. Jeffrey P. Czuba, Case No. 99 TRC 20754 A/B, dated March 9, 2000; Copy of Rocky River Municipal Court Receipt No. 32844 of Jeffrey P. Czuba dated March 9, 2000; Copy of Midwest Services Court Order for Ignition Interlock for Jeff Czuba dated March 9, 2000; Copy of Relapse Prevention Certificate of Jeffrey Czuba dated June 29, 2000; Copy of Oriana House, Inc. Receipt No. 12147 of Jeffrey Czuba dated March 13, 2000.

(3) Exhibit C--Two-page copy of PRO Inc. Pharmacist’s Recovery Contract of Jeff Czuba dated March 15, 2000.

(4) Exhibit D--Copy of P.R.O. Annual Conference-2000 Certificate of Participation in Continuing Pharmacy Education dated May 21, 2000; Copy of 3rd Annual Conference on Chemical Dependency in the Profession of Pharmacy Certificate of Participation in Continuing Pharmacy Education dated April 29, 2001.

(5) Exhibit E--Seventeen pages of copies of letters from the following: Tamara L. Koerber M.Ed., L.P.C. dated January 3, 2000; Tom Nameth, R.Ph. dated February 8, 2000; Tamara L. Koerber M.Ed., L.P.C. dated February 15, 2000; Todd R. Jaros, R.Ph. dated July 6, 2000; Tamara L. Koerber M.Ed., L.P.C. dated July 11, 2000; Suzanne O’Connell dated July 18, 2000; Diana Miller, CCDC III-E, CRPS dated July 24, 2000; Diane Judson, M.A., CCDCIII-E dated February 14, 2001; Robert J. Dougherty, R.Ph. dated April 20, 2001; Bob Tschinkel dated April 25, 2001; Todd R. Jaros, R.Ph. dated April 26, 2001; Charles Broussard, R.Ph., M.Ed. dated April 26, 2001; David F. Merk dated April 28, 2001; Alfonso Greco, R.Ph., not dated; Parviz Boodjeh dated June 19, 2001; Tom Nameth, R.Ph. and Peter Ratycz, R.Ph. dated June 19, 2001.

(6) Exhibit F--Copy of twenty-two pages of support group attendance records of Jeffrey Czuba dated December 30, (no year given), and January 5, 2000 to July 2, 2001.

(7) Exhibit G--Copy of verification of observation of urine drug screen for Jeffrey Czuba performed by Company Health Care on March 17, 2000; Copy of thirty-three pages of drug screen reports for samples collected from Jeffrey Czuba on March 17, 2000, April 25, 2000, May 19, 2000, June 2, 2000, July 8, 2000, July 27, 2000, August 22, 2000, September 18, 2000, November 8, 2000, December 5, 2000, December 29, 2000, January 24, 2001, February 11, 2001, March 7, 2001, April 3, 2001, April 28, 2001, and May 21, 2001.

(8) Exhibit (Supplement Packet)--Copy of three pages of support group attendance records of Jeff Czuba dated May 31 (no year given) and June 1, 2001 to August 6, 2001; Copy of four pages of drug screen reports for samples collected from Jeffrey Czuba on October 10, 2000, January 10, 2001, and July 9, 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 Jeffrey Paul Czuba was originally licensed as a pharmacist in the state of Ohio on July 30, 1996, pursuant to examination, and is currently licensed to practice pharmacy in Ohio. Records further reflect that Jeffrey Paul Czuba was disciplined by the Board on September 9, 1998, for having committed acts equivalent to operating a motor vehicle while under the influence of alcohol and recklessly causing the death of another, and being convicted of the reduced charge of Vehicular Homicide pursuant to Section 2903.07 of the Ohio Revised Code. Accordingly, Jeffrey Paul Czuba's license to practice pharmacy was placed on probation for a period of one year.

