RECORD OF THE PROCEEDINGS -- NOVEMBER 5 & 6, 2001

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

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

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

Minutes Of The Meeting

Ohio State Board of Pharmacy

November 5, 6, 2001

MONDAY, NOVEMBER 5, 2001

8:00 a.m. The following Board Members and staff traveled to the Kroger Central Fill Pharmacy operation located in Groveport, Ohio, for a tour and an explanation of the operations occurring there: Ann Abele, Diane Adelman, Gregory Braylock, Suzanne Eastman, Lawrence Kost, Nathan Lipsyc, Dorothy Teater, James Turner, William Winsley, Timothy Benedict, William McMillen, and Mark Keeley.

10:30 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.; Suzanne R. Eastman, 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.

10:40 a.m.

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

11:50 a.m.

RES. 2002-062 The Executive Session ended and the meeting was opened to the public. Mr. Lipsyc moved that the Board deny the settlement offer in the matter of Marion Szczechowski, R.Ph. as it was written, but ask the attorney to clarify certain aspects for the Board’s reconsideration at the December, 2001 meeting. The motion was seconded by Mr. Turner and approved by the Board (Aye-7/Nay-0).

RES. 2002-063 Mr. Lipsyc then moved that the Board also deny the related settlement offer in the matter of Pharmacy Intern Anthony Ajegba as it was written, but ask the attorney to clarify certain aspects for the Board’s reconsideration at the December, 2001 meeting. The motion was seconded by Mr. Braylock and approved by the Board (Aye-7/Nay-0).

Mr. Winsley distributed written testimony received from the National Association of Chain Drug Stores (NACDS) regarding the rules that would be considered at the Public Hearing to be held at 1:00 p.m.

12:10 p.m.

The Board recessed for lunch.

1:00 p.m.

RES. 2002-064 The Board reconvened in Room 1919, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with all members present except Mr. Giacalone for the purpose of holding a Public Rules Hearing pursuant to Chapter 119. of the Revised Code. The rules subject to the Public Hearing were as follows:

4729-1-01	Public notice of hearing to consider proposed rule changes.
4729-1-02	Notice of meetings.
4729-3-01	Definitions. (Pharmacy internship)
4729-3-02	Registration as a pharmacy intern.
4729-3-03	Application for registration as a pharmacy intern.
4729-3-04	Pharmacy intern identification card renewal.
4729-3-05	Internship credit.
4729-5-07	Recognized and approved colleges of pharmacy.
4729-5-13	Prescription format.
4729-5-24	Prescription copy.
4729-5-27	Recordkeeping.
4729-5-29	Confidentiality of patient records.
4729-5-30	Manner of issuance of prescription. (To Be Rescinded)
4729-5-30	Manner of issuance of a prescription. (Proposed New)
4729-6-01	Definitions; impaired pharmacists.
4729-6-02	Applicability.
4729-6-08	Requirements for approved treatment providers and limited approved treatment providers.
4729-7-02	Requirements for renewal of a pharmacist identification card.
4729-9-04	Returned drugs.
4729-10-02	Licensure. (Nonresident terminal distributors)

1:28 p.m.

The Public Rules Hearing closed and the Board took a brief recess prior to continuing the Board meeting.

1:40 p.m.

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:

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 Kevin Chakos, R.Ph., Cleveland.

4:38 p.m.

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

4:55 p.m.

Mr. Keeley discussed his legislative report with the Board.

Mr. Keeley reported that he had not yet heard back from the Texas Tech immunization program regarding the Board’s questions from the October, 2001 meeting.

Mr. Keeley discussed with the Board members his report on the Board’s fiscal status.

