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NOTE: The following Minutes are provided
for informational purposes only. If you would like to obtain an official copy of
these Minutes, please contact the State Board of Pharmacy at 614/466-4143 for
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Minutes Of The Meeting
January 7, 8, 9, 2002
MONDAY, JANUARY 7, 2002
8:10 a.m. ROLL CALL
The State Board of Pharmacy convened in Room 1919,
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.; and James E. Turner, R.Ph.
Also present were
The members began a discussion of the proposed rules that were subject to the public hearing during the November, 2001 meeting.
8:17 a.m.
RES. 2002-097 After discussion,
4729-1-01 Public notice of hearing to consider proposed
rule changes.
(A) Reasonable public notice, as required by
section 119.03 of the Revised Code, shall be given at least thirty days
prior to the date set for the public hearing as follows:
(1) By advertising placing such notice
in the register of at
least thirty days prior to the date set for the public hearing.
(2) By mailing, e-mailing, or faxing such
notice, one time, to all subscribers on the board's sunshine notice mailing
list at least thirty days prior to the date set for the public hearing.
(3) By mailing, e-mailing, or faxing such
notice, one time, to all persons who have requested the board to provide
notification of any proposed rule changes at least thirty days prior to the
date set for the public hearing.
(4) By placing such notice on the board's world
wide web home page at least thirty days prior to the date set for the public
hearing, and remaining there until the public hearing record is closed.
(B) The board shall furnish the full text of the
proposed rules as follows:
(1) By mailing to any person who requests such in
writing and who pays the cost of copying and mailing.
(2) By e-mailing to any person upon request.
(2)(3) By posting on the board's world wide web home
page and remaining there until the public hearing record is closed.
4729-1-02 Notice of meetings.
Any person may determine the time and place of all
regularly scheduled meetings and the time, place, and purpose of all special
meetings of the state board of pharmacy, as required by division (F) of section
121.22 of the Revised Code, by:
(A) Written request to the state board of
pharmacy.
(1) Written requests shall include the name,
mailing address, and telephone number of the person making the request.
(2) Written requests shall be accompanied by a
service fee of twenty-five dollars which shall be valid for the fiscal year of
July first through June thirtieth.
(3) Notice for the annual renewal of this request
will be sent by the board of pharmacy by June first of each year and shall be
due no later than July thirty-first of each year.
(B) Calling the telephone number of the state
board of pharmacy between the normal business hours of eight a.m. to
four-thirty p.m., Monday through Friday, legal holidays excepted.
(C) Consulting the official record of all board
of pharmacy regularly scheduled and special meetings located at office of the
state board of pharmacy.
(D) Viewing the state board of pharmacy's world
wide web home page.
4729-3-01 Definitions.
As used in Chapter 4729-3 of
the Administrative Code:
(A) "Pharmacy internship" means the
supervised practical experience required for licensure as a registered
pharmacist. The purpose of the pharmacy
internship program is to provide those individuals, who intend to become
registered pharmacists, with the knowledge and practical experience necessary
for functioning competently and effectively upon licensure.
(B) "Supervised practical experience"
is the experience obtained at an internship site and which is conducted in
accordance with the "National Association of Boards of Pharmacy - American
Association of Colleges of Pharmacy" publication "The Internship
Experience," or a similar outline and/or manual approved by the board of
pharmacy.
(C) "Internship site"
means a pharmacy licensed as a terminal distributor of dangerous drugs
pursuant to Chapter 4729. of the Revised Code, except as provided in paragraph
(C) or (D) of rule 4729-3-05 of the Administrative Code, and whose license is in
good standing.
(D) "Preceptor" is the individual
responsible for seeing that the intern is properly supervised and exposed to
all aspects of the internship program defined as the supervised practical
experience.
(1) A "preceptor" is a pharmacist who
holds a current identification card which is in good standing; or, is a person
who is of good moral character and is qualified to direct the approved
experience in the area approved by the director of internship pursuant to rule
4729-3-05 of the Administrative Code.
(2) A person may serve as the preceptor for more
than one intern. The number of interns
engaged in the practice of pharmacy at any time is limited to not more than two
for each pharmacist on duty.
(3) A preceptor must report to the board on the
progress and aptitude of an intern when requested by the director of
internship.
(E) "Director of internship" has the
same meaning as provided in section 4729.11 of the Revised Code.
(F) "In good standing" means that the
licensee or registrant has not been denied the privilege of supervising interns
by the board.
(G) "Statement of Preceptor" is the
form which must be received by the board of pharmacy for each pharmacy intern
within thirty days of beginning internship under a preceptor's supervision.