(2) Jeffrey Paul Czuba did, on or about December 12, 1999, operate a motor vehicle in the state of Ohio while under the influence of alcohol and/or drugs of abuse, to wit: Jeffrey Paul Czuba was observed driving while under the influence of alcohol; this was Jeffrey Paul Czuba's second DUI offense within the past five years. Such conduct is in violation of Section 4511.19 of the Ohio Revised Code.

(3) Jeffrey Paul Czuba was convicted in the Rocky River Municipal Court of Driving while Under the Influence in violation of Section 4511.19 of the Ohio Revised Code and of Speed (45mph in a 25mph zone) in violation of Section 4511.21 of the Ohio Revised Code. City of Fairview Park vs Jeffrey P. Czuba, 99 TRC 20754 A/B.

CONCLUSION OF LAW

The State Board of Pharmacy concludes that paragraphs (1) through (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 4729.16 of the Ohio Revised Code, and on the basis of the Findings of Fact and Conclusion of Law set forth above, the State Board of Pharmacy hereby suspends for ten years the pharmacist identification card, No. 03-3-21768, held by Jeffrey Paul Czuba effective as of the date of the mailing of this Order.

Further, the State Board of Pharmacy will stay all but the first six months of the ten-year suspension and place Mr. Czuba on probation for the remaining nine and one-half years provided that Jeffrey Paul Czuba does not violate the following conditions:

(A) Jeffrey Paul Czuba, 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) Jeffrey Paul Czuba, 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.

(C) Jeffrey Paul Czuba must enter into a contract, signed within thirty 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 ten years and submit a copy of the signed contract to the Board office within ten days of signing. 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.

(D) Jeffrey Paul Czuba 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 Jeffrey Paul Czuba's progress towards recovery and what he has been doing during the previous three months.

(E) Other terms of probation are as follows:

(1) The State Board of Pharmacy hereby declares that Jeffrey Paul Czuba'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) Jeffrey Paul Czuba may not serve as a responsible pharmacist.

(3) Jeffrey Paul Czuba may not destroy, assist in, or witness the destruction of controlled substances.

(4) Jeffrey Paul Czuba must abide by the contract from the treatment provider and any violation must be reported to the Board immediately.

(5) Jeffrey Paul Czuba must not violate the drug laws of the State of Ohio, any other state, or the federal government.

(6) Jeffrey Paul Czuba must abide by the rules of the State Board of Pharmacy.

(7) Jeffrey Paul Czuba must comply with the terms of this Order.

Jeffrey Paul Czuba 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. Adelman and approved by the Board (Aye-5/Nay-3).

Mr. Rowland then presented a proposed settlement from Kevin Chakos. After discussion, Mr. Turner moved that the Board deny the settlement offered in the matter of Kevin Chakos. The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).

5:25 p.m.

The Board meeting recessed until Wednesday, August 8, 2001.

WEDNesday, August 8, 2001

10:05 a.m.     ROLL CALL

The State Board of Pharmacy reconvened in Room 1850, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with the following members present:

Ann D. Abele, R.Ph. (President); Diane C. Adelman, R.Ph. (Vice-President); Gregory Braylock, R.Ph.; Suzanne R. Eastman, R.Ph.; Robert P. Giacalone, R.Ph.; Lawrence J. Kost, R.Ph.; Nathan S. Lipsyc, R.Ph.; and James E. Turner, R.Ph.

The Board discussed items not requiring official action of the Board.

10:12 a.m.

The Board took a recess until the start of the next hearing.

10:15 a.m.

Dorothy S. Teater, Public Board Member, arrived.

10:50 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 matters of Riverside Mercy Home Pharmacy Services, Toledo; Daniel M. Scott, R.Ph., Toledo; and Charlene M. Newmister, R.Ph., Genoa.

11:53 a.m.

The hearing was recessed for lunch.

1:01 p.m.

The Board reconvened in Room 1850 with all members present to continue the hearing in the matters of Riverside Mercy Home Pharmacy Services, Toledo; Daniel M. Scott, R.Ph., Toledo; and Charlene M. Newmister, R.Ph., Genoa.

4:39 p.m.

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

4:50 p.m.