RES. 2002-065 Mr. Benedict presented a request from William H. Franklin, R.Ph. asking for a waiver from the requirements of Rule 4729-5-11(A) to allow him to serve as responsible pharmacist at more than one location. After discussion, Mrs. Adelman moved that the request be approved for a period of one year pending license delivery at the new location:

Hillmed Home Medical Systems (02-0592900)

Hillmed Specialty Pharmacy (New Application)

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

RES. 2002-066 Mr. Winsley then presented a request for an exemption to Rule 4729-5-10 (Pick-up station) so that patient-specific prescriptions for hyaluronidase that have been compounded by Central Ohio Compounding Pharmacy (02-1050650) can be delivered directly to the Riverside Outpatient Surgery Center (02-0968350). Mr. Lipsyc moved that the Board approve this request due to the need for involvement by a health care professional in the patient’s drug therapy [Rule 4729-5-10(B)(5)(b)]. The motion was seconded by Mrs. Teater and approved by the Board (Aye-7/Nay-0).

5:40 p.m.

Mrs. Teater left the meeting.

Mr. Benedict reported on the meeting of the National Association of State Controlled Substance Authorities (NASCSA) that he and Mr. Keeley had attended.

Mr. Benedict then reported on the October 2001 Medical Board Prescribing Committee meeting.

Ms. Abele reported that the Nursing Board Formulary Committee did not meet. Mr. Kost and Mr. Braylock reported on the meeting of the Nursing Board Committee on Prescriptive Governance that was attended by Mr. Braylock.

The Board discussed appointments to N.A.B.P. committees and/or task forces.

Mr. McMillen discussed his licensing report with the Board.

6:10 p.m.

The meeting was recessed until Tuesday, November 6, 2001.

tuesday, November 6, 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:

After a discussion of the draft minutes from the October, 2001 meeting, Ms. Eastman moved that the minutes be approved as amended. The motion was seconded by Mrs. Teater and approved by the Board (Aye-7/Nay-0).

8:13 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 and for the purpose of conferring with an attorney for the Board regarding pending or imminent court action pursuant to Section 121.22(G)(3) of the Revised Code. The motion was seconded by Mr. Lipsyc and a roll call vote was conducted by President Abele as follows: Adelman-Yes, Braylock-Yes, Eastman-Yes, Lipsyc-Yes, Kost-Yes, Teater-Yes, and Turner-Yes.

9:05 a.m.

RES. 2002-067 The Executive Session ended and the meeting was opened to the public. Mr. Braylock moved that the Board issue the following Order in the matter of Kevin Chakos, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-010515-066)

In The Matter Of:

KEVIN CHAKOS, R.Ph.

101 Lloyd Avenue, Apt. #5

Pittsburgh, Pennsylvania 15218

(R.Ph. No. 03-1-24288)

INTRODUCTION

THE MATTER OF KEVIN CHAKOS CAME FOR HEARING ON NOVEMBER 5, 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.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

KEVIN CHAKOS WAS REPRESENTED BY JOHN R. IRWIN 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

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

(3) Kevin Chakos, R.Ph., Respondent

Respondent's Witnesses:

(1) Rachel Sutherland

(B) Exhibits

State's Exhibits:

(1) Exhibit 1--Copy of six-page Summary Suspension Order/Notice of Opportunity for Hearing letter dated May 15, 2001.

(2) Exhibit 1A--Letter with attached two-page Notice of Appearance and two-page Hearing Request from John R. Irwin, M.D. dated May 31, 2001.

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

(4) Exhibit 1C--Copy of Ohio Pharmacist Computer Record of Kevin Chakos.

(5) Exhibit 1D--Letter from John R. Irwin, M.D. dated August 2, 2001; Copy of four-page Settlement Agreement With The State Board of Pharmacy, Docket No. D-990810-013, in the matter of Todd R. Jaros, R.Ph. effective September 7, 1999.

(6) Exhibit 1E--Copy of letter from David L. Rowland dated August 8, 2001.

(7) Exhibit 1F--Letter from John R. Irwin, M.D. dated August 20, 2001.

(8) Exhibit 1G--Letter from John R. Irwin, M.D. dated September 5, 2001; Copy of letter from John R. Irwin, M.D. dated September 5, 2001; Copy of two-page Respondent’s Request For List Of Witnesses And Production Of Documents from John R. Irwin, M.D. dated September 5, 2001.