(1) No credit will be given for practical
experience obtained prior to thirty days of the date that the "Statement
of Preceptor" form is received by the board office; except, that in the
event of extraordinary circumstances and when due to no fault of the intern,
the board may accept a retroactive date of filing for the "Statement of
Preceptor."
(2) The intern must file a "Statement of
Preceptor" form whenever he/she changes internship sites and/or
preceptors.
(H) "Practical experience affidavit" is
the form which must be used to submit practical experience for internship
credit.
(1) Practical experience must be itemized to the
nearest half hour on the affidavit by the total number of hours obtained each
week. The hours reported must be able to
be documented by payroll or other records which may be examined by the board of
pharmacy upon reasonable notice.
(2) Practical experience affidavits must be
signed by the preceptor on file with the board of pharmacy. In the event of the unavailability of the
preceptor's signature due to extraordinary circumstances and due to no fault
of the intern, the board may accept an alternative method for verification of a
practical experience affidavit.
(3) Practical experience
affidavits for a calendar year may be filed at any time, except that they must
be received in the board office or postmarked no later than the first day of
March of the following year.
(I) "School of pharmacy" has the same
meaning as a college of pharmacy or a department of pharmacy of a university,
which has been recognized and approved by the state board of pharmacy.
4729-3-02 Registration as a pharmacy intern.
(A) A certificate of registration as a pharmacy
intern shall only be issued for the purpose of allowing those individuals who
intend to become registered pharmacists the opportunity to obtain the
practical experience required for examination and registration as a pharmacist.
(B) If a person desires to work as a pharmacy
intern in
(1) Have successfully completed forty-eight
semester or seventy-two quarter hours of college and have been accepted into a
school or college of pharmacy or a department of pharmacy of a
university recognized and approved by the state board of pharmacy; or
(2) Have obtained a first professional degree in
pharmacy from a program which has been recognized and approved by the state
board of pharmacy; or
(3) Have established educational equivalency by
obtaining a Foreign Pharmacy Graduate Examination Commission (FPGEC) certificate,
and have established proficiency in spoken English by successfully completing
the Test of Spoken English (TSE) or its equivalent;
(4) Apply to the state board of pharmacy for
registration as a pharmacy intern.
4729-3-03 Application for registration as a pharmacy
intern.
(A) Every person desiring to register as a
pharmacy intern shall submit the following to the state board of pharmacy:
(1) A completed application form as provided by
the board;
(2) A three- by four-inch head and shoulders
photograph taken within the previous six months;
(3) Fee;
(4) A transcript certifying that the applicant
has in fact successfully completed a minimum of forty-eight semester or
seventy-two quarter hours of college work; and
(5) A certificate of acceptance into a school or
college of pharmacy or a department of pharmacy of a university
recognized and approved by the state board of pharmacy.
or
(6) All items listed in
paragraphs (A)(1) to (A)(3) of this rule and certification of having obtained
a first professional degree in pharmacy from a program which has been
recognized and approved by the state board of pharmacy; or certification of
having established educational equivalency by obtaining a “Foreign Pharmacy
Graduate Examination Commission (FPGEC)” certificate, and evidence of successful
completion of the “Test of Spoken English (TSE)” or its equivalent.
(B) The state board of pharmacy may register an
applicant as a pharmacy intern as soon as the state board of pharmacy receives
all the required items set forth in paragraphs (A)(1) to (A)(5) or paragraph
(A)(6) of this rule.
(C) The state board of pharmacy may, pursuant to
rule 4729-5-04 of the Administrative Code, deny the issuance of a certificate
of registration or an identification card to practice as a pharmacy intern.
4729-3-04 Pharmacy intern identification card renewal.
A pharmacy intern may renew his/her identification
card each year provided he/she is actively working toward the requirements for
licensure as a pharmacist and otherwise meets the requirements and rules of
the state board of pharmacy. The state
board of pharmacy may, pursuant to rule 4729-5-04 of the Administrative Code,
deny the issuance of an identification card to practice pharmacy as an intern.
(A) An intern shall be considered to be actively
working towards licensure as a pharmacist if he/she has complied with all of
the statutes and rules regarding internship since registration as a pharmacy
intern, and:
(1) He/she is enrolled in a college school
of pharmacy or is able to provide evidence that he/she has been, or will be,
accepted for enrollment or re-enrollment in a college school
of pharmacy; or
(2) He/she is a member of the armed forces and
can provide evidence that he/she has been, or will be, accepted for
enrollment or re-enrollment in a college school of
pharmacy upon his/her release from the armed forces; or
(3) He/she is able to provide evidence of
obtaining a first professional degree in pharmacy from a school or college
of pharmacy or a department of pharmacy of a university recognized and
approved by the state board of pharmacy; or
(4) He/she is able to provide evidence of
obtaining a “Foreign Pharmacy Graduate Examination Commission (FPGEC)”
certificate, and can provide evidence of successful completion of the “Test of
Spoken English (TSE)” or its equivalent.
