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

December 3, 4, 5, 2001

 

MONDAY, DECEMBER 3, 2001

 

12:10 p.m.     ROLL CALL

 

The State Board of Pharmacy convened in Room South-B&C, 31st Floor, 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); 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; and Sally Ann Steuk, Assistant Attorney General.

12:11 p.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 Ms. Eastman and a roll call vote was conducted by President Abele as follows: Adelman-Yes, Eastman-Yes, Giacalone-Yes, Kost-Yes, Lipsyc-Yes, Teater-Yes, and Turner-Yes.

12:16 p.m.

RES. 2002-074  The Executive Session ended and the meeting was opened to the public.  Mr. Turner moved that the Board accept the settlement offer in the matter of Drug Emporium #32.  The motion was seconded by Mr. Lipsyc and approved by the Board (Aye-7/Nay-0).

 

RES. 2002-075  Mr. Keeley discussed the refiling of Rule 4729-10-02 due to the need to address the concerns raised at the Public Hearing that was held in November.  After discussion, Mrs. Adelman moved that the Board affirm the decision to refile the rule as changed.  The motion was seconded by Ms. Eastman and approved by the Board (Aye-7/Nay-0).

12:34 p.m.

Mr. Braylock arrived and joined the meeting in progress.

 

RES. 2002-076  Mr. Keeley then reported that, pursuant to the Board’s request, he had verified the credentials of the individuals involved in the PharmVac/Texas Tech Immunization Pro­gram with Texas Tech School of Pharmacy and with APhA.

 

RES. 2002-077  Mr. Keeley next presented information received from the University of Cincinnati regard­ing their immunization program for pharmacy students.  After reviewing the educational materials and comparing them to the requirements in the law, Mr. Keeley recommended that the program be approved.  Mr. Kost then moved that the program on immunization technique offered at the University of Cincinnati be approved.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

 

Mr. Keeley presented his Legislative Report to the Board.  There were no items requiring official action by the Board.

 

RES. 2002-078  Mr. Winsley reported that the following agreement with the Trumbull Township Volun­teer Fire Department had been signed and was now effective:

 

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-010312-043)

 

In the Matter of:

 

TRUMBULL TWP. VOLUNTEER FIRE DEPT.

c/o Jim Bradbury

2443 State Route 534

Geneva, Ohio 44041

(Terminal Distributor No. 02-0974850)

 

 

This Settlement Agreement is entered into by and between TRUMBULL TWP. VOLUNTEER FIRE DEPT. and the Ohio State Board of Pharmacy, a state agency charged with enforcing the Pharmacy Practice Act and Dangerous Drug Distribution Act, Chapter 4729. of the Ohio Revised Code.

 

TRUMBULL TWP. VOLUNTEER FIRE DEPT. ENTERS INTO THIS AGREEMENT BEING FULLY INFORMED OF ITS RIGHTS AFFORDED UNDER CHAPTER 119. OF THE OHIO REVISED CODE, INCLUDING THE RIGHT TO REPRESENTATION BY COUNSEL, THE RIGHT TO A FORMAL ADJUDICATION HEARING ON THE ISSUES CONTAINED HEREIN.

 

Whereas, the State Board of Pharmacy is empowered by Section 4729.57 of the Ohio Revised Code to suspend, revoke, refuse to renew any license issued to a terminal distributor of dangerous drugs pursuant to section 4729.54 of the Revised Code, or may impose a monetary penalty on the license holder, for violation of any of the enumerated grounds of Section 4729.57 of the Ohio Revised Code.

 

WHEREAS, Trumbull Twp. Volunteer Fire Dept. is a licensed terminal distributor of danger­ous drugs in the State of Ohio.

 

WHEREAS, on or about March 12, 2001, pursuant to Chapter 119. of the Ohio Revised Code, Trumbull Twp. Volunteer Fire Dept. was notified of the allegations or charges against it, its right to a hearing, its rights in such hearing, and its right to submit con­tentions in writing. Further, a hearing was scheduled by the Board. The March 12, 2001, Notice of Opportunity for Hearing contains the following allegations or charges:

 

(1)     Records of the Board of Pharmacy indicate that you are the EMS Coordinator at Trumbull Twp. Volunteer Fire Dept., 2443 State Route 534 Geneva, Ohio 44041, terminal distributor license number 02-0974850, pursuant to Sections 4729.27 and 4729.55 of the Ohio Revised Code and Rule 4729-5-11 of the Ohio Administrative Code.

 

(2)     Trumbull Twp. Volunteer Fire Dept. did, on or about April 19, 2000, possess for sale dangerous drugs when the conduct was not in accordance with Chapter 4729. of the Ohio Revised Code, to wit: after its license to possess drugs had lapsed and prior to its renewal, the squad possessed dangerous drugs for use on patients.  Such conduct is in violation of Section 4729.51(C) of the Ohio Revised Code, and if proven constitutes violating a provision of Chapter 4729. of the Ohio Revised Code within the meaning of Section 4729.57 of the Ohio Revised Code.

 

(3)     Trumbull Twp. Volunteer Fire Dept. did, on or about June 7, 2000, possess for sale dangerous drugs when the conduct was not in accordance with Chapter 4729. of the Ohio Revised Code, to wit: after its license to possess drugs had lapsed and prior to its renewal, and after having been warned of such conduct by a Board agent on April 19, 2000, the squad possessed dangerous drugs for use on patients.  Such conduct is in violation of Section 4729.51(C) of the Ohio Revised Code, and if proven constitutes violating a provision of Chapter 4729. of the Ohio Revised Code within the meaning of Section 4729.57 of the Ohio Revised Code.

 

(4)     Trumbull Twp. Volunteer Fire Dept. did, on or about April 19, 2000, fail to secure dangerous drugs in an area secured by suitable locks and/or an elec­tronic barrier, to wit: the drug box on the squad had no locks, and the squad was accessible by non-licensed persons.  Such conduct is in violation of Rule 4729-9-11(B) of the Ohio Administrative Code, and if proven constitutes vio­lating a rule of the Board within the meaning of Section 4729.57 of the Ohio Revised Code.

 

(5)     Trumbull Twp. Volunteer Fire Dept. did, on or about June 7, 2000, fail to secure dangerous drugs in an area secured by suitable locks and/or an electronic barrier, to wit: the drug box, without locks, had been stored in the building’s radio room/office, and was accessible by non-licensed persons.  A Board agent had given a written warning about such conduct on April 19, 2000.  Such con­duct is in violation of Rule 4729-9-11(B) of the Ohio Administrative Code, and if proven constitutes violating a rule of the Board within the meaning of Section 4729.57 of the Ohio Revised Code.

 

WHEREAS, Trumbull Twp. Volunteer Fire Dept. denies some or all of the allegations or charges.  Notwithstanding Trumbull Twp. Volunteer Fire Dept.’s denial of the allegations, the Board hereby adjudicates the same.

 

WHEREAS, Trumbull Twp. Volunteer Fire Dept. admits and acknowledges that it is not a “prevailing eligible party” for purposes of Revised Code Sections 119.092 and 2335.39.  Further, Trumbull Twp. Volunteer Fire Dept. waives any rights it may have under Sections 119.09 and 2335.39 of the Ohio Revised Code.

 

WHEREAS, Trumbull Twp. Volunteer Fire Dept., with intention of binding itself and its suc­cessors in interest and assigns, hereby releases, and holds harmless from liability and forever discharges the State of Ohio, the Board, the Ohio Attorney General, and any and all of their present and former members, officers, attorneys, agents and employees, personally and in their official capacities, from any and all claims, demands, causes of actions, judgments, or executions that Trumbull Twp. Volunteer Fire Dept. ever had, or now has or may have, known or unknown, or that anyone claiming through or under it may have or claims to have, created by or arising out of the allegations or charges filed by the Board against Trumbull Twp. Volunteer Fire Dept., set forth in the Notice of Opportun­ity for Hearing.

 

WHEREAS, Trumbull Twp. Volunteer Fire Dept. acknowledges that it has had an opportun­ity to ask questions concerning the terms of this Agreement and that all questions asked have been answered in a satisfactory manner.

 

Therefore, the parties, in consideration of the mutual covenants and promises contained herein, and in lieu of any further formal proceedings at this time, and intending to be bound by said covenants, agree as follows:

 

(A)     Pursuant to Section 4729.25(B) of the Ohio Revised Code, Trumbull Twp. Volun­teer Fire Dept. is hereby reprimanded.

 

This Agreement embodies the entire agreement between and of the parties.  There are no express or implied promises, guarantees, terms, covenants, conditions, or obligations other than those contained herein; and this Agreement supersedes all previous communications, representations or agreements, either verbal or written, between the parties.

