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

September 11, 12, 2001

 

TUESDAY, SEPTEMBER 11, 2001

 

  8:00 a.m.     ROLL CALL

 

The State Board of Pharmacy convened in Room 1948, 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.; 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.

  8:05 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 Raleigh L. Smith, R.Ph., Waldo.

  9:40 a.m.

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

10:04 a.m.

The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of conducting an adjudication hearing in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of James W. Smetana, R.Ph., West Milton.

11:30 a.m.

The hearing was recessed and continued to a later date due to the emergency declara­tion issued by the Governor, mandating the evacuation of the building by all non-essential personnel.

11:33 a.m.

After discussion, Mr. Lipsyc moved that the Minutes of the August 6, 7, 8, 2001, Board meeting be approved as amended.  The motion was seconded by Mrs. Adelman and approved by the Board (Aye-7/Nay-0).

11:41 a.m.

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

11:43 a.m.

RES. 2002-023  The Executive Session ended and the meeting was opened to the public.  Mrs. Teater moved that the Board adopt the following Order in the matter of Raleigh L. Smith, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-010514-064)

 

In The Matter Of:

 

RALEIGH L. SMITH, R.Ph.

1686 Newmans Cardington Road East

Waldo, Ohio  43356

(R.Ph. No. 03-1-10859)

 

INTRODUCTION

 

THE MATTER OF RALEIGH L. SMITH CAME FOR HEARING ON SEPTEMBER 11, 2001 BEFORE THE FOLLOWING MEMBERS OF THE BOARD:  ANN D. ABELE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; GREGORY BRAYLOCK, 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.

 

RALEIGH L. SMITH WAS REPRESENTED BY DANIEL L. CONNOR, 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)     Donita  Smith, Respondent’s Wife

(2)     Stephen Harris, R.Ph.

(3)     Raleigh L. Smith, Respondent

 

(B)     Exhibits

 

State's Exhibits:

 

(1)     Exhibit 1--Hearing Request letter dated May 10, 2001.

(2)     Exhibit 1A--Copy of Hearing Schedule letter dated May 14, 2001.

(3)     Exhibit 1B--Copy of Ohio Pharmacist computer record of Raleigh L. Smith.

(4)     Exhibit 2--Copy of two-page Statement of Raleigh L. Smith notarized August 16, 1999.

(5)     Exhibit 3--Copy of Wal-Mart Audit for May 1, 1999 through August 5, 1999.

(6)     Exhibit 4--Copy of two-page Indictment in the Marion County Court of Common Pleas, State of Ohio vs. Raleigh L. Smith aka “Butch”, Case No. 99-CR-0227, filed September 8, 1999.

(7)     Exhibit 5--Copy of two-page Request for Treatment in Lieu of Conviction in the Marion County Court of Common Pleas, State of Ohio vs. Raleigh L. Smith, Case No. 99 CR 00227, filed September 22, 1999.

(8)     Exhibit 6--Copy of Indictment in the Marion County Court of Common Pleas, State of Ohio vs. Raleigh L. Smith aka “Butch”, Case No. 00-CR-0046, filed February 24, 2000.

(9)     Exhibit 7--Copy of six-page Judgment Entry of Sentencing in the Marion County Court of Common Pleas, State of Ohio vs. Raleigh L. Smith aka “Butch”, Case No. 00-CR-046, filed June 9, 2000.

(10)   Exhibit 8--Copy of two-page letter from Marion County Assistant Prosecuting Attorney Rhonda G. Burggraf dated June 29, 2000; Copy of Ohio Board of Pharmacy Offense Report for Raleigh “Butch” Smith; Copy of six-page Judgment Entry of Sentencing in the Marion County Court of Common Pleas, State of Ohio vs. Raleigh L. Smith aka “Butch”, Case No. 00-CR-046, filed June 3, 2000.

(11)   Exhibit 9--Copy of seven-page Order of the State Board of Pharmacy, Docket No. D-990908-017 in the matter of Raleigh L. Smith, R.Ph. dated September 11, 2000.