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

5:40 p.m.

RES. 2002-020  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 Daniel M. Scott, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-010116-037)

In The Matter Of:

DANIEL M. SCOTT, R.Ph.

6059 Saddlewood

Toledo, Ohio 43613

(R.Ph. No. 03-2-15428)

INTRODUCTION

THE MATTER OF DANIEL M. SCOTT CAME FOR HEARING ON AUGUST 8, 2001, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ANN D. ABELE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

DANIEL M. SCOTT WAS REPRESENTED BY JAMES E. BRAZEAU AND JAMES R. KNEPP, II AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

(A) Testimony

State's Witnesses:

(1) Paul Kover, R.Ph., Ohio State Board of Pharmacy

(2) Sue Mota

Respondent's Witnesses:

(1) Daniel M. Scott, R.Ph., Respondent

(2) Charlene M. Newmister, R.Ph.

(3) Steven Meyer, R.Ph.

(B) Exhibits

State's Exhibits:

(1) Exhibit 1S--Copy of four-page Notice of Opportunity for Hearing letter dated January 16, 2001.

(2) Exhibit 1S-A--Hearing Request letter dated February 9, 2001.

(3) Exhibit 1S-B--Copy of Hearing Schedule letter dated February 16, 2001.

(4) Exhibit 1S-C--Copy of Ohio Pharmacist computer record of Daniel Mark Scott.

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

(16)

Respondent's Exhibits:

(1)

(2)

(3)

(4)

(5)

(6) Exhibit F--Letter regarding Charlene Newmister from Steven R. Meyer, M.S., R.Ph. dated July 27, 2001.

(7) Exhibit G--Letter regarding Charlene Newmister from Randell Carter, R.Ph. dated July 26, 2001.

(8) Exhibit H--Letter regarding Charlene Newmister from Robert Tjan dated July 24, 2001.

(9) Exhibit I--Letter regarding Charlene Newmister from Tari S. Cecil, R.Ph. dated July 22, 2001.

(10) Exhibit J--Letter regarding Charlene Newmister from Margaret Mattoon MSN, RN dated July 27, 2001.

(11)

(12)

(13) .

(14)

(15)

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 Daniel M. Scott was originally licensed in the State of Ohio on March 1, 1984, pursuant to examination, and is currently licensed to practice pharmacy in the State of Ohio. Records further reflect that Daniel M. Scott is the Responsible Pharmacist at Riverside Mercy Home Pharmacy Services pursuant to Sections 4729.27 and 4729.55 of the Ohio Revised Code and Rule 4729-5-11 of the Ohio Administrative Code.

(2)

(3)

(4)

CONCLUSIONS OF LAW

(1)

(2) Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraph (4) of the Findings of Fact constitutes being guilty of violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapter 4729. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

ACTION OF THE BOARD

Pursuant to Section 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 imposes a monetary penalty of one thousand five hundred dollars ($1,500.00) on Daniel M. Scott and payment in full is due and owing within thirty days of the mailing of this Order. The remittance 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. Adelman and approved by the Board (Aye-7/Nay-1).

RES. 2002-021  Ms. Eastman then moved that the Board adopt the following Order in the matter of Charlene M. Newmister, R.Ph., Genoa:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-010116-036)

In The Matter Of:

CHARLENE M. NEWMISTER, R.Ph.

408 Main Street

Genoa, Ohio 43430

(R.Ph. No. 03-3-20024)

INTRODUCTION

THE MATTER OF CHARLENE M. NEWMISTER CAME FOR HEARING ON AUGUST 8, 2001, BEFORE THE FOLLOWING MEMBERS OF THE BOARD:, ANN D. ABELE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

CHARLENE M. NEWMISTER WAS REPRESENTED BY JAMES E. BRAZEAU AND JAMES R. KNEPP, II AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

(A) Testimony

State's Witnesses:

(1) Paul Kover, R.Ph., Ohio State Board of Pharmacy

(2) Sue Mota

Respondent's Witnesses:

(1) Daniel M. Scott, R.Ph.