 

The parties hereto acknowledge that this Agreement shall be considered a public record as that term is used in Section 149.43 of the Ohio Revised Code and shall become effective upon the date of the Board President’s signature below.

 

/s/          Jim Bradbury

 

/d/     11/27/01

Jim Bradbury, EMS Coordinator TVFD

 

Date of Signature          

 

 

 

/s/          Ann D. Abele

 

/d/     12/3/2001

Ann D. Abele, President, Ohio State Board of Pharmacy

 

Date of Signature

 

 

 

/s/          Sally Ann Steuk

 

/d/      11-29-01

Sally Ann Steuk, Ohio Assistant Attorney General

 

Date of Signature

 

Mr. Benedict then introduced the Board’s newest Compliance Agent, John Findley, to the Board members.

  1:08 p.m.

The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of conducting an adjudication hearing in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of Richard D. Dudek, R.Ph., Warren.

  4:08 p.m.

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

  4:15 p.m.

Mr. Winsley presented a request for information from the National Association of Boards of Pharmacy (NABP) regarding reciprocity of pharmacists’ licenses with the state of Florida.  After a brief discussion, this item was tabled so that more information could be obtained.

 

RES. 2002-079  Mr. Winsley then requested that the Board approve the signing of the Letters of Agree­ment for the NAPLEX and MPJE examinations.  After discussion, Mr. Turner moved that the Board authorize the signing of both Letters of Agreement for calendar year 2002.  The motion was seconded by Mrs. Adelman and approved by the Board (Aye-8/Nay-0).

 

Mr. Kost reported on the recent meeting and activities of the Nursing Board Committee on Prescriptive Governance (C.P.G.).

 

Mr. Benedict reported on the November meeting of the Medical Board Prescribing Committee.

 

Ms. Abele reported that the Nursing Board Formulary Committee would not meet until January.

  4:35 p.m.

After discussion of the draft minutes from the November, 2001 meeting, Ms. Eastman moved that they be approved as amended.  The motion was seconded by Mrs. Adelman and approved by the Board (Aye-7/Nay-0/Abstain-1[Giacalone]).

  4:40 p.m.

The meeting was recessed until Tuesday, December 4, 2001.

 

 

tuesday, december 4, 2001

 

  8:06 a.m.     ROLL CALL

 

The State Board of Pharmacy reconvened in Room South-B&C, 31st Floor, 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.

  8:08 a.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. Braylock 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.

  8:39 a.m.

RES. 2002-080  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 Richard D. Dudek, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-010615-076)

 

In The Matter Of:

 

RICHARD D. DUDEK, R.Ph.

8007 Fox Hound Run

Warren, Ohio 44484

(R.Ph. No. 03-3-07233)

 

INTRODUCTION

 

THE MATTER OF RICHARD D. DUDEK CAME FOR HEARING ON DECEMBER 3, 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 D. DUDEK WAS REPRESENTED BY MICHAEL H. GERTNER AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

SUMMARY OF EVIDENCE

 

(A)     Testimony

 

State's Witnesses:

 

(1)     George Pavlich, Ohio State Board of Pharmacy

 

Respondent's Witnesses:

 

(1)     Richard D. Dudek, R.Ph., Respondent

 

(B)     Exhibits

 

State's Exhibits:

 

(1)     Exhibit 1--Copy of four-page Notice of Opportunity for Hearing letter dated June 15, 2001.

(2)     Exhibit 1A--Hearing Request letter from Michael H. Gertner dated June 25, 2001.

(3)     Exhibit 1B--Copy of Hearing Schedule letter dated July 2, 2001.

(4)     Exhibit 1C--Copy of Ohio Pharmacist Computer Record of Richard D. Dudek.

(5)     Exhibit 2--Copy of two-page Dangerous Drug Distributor Inspection Report of Westside Family Discount Drugs dated December 7, 1999.

(6)     Exhibit 3--Copy of ten Accountability Statements, one for each of the following drugs: OxyContin 20mg tablets; MS Contin 30mg tablets; methylphenidate 10mg tablets; methylphenidate 20mg tablets; methylphenidate 5mg tablets; Tylox 5/325 capsules; Percocet 5/325 tablets; Percodan 4.5 .38/325 tablets; Roxicet 5/325 tablets; and Roxiprin 4.25 .38/325 tablets, at Westside Pharmacy dated March 12, 2000.

(7)     Exhibit 4--Copy of fourteen-page transcript of an interview by George Pavlich with Richard D. Dudek on February 10, 2000.

(8)     Exhibit 5--Dangerous Drug Distributor Inspection Report-Receipt of Richard Dudek, R.Ph. dated February 10, 2000.

(9)     Exhibit 6--Three amber plastic bottles, one with no label, one with a blue label, and one with a white label handwritten with Tussionex and directions for use.

(10)   Exhibit 7--Copy of three Summa Health Systems Toxicology/Therapeutic Drug Monitoring Reports for three vials collected from Dick Dudek dated February 14, 2000; Copy of Summa Health Systems Chain of Custody Form for Dick Dudek dated February 14, 2000.

(11)   Exhibit 8--Copy of Accountability Statement for Tussionex Syrup 10mg/5ml at Westside Pharmacy dated March 12, 2000.

(12)   Exhibit 9--Copy of two-page DEA 106 Report Of Theft Or Loss Of Controlled Substances of Westside Family Discount dated March 11, 2000.

(13)   Exhibit 10--Playful Puppies 1999 Calendar.

(14)   Exhibit 11--Five-page copy of Indictment, State of Ohio vs. Richard Dudek, R.Ph., Trumbull County Common Pleas Court, Case No. 2000CR313, dated May 25, 2000.

(15)   Exhibit 12--Two-page copy of Journal Entry, State of Ohio vs. Richard Dudek, Trumbull County Common Pleas Court, Case No. 00-CR-313, dated October 27, 2000.

 

Respondent's Exhibits:

 

(1)     Exhibit A--Copy of resume of Richard D. Dudek, not dated.

(2)     Exhibit B--Letter from Michael H. Gertner dated December 14, 2000.

(3)     Exhibit C--Two-page copy of letter from Ed Simko, R.Ph. dated November 18, 2001; Copy of letter from James J. Gomochak, R.Ph. dated November 24, 2001; Copy of letter from Tullio Belmaggio dated November 25, 2001; Copy of letter from Frank E. Roberts, R.Ph. dated November 18, 2001; Copy of letter from Dennis J. Persin dated November 19, 2001; and Copy of letter from Nellie A. Rutherford dated November 23, 2001.

(4)     Exhibit D--Four-page copy of Agreed Entry Of Stipulation Of Use Of Polygraph, State of Ohio vs. Richard R.(sic) Dudek, Case No. 00-CR-313, Trumbull County Common Pleas Court, not signed or dated.

(5)     Exhibit E--Three-page copy of Finding On Guilty Plea To Bill Of Information, State of Ohio vs. Richard Dudek, Case No. 00-CR-313-A, Trumbull County Common Pleas Court, not signed or dated.

 

FINDINGS OF FACT

 

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

 

(1)     Records of the State Board of Pharmacy indicate that Richard D. Dudek was ori­ginally licensed by the State of Ohio on August 8, 1960, pursuant to examina­tion, and is currently licensed to practice pharmacy in the state of Ohio.  Board records further indicate that during the relevant time periods stated herein, Richard D. Dudek was the Responsible Pharmacist at Westside Pharmacy, 1180 W. Market Street, Warren, Ohio 44485, pursuant to Sections 4729.27 and 4729.55 of the Ohio Revised Code and Rule 4729-5-11 of the Ohio Admini­strative Code.

 

(2)     Richard D. Dudek as the Responsible Pharmacist did, from April 29, 1999, through November 23, 1999, fail to provide effective and approved controls and procedures to deter and detect theft and diversion of dangerous drugs, to wit: the following controlled substances were diverted from Westside Pharmacy, Warren Ohio, while Richard D. Dudek was the Responsible Pharmacist:

 

Drug

          

Amount

OxyContin 20mg

 

100

MS Contin 30mg

 

100

Ritalin 10mg

 

493

Ritalin 20mg

 

575

Ritalin 5mg

 

280

Tylox 5mg

 

300

Percocet 5mg

 

1,376

Percodan

 

500

Roxicet 5mg

 

2,831

Roxiprin 5mg

 

12

 

Such conduct is in violation of Rule 4729-9-05 of the Ohio Administrative Code.