 

Respondent's Exhibits:

 

(1)     Exhibit A--Copy of two-page PRO Inc. Recovering Pharmacist’s Contract of Raleigh L. Smith dated October 1, 2000; Copy of seven-page Order of the State Board of Pharmacy, Docket No. D-990908-017 in the matter of Raleigh L. Smith, R.Ph. dated September 11, 2000; Copy of a table listing continuing pharmacy education programs dated between January 16, 2000 and April 29, 2001 totaling 8.7 CEUs; Seventeen pages of copies of continuing pharmacy education certificates dated between January 16, 2000 and April 29, 2001; Copy of Cashier’s Check No. 262623 payable to Marion County Clerk of Courts in the amount of $21,326.88 dated January 20, 2001, and Marion County Common Pleas Court Receipt No. 114204 dated January 23, 2001; Copy of twenty-three pages of drug screen reports of Raleigh Smith for samples collected July 6, 2000, August 21, 2000, September 20, 2000, October 17, 2000, November 7, 2000, December 6, 2000, January 5, 2001, January 19, 2001, February 13, 2001, March 12, 2001, April 20, 2001, April 27, 2001, May 26, 2001, June 22, 2001, July 21, 2001, and August 6, 2001; Copy of sixteen pages of support meeting attendance verification sheets of Butch Smith dated August 1, 2000 through August 16, 2001; Letter from Dean Dibling, Marion County Adult Probation Department, dated August 13, 2001; Letter from Jerome E. Driesen, M.D. dated August 15, 2001; Copy of letter from Stephen D. Harris, R.Ph. dated August 16, 2001; Letter from Richard A. Kryc, R.Ph. dated August 9, 2001; Letter from Charlie Broussard, R.Ph. dated August 6, 2001.

(2)     Exhibit B--Copy of Quest Diagnostics Incorporated drug screen report of Raleigh Smith for sample collected September 3, 2001.

(3)     Exhibit C--Personal Data of Raleigh L. Smith, not dated; Two-page copy of PRO, Inc. Pharmacist’s Recovery Contract of Raleigh Smith dated September 12, 1999; Copy of Harding Addiction Recovery Center Continuing Care Treatment Agreement of Raleigh Smith dated September 14, 1999; Copy of letter from Connor & Behal L.L.P. dated February 14, 2000; Copy of letter from Gayle L. Diehl dated February 28, 2000; Copy of Harding Hospital Chart of Raleigh Smith consisting of 105 pages dated from August 24, 1999, through September 14, 1999; Copy of four letters from Gayle L. Diehl dated February 28, 2000, July 31, 2000, December 28, 1999, and June 22, 2000; Copy of letter from Patricia Kijewski dated April 5, 2000; Copy of letter from Stephen D. Harris dated July 18, 2000; Copy of twenty-four pages of drug screen reports of Raleigh Smith for samples collected August 26, 1999, August 27, 1999, September 1, 1999, September 3, 1999, September 10, 1999, September 21, 1999, October 7, 1999, October 8, 1999, October 28, 1999, November 22, 1999, December 13, 1999, January 25, 2000, February 22, 2000, March 21, 2000, April 20, 2000, May 17, 2000, June 13, 2000, and July 6, 2000; Affidavit of Jerome Driesen, M.D. notarized on July 27, 2000; Copy of twenty pages of support meeting attendance verification sheets of Raleigh L. Smith dated from August 31, 1999, through July 31, 2000; Two Certificates of Appreciation of Raleigh Smith dated December 31, 1999, and April 28, 2000; page 6 of the Prospective, not dated; pages 1 and 3 of the Prospective, Volume 4, Issue 3, dated July, 2000; unnumbered page of the Prospective, dated Summer 2000; and copy of two-page Presby Press, dated May, 2000; Eighteen pages of copies of continuing pharmacy education certificates dated between January 16, 2000, through June 23, 2000; Letter from Gerggory (sic) P. Musson dated July 24, 2000; Two-page letter from Lesley, not dated; two-page letter from Donita K. Smith dated July 17, 2000; two-page letter from Nancy K. (Smith) Eaves dated July 27, 2000; and two-page letter from Jeffrey L. Smith dated August 1, 2000; Letter from Susan E. Perry dated July 6, 2000, and letter from Carol E. Grant, not dated; Letter from Jerome E. Driesen dated July 27, 2000; letter form Stephen D. Harris dated February 20, 2000; letter from Richard A. Kryc dated February 15, 2000; letter from Todd R. Jaros dated July 6, 2000; letter from Tracey Merrin dated August 2, 2000; letter from Gerald W. Reed dated July 31, 2000; and letter from Mary B. dated July 3, 2000.