(9) Exhibit 1H--Copy of letter from Sally Ann Steuk dated September 18, 2001.

(10) Exhibit 1I--Letter from John R. Irwin, M.D. dated October 2, 2001.

(11) Exhibit 2--Copy of Prescription No. 2127039 dated April 17, 2001.

(12) Exhibit 3--Copy of Prescription No. 2053013 dated March 31, 2001.

(13) Exhibit 4--Copy of Prescription No. 2053199 dated April 5, 2001.

(14) Exhibit 5--Copy of Prescription No. 3053046 dated April 2, 2001.

(15) Exhibit 6--Copy of Prescription No. 6053194, not dated.

(16) Exhibit 7--Copy of prescription vial with handwritten label showing "01-1556 4/27/01".

(17) Exhibit 8--Copy of prescription vial labeled Prescription No. 4051509.

(18) Exhibit 9--Copy of Statement of Charlotte Fitzgerald notarized May 17, 2001.

(19) Exhibit 10--Copy of Statement of Vanya Stewart notarized May 17, 2001.

(20) Exhibit 10A--Copy of The MetroHealth System Medication Variance Report, Incident No. ME 017006, dated July 23, 2000.

(21) Exhibit 11--Copy of Statement of Melissa S. Kern notarized May 14, 2001.

(22) Exhibit 12--Copy of MetroHealth Medical Center Department of Pharmacy Services Controlled Substances I.V. Admixtures Form of Lutichia Boykins dated July 20, 2000; Copy of four MetroHealth Systems Pharmacy Inpatient Pharmacy Stock CII Controlled Substance Logs dated July 20, 2000 through July 23, 2000.

(23) Exhibit 13--Copy of Accountability Statement for Hydrocodone/Apap 10/500 at Tops Pharmacy dated May 1, 2001

(24) Exhibit 14--Copy of three-page Statement of Ronald Carns notarized August 10, 2001.

(25) Exhibit 15--Two copies of five-page Available Inventory Value report of Tops Pharmacy #810 dated April 23, 2001.

(26) Exhibit 16--Insurance Claim Log/Counseling Log of Rachel Sutherland, Prescription No. 3053046, dated April 2, 2001.

(27) Exhibit 17--Copy of three-page Ravenna City Police Department Incident Report No. 2011150005 of Kevin Chakos dated April 25, 2001.

(28) Exhibit 17A--Copy of ten-page Indictment, State of Ohio vs. Kevin Chakos, Case No. CR-410780, Cuyahoga County Common Pleas Court, dated September 4, 2001.

(29) Exhibit 18--Copy of two-page Statement of Jeanie A. Massimiani notarized May 10, 2001.

(30) Exhibit 19--Copy of Statement of Bryon Vondruska notarized May 10, 2001.

(31) Exhibit 20--Copy of Statement of John Vargo notarized May 10, 2001.

Respondent's Exhibits:

(1) Exhibit A--Letter from Kathie Simpson, R.N. dated October 31, 2001.

(2) Exhibit B--St. Francis Medical Center Certificate of Completion of Kevin Chakos dated August 6, 2001.

(3) Exhibit C--Letter from Kailla Drozdek dated September 28, 2001.

(4) Exhibit D--Copy of three-page PRO Inc. Pharmacist’s Recovery Contract of Kevin Chakos, dated November 2, 2001 but not signed by the president.

(5) Exhibit D--Four pages of support group attendance records dated from June 24, 2001 to October 25, 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 Kevin Chakos was originally licensed by the State of Ohio on September 1, 2000, pursuant to examination, and that his license to practice pharmacy in the state of Ohio was summarily suspended effective May 15, 2001.