 

(3)     Richard D. Dudek did, on or about April 29, 1999, with purpose to deprive, know­ingly obtain or exert control over dangerous drugs, the property of Westside Pharmacy, beyond the express or implied consent of the owner, to wit: Richard D. Dudek admittedly stole 500cc of Hydrocodone Syrup, a Schedule III controlled substance.  Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

 

(4)     Richard D. Dudek did, on various dates throughout 1999, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Westside Pharmacy, beyond the express or implied consent of the owner, to wit: Richard D. Dudek admittedly stole 10 units of Provera and 25 units of Premarin each month (except May and June) for Richard D. Dudek’s wife's use.  Such conduct is in viola­tion of Section 2913.02 of the Ohio Revised Code.

 

(5)     Richard D. Dudek did, on various dates throughout 1999, sell dangerous drugs when the conduct was not in accordance with Chapters 4729. and 4731. of the Ohio Revised Code, to wit: without prescription, Richard D. Dudek gave his wife a continuous supply of Provera and Premarin that Richard D. Dudek had stolen from the pharmacy in which Richard D. Dudek was employed.  Such conduct is in viola­tion of Section 4729.51(C)(1) of the Ohio Revised Code.

 

(6)     Richard D. Dudek did, on or about April 17, 18, 19, and 20, 1999, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the prop­erty of another, beyond the express or implied consent of the owner, to wit: Richard D. Dudek admittedly stole Amoxil from his employer Westside Phar­macy.  Such con­duct is in violation of Section 2913.02 of the Ohio Revised Code.

 

(7)     Richard D. Dudek did, on or about January 31, 2000, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of West­side Pharmacy, beyond the express or implied consent of the owner, to wit: Richard D. Dudek admittedly stole one package of Zithromax.  Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

 

(8)     Richard D. Dudek was convicted of two counts of theft, first degree misde­meanors, in violation of Section 2913.02(A)(1) of the Ohio Revised Code.  State of Ohio v. Richard Dudek, Case No. 00-CR-313-A, Trumbull County Common Pleas Court.  Such conviction indicates being convicted of a misdemeanor related to, or committed in, the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code.

 

CONCLUSIONS OF LAW

 

(1)     Upon consideration of the record as a whole, the State Board of Pharmacy con­cludes that paragraphs (2) through (8) of the Findings of Fact constitute being guilty of gross immorality as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code.

 

(2)     Upon consideration of the record as a whole, the State Board of Pharmacy con­cludes that paragraphs (2) through (8) 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 (8) of the Findings of Fact constitutes having been con­victed of a misdemeanor related to, or committed in, the practice of pharmacy as provided in Division (A)(4) 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 paragraph (5) of the Findings of Fact constitutes being guilty of willfully 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 sus­pends for ten years the pharmacist identification card, No. 03-3-07233, held by Richard D. Dudek and such suspension is effective as of the date of the mailing of this Order.

 

(A)     Richard D. Dudek, 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)     Richard D. Dudek, 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, the Board will stay the last nine years of the suspension and place Richard D. Dudek on probation for those nine years, provided that Richard D. Dudek meets the following conditions:

 

(A)     Richard D. Dudek must, within one year from the date of the mailing of this Order, take and pass the Multistate Pharmacy Jurisprudence Examination, or an equivalent examination approved by the Board, and submit documentation of this to the Board office.  If Mr. Dudek does not pass the examination within the one-year period, his license will remain suspended until this condition has been achieved.

 

(B)     Richard D. Dudek must, from the date of the mailing of this Order, attend one live continuing pharmacy education program in Board-approved Jurisprudence each year for ten years, which may not be used for license renewal, and submit documenta­tion of each to the Board office.

 

(C)     Upon reinstatement of Richard D. Dudek's identification card to practice phar­macy in the state of Ohio, the conditions of probation are as follows:

 

(1)     The State Board of Pharmacy hereby declares that Richard D. Dudek’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)     Richard D. Dudek may not serve as a responsible pharmacist.

 

(3)     Richard D. Dudek must not violate the drug laws of the state of Ohio, any other state, or the federal government.

 

(4)     Richard D. Dudek must abide by the rules of the Ohio State Board of Pharmacy.

 

(5)     Richard D. Dudek must comply 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 Mrs. Adelman and approved by the Board (Aye-6/Nay-2).

 

Mr. Keeley discussed the Nursing Board C.P.G. committee rules that were being discussed at JCARR.

  8:52 a.m.

RES. 2002-081  The Board was joined by Wayne Miller, R.Ph. representing the Pharmacists Rehabilita­tion Organization (PRO).  Mr. Miller presented a proposed change to the way PRO would handle the required urine collections for those pharmacists under Board order for ran­dom urine testing.  After discussion, Mr. Giacalone moved that the Board approve the PRO Drug Screening Policy for use with all of PRO’s clients who are under Board order.  The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).

  9:15 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 Bruce Elliott Franken, R.Ph., Columbus.

12:02 p.m.

The hearing was recessed for lunch.

  1:00 p.m.

The Board convened 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 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.

 

RES. 2002-082  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 Mr. Kost and approved by the Board (Aye-8/Nay-0).

 

KEVIN JAMES COPPLE

          

KANSAS

GINA MARIE CORRADO

 

MISSOURI

TEWODROS GETACHEW

 

INDIANA

ESTAY LEWIS GREENE, JR.

 

PENNSYLVANIA

ANNETTE JEAN MOLONY

 

KENTUCKY

PRISCA NKEIRUKA ONWUMERE

 

MINNESOTA

PRATIXA KANTIBHAI PATEL

 

ILLINOIS

DAVID JOHN PETERSON

 

NEVADA

MARCIA G. WALBERG

 

PENNSYLVANIA

  1:29 p.m.

The Board reconvened in Room South-B&C, 31st Floor, Vern Riffe Center for Govern­ment and the Arts, to continue the hearing in the matter of Bruce Elliott Franken, R.Ph.

  2:22 p.m.

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

  2:32 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 Ralph G. Homer, R.Ph., Olmsted Township.

  3:27 p.m.

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

  3:35 p.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 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.

  4:40 p.m.

RES. 2002-083  The Executive Session ended and the meeting was opened to the public.  Mr. Turner moved that the Board issue the following Order in the matter of Ralph G. Homer, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-010913-009)

 

In The Matter Of:

 

RALPH G. HOMER, R.Ph.

7192 Timber Lane

Olmsted Twp., Ohio 44138

(R.Ph. No. 03-2-09922)

 

INTRODUCTION

 

THE MATTER OF RALPH G. HOMER CAME FOR HEARING ON DECEMBER 4, 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.

 

RALPH G. HOMER 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

 

Respondent's Witnesses:

 

(1)     Ralph G. Homer, Respondent

(2)     Marion Homer, Wife of Respondent

(3)     Todd Jaros, R.Ph.

 

(B)     Exhibits

 

State's Exhibits:

 

(1)     Exhibit 1--Copy of four-page Summary Suspension Order/Notice of Opportunity for Hearing letter dated September 13, 2001.

(2)     Exhibit 1A--Hearing Request letter from John R. Irwin, M.D. dated October 2, 2001.

(3)     Exhibit 1B--Copy of Hearing Schedule letter dated October 12, 2001.

(4)     Exhibit 1C-Copy of three-page Amendment Notice dated November 13, 2001.

(5)     Exhibit 1D--Copy of Ohio Pharmacist Computer Record of Ralph George Homer.

(6)     Exhibit 2--One-pint stock bottle labeled "Hydromet Syrup, 5mg and 1.5mg/5ml" manufactured by Alpharma, with handwritten label stating "Removed From Pharmacy Trash ... on 9/1/01 ...".

(7)     Exhibit 3--Amber bottle with handwritten label stating “Found In Pharmacy on 9/6/01 ... 20ml Hydromet Syrup and Hydramine liquid ...”.

(8)     Exhibit 4--Amber prescription vial with handwritten label stating “Taken From Residence, Ralph Homer, 9/6/01, 1 white tab-Vioxx 25mg”.

(9)     Exhibit 5--White prescription vial with handwritten label stating “Taken From Home of Ralph Homer on 9/6/01, 7 white tabs 'M360'-2 Norgesic Forte, 3 yellow caps Mylan 5050”.

(10)   Exhibit 6--Amber prescription vial with handwritten label stating “Taken From R. Homer Residence 9/6/01, 6 yellow caps-Mylan 5050, 3 white tabs- Halcion 0.5mg, 26 yellow tabs-generic valium”.

(11)   Exhibit 7--Amber prescription vial with handwritten label stating “Taken From Home of Ralph Homer on 9/6/01, 5 tabs M360”.

(12)   Exhibit 8--Brown prescription vial with handwritten label stating “Taken From Home of Ralph Homer 9/6/01, 2 white tabs G800 Ibuprofen 800mg”.

(13)   Exhibit 9--Accountability Statement for Hydrocodone Compound Syrup 5mg/5m at Tops Pharmacy #874 dated October 25, 2001.