(4)     Exhibit D--Copy of seventeen pages of drug screen reports of Raleigh Smith for samples collected August 21, 2000, September 20, 2000, October 17, 2000, November 7, 2000, December 6, 2000, January 5, 2001, January 19, 2001, February 13, 2001, March 12, 2001, April 13, 2001, April 20, 2001, April 27, 2001, May 26, 2001, June 22, 2001, July 21, 2001, and August 6, 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 Raleigh L. Smith has complied with the terms set forth in the Order of the State Board of Pharmacy, Docket No. D-990908-017, effective September 11, 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. 03-1-10859, held by Raleigh L. Smith to practice pharmacy in the state of Ohio and places Mr. Smith on probation for five years from the date the identification card is issued, with the following conditions:

 

(A)     Raleigh L. Smith 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)     Hydrocodone must be added to the standard urine drug screen.

 

(c)     Results of all drug screens must be negative.  Any positive results, including those which may have resulted from ingestion of food, but excluding false positives which resulted from medication legitimately prescribed, indicates a violation of the contract and probation.

 

(2)     The intervener/sponsor shall provide copies of all drug 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)     Raleigh L. Smith 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 Raleigh L. Smith 's progress towards recovery and what Raleigh L. Smith 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 Raleigh L. Smith'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)     Raleigh L. Smith may not serve as a responsible pharmacist.

 

(3)     Raleigh L. Smith may not destroy, assist in, or witness the destruction of controlled substances.

 

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

 

(5)     Raleigh L. Smith must not violate the drug laws of the State of Ohio, any other state, or the federal government.

 

(6)     Raleigh L. Smith must abide by the rules of the State Board of Phar­macy.

 

(7)     Raleigh L. Smith must comply with the terms of this Order.

 

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

 

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

MOTION CARRIED.

SO ORDERED.

 

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

11:45 a.m.

The rest of the scheduled business for the day was postponed until a later date and the meeting was recessed until Wednesday, September 12, 2001.

 

 

wednesday, september 12, 2001

 

  8:00 a.m.     ROLL CALL

 

The State Board of Pharmacy reconvened in Room 1948, 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); 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.

  8:07 a.m.

Mr. Benedict discussed the Maryhaven request that had been tabled during the August meeting with the Board.  Mr. Benedict announced that, due to a change in the proce­dure at Maryhaven, a request for a waiver from the requirements of Administrative Code Rule 4729-5-10 was no longer needed and the request was, therefore, being withdrawn.

 

Mr. Benedict then presented a request from Richard Gulling, R.Ph. asking for a waiver from the requirements of Administrative Code Rule 4729-5-11(A) to allow him to serve as responsible pharmacist at more than one location.  After discussion, the request was tabled pending receipt of further information.

 

RES. 2002-024  Mr. Benedict next presented a request from Ron Ferguson, R.Ph. asking for a waiver from the requirements of Administrative Code Rule 4729-5-11(A) to allow him to serve as responsible pharmacist at more than one location.  After discussion, Mr. Giacalone moved that the request be approved until the sale is made or for six months, whichever comes first, at the following two locations:

 

Stoudt Pharmacy (02-0654600)

Mt. Orab Pharmacy (02-1102600)

 

The motion was seconded by Mr. Turner and approved by the Board (Aye-5/Nay-0).

 

RES. 2002-025  Mr. Benedict presented a request from Robert Chandler asking for a waiver from the requirements of Administrative Code Rule 4729-5-11(A) to allow him to serve as respon­sible person at more than one location.  After discussion, Mr. Kost moved that the request be approved until the opening of the new site at the following two locations:

 

University Hosp. Cleveland PET Lab (02-111100)

Cyclo-Tech LLC (New Application)

 

The motion was seconded by Mr. Lipsyc and approved by the Board (Aye-5/Nay-0).

 

RES. 2002-026  Mr. Keeley then presented a request from the American Pharmaceutical Association (APhA) for approval of the immunization courses offered by them over the last several years.  After a discussion of Mr. Keeley’s review of the materials presented by APhA, Mr. Kost moved that the Board approve the courses in pharmacist administration of immunizations that were conducted by the APhA from 1999 to the present.  The motion was seconded by Mr. Turner and approved by the Board (Aye-5/Nay-0).