(2) Charlene M. Newmister, R.Ph., Respondent

(3) Steven Meyer, R.Ph.

(B) Exhibits

State's Exhibits:

(1) Exhibit 1N--Copy of three-page Notice of Opportunity for Hearing letter dated January 16, 2001.

(2) Exhibit 1N-A--Hearing Request letter dated February 9, 2001.

(3) Exhibit 1N-B--Copy of Hearing Schedule letter dated February 16, 2001.

(4) Exhibit 1N-C--Copy of Ohio Pharmacist computer record of Charlene M. Newmister.

(5) Exhibit 2--Copy of St. Charles Hospital Oncology Outpatient Management Plan and Treatment Summary of Lyle Ganske dated June 15, 2000.

(6) Exhibit 3--Copy of St. Charles Mercy Hospital Physician’s Orders of Lyle Ganske dated June 22, 2000.

(7) Exhibit 4--Copy of Mercy Home Care IV Therapy Orders of Lyle Ganske dated June 23, 2000.

(8) Exhibit 5--Copy of Riverside Mercy Home Pharmacy Physician Prescription of Lyle Ganske dated June 26, 2000.

(9) Exhibit 6--Riverside Mercy Home Pharmacy Delivery Ticket of Lyle Ganske dated June 26, 2000.

(10) Exhibit 7--Copy of five-page Statement of Daniel M. Scott notarized August 1, 2000.

(11) Exhibit 8--Copy of Dangerous Drug Distributor Inspection Report of Riverside Mercy Home Service dated September 12, 2000.

(12) Exhibit 9--Copy of six-page Response to the Inspection Report from Daniel M. Scott dated September 15, 2000.

(13) Exhibit 10--Copy of Lucas County Coroner’s Office Case Summary On The Death of Lyle Ganske dated August 14, 2000, and Certificate of Death of Lyle Ernest Ganske filed August 17, 2000.

(14) Exhibit 11--Copy of Mercy Home Care Interdisciplinary Communication Form regarding Patient Lyle Ganske; copy of Initial Patient Assessment & Plan of Care for Lyle Ganske signed by Char Newmister, R.Ph. and dated June 28, 2000; and copy of Riverside Home Pharmacy Care Plan, Chemo-Therapeutic Review/Pharmaceutical Care Plan for Lyle Ganske signed by Char Newmister and dated June 28, 2000.

(15) Exhibit 12--Copy of three-page Riverside Mercy Home Service "Time Line of Events leading to the Dispensing and Administration of Prescription #000003663 to the Patient" dated from June 15, 2000 through July 11, 2000.

(16) Exhibit 13--Copy of two 4" x 6" photographs of older man, young woman, and boy; one at dining room table and one with a motorcycle, not dated.

Respondent's Exhibits:

(1) Exhibit A--Letter regarding Dan Scott from Scott E. Shook dated July 20, 2001.

(2) Exhibit B--Letter regarding Dan Scott from Rev. Linda Smith-Criddle, Ph.D. dated July 23, 2001.

(3) Exhibit C--Letter regarding Dan Scott from Theresa McCarroll dated July 25, 2001.

(4) Exhibit D--Letter regarding Dan Scott from Robert Tjan dated July 24, 2001.

(5) Exhibit E--Copy of two Continuing Pharmaceutical Education Credit Statements of Danier (sic) Scott for programs numbered 071-999-00-013-H01 and 071-999-00-017-H01, both dated December 28, 2000.

(6) Exhibit F--Letter regarding Charlene Newmister from Steven R. Meyer, M.S., R.Ph. dated July 27, 2001.

(7) Exhibit G--Letter regarding Charlene Newmister from Randell Carter, R.Ph. dated July 26, 2001.

(8) Exhibit H--Letter regarding Charlene Newmister from Robert Tjan dated July 24, 2001.

(9) Exhibit I--Letter regarding Charlene Newmister from Tari S. Cecil, R.Ph. dated July 22, 2001.