(14)   Exhibit 10--Accountability Statement for Hydrocodone/Acet 5/500 tablets at Tops Pharmacy #874 dated October 25, 2001.

(15)   Exhibit 11--Accountability Statement for Hydrocodone/Acet 7.5/750 tablets at Tops Pharmacy #874 dated October 25, 2001.

(16)   Exhibit 12--Accountability Statement for Hydrocodone/Acet 10/650 tablets at Tops Pharmacy #874 dated October 25, 2001.

(17)   Exhibit 13--Accountability Statement for Vicoprofen at Tops Pharmacy #874 dated October 25, 2001.

(18)   Exhibit 14--Statement of Evelyn L. Diaz notarized November 19, 2001.

(19)   Exhibit 15--Accountability Statement for Diazepam 5mg tablets at Tops Phar­macy #874 dated October 25, 2001.

(20)   Exhibit 16--Accountability Statement for Diazepam 10mg tablets at Tops Phar­macy #874 dated October 25, 2001.

(21)   Exhibit 17--Accountability Statement for Temazepam 15mg capsules at Tops Pharmacy #874 dated October 25, 2001.

(22)   Exhibit 18--Accountability Statement for Temazapam 30mg capsules at Tops Pharmacy #874 dated October 25, 2001.

(23)   Exhibit 19--Accountability Statement for Norgesic Forte 60mg tablets at Tops Pharmacy #874 dated October 25, 2001.

(24)   Exhibit 20--Accountability Statement for Vioxx 50mg tablets at Tops Pharmacy #874 dated October 25, 2001.

(25)   Exhibit 21--Accountability Statement for Vioxx 25mg tablets at Tops Pharmacy #874 dated October 25, 2001.

(26)   Exhibit 22--Accountability Statement for Vioxx 12.5 mg tablets at Tops Phar­macy #874 dated October 25, 2001.

 

Respondent's Exhibits:

 

(1)     Exhibit A1--Letter from Gregory B. Collins, M.D. dated November 21, 2001.

(2)     Exhibit A2--Letter from Joseph W. Janesz, Ph.D., PCC, CCDC III-E, CRC and Gregory B. Collins, M.D. dated November 21, 2001.

(3)     Exhibit A3--Letter from Rudy Kump, M.A., CCDCIII.

(4)     Exhibit A4--Three-page PRO Inc. Pharmacist’s Recovery Contract of Ralph G. Homer Jr., dated October 6, 2001.

(5)     Exhibit A5-A--September 2001 calendar page.

(6)     Exhibit A5-B-F--Five pages of support group attendance verification records dated from September 12, 2001 to November 27, 2001.

(7)     Exhibit A6--Copy of Cleveland Clinic Foundation Lab Results Summary covering August 22, 2001 through March 30, 2002 re Ralph J.(sic) Homer dated November 30, 2001.

(8)     Exhibit A7--Copy of letter from Robert J. Dougherty, R.Ph. dated November 29, 2001.

(9)     Exhibit A8--Letter from Margaret A. Darty dated November 21, 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 Ralph G. Homer was origi­nally licensed by the State of Ohio on July 26, 1971, pursuant to examination, and that his license to practice pharmacy in the state of Ohio was summarily suspended effective September 13, 2001.

 

(2)     Ralph G. Homer is addicted to or abusing drugs or impaired physically or men­tally to such a degree as to render him unfit to practice pharmacy within the meaning of Sections 3719.121 and 4729.16 of the Ohio Revised Code, to wit: Ralph G. Homer has admitted to stealing and abusing drugs for the past ten years.  Additionally, Ralph G. Homer has been observed by a Board of Pharmacy agent abusing drugs while practicing pharmacy.

 

(3)     Ralph G. Homer did, from May 1, 1999, through September 6, 2001, with pur­pose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Tops Pharmacy, beyond the express or implied consent of the owner, to wit: Ralph G. Homer stole  1,286 ounces of hydrocodone compound syrup, 530 tablets of Vicoprofen, 5,785 tablets of hydrocodone/acetaminophen 5/500mg, 6,160 tablets of hydrocodone/­acetaminophen 7.5/750mg, and 545 tablets of hydrocodone/­acetaminophen 10/650mg.  Such conduct is in viola­tion of Section 2913.02 of the Ohio Revised Code.

 

(4)     Ralph G. Homer did, from May 1, 1999, through September 6, 2001, with pur­pose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Tops Pharmacy, beyond the express or implied consent of the owner, to wit: Ralph G. Homer admittedly stole 3,257 tablets of diazepam 5mg, 588 tablets of diazepam 10mg, 383 tablets of temazepam 15mg, and 1,392 capsules of temazepam 30mg.  Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

 

(5)     Ralph G. Homer did, from May 1, 1999, through September 6, 2001, with pur­pose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Tops Pharmacy, beyond the express or implied consent of the owner, to wit: Ralph G. Homer admittedly stole 237 tablets of Norgesic Forte 60mg, 15 tablets of Vioxx 12.5mg, 49 tablets of Vioxx 25mg, 16 tablets of Vioxx 50mg, and 2 tablets of ibuprofen 800mg.  Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

 

CONCLUSIONS OF LAW

 

(1)     Upon consideration of the record as a whole, the State Board of Pharmacy con­cludes that paragraphs (2) through (5) of the Findings of Fact constitute being guilty of gross immorality as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code.

 

(2)     Upon consideration of the record as a whole, the State Board of Pharmacy con­cludes that paragraphs (2) through (5) of the Findings of Fact constitute being guilty of dishonesty and unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code.

 

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

 

ACTION OF THE BOARD

 

Pursuant to Section 3719.121 of the Ohio Revised Code, the State Board of Pharmacy hereby removes the Summary Suspension Order issued to Ralph G. Homer on September 13, 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. 03-2-09922, held by Ralph G. Homer and such suspension is effective as of the date of the mailing of this Order.

 

(A)     Ralph G. Homer, 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)     Ralph G. Homer, 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 one year from the effective date of this Order, the Board will consider any petition filed by Ralph G. Homer 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)     Ralph G. Homer 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.

 

(B)     Ralph G. Homer 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.

 

(C)     Ralph G. Homer must provide, at the reinstatement petition hearing, documen­tation of the following:

 

(1)     Full restitution paid to Tops Pharmacy.

 

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

 

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

 

(4)     Compliance with the terms of this Order.

 

(D)     If reinstatement is not accomplished within three years of the effective date of this Order, Ralph G. Homer must show successful completion of the NAPLEX examination or an equivalent examination approved by the Board.

 

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

MOTION CARRIED.

SO ORDERED.

 

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

 

RES. 2002-084  Mr. Kost moved that the Board issue the following Order in the matter of Bruce Elliott Franken, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-000906-007)

 

In The Matter Of:

 

BRUCE ELLIOTT FRANKEN, R.Ph.

4689 Athalia Drive

Columbus, Ohio 43228

(R.Ph. No. 03-2-15485)

 

INTRODUCTION

 

THE MATTER OF BRUCE ELLIOTT FRANKEN CAME FOR HEARING ON DECEMBER 4, 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.

 

BRUCE ELLIOTT FRANKEN WAS REPRESENTED BY DANIEL D. CONNOR AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

SUMMARY OF EVIDENCE

 

(A)     Testimony

 

State's Witnesses:

 

(1)     Todd Zevchik, R.Ph., Ohio State Board of Pharmacy

 

Respondent's Witnesses:

 

(1)     Bruce Elliott Franken, R.Ph., Respondent

 

(B)     Exhibits

 

State's Exhibits:

 

(1)     Exhibit 1--Copy of four-page Summary Suspension Order/Notice of Opportunity dated September 6, 2000.

(2)     Exhibit 1A--Hearing Request letter from Daniel D. Connor dated September 18, 2000.

(3)     Exhibit 1B--Copy of Hearing Schedule letter dated September 20, 2000.

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

(5)     Exhibit 1D--Hearing Request letter from Daniel D. Connor dated November 20, 2000.

(6)     Exhibit 1E--Copy of Hearing Schedule letter dated December 7, 2000.

(7)     Exhibit 1F--Copy of Hearing Schedule letter dated February 15, 2001.

(8)     Exhibit 1G--Copy of Ohio Pharmacist Computer Record of Bruce Elliott Franken.

(9)     Exhibit 1H--Copy of Hearing Request letter from Daniel D. Connor dated August 1, 2001.

(10)   Exhibit 1I--Copy of Hearing Schedule letter dated August 1, 2001.

(11)   Exhibit 2--Copy of End of Day Report re Bruce Franken covering August 30, 1997 to August 30, 2000.