(2) Kevin Chakos is addicted to the use of controlled substances, to wit: Kevin Chakos admitted to Board agents that he was addicted to the use of controlled substances; Kevin Chakos admitted stealing drugs while practicing pharmacy; and, Kevin Chakos admitted to forging prescriptions to obtain controlled substances. Such conduct indicates that Kevin Chakos is addicted to controlled substances within the meaning of Section 3719.121 of the Ohio Revised Code and/or abusing dangerous drugs to such an extent as to render him unfit to practice pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code.

(3) Kevin Chakos did, on or about July 23, 2000, while employed as a pharmacy resident at the MetroHealth System, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of MetroHealth System, beyond the express or implied consent of the owner, to wit: Kevin Chakos has admittedly stolen from 1cc to 5cc of morphine from the pharmacy's IV room. Such conduct violates Section 2913.02 of the Ohio Revised Code.

(4) Kevin Chakos did, between June 26, 2000, and February 2, 2001, by theft, acquire three uncompleted, preprinted prescription blanks used for writing prescriptions, to wit: as a pharmacy resident at MetroHealth System, Kevin Chakos stole three blank prescriptions for the purpose of creating false prescriptions to obtain drugs. Such conduct violates Section 2925.2(C) of the Ohio Revised Code.

(5) Kevin Chakos did, from March 12, 2001, through April 27, 2001, while employed as a pharmacist at Tops Pharmacy, knowingly obtain or exert control over dangerous drugs, the property of Tops Pharmacy, beyond the express or implied consent of the owner, to wit: Kevin Chakos has admittedly stolen 47 tablets of hydrocodone 10mg/APAP 500mg. Such conduct violates Section 2913.02 of the Ohio Revised Code.

(6) Kevin Chakos did, from April 23, 2001, through April 27, 2001, while employed as a pharmacist at Tops Pharmacy, knowingly obtain or exert control over dangerous drugs, the property of Tops Pharmacy, beyond the express or implied consent of the owner, to wit: Kevin Chakos has admittedly stolen the following:

(a) 30 tablets of hydrocodone 5mg/APAP 500mg

(b) 12 tablets of hydrocodone 7.5mg/APAP 750mg

(d) 4 tablets of Vicodin ES

Such conduct violates Section 2913.02 of the Ohio Revised Code.

(7) Kevin Chakos did, on or about April 27, 2001, while employed as a pharmacist at Tops Pharmacy, knowingly obtain or exert control over dangerous drugs, the property of Tops Pharmacy, beyond the express or implied consent of the owner, to wit: Kevin Chakos has admittedly stolen 10 tablets of clonidine hydrochloride 0.2mg and 10 tablets of furosemide 40mg. Such conduct violates Section 2913.02 of the Ohio Revised Code.

(8) Kevin Chakos did, on or about March 31, 2001, intentionally make and/or knowingly possess a false or forged prescription, to wit: Kevin Chakos forged prescription number 2053013, using his own name as the patient, on a stolen prescription blank, to obtain 10 tablets of OxyContin 40mg, a Schedule II controlled substance. Such conduct violates Section 2925.23(B) of the Ohio Revised Code.

(9) Kevin Chakos did, on or about April 2, 2001, intentionally make and/or knowingly possess a false or forged prescription, to wit: Kevin Chakos forged telephone prescription number 3053046, using his girlfriend's name as the patient, to obtain 50 tablets of hydrocodone 10mg/APAP 650mg. Such conduct violates Section 2925.23(B) of the Ohio Revised Code.

(10) Kevin Chakos did, on or about April 4, 2001, intentionally make and/or knowingly possess a false or forged prescription, to wit: Kevin Chakos forged telephone prescription number 6053194, using his own name as the patient, to obtain 25 tablets of atenolol 25mg. Such conduct violates Section 2925.23(B) of the Ohio Revised Code.

(11) Kevin Chakos did, on or about April 5, 2001, intentionally make and/or knowingly possess a false or forged prescription, to wit: Kevin Chakos forged prescription number 2053199, using a fictitious name as the patient, on a stolen prescription blank, to obtain 10 tablets of OxyContin 40mg, a Schedule II controlled substance. Such conduct violates Section 2925.23(B) of the Ohio Revised Code.