(10) Exhibit J--Letter regarding Charlene Newmister from Margaret Mattoon MSN, RN dated July 27, 2001.

(11) Exhibit K--Copy of two Continuing Pharmaceutical Education Credit Statements of Charlene Newmister for programs numbered 071-999-00-013-H01 and 071-999-00-017-H01, both dated August 2, 2001.

(12) Exhibit L--Copy of two-page Riverside Mercy Hospital Policy No. 750-223 for Chemotherapy Protocol dated June 27, 2001.

(13) Exhibit M--Copy of Oncology Flow Sheet form, not dated.

(14) Exhibit N--Copy of Oncology/Immunology CE Series article titled "Preventing Medication Errors With Antineoplastic Agents, Part 1" (Hospital Pharmacy; Volume 35, May 2000; pages 511 through 525).

(15) Exhibit O--Copy of Oncology/Immunology CE Series article titled "Preventing Medication Errors With Antineoplastic Agents, Part 2" (Hospital Pharmacy; Volume 35, July 2000; pages 732 through 749).

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 Charlene M. Newmister was originally licensed in the State of Ohio on July, 28, 1993, pursuant to examination, and is currently licensed to practice pharmacy in the State of Ohio.

(2) Charlene M. Newmister did, on or about June 28, 2000, fail to perform prospective drug utilization review, to wit: when medications had been dispensed to a patient pursuant to prescription number 000003663, even though it was her position to do so, Charlene M. Newmister failed to review the original prescription for over-utilization, incorrect drug dosage and duration of drug treatment, and misuse in accordance with the mandates set forth in Section 4729.01(B) of the Ohio Revised Code and Rule 4729-5-20(C) of the Ohio Administrative Code. Further, when Charlene M. Newmister may have surmised that there was a problem with the quantity dispensed, Charlene M. Newmister asked a technician for an opinion and then simply dropped the issue. Such conduct is in violation of Rule 4729-5-20 of the Ohio Administrative Code.

CONCLUSIONS OF LAW

(1) The State Board of Pharmacy concludes that paragraph (2) of the Findings of Fact constitutes 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.

(2) The State Board of Pharmacy concludes that paragraph (2) of the Findings of Fact constitutes being guilty of violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapter 4729. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

ACTION OF THE BOARD

Pursuant to Section 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 imposes a monetary penalty of five hundred dollars ($500.00) on Charlene M. Newmister and payment in full is due and owing within thirty days of the mailing of this Order. The remittance 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-7/Nay-1).

RES. 2002-022  Mr. Braylock then moved that the Board adopt the following Order in the matter of Riverside Mercy Home Pharmacy Services, Toledo:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-010116-038)

In The Matter Of:

RIVERSIDE MERCY HOME PHARMACY SERVICES

c/o Daniel M. Scott, R.Ph.

1600 North Superior Street

Toledo, Ohio 43604

(T.D. No. 02-1027600)

INTRODUCTION

THE MATTER OF RIVERSIDE MERCY HOME PHARMACY SERVICES CAME FOR HEARING ON AUGUST 8, 2001, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ANN D. ABELE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

RIVERSIDE MERCY HOME PHARMACY SERVICES WAS REPRESENTED BY JAMES E. BRAZEAU AND JAMES R. KNEPP, II AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

(A) Testimony

State's Witnesses:

(1) Paul Kover, R.Ph., Ohio State Board of Pharmacy

(2) Sue Mota

Respondent's Witnesses:

(1) Daniel M. Scott, R.Ph., Respondent

(2) Charlene M. Newmister, R.Ph.

(3) Steven Meyer, R.Ph.

(B) Exhibits

State's Exhibits:

(1) Exhibit 1R--Copy of four-page Notice of Opportunity for Hearing letter dated January 16, 2001.

(2) Exhibit 1R-A--Hearing Request letter dated February 9, 2001.

(3) Exhibit 1R-B--Copy of Hearing Schedule letter dated February 16, 2001.