(12)   Exhibit 3--Copy of Patient Information report re Bruce Franken dated August 31, 2000.

(13)   Exhibit 4--Prescription vial labeled RX# 100531 for Bruce Franken dated January 27, 2000.

(14)   Exhibit 5--Prescription vial labeled RX# 100531 for Bruce Franken dated March 8, 2000.

(15)   Exhibit 6--Six-page copy of transcript of a video-taped interview of Bruce E. Franken dated August 18, 2000.

(16)   Exhibit 6A--Thirteen 8-1/2 x 11 color  photographs of Bruce Elliott Franken’s residence.

(17)   Exhibit 7--One evidence box containing items taken from Bruce E. Franken's home (i.e.-various dangerous drugs in stock containers, baggies, vials, syringes, tubes, and inhalers; and carbon dioxide canisters).

(18)   Exhibit 8--Copy of Comparison Chart of Generic Drugs Found in Bruce Franken’s Residence with Generic Drugs Stocked at O. C. I., not dated.

(19)   Exhibit 9--Copy of Drug Audit Accountability Sheet for Testosterone Cyp. Inj.  200mg/ml at Orient Correctional Institution dated September 15, 2000.

(20)   Exhibit 10--Copy of Drug Audit Accountability Sheet for Papaverine 30mg/ml X 2ml vials at Orient Correctional Institution dated September 15, 2000.

(21)   Exhibit 11--Copy of Drug Audit Accountability Sheet for Regitine Inj. 5mg/ml X 1ml at Orient Correctional Institution dated September 15, 2000.

(22)   Exhibit 12--Copy of Drug Audit Accountability Sheet for Clomid 50mg tabs at Orient Correctional Institution dated September 15, 2000.

(23)   Exhibit 12A--Copy of Drug Audit Accountability Sheet for Phenylephrine 1% Inj. at Orient Correctional Institution dated September 15, 2000.

(24)   Exhibit 13--Copy of four-page Indictment, State of Ohio vs. Bruce Elliott Franken, Case No. 01CR-02-649, Franklin County Common Pleas Court, dated February 1, 2001.

(25)   Exhibit 13A--Copy of Criminal Case Processing Sheet and copy of two-page Entry of Guilty Plea, State of Ohio vs. Bruce E. Franken, Case No. 01CR-02-649, Franklin County Common Pleas Court, dated September 11, 2001.

(26)   Exhibit 13B--Copy of three-page Judgement Entry, State of Ohio vs. Bruce E. Franken, Case No. 01CR-02-649, Franklin County Common Pleas Court, dated November 6, 2001.

(27)   Exhibit 14--Copy of four-page article titled "Review: Anabolic Steroids And The Mind" by Brian Corrigan (MJA August 1996; 165: 222-226); Copy of four-page article titled "Affective and Psychotic Symptoms Associated With Anabolic Steroid Use" by Harrison G. Pope, Jr., M.D., and David L. Katz, M.D. (Am J Psychiatry April 1988; 145:487-490); Copy of four-page article titled "Homicide and Near-Homicide by Anabolic Steroid Users" by Harrison G. Pope, Jr., M.D., and David L. Katz, M.D. (J Clin Psychiatry January 1990; 51:28-31).

(28)   Exhibit 15--Two-page Statement of Guenther R. G’Nosa, R.Ph. notarized August 18, 2000, Copy of two-page Incident Report by Guenther R. G’Nosa, R.Ph. nota­rized August 17, 2000.

(29)   Exhibit 16--Statement of Irene G'Nosa notarized August 28, 2000.

(30)   Exhibit 17--Statement of James R. Ricket notarized August 17, 2000.

(31)   Exhibit 18--Statement of Della M. Alltop notarized August 21, 2000.

(32)   Exhibit 19--Copy of two-page Indictment, State of Ohio vs. Bruce D.(sic) Franken, Case No. 2000-CR-189, Pickaway County Common Pleas Court, dated October 27, 2000.

(33)   Exhibit 19A--Four-page copy of Entry Granting Intervention In Lieu Of Convic­tion, State of Ohio vs. Bruce E. Franken, Pickaway County Common Pleas Court, dated February 9, 2001.

 

Respondent's Exhibits:

 

(1)     Exhibit A1--Three-page copy of PRO Inc. Pharmacist’s Recovery Contract of Bruce Franken dated November 15, 2001.

(2)     Exhibit A2--Copies of sixty-five pages of Parkside Behavioral Healthcare, Inc. medical records of Bruce Elliott Franken dated from August 22, 2000 to Novem­ber 12, 2001.

(3)     Exhibit A3--Licking Memorial Hospital Statement of Redisclosure re Bruce Franken dated July 26, 2001, and copies of one hundred twenty-seven pages of Shepherd Hills medical records of Bruce Elliott Franken dated from June 12, 1993 to October 31, 1993.

(4)     Exhibit A4--Copies of ten pages of drug screen reports for specimens collected from Bruce Elliott Franken on October 25, 2001; June 12, 2001; February 14, 2001; April 18, 2001; (date illegible); November 28, 2000; October 18, 2000; September (illegible), 2000; and two on September 11, 2000; Copy of Ohio Department of Rehabilitation and Corrections Cumulative Subject Report of two drug screen reports for specimens collected from Bruce Franken on April 25, 2001, and May 23, 2001.

(5)     Exhibit A5--Ten pages of support group attendance validation records dated from August 22, 2000 to November 25, 2001.

(6)     Exhibit A6--Copy of letter from Max Schorr dared July 25, 2001; Letter from C. Max Schorr dated November 19, 2001.

(7)     Exhibit A7--Copy of three-page letter from Donald R. Scott, M.A., L.P.C. dated July 24, 2001; Letter from Donald R. Scott, M.A., L.P.C. dated November 12, 2001.

(8)     Exhibit A8--Copy of three-page letter from Nick A. Kallis, R.Ph. dated November 27, 2001.

(9)     Exhibit A9--Copies of seven pages of letters from the following:  Bart Martelli, R.N. dated November 21, 2001; Maurice Franck, R.N. not dated; Mehemet Kavak, M.D., not dated; Rosa Lemaster, not dated; Tonya J. Jenkins, LPN, dated November 22, 2001; Marvin Sheard, not dated; and Brent A. LeMaster dated November 18, 2001.

(10)   Exhibit A10--Copy of Quest Diagnostics Forensic Drug Testing Custody and Control Form of Bruce Franken dated August 15, 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 Bruce Elliott Franken was originally licensed in the state of Ohio on June 26, 1984, pursuant to recipro­city, and  that his license to practice pharmacy in the state of Ohio was sum­marily suspended effective Septem­ber 6, 2000.

 

(2)     Bruce Elliott Franken did, on or about January 27, 2000, and again on March 8, 2000, by deception, as defined in Section 2913.01 of the Ohio Revised Code, procure a prescription for, or the dispensing of a dangerous drug, to wit: Bruce Elliott Franken obtained a total of 30 tablets of Viagra 100mg from 1stonline­pharmacy.com by deception when Bruce Elliott Franken failed to indicate the medications Bruce Elliott Franken was taking at those times.  Such conduct is in violation of Section 2925.22 of the Ohio Revised Code.

 

(3)     Bruce Elliott Franken did, from on or about October 17, 1994, through August 16, 2000, with purpose to deprive, knowingly obtain or exert control over con­trolled substances and/or dangerous drugs, the property of Orient Correctional Institution, 11781 St. Rt. 762, Orient, Ohio, beyond the express or implied con­sent of the owner, to wit: Bruce Elliott Franken stole the following drugs from his employer:

 

Depo-Testosterone  200mg/ml (Schedule III C.S.)

     

10ml

Ambien 5mg tablets (Schedule IV C.S.)

 

16

Toradol tablets

 

23

SMZ-TMP DS

 

30

cyclobenzaprine 10mg tablets

 

25

Augmentin tablets 875mg

 

15

Cipro 500mg

 

13

Ceftin 250mg

 

11

Zovirax 200mg capsules

 

12

Diflucan 100mg

 

14

Cefaclor 500mg capsules

 

21

Betapen-VK 500mg

 

  3

Prednisone 10mg

 

26

papaverine HCl Injection 30mg x 2ml

 

13 vials

phenylprop/guaifenesin tablets

 

18

Sonata 5mg capsules

 

35

cephalexin 500mg capsules

 

16

Zovirax 800mg capsules

 

  8

Toradol Injection 60mgx2ml

 

  1

Regitine 5mg injection

 

  3

Clomid 50mg tablets

 

  7

Atrovent Inhaler

 

  3

betamethasone popro. 0.05% 45gm

 

  1

clobetasol propion 0.05% 30gm

 

  1

Lotrisone 15gm

 

  1

TobraDex Opth. Drops 5ml

 

  2

Cortomycin Otic Susp 10ml

 

  1

Prevacid 15mg

 

43

Celebrex 100mg

 

29

ibruprofen 800mg

 

10

Nolvadex 10mg

 

14

Claritin 10mg

 

  4

Maxitrol Opth drops 5ml

 

  1

Viagra 100mg

 

16

phenylepherine 1% injection

 

  1ml

 

Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

 

(4)     Bruce Elliott Franken did, between October 17, 1994, and August 16, 2000, knowingly obtain, possess, or use a controlled substance, to wit: Bruce Elliott Franken abused anabolic steroids, without valid prescriptions and not for a legitimate medical purpose, which cause fits of rage and other lapses in judg­ment, thus, rendering Bruce Elliott Franken unfit to practice pharmacy.  Such conduct is in violation of Section 2925.11 of the Ohio Revised Code and indi­cates that Bruce Elliott Franken falls within the ambit of Section 3719.121(B) of the Ohio Revised Code.