(12) Kevin Chakos did, on or about April 17, 2001, intentionally make and/or knowingly possess a false or forged prescription, to wit: Kevin Chakos forged prescription number 2127039, using his own name as the patient, on a stolen prescription blank, to obtain 28 tablets of OxyContin 20mg, a Schedule II controlled substance. Such conduct violates Section 2925.23(B) of the Ohio Revised Code.

(13) Kevin Chakos did, on or about April 25, 2001, knowingly possess or use a controlled substance when not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: during a traffic stop by the Ravenna Police Department, Kevin Chakos was found in possession of, and attempting to hide, 2.12 grams of marijuana, a Schedule I controlled substance. Such conduct violates Section 2925.11 of the Ohio Revised Code.

(14) Kevin Chakos did, on various occasions during 2001, fail to provide effective and approved controls and procedures to detect theft and diversion of dangerous drugs, to wit: while being the sole pharmacist on duty at Tops Pharmacy, Kevin Chakos left the pharmacy premises unattended and unsecured. Kevin Chakos was warned about such conduct by the store's Responsible Pharmacist; however, Kevin Chakos ignored such warnings. Such conduct violates Rule 4729-9-05 of the Ohio Administrative Code as amplified by Rule 4729-9-11 of the Ohio Administrative Code.

CONCLUSIONS OF LAW

(1) Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraphs (3) through (14) of the Findings of Fact constitute being guilty of gross immorality as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code.

(2) Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraphs (3) through (14) of the Findings of Fact constitute being guilty of dishonesty and unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code.

(3) Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraph (2) of the Findings of Fact constitutes being addicted to or abusing liquor or drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy as provided in Division (A)(3) of Section 4729.16 of the Ohio Revised Code.

(4) Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraphs (4), (8), (9), (10), (11), (12), and (13) of the Findings of Fact constitute being guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapter 2925. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

ACTION OF THE BOARD

Pursuant to Section 3719.121 of the Ohio Revised Code, the State Board of Pharmacy hereby removes the Summary Suspension Order issued to Kevin Chakos on May 15, 2001.

Pursuant to Section 4729.16 of the Ohio Revised Code, and on the basis of the Findings of Fact and Conclusions of Law set forth above, the State Board of Pharmacy hereby suspends indefinitely the pharmacist identification card, No. 03-1-24288, held by Kevin Chakos and such suspension is effective as of the date of the mailing of this Order.

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

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

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

(2) Attendance is required a minimum of three times per week at an Alcoholics Anonymous, Narcotics Anonymous, and/or similar support group meeting.

(3) The program shall immediately report to the Board any violations of the contract and/or lack of cooperation.

(C) Kevin Chakos must demonstrate satisfactory proof to the Board that he is no longer addicted to or abusing drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy.

(D) Kevin Chakos must provide, at the reinstatement 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 Kevin Chakos fitness for readmission into the practice of pharmacy;

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

(4) Kevin Chakos must take and pass, within the six-month period prior to his reinstatement petition hearing, the Multistate Pharmacy Jurisprudence Examination or an equivalent examination approved by the Board. If Mr. Chakos does not pass the examination during this period, his license will remain suspended until this condition has been achieved;

(5) Compliance with the continuing pharmacy education requirements set forth in Chapter 4729-7 of the Ohio Administrative Code as applicable and in effect on the date of petitioning the Board for reinstatement;

(6) 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. Kost and approved by the Board (Aye-7/Nay-0).

9:07 a.m.

The Board took a brief recess.

9:18 a.m.

10:17 a.m.

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

10:47 a.m.

RES. 2002-068 After a discussion of the written and oral testimony offered at the Public Rules Hearing held on Monday, Mr. Turner moved that the Board not make any changes to the proposed rules at this time, pending the review of the rules by the Joint Committee on Agency Rule Review (JCARR). The motion was seconded by Mr. Kost and approved by the Board (Aye-7/Nay-0).