  8:20 a.m.

Board Member Gregory Braylock, R.Ph. arrived.

  8:23 a.m.

RES. 2002-027  After obtaining more information, the Board again reviewed the request from Richard Gulling R.Ph. asking for a waiver from the requirements of Administrative Code Rule 4729-5-11(A) to allow him to serve as responsible pharmacist at more than one location.  After discussion, Mr. Turner moved that the request be approved for one year at the following two locations:

 

Samaritan LTC Pharmacy (02-0978350)

Samaritan Pharmacy at Maria Joseph(02-978400)

 

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

 

RES. 2002-028  Mr. Lipsyc and Mr. McMillen discussed two requests from groups wishing to be approved as providers of continuing pharmacy education (CPE) by the Board.  After discussion, Mr. Lipsyc moved that the Board approve the application presented by Holzer Medical Center Pharmacy/Gallipolis to be a provider of continuing pharmacy education.  The motion was seconded by Mr. Turner and approved by the Board (Aye-6/Nay-0).

 

RES. 2002-029  Mr. Lipsyc then moved that the Board approve the application presented by the Drake Center, Inc./Cincinnati to be a provider of continuing pharmacy education.  The motion was seconded by Mr. Turner and approved by the Board (Aye-6/Nay-0).

  8:38 a.m.

Board Member Diane Adelman, R.Ph. arrived and joined the meeting in progress.

 

RES. 2002-030  Mr. Benedict presented a request from Steven Salo, R.Ph. that the Board reconsider the prohibition in his Board Order against working in a licensed location so that he could attend school to become a physical therapy assistant.  After discussion, Mrs. Teater moved that the Board deny the request.  The motion was seconded by Mr. Turner and approved by the Board (Aye-7/Nay-0).

 

Mr. Keeley presented his Legislative Report to the Board.

 

There was no report on the Medical Board Prescribing Committee to be presented.

 

Mr. Kost reported that the Nursing Board Committee on Prescriptive Governance would be meeting the week of September 17.

 

Ms. Abele reported that the next Nursing Board Formulary Committee meeting was scheduled for October 15th.

 

Mr. Winsley announced that the Board office would soon be sending out a Compliance Bulletin due to the announcement by the Drug Enforcement Administration (DEA) that Midrin® and other products containing dichloralphenazone were now Schedule IV controlled substances.

  8:52 a.m.

RES. 2002-031  Mr. Kost moved that the Board recognize William Kelley, R.Ph. on the retirement of his license to practice pharmacy.  The motion was seconded by Mr. Turner and approved by the Board (Aye-7/Nay-0).

  8:56 a.m.

The Board took a brief recess.

  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 Karen E. Martin, R.Ph., Lebanon.

10:14 a.m.

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

10:27 a.m.

RES. 2002-032  Mr. Lipsyc moved that, due to the unusual circumstances that occurred on Tuesday, the Board approve a special reciprocity meeting to be held by the Board staff for those reciprocity candidates who were scheduled to appear before the Board on Tuesday, September 11, 2001, and that these candidates be awarded their pharmacist iden­tification cards upon the successful completion of that meeting.  Furthermore, Mr. Lipsyc moved that Board staff should report the names of the successful reciprocity candidates to the Board at the next meeting of the Board.  The motion was seconded by Mr. Giacalone and approved by the Board (Aye-7/Nay-0).

10:29 a.m.

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

10:55 a.m.

RES. 2002-033  The Executive Session ended and the meeting was opened to the public.  Mr. Braylock moved that, pursuant to Section 3719.121 of the Revised Code, the Board summarily suspend the license to practice pharmacy belonging to Ralph Homer, R.Ph. (03-2-09922) due to the fact that a continuation of his professional practice presents a danger of immediate and serious harm to others.  The motion was seconded by Mr. Lipsyc and approved by the Board (Aye-7/Nay-0).

 

RES. 2002-034  Mr. Kost then moved that the Board adopt the following Order in the matter of Karen E. Martin, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-010313-050)

 

In The Matter Of:

 

KAREN E. MARTIN, R.Ph.