 

CONCLUSIONS OF LAW

 

(1)     Upon consideration of the record as a whole, the State Board of Pharmacy con­cludes that paragraphs (2) through (4) of the Findings of Fact constitute being guilty of a felony and gross immorality as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code.

 

(2)     Upon consideration of the record as a whole, the State Board of Pharmacy con­cludes that paragraphs (2) through (4) of the Findings of Fact constitute being guilty of dishonesty and unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code.

 

(3)     Upon consideration of the record as a whole, the State Board of Pharmacy con­cludes that paragraph (4) of the Findings of Fact constitutes being addicted to or abusing liquor or drugs or impaired physically or mentally to such a degree as to render 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 (2) and (4) of the Findings of Fact constitute being guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapter 2925. and 3719. 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 Bruce Elliott Franken on September 6, 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 takes the following actions in the matter of Bruce Elliott Franken:

 

(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. 03-2-15485, held by Bruce Elliott Franken 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. 03-2-15485, held by Bruce Elliott Franken 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. 03-2-15485, held by Bruce Elliott Franken effective as of the date of the mailing of this Order.

 

(D)     On the basis of the Findings of Fact and paragraph (4) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes the pharma­cist identifica­tion card, No. 03-2-15485, held by Bruce Elliott Franken effective as of the date of the mailing 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 Mrs. Teater and approved by the Board (Aye-8/Nay-0).

 

RES. 2002-085  Mr. Turner moved that, pursuant to Section 3719.121 of the Revised Code, the Board summarily suspend the license to practice pharmacy belonging to Michael Lee Lacy, R.Ph. (03-1-20851) 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 Mrs. Teater and approved by the Board (Aye-8/Nay-0).

 

RES. 2002-086  Mr. Braylock then moved that, pursuant to Section 3719.121 of the Revised Code, the Board summarily suspend the license to practice pharmacy belonging to Mark Alan Hoskins, R.Ph. (03-1-22350) 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. Kost and approved by the Board (Aye-8/Nay-0).

 

RES. 2002-087  Ms. Eastman moved that, pursuant to Section 3719.121 of the Revised Code, the Board summarily suspend the license to practice pharmacy belonging to Bradley R. Laboe, R.Ph. (03-3-20077) 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 Mrs. Teater and approved by the Board (Aye-8/Nay-0).

  5:00 p.m.

RES. 2002-088  After discussion of a request by Food Town, Inc. to be approved as a provider of con­tinuing pharmacy education, Mr. Lipsyc moved that the Board approve the request.  The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).

 

Ms. Abele and the members who attended the NABP District IV reported on the meeting.

  5:15 p.m.

The meeting was recessed until Wednesday, December 5, 2001.

 

 

wednesday, december 5, 2001

 

  8:32 a.m.     ROLL CALL

 

The State Board of Pharmacy reconvened in Room South-B&C, 31st Floor, 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); 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. Winsley distributed a copy of the plan of corrective action that was submitted by Gerald R. Poorbaugh, R.Ph. pursuant to the requirements of his Board Order to the Board members for their review.

  8:42 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. Turner and a roll call vote was conducted by President Abele as follows: Adelman-Yes, Eastman-Yes, Giacalone-Yes, Lipsyc-Yes, Kost-Yes, Teater-Yes, and Turner-Yes.

  8:45 a.m.

Board member Gregory Braylock arrived and joined the Executive Session in progress.

  9:32 a.m.

RES. 2002-089  The Executive Session ended and the meeting was opened to the public.  Mr. Turner moved that the Board issue the following Order in the matter of Linden Medical Phar­macy that had been remanded to the Board for reconsideration by the Franklin County Common Pleas Court:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-981009-020)

 

In The Matter Of:

 

LINDEN MEDICAL PHARMACY, INC.

c/o Lawrence A. Kaufman

2349 Cleveland Avenue

Columbus, Ohio 43211

(Terminal Distributor No. 02-0138550)

 

INTRODUCTION

 

THE MATTER OF LINDEN MEDICAL PHARMACY, INC. CAME FOR CONSIDERATION ON DECEMBER 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.; 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.

 

SUMMARY OF EVIDENCE

 

State's Exhibits

 

(1)     Exhibit 1--Copy of three-page Notice of Opportunity for Hearing letter dated October 9, 1998.

(2)     Exhibit 1A--Hearing Request letter dated October 28, 1998.

(3)     Exhibit 1B--Copy of Hearing Schedule letter dated November 3, 1998.

(4)     Exhibit 1C--Copy of Renewal Application for DDD License, No. 02-0138550, for a terminal Distributor of Dangerous Drugs License from January 1, 1998, to Decem­ber 31, 1998, of Linden Medical Pharmacy, Inc. signed by Jerome C. Broering dated October 21, 1997.

(5)     Exhibit 1D--Continuance Request letter dated March 2, 1999.

(6)     Exhibit 1E--Hearing Schedule letter dated March 10, 1999.

(7)     Exhibit 1F--Hearing Schedule letter dated April 19, 1999.

(8)     Exhibit 2--Accountability Statement of Linden Medical Pharmacy for APAP/­Codeine #4 dated October 15, 1996.

(9)     Exhibit 3--Accountability Statement of Linden Medical Pharmacy for Diazepam 10mg dated October 15, 1996.

(10)   Exhibit 4--Accountability Statement of Linden Medical Pharmacy for Adipex-P dated October 15, 1996.

(11)   Exhibit 5--Accountability Statement of Linden Medical Pharmacy for Phenter­mine HCL 37.5mg dated October 15, 1996.

(12)   Exhibit 6--Notarized Statement of Jerome C. Broering dated May 30, 1997.

(13)   Exhibit 7--Accountability Statement of Linden Medical Pharmacy for Talwin NX dated October 15, 1996.

(14)   Exhibit 8--Two-page Dangerous Drug Distributor Inspection Report of Linden Medical Pharmacy, Inc. dated October 15, 1996.

(15)   Exhibit 9--Letter from Jerome C. Broering, not dated, received October 30, 1996.

(16)   Exhibit 10--Copy of six Audit Comparison-Linden Medical Pharmacy reports for time periods covering August 19, 1995, through October 14, 1996, and Octo­ber 15, 1996, through March 11, 1998.

(17)   Transcript of May 5, 1999 Hearing.

(18)   Decision And Judgment Entry Affirming In Part And Reversing In Part The Order Of The Ohio State Board Of Pharmacy And Remanding The Matter For Recon­sideration Of Penalty, Linden Medical Pharmacy, Inc. vs. Ohio State Board of Pharmacy, Case No. 99CVF06-5024, Franklin County Common Pleas Court (May 19, 2000).

(19)   Opinion, Linden Medical Pharmacy, Inc., vs. Ohio State Board of Pharmacy, Case No. 00AP-641, Tenth Appellant District Court of Appeals ( May 8, 2001).

(20)   Judgment Entry, Linden Medical Pharmacy, Inc. vs. Ohio State Board of Phar­macy, Case No. 00AP-641, Tenth Appellate District Court of Appeals (May 10, 2001).

(21)   Journal Entry, Linden Medical Pharmacy, Inc. vs. Ohio State Board of Pharmacy, Case No. 99CVF06-5024, Franklin County Common Pleas Court (May 15, 2001).

 

Respondent's Exhibits

 

(1)     Exhibit A--Five-page table titled “Ohio State Board of Pharmacy Orders and Set­tlement Agreements Involving Terminal Distributors (Jun. 1996 to Feb. 1999)".

(2)     Exhibit B--Copy of two-page letter from Kevin P. Byers dated March 24, 1999.

(3)     Exhibit C--Copy of four-page Notice of Opportunity for Hearing letter of Jerome C. Broering dated October 9, 1998.