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

10:50 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. 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, Lipsyc-Yes, Kost-Yes, Teater-Yes, and Turner-Yes.

12:20 p.m.

RES. 2002-069 The Executive Session ended and the meeting was opened to the public. Mrs. Teater moved that the Board issue the following Order in the matter of Randall T. Lynn:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-010515-065)

In The Matter Of:

RANDALL T. LYNN

7232 Silvercrest Drive

Cincinnati, Ohio 45236

(D.O.B. 10/25/1972)

INTRODUCTION

THE MATTER OF RANDALL T. LYNN CAME FOR HEARING ON NOVEMBER 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.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

RANDALL T. LYNN WAS REPRESENTED BY DAVID L. KERR AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

(A) Testimony

State's Witnesses:

(1) None

Respondent's Witnesses:

(1) Randall T. Lynn, Respondent

(2) Joseph Buganski, R.Ph.

(B) Exhibits

State's Exhibits:

(1) Exhibit 1--Letter from Randall T. Lynn dated May 1, 2001; Copy of two letters from Gary A. Schneider, Ph.D., CCDC III dated December 12, 2000, and December 27, 2000; Copy of letter from Randall T. Lynn dated December 5, 2000.

(2) Exhibit 1A--Two-page Hearing Request letter from David L. Kerr dated May 9, 2001.

(3) Exhibit 1B--Copy of Hearing Schedule letter dated May 15, 2001.

(4) Exhibit 1C--Application For Examination As A Pharmacist of Randall T. Lynn notarized June 26, 2000, and attached statement, not dated.

(5) Exhibit 2--Copy of Ohio Intern Register Record of Randall Todd Lynn showing date registered September 29, 1993.

(6) Exhibit 3--Copy of Certification of Approved Internship Hours On File of Randall Todd Lynn dated July 9, 1997.

(7) Exhibit 4--Copy of four-page Order of the State Board of Pharmacy in the matter of Randall T. Lynn, Docket No. D-960614-067, effective January 31, 1997.

(8) Exhibit 4A--Copy of six-page Order of the State Board of Pharmacy in the matter of Randall T. Lynn, Docket No. D-000712-003, effective October 6, 2000.

(9) Exhibit 5--Copy of Springdale Police Department Criminal Offense Report, No. 95-0988, of Randall Todd Lynn dated May 25, 1995, and attached copy of two-page Case Summary, Offense No. 95-0988, not dated.

(10) Exhibit 6--Copy of Notice of Separation, Form No. 3024-1, of Randy Lynn dated October 3, 1994.

(11) Exhibit 7--Copy of The Kroger Company Year 1995 calendar arranged by Kroger’s 13-period year.

(12) Exhibit 8--Copy of payroll record of Randall Todd Lynn showing 1,255 total hours paid.

(13) Exhibit 9--Copy of time cards of R. Lynn dated May 13, 1995, and May 20, 1995.

(14) Exhibit 10--Copy of envelope addressed to The Kroger Co. Payroll Dept. with USPS stamp-canceled date of May 22, 1995.

(15) Exhibit 11--Copy of Voluntary Statement of Randall T. Lynn dated May 26, 1995.

(16) Exhibit 12--Two-page copy of Indictment, State of Ohio vs. Randall Todd Lynn, Case No. B9504870, Hamilton County Common Pleas Court filed June 13, 1995; Copy of Prosecuting Attorney’s Request For Issuance of Warrant Upon Indictment, State of Ohio vs. Randall Todd Lynn, Case No. B9504870, Hamilton County Common Pleas Court, not dated.

(17) Exhibit 13--Copy of Renewal Application For Intern License No. 06-0-00776 for a license to practice pharmacy as an intern in Ohio from September 15, 1995, to September 15, 1996, of Randall Todd Lynn dated July 26, 1995.

(18) Exhibit 14--Copy of Journal Entry, State of Ohio vs. Randall Lynn, Case No. B954870, Hamilton County Common Pleas Court dated July 25, 1995.