1757 Phillips Road

Lebanon, Ohio  45036

(R.Ph. No. 03-1-14807)

 

INTRODUCTION

 

THE MATTER OF KAREN E. MARTIN CAME FOR HEARING ON SEPTEMBER 12, 2001 BEFORE THE FOLLOWING MEMBERS OF THE BOARD:  ANN D. ABELE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; GREGORY BRAYLOCK, 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.

 

KAREN E. MARTIN 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)     Robert Burdick, R.Ph., Ohio State Board of Pharmacy

 

Respondent's Witnesses:

 

(1)     Karen E. Martin, Respondent

 

(B)     Exhibits

 

State's Exhibits:

 

(1)     Exhibit 1--Copy of Notice of Opportunity for Hearing letter dated March 13, 2001.

(2)     Exhibit 1A--Hearing Request letter dated March 21, 2001.

(3)     Exhibit 1B--Copy of Hearing Schedule letter dated March 23, 2001.

(4)     Exhibit 1C--Copy of Ohio Pharmacist computer record of Karen Elaine Martin.

(5)     Exhibit 2--Copy of Statement of Karen Martin notarized on July 27, 2000.

(6)     Exhibit 3--Copy of  Statement of Cynthia Chopp notarized  on July 27, 2000.

(7)     Exhibit 4--Copy of CVS Prescription No. 29971500 dated June 21, 1999.

(8)     Exhibit 5--Copy of CVS/pharmacy computer-generated page of labels and customer receipt for Prescription No. 37785600 dated May 19, 2000; Copy of CVS/pharmacy Prescription No. 9105312 dated March 4, 2000, and information printout  for Prescription No. 37785600 dated May 19, 2000.

(9)     Exhibit 6--Copy of letter from Marshall C. Wareham, MD, FACS dated August 15, 2001.

(10)   Exhibit 7--Copy of two-page letter from James D. Ruppert dated August 28, 2001.

 

Respondent's Exhibits:

 

(1)     Exhibit A1--Two-page letter from Karen E. Martin, PharmD dated February 27, 2001.

(2)     Exhibit A2--Two-page handwritten letter from Charles M. Neu, R.Ph. dated August 25, 2001.

(3)     Exhibit A2a--Typed letter from Charles M. Neu, R.Ph. dated August 25, 2001.

(4)     Exhibit A3--Letter from James E. Henderson, R.Ph. dated August 12, 2001.

(5)     Exhibit A4--Letter from Deacon Ned Ostendorf dated August 13, 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 Karen E. Martin was origi­nally licensed in the state of Ohio on August 6, 1982, pursuant to examination, and is currently licensed to practice pharmacy in the state of Ohio.

 

(2)     Karen E. Martin did, on or about May 19, 2000,  sell a drug that was mis­branded, to wit: having prescription number 377856 for Trusopt, an ophthalmic solution to relieve ocular pressure, Karen E. Martin dispensed TobraDex, an ophthalmic steroidal suspension.  The patient required surgery and suffered permanent sight loss.  Such conduct is in violation of Section 3715.52 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 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, and on the basis of the Findings of Fact and Conclusion of Law set forth above, the State Board of Pharmacy hereby imposes on Karen E. Martin a monetary penalty of two hundred fifty dollars 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. Braylock and approved by the Board (Aye-7/Nay-0).

11:02 a.m.

Mrs. Adelman moved that the Board receive Per Diem as follows:

 

PER DIEM

07/05

07/06

09/10

09/11

09/12

Total

Abele

-

-

1

1

1

3

Adelman

-

-

-

1

1

2

Braylock

-

1

 

1

1

3

Eastman

-

-

-

-

-

0

Giacalone

-

-

-

1

1

2

Lipsyc

1

-

-

1

1

3

Kost

-

-

-

1

1

2

Teater

-

-

-

1

1

2

Turner

-

-

-

1

1

2

 

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

11:03 a.m.

Mrs. Teater moved that the meeting be adjourned so that the Board members could attend the Annual Licensure Ceremony at Villa Milano beginning at Noon.  The motion was seconded by Mr. Turner and approved (Aye-7/Nay-0).

 

 

 

THE BOARD APPROVED THESE MINUTES ON OCTOBER 1, 2001.