(4)     Exhibit D--Copy of letter from Lawrence A. Kaufman dated April 20, 1999.

(5)     Exhibit E--Copy of Notification of Change of Responsible Person form of Linden Medical Pharmacy signed by Robert M. Feldman with an effective date of April 21, 1999.

(6)     Exhibit F--Copy of seven-page Linden Medical Pharmacy, Inc. Company Policy, not dated.

(7)     Exhibit G--Copy of four-page Settlement Proposal of Linden Medical Pharmacy, Inc. dated April 30, 1999.

(8)     Exhibit H--Copy of Diverted Drug Report of Linden Medical Pharmacy, Inc. dated May 16, 1997.

(9)     Exhibit I--Two-page copy of Renewal Application for Pharmacist License, No. 03-2-10130, for a license to practice pharmacy in Ohio from September 15, 1997, to September 15, 1998, of Jerome C. Broering dated November 4, 1997.

(10)   Exhibit J--Copy of Pharmacist File Front Sheet of Jerome Charles Broering show­ing original date of registration as July 20, 1972; and two-page copy of Renewal Appli­cation for Pharmacist License, No. 03-2-10130, for a license to practice pharmacy in Ohio from September 15, 1998, to September 15, 1999, of Jerome C. Broering dated August 4, 1998.

(11)   Exhibit K--Copy of Complaint in the Franklin County Municipal Court, Case No. 33196-1, State of Ohio vs. Jerome C. Broering, dated December 12, 1997.

(12)   Exhibit L--Copy of Complaint in the Franklin County Municipal Court, Case No. 33196-2, State of Ohio vs. Jerome C. Broering dated December 12, 1997.

(13)   Exhibit M--Copy of Complaint in the Franklin County Municipal Court, Case No. 33196-3, State of Ohio vs. Jerome C. Broering dated December 12, 1997.

(14)   Exhibit N--Copy of Entry in the Franklin County Municipal Court, Case No. 33196/97, State of Ohio vs. Jerome C. Broering dated April 1, 1998.

(15)   Exhibit O--Handwritten notes dated from December 10, 1996, through January 17, 1997.

(16)   Exhibit P--Copy of Controlled Substance Inventory cover page signed by Joseph M. Mink and dated August 18, 1995, pages 7 through 28 of Bienniel Controlled Substance Inventory report dated April 8, 1993, and hand-completed Bienniel Controlled Substance Inventory Date form, not dated.

 

FINDINGS OF FACT

 

After having considered the matter as remanded, the State Board of Pharmacy notes that the court has affirmed the following Findings of Fact previously determined by the Board:

 

(1)     Records of the State Board of Pharmacy indicate that during the relevant time periods stated herein, Jerome C. Broering was the Responsible Pharmacist at Linden Medical Pharmacy, Inc. pursuant to Sections 4729.27 and 4729.55 of the Ohio Revised Code and Rule 4729-5-11 of the Ohio Administrative Code.

 

(2)     Linden Medical Pharmacy, Inc. did, from August 18, 1995, through October 15, 1996, fail to provide effective and approved controls and procedures to guard against theft and diversion of dangerous drugs, to wit: Linden Medical Phar­macy, Inc. had inadequate supervision and control over the controlled sub­stances so as to prevent, deter, or detect the diversion of the controlled substances.  Such conduct is in violation of Rule 4729-9-05 of the Ohio Admini­strative Code.

 

(3)     Linden Medical Pharmacy, Inc. did, on or about October 15, 1996, and dates prior thereto, fail to maintain the minimum standards for a pharmacy, to wit: Linden Medical Pharmacy, Inc. did not possess a copy of current federal and state laws, regulations, and rules governing the legal distribution of drugs in Ohio.  Such conduct is in violation of Rule 4729-9-02 of the Ohio Administrative Code.

 

CONCLUSION OF LAW

 

After having considered the matter as remanded, the State Board of Pharmacy notes that the court has affirmed the following Conclusion of Law previously determined by the Board:

 

(1)     Paragraphs (2) and (3) 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.

 

ACTION OF THE BOARD

 

Pursuant to Section 4729.57 of the Ohio Revised Code, and on the basis of the affirmed and remanded Findings of Fact and Conclusion of Law set forth above, the State Board of Pharmacy hereby revokes the terminal distributor license, No. 02-0138550, held by Linden Medi­cal Pharmacy, Inc. effective as of the date of the mailing 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 Mrs. Teater and approved by the Board (Aye-8/Nay-0).

 

The Board took a brief recess.

10:02 a.m.

RES. 2002-090  Mr. Benedict presented a request from Andrew Bragalone, R.Ph. asking for an extension to the waiver from the requirements of Rule 4729-5-11(A) previously granted by the Board allowing him to serve as responsible person at more than one location.  After dis­cussion, Ms. Eastman moved that the extension request be approved for a two-month period at the following two locations:

 

UHHS Richmond Heights Hospital (02-1214650)

UHHS Laurelwood Hospital (02-0560300)

 

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

10:29 a.m.

RES. 2002-091  Mr. Winsley distributed a proposed policy change from Lo-Med Prescription Services regarding medication interactions.  This policy is to be a part of the settlement that was agreed to by the Board at the November, 2001 meeting.  After discussion, the consensus of the Board was that the policy met their requirements and should be incorporated into the Settlement Agreement.

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 matter of Ojinika I. Mora, R.Ph., Columbus.

11:50 a.m.

The hearing was recessed for lunch.

  1:10 p.m.

The meeting resumed in Room South-B&C, 31st Floor, Vern Riffe Center for Govern­ment and the Arts.  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 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.

  1:18 p.m.

RES. 2002-092  The Executive Session ended and the meeting was opened to the public.  Ms. Eastman moved that, pursuant to Section 3719.121 of the Revised Code, the Board summarily suspend the license to practice pharmacy belonging to Patricia Ann Flack, R.Ph. (03-3-14223) due to the fact that a continuation of her professional practice presents a danger of immediate and serious harm to others.  The motion was seconded by Mr. Turner and approved by the Board (Aye-8/Nay-0).

 

RES. 2002-093  Mr. Kost then moved that, pursuant to Section 3719.121 of the Revised Code, the Board summarily suspend the license to practice pharmacy belonging to Alvin Dorfman, R.Ph. (03-3-07230) 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. Kost and approved by the Board (Aye-8/Nay-0).

  1:20 p.m.

The hearing in the matter of Ojinika I. Mora, R.Ph. resumed.

  2:38 p.m.

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

  2:50 p.m.

Mr. Kost 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 Ms. Eastman 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.

  4:05 p.m.

RES. 2002-094  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 Ojinika I. Mora, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-011205-026)

 

In The Matter Of:

 

OJINIKA I. MORA, R.Ph.

55 Woodland Avenue

Columbus, Ohio 43203

(R.Ph. No. 03-1-12478)

 

 

INTRODUCTION

 

THE MATTER OF OJINIKA I. MORA CAME FOR HEARING ON DECEMBER 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.; 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.

 

OJINIKA I. MORA WAS REPRESENTED BY JACQUELINE SOUEL DOWNEY 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)     Ojinika I. Mora, Respondent

 

(B)     Exhibits

 

State's Exhibits:

 

(1)     Exhibit 1M--Copy of five-page Notice of Opportunity for Hearing letter dated March 19, 2001.

(2)     Exhibit 1M-A--Copy of Pharmacist Computer File Front Page of Ojinika Ibekwe Mora.

(3)     Exhibit 1M-B--Notice of Appeal for Ojinika I. Mora, R.Ph. from Jacqueline Souel Downey, Docket No. D-010319-056, dated November 25, 2001.

(4)     Exhibit 1M-C--Copy of letter from David L. Rowland dated November 27, 2001.

(5)     Exhibit 2--Five-page Dangerous Drug Distributor Inspection Report of CVS/Phar­macy #3484 dated October 6, 2000.

(6)     Exhibit 3--Copy of two-page Pink Sheet Response date-stamped December 8, 2000.

(7)     Exhibit 4--Two-page Dangerous Drug Distributor Inspection Report of Revco Dis­count Drug Center #3484 dated July 28, 1997; and Prescription Room Barricade Inspection Report for Terminal Distributor License No. 02-0137150 dated July 28, 1997.

(8)     Exhibit 5--Pink copy of two-page Dangerous Drug Distributor Inspection Report of Revco Discount Drug Center dated July 28,1997 with handwritten response by Alan R. Wolford, Jr., R.Ph. on the reverse side of page one, not dated.

(9)     Exhibit 6--DEA 222 Order Form No. 980109242 of CVS/pharmacy #3484 dated January 19, 2000.