(19) Exhibit 15--Copy of Journal Entry, State of Ohio vs. Randall Lynn, Case No. B954870, Hamilton County Common Pleas Court dated August 29, 1996.

(20) Exhibit 16--Copy of personal check No. 627 of Randall T. Lynn dated June 14, 1995; copy of personal check No. 639 of Randall T. Lynn dated July 15, 1995.

(21) Exhibit 17--Copy of Application For Examination As A Pharmacist of Randall T. Lynn notarized May 13, 1996.

(22) Exhibit 18--Copy of Application For Examination As A Pharmacist of Randall T. Lynn notarized October 29, 2001, and attached copies of the following: Statement, not dated; Letter from Gary A. Schneider, Ph.D., CCDC-III-E dated October 8, 2001; and Alcoholism Council, N.C.A.D.D. Evaluation Form of Randall T. Lynn evaluated October 1, 2001.

Respondent's Exhibits:

(1) Exhibit A1--Three-page Statement of Randall Lynn dated August 31, 2000.

(2) Exhibit A2--Copy of two-page letter from Ronald S. Lynn dated September 1, 2000.

(3) Exhibit A3--Copy of letter from Kris Maltry dated October 25, 2000.

(4) Exhibit A4--Copy of Remedial Grant issued by the Ohio Bureau of Motor Vehicles dated November 7, 2000.

(5) Exhibit A5--Copy of letter from Randall T. Lynn dated December 5, 2000.

(6) Exhibit A6--Copy of letter from Gary A. Schneider, Ph.D., CCDC III dated December 12, 2000.

(7) Exhibit A7--Copy of letter from Gary A. Schneider, Ph.D. dated December 27, 2000.

(8) Exhibit A8--Copy of letter from Randall T. Lynn dated May 1, 2001.

(9) Exhibit A9--Copy of letter from Gary A. Schneider, Ph.D., CCDC-III-E dated October 8, 2001.

(10) Exhibit A10--Copy of Alcoholism Council, N.C.A.D.D. Alcohol and Other Drugs Education/Evaluation Program Disposition Form of Randall Lynn dated October 1, 2001.

(11) Exhibit A11--Copy of Alcoholism Council, N.C.A.D.D. Evaluation Form of Randall T. Lynn evaluated October 1, 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 Randall T. Lynn has complied with the terms set forth in the Order of the State Board of Pharmacy, Docket No. D-000712-003, effective October 6, 2000.

ACTION OF THE BOARD

On the basis of the Finding of Fact set forth above, the State Board of Pharmacy hereby approves the Application For Examination As A Pharmacist submitted by Randall T. Lynn notarized October 29, 2001.

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-0).

12:25 p.m.

The Board recessed for lunch.

1:00 p.m.

The Board convened in Room South B-C, 31st Floor, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio, for the purpose of meeting with the candidates for licensure by reciprocity with the following members present:

RES. 2002-070 Following presentations by Board members and self-introductions by the candidates for licensure by reciprocity, Mr. Turner moved that the Board approve the following candidates for licensure. The motion was seconded by Mrs. Adelman and approved by the Board (Aye-7/Nay-0).