(4) Exhibit 1R-C--Copy of Ohio Dangerous Drug Distributor computer record of Riverside Mercy Home Pharmacy Services.

(5) Exhibit 2--Copy of St. Charles Hospital Oncology Outpatient Management Plan and Treatment Summary of Lyle Ganske dated June 15, 2000.

(6) Exhibit 3--Copy of St. Charles Mercy Hospital Physician’s Orders of Lyle Ganske dated June 22, 2000.

(7) Exhibit 4--Copy of Mercy Home Care IV Therapy Orders of Lyle Ganske dated June 23, 2000.

(8) Exhibit 5--Copy of Riverside Mercy Home Pharmacy Physician Prescription of Lyle Ganske dated June 26, 2000.

(9) Exhibit 6--Riverside Mercy Home Pharmacy Delivery Ticket of Lyle Ganske dated June 26, 2000.

(10) Exhibit 7--Copy of five-page Statement of Daniel M. Scott notarized August 1, 2000.

(11) Exhibit 8--Copy of Dangerous Drug Distributor Inspection Report of Riverside Mercy Home Service dated September 12, 2000.

(12) Exhibit 9--Copy of six-page Response to the Inspection Report from Daniel M. Scott dated September 15, 2000.

(13) Exhibit 10--Copy of Lucas County Coroner’s Office Case Summary On The Death of Lyle Ganske dated August 14, 2000, and Certificate of Death of Lyle Ernest Ganske filed August 17, 2000.

(14) Exhibit 11--Copy of Mercy Home Care Interdisciplinary Communication Form regarding Patient Lyle Ganske; copy of Initial Patient Assessment & Plan of Care for Lyle Ganske signed by Char Newmister, R.Ph. and dated June 28, 2000; and copy of Riverside Home Pharmacy Care Plan, Chemo-Therapeutic Review/Pharmaceutical Care Plan for Lyle Ganske signed by Char Newmister and dated June 28, 2000.

(15) Exhibit 12--Copy of three-page Riverside Mercy Home Service "Time Line of Events leading to the Dispensing and Administration of Prescription #000003663 to the Patient" dated from June 15, 2000 through July 11, 2000.

(16) Exhibit 13--Copy of two 4" x 6" photographs of older man, young woman, and boy; one at dining room table and one with a motorcycle, not dated.

Respondent's Exhibits:

(1) Exhibit A--Letter regarding Dan Scott from Scott E. Shook dated July 20, 2001.

(2) Exhibit B--Letter regarding Dan Scott from Rev. Linda Smith-Criddle, Ph.D. dated July 23, 2001.

(3) Exhibit C--Letter regarding Dan Scott from Theresa McCarroll dated July 25, 2001.

(4) Exhibit D--Letter regarding Dan Scott from Robert Tjan dated July 24, 2001.

(5) Exhibit E--Copy of two Continuing Pharmaceutical Education Credit Statements of Danier (sic) Scott for programs numbered 071-999-00-013-H01 and 071-999-00-017-H01, both dated December 28, 2000.

(6) Exhibit F--Letter regarding Charlene Newmister from Steven R. Meyer, M.S., R.Ph. dated July 27, 2001.

(7) Exhibit G--Letter regarding Charlene Newmister from Randell Carter, R.Ph. dated July 26, 2001.

(8) Exhibit H--Letter regarding Charlene Newmister from Robert Tjan dated July 24, 2001.

(9) Exhibit I--Letter regarding Charlene Newmister from Tari S. Cecil, R.Ph. dated July 22, 2001.

(10) Exhibit J--Letter regarding Charlene Newmister from Margaret Mattoon MSN, RN dated July 27, 2001.

(11) Exhibit K--Copy of two Continuing Pharmaceutical Education Credit Statements of Charlene Newmister for programs numbered 071-999-00-013-H01 and 071-999-00-017-H01, both dated August 2, 2001.

(12) Exhibit L--Copy of two-page Riverside Mercy Hospital Policy No. 750-223 for Chemotherapy Protocol dated June 27, 2001.