(10)   Exhibit 7--DEA 222 Order Form No. 980109245 of CVS/pharmacy #3484 dated March 8, 2000.

(11)   Exhibit 8--DEA 222 Order Form No. 980109246 of CVS/pharmacy #3484 dated March 12, 2000.

(12)   Exhibit 9--DEA 222 Order Form No. 980109247 of CVS/pharmacy #3484 dated March 22, 2000.

(13)   Exhibit 10--DEA 222 Order Form No. 980109248 of CVS/pharmacy #3484 dated March 31, 2000.

(14)   Exhibit 11--DEA 222 Order Form No. 980109249 of CVS/pharmacy #3484 dated April 12, 2000.

(15)   Exhibit 12--DEA 222 Order Form No. 980924246 of CVS/pharmacy #3484 dated April 18, 2000.

(16)   Exhibit 13--DEA 222 Order Form No. 980924247 of CVS/pharmacy #3484 dated May 2, 2000.

(17)   Exhibit 14--DEA 222 Order Form No. 980924248 of CVS/pharmacy #3484 dated May 3, 2000.

(18)   Exhibit 15--DEA 222 Order Form No. 980924249 of CVS/pharmacy #3484 dated May 21, 2000.

(19)   Exhibit 16--DEA 222 Order Form No. 980924250 of CVS/pharmacy #3484 dated June 4, 2000.

(20)   Exhibit 17--DEA 222 Order Form No. 980924252 of CVS/pharmacy #3484 dated July 20, 2000.

(21)   Exhibit 18--DEA 222 Order Form No. 980924253 of CVS/pharmacy #3484 dated July 30, 2000.

(22)   Exhibit 19--DEA 222 Order Form No. 980924254 of CVS/pharmacy #3484 dated August 8, 2000.

(23)   Exhibit 20--DEA 222 Order Form No. 980924255 of CVS/pharmacy #3484 dated August 8, 2000.

(24)   Exhibit 21--DEA 222 Order Form No. 980924256 of CVS/pharmacy #3484 dated August 23, 2000.

(25)   Exhibit 22--DEA 222 Order Form No. 980924257 of CVS/pharmacy #3484 dated September 10, 2000.

(26)   Exhibit 23--DEA 222 Order Form No. 980924258 of CVS/pharmacy #3484 dated September 22, 2000.

(27)   Exhibit 24--DEA 222 Order Form No. 980924259 of CVS/pharmacy #3484 dated September 24, 2000.

(28)   Exhibit 25--DEA 222 Order Form No. 980924242 of CVS/pharmacy #3484 dated September 28, 2000.

(29)   Exhibit 26--DEA 222 Order Form No. 980924243 of CVS/pharmacy #3484 dated October 3, 2000.

(30)   Exhibit 27--Seven-page CVS/Revco #3484 Prescription Register report covering Midnight through Noon of September 28, 2000, dated September 29, 2000.

(31)   Exhibit 28--Nine-page CVS/Revco #3484 Prescription Register report covering Midnight through Noon of October 5, 2000, dated October 6, 2000.

(32)   Exhibit 29--Two-page CVS/Revco #3484 Pharmacist's Statement report for Roy Bozeman covering January 1, 2000 through October 6, 2000, dated October 6, 2000.

(33)   Exhibit 30--Prescription No. C 590834 00 for Roy Bozeman dated September 20, 2000.

(34)   Exhibit 31--CVS Third Party/Consultation Log with stickers dated from August 29, 2000 to October 6, 2000.

(35)   Exhibit 32--Copy of three-page Settlement Agreement with the State Board of Phar­macy, Docket No. D-990721-005 in the matter of CVS/Pharmacy #3484 effective November 8, 1999.

(36)   Exhibit 33--CVS/Revco #3484 Pharmacist’s Statement report for Greg Daniel covering January 1, 2000 through October 6, 2000, dated October 6, 2000.

(37)   Exhibit 34--Prescription No. C 592163 00 for Greg Daniel dated October 6, 2000.

(38)   Exhibit 35--CVS/Revco #3484 Pharmacist’s Statement report for Margaret M. Jackson covering January 1, 2000 through October 6, 2000, dated October 6, 2000.

(39)   Exhibit 36--Prescription No. 592161 00 for Margaret M. Jackson dated October 6, 2000.

(40)   Exhibit 37--Dangerous Drug Distributor Inspection Report for CVS/Pharmacy #3484 dated August 3, 2001.

(41)   Exhibit 38--Copy of seven-page Order of the State Board of Pharmacy, Docket No. D-010319-056 in the matter of Ojinika I. Mora, R.Ph. dated November 7, 2001.

(42)   Exhibit 39--Copy of eight-page Order of the State Board of Pharmacy, Docket No. D-010313-049 in the matter of CVS/Pharmacy #3484 dated November 7, 2001.

(43)   Exhibit 40--Copy of two-page Dangerous Drug Distributor Inspection Report of Medicine Shoppe of Bexley dated February 20, 1992; and copy of Dangerous Drug Distributor Inspection Report of Medicine Shoppe of Bexley dated March 19, 1992.

(44)   Exhibit 41--Copy of two-page Dangerous Drug Distributor Inspection Report Re­sponse, not dated; Copy of Ohio State Board of Pharmacy Pharmacist Identification Card of Ojinika Ibekwe Mora, No. 03-1-12478, showing expiration date of September 15, 1992; and Three-page copy of Medicine Shoppe Bexley Inventory dated March 31, 1992.

(45)   Exhibit 42--Copy of Notification of Change of Responsible Person for CVS/pharmacy #3484 dated August 13, 2001.

 

Respondent's Exhibits:

 

(1)     Exhibit A--Illness Certification of Ojinika Mora from Kevin J. Anderson, M.D. dated September 7, 2001.

(2)     Exhibit B--Copy of three DEA 222 Order Forms of CVS/pharmacy #3484, as follows: No. 011123773 dated October 17, 2001; No. 011123771 dated October 10, 2001; and No. 011123770 dated October 8, 2001.

(3)     Exhibit C--Copy of nine DEA 222 Order Forms of CVS/pharmacy #3484, as follows: No. 980924273 dated January 12, 2001, No. 980924271 dated January 8, 2001, No. 980924272 dated January 8, 2001, No. 980924274 dated January 22, 2001, No. 980924276 dated February 19, 2001, No. 980924275 dated January 26, 2001, No. 980924277 dated February 27, 2001, No. 980924278 dated March 5, 2001, and No. 980924279 dated March 15, 2001; Copy of two DEA 222 Order Forms of Universal RX Solutions of GA as follows: No. 004375430 dated December 15, 2000; and No. 004375431 dated December 15, 2000.

 

FINDING 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 Ojinika I. Mora has complied with the terms set forth in the Order of the State Board of Pharmacy, Docket No. 010319-056, effective November 7, 2001.

 

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. 03-1-12478, held by Ojinika I. Mora to practice pharmacy in the state of Ohio with the following conditions:

 

(A)     Ojinika I. Mora must successfully complete two hours (0.2 CEUs) of continuing phar­macy education in Board-approved pharmacy jurisprudence within one year from the effective date of this Order.  This continuing pharmacy education may not be used for license renewal.  If Ojinika I. Mora has not submitted to the Board office documentation of successful completion within this one-year period, her pharma­cist identification card will be suspended until this condition has been achieved.

 

(B)     The State Board of Pharmacy hereby declares that Ojinika I. Mora'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 for two years from the date her pharmacist identification card is issued.

 

(C)     Ojinika I. Mora may not serve as a responsible pharmacist for two years from the date her pharmacist identification card is issued.

 

(D)     Ojinika I. Mora must comply 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-6/Nay-2).

 

RES. 2002-095  Mrs. Adelman then moved that this Order be sent to Ms. Mora prior to the next Board meeting.  The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).

 

RES. 2002-096  After further discussion of the issue of mutual reciprocity of pharmacists’ licenses with Florida, Mr. Lipsyc moved that, based on Florida’s law limiting reciprocity to those phar­macists who have passed the NAPLEX examination within the last twelve years, Ohio not reciprocate with Florida until Florida agrees to reciprocate with Ohio under the same terms as the other reciprocity states.  The motion was seconded by Mr. Turner and approved by the Board (Aye-8/Nay-0).

  4:14 p.m.

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

 

PER DIEM

 

11/19

 

12/03

 

12/04

 

12/05

 

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

Lipsyc

 

-

 

1

 

1

 

1

 

3

Kost

 

1

 

1

 

1

 

1

 

4

Teater

 

-

 

1

 

1

 

1

 

3

Turner

 

-

 

1

 

1

 

1

 

3

 

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

  4:15 p.m.

Mr. Giacalone 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 JANUARY 8, 2002.