PHILIP AGRESS		PENNSYLVANIA
STACEY GUNN AMBROSE		PENNSYLVANIA
KIMBERLY ANN BEALE		VIRGINIA
LISA MARIE BOBER		WEST VIRGINIA
JENNIFER MICHELLE DAVEY		KENTUCKY
JULIE ANN DEAN		IOWA
NILOFAR N. ESFAHANI		ILLINOIS
DENNIS JAMES FARINA		PENNSYLVANIA
JENNIFER LYNN GILLUM		KENTUCKY
CATHY JANE HOUCHINS		INDIANA
ABDULGHANI AZIZ HOUDI		MICHIGAN
OBIMBA BENNETH ISSAAC-EBRINGA		WASHINGTON DC
HAIMANOT KUMSSA		INDIANA
MARIE S. MAJDALANY		WEST VIRGINIA
VICKI ANN MAZUR-DOUGHERTY		PENNSYLVANIA
CHARLES MICHAEL MILLER		WEST VIRGINIA
JOHN R. MITTERMAN		ILLINOIS
PAULA LYNN MORTON		SOUTH CAROLINA
ANTHONY KWESI NFODJO		IOWA
GORDON ELVIS PARMLEY		KENTUCKY
MINDY JO POSTLEHWAIT		NORTH CAROLINA
CYNTHIA TOD RORER		KENTUCKY
MICHAEL JOSEPH SMITH		MICHIGAN
PHYLLIS DYCHES SMITH		WASHINGTON
DARLA JO STEINER		PENNSYLVANIA
DAVID WILLIAM STREETER		MICHIGAN
KENWYN DOYLEEN THEOBALD		PENNSYLVANIA
LAVERNE M. VON SCIO		PENNSYLVANIA
ROBERT ROY WILKINS		NORTH CAROLINA

1:30 p.m.

The Board reconvened in Room 1948. 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 CVS/pharmacy #3131, Westlake.

1:40 p.m.

As the result of a settlement offer being extended by the attorney for CVS/pharmacy #3131, 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. Kost and a roll call vote was conducted by President Abele as follows: Adelman-Yes, Braylock-Yes, Eastman-Yes, Lipsyc-Yes, Kost-Yes, Teater-Yes, and Turner-Yes.

2:02 p.m.

RES. 2002-071 The Executive Session ended and the meeting was opened to the public. President Abele announced that the hearing in the matter of CVS/pharmacy #3131 would be continued until the January 2002 meeting to allow the attorney for CVS/pharmacy #3131 to create a more complete settlement offer in discussion with the Board’s staff for the Board’s consideration at the December 2001 meeting.

2:20 p.m.

Mr. Lipsyc 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, Lipsyc-Yes, Kost-Yes, Teater-Yes, and Turner-Yes.

3:05 p.m.

The Executive Session ended and the meeting was opened to the public. The Board took a brief recess.

3:15 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 John H. Keyser, R.Ph., Cincinnati.

During the review of the material presented by Mr. Keyser in support of his petition for reinstatement of his pharmacist identification card, 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. Turner and a roll call vote was conducted by President Abele as follows: Adelman-Yes, Braylock-Yes, Eastman-Yes, Lipsyc-Yes, Kost-Yes, Teater-Yes, and Turner-Yes.

4:15 p.m.

RES. 2002-072 The Executive Session ended and the meeting was opened to the public. President Abele noted that there were deficiencies in Mr. Keyser’s documentation and announced that the hearing would be continued until such time as Mr. Keyser could show at least one year of continuous compliance with all of the requirements of his Board Order as had previously been noted in the March 2001 Minutes.

4:21 p.m.

RES. 2002-073 Mr. Keeley presented documentation that he had just received from the Texas Tech (PharmVac) Immunization Program. After discussion, the Board agreed that the program appeared to meet the requirements of the laws and rules relating to pharmacist immunization programs. Mr. Turner moved that the Board approve the existing course for those pharmacists who attended during or after the year 2000 sessions, subject to Mr. Keeley’s verification of the credentials of the program staff. The motion was seconded by Mrs. Teater and approved by the Board (Aye-7/Nay-0).

4:34 p.m.

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

PER DIEM	10/29	11/5	11/6	Total
Abele	-	1	1	2
Adelman	-	1	1	2
Braylock	1	1	1	3
Eastman	-	1	1	2
Giacalone	-	-	-	0
Lipsyc	-	1	1	2
Kost	-	1	1	2
Teater	-	1	1	2
Turner	-	1	1	2

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

4:35 p.m.

Mr. Lipsyc moved that the meeting be adjourned. The motion was seconded by Mr. Braylock and approved (Aye-7/Nay-0).

THE BOARD APPROVED THESE MINUTES ON DECEMBER 3, 2001.