(13) Exhibit M--Copy of Oncology Flow Sheet form, not dated.

(14) Exhibit N--Copy of Oncology/Immunology CE Series article titled "Preventing Medication Errors With Antineoplastic Agents, Part 1" (Hospital Pharmacy; Volume 35, May 2000; pages 511 through 525).

(15) Exhibit O--Copy of Oncology/Immunology CE Series article titled "Preventing Medication Errors With Antineoplastic Agents, Part 2" (Hospital Pharmacy; Volume 35, July 2000; pages 732 through 749).

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 Riverside Mercy Home Pharmacy Services is a licensed Terminal Distributor of Dangerous Drugs, and Daniel M. Scott is the Responsible Pharmacist at Riverside Mercy Home Pharmacy Services pursuant to Rule 4729-5-11 of the Ohio Administrative Code and Sections 4729.27 and 4729.55 of the Ohio Revised Code.

(2) Riverside Mercy Home Pharmacy Services did, on or about June 26, 2000, misbrand a drug, to wit: when the pharmacy received a prescription for Vincristine and Adriamycin (a VAD drug regimen) for a chemotherapy patient, a pharmacist employed by the facility misinterpreted the prescription, number 000003663, and dispensed a quantity which had not been prescribed by the physician. A second pharmacist reviewed the prescription and the dispensed medication, yet failed to recognize the error. The patient subsequently died from the drug overdose. Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code (relating to Section 3715.64(A)(10)(d) of the Ohio Revised Code).

(3) Riverside Mercy Home Pharmacy Services did, on or about June 26, 2000, dispense a drug pursuant to prescription without having the correct directions for use indicated on the label affixed to the container, to wit: when dispensing prescription number 000003663, the facility’s pharmacists did not indicate the directions for use of the drug as was prescribed by the physician. Such conduct is in violation of Rule 4729-5-16 of the Ohio Administrative Code.

(4) Riverside Mercy Home Pharmacy Services did, on or about June 26, 2000, fail to perform prospective drug utilization review, to wit: when dispensing medications to a patient pursuant to prescription number 000003663, the facility’s pharmacists failed to review the original prescription for over-utilization, incorrect drug dosage and duration of drug treatment, and misuse in accordance with the mandates set forth in Rule 4729-5-20(C) of the Ohio Administrative Code and Section 4729.01(B) of the Ohio Revised Code. Such conduct is in violation of Rule 4729-5-20 of the Ohio Administrative Code.

CONCLUSIONS OF LAW

(1) The State Board of Pharmacy concludes that paragraphs (3) and (4) of the Findings of Fact constitute violating rules of the Board as provided in Division (A)(2) of Section 4729.57 of the Ohio Revised Code.

(2) The State Board of Pharmacy concludes that paragraph (4) of the Findings of Fact constitutes violating provisions of Chapter 4729. of the Revised Code as provided in Division (A)(3) of Section 4729.57 of the Ohio Revised Code.

(3) The State Board of Pharmacy concludes that paragraph (2) of the Findings of Fact constitutes violating provisions of the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, or Chapter 3715. of the Revised Code as provided in Division (A)(4) of Section 4729.57 of the Ohio Revised Code.

ACTION OF THE BOARD

Pursuant to Section 4729.57 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 imposes a monetary penalty of four thousand dollars ($4,000.00) on Riverside Mercy Home Pharmacy Services and payment in full is due and owing within thirty days of the mailing of this Order. The remittance 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 Mr. Kost and approved by the Board (Aye-8/Nay-0).

5:49 p.m.

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

PER DIEM	08/06	08/07	08/08	Total
Abele	1	1	1	3
Adelman	1	1	1	3
Braylock	1	1	1	3
Eastman	1	1	1	3
Giacalone	1	1	1	3
Kost	1	1	1	3
Lipsyc	1	1	1	3
Teater	1	1	1	3
Turner	1	1	1	3

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

5:50 p.m.

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

THE BOARD APPROVED THESE MINUTES ON SEPTEMBER 11, 2001.