(B) An intern who has obtained a
first professional degree in pharmacy from a school or college of
pharmacy or a department of pharmacy of a university recognized and
approved by the state board of pharmacy, or who has established
equivalency by obtaining a “Foreign Pharmacy Graduate Examination Commission
(FPGEC)” certificate, may renew his/her license only once. In the event of extraordinary circumstances
and when due to no fault of the intern, the board may approve additional
renewals.
4729-3-05 Internship credit.
(A) No internship credit shall be granted by the
board for practical experience obtained before registration as an intern or
during a period when the intern's registration has lapsed.
(B) Internship credit may be granted for
practical experience obtained when the intern is registered and attending
classes in the academic program of a school of pharmacy, other than the
structured academic program as provided for in paragraph (C) of this rule.
(C) Internship credit may be gained for practical
experience obtained in a structured program for which academic credit is
awarded (e.g., externship, clerkship).
Such credit shall be limited to the number of hours for which the
structured program has been approved by the state board of pharmacy. Internship credit shall be granted only when
the intern obtains a passing grade for the course involved. A school or college of pharmacy which
desires to conduct such structured programs eligible for approval shall make a
written request on forms provided by the board.
(D) Up to five hundred hours of internship credit
may be obtained at a site other than a pharmacy licensed as a terminal
distributor of dangerous drugs (e.g., manufacturing, research, consulting, drug
information, and drug utilization review).
To receive credit for such experience, a formal request must be
submitted to the director of internship for approval prior to beginning the
experience in these areas. The request
shall include a detailed description of the contemplated internship with
respect to time, place, duties, responsibilities, professional supervision,
and the person supervising the experience.
(E) Internship credit may be denied for the
practical experience accumulated when an intern is found to be guilty of
violation(s) pursuant to section 4729.16 of the Revised Code.
(F) The pharmacy internship requirement for the
licensure examination shall be deemed satisfactorily completed when the intern
has filed affidavits certifying that he/she has obtained a total of one
thousand five hundred hours of supervised practical experience and such
affidavits have been accepted by the board of pharmacy.
4729-5-07 Recognized and approved colleges schools
of pharmacy.
(A) To be recognized and approved by the state
board of pharmacy, a school or college of pharmacy or a department of
pharmacy of a university shall meet the requirements as set forth by the
board. The board may utilize the
reports, requirements, and recommendations of any recognized accrediting
organization or higher education governing board in determining the requirements. The board of pharmacy shall take into
consideration, but not be bound by, accreditation standards established by the
"American Council on Pharmaceutical Education".
(B) For the purpose of
satisfying the requirements of division (C) of section 4729.08 of the Revised
Code, graduates of a school or college of pharmacy or a department of
pharmacy of a university located outside the United States shall establish
educational equivalency by obtaining a "Foreign Pharmacy Graduate
Examination Commission (FPGEC)" certificate, and by establishing
proficiency in spoken English by obtaining the score required by rule 4729-5-34
of the Administrative Code on the "Test of Spoken English (TSE)".
(C) The term "
4729-5-13 Prescription format.
Except as provided in rule
4729-5-14 of the Administrative Code:
(A) No pharmacist shall dispense dangerous drugs
pursuant to a written outpatient prescription unless the following conditions
are met:
(1) The prescription is issued in compliance with
rule 4729-5-30 of the Administrative Code.
(2) If preprinted with multiple drug name and
strength combinations:
(a) There are no controlled substances among the
choices;
(b) There is only one prescription order selected
per form.
(B) No prescriber shall write and no pharmacist
shall dispense controlled substances pursuant to a written outpatient
prescription unless the following conditions are met:
(1) The prescription has been issued in
compliance with rule 4729-5-30 of the Administrative Code.
(2) The prescription contains only one
prescription order per prescription form, whether handwritten or preprinted.
(3) The quantity has been written both
numerically and alphabetically.
(4) If preprinted, there is only one drug and
strength combination printed on the form.
(C) A prescription issued by a medical intern,
resident, or fellow as defined in paragraph (B) of rule 4729-5-15 of the
Administrative Code may not be dispensed unless the prescription is issued in
compliance with this rule and rule 4729-17-13 of the Administrative Code and
unless it bears the identification number issued by the employing hospital or
institution pursuant to rule 4729-17-13 of the Administrative Code.
(D) A prescription issued by a staff prescriber
of a hospital may not be dispensed unless the prescription is issued in
compliance with this rule and rule 4729-17-13 of the Administrative Code and
unless it bears the identification number issued by the employing hospital or
institution pursuant to rule 4729-17-13 of the Administrative Code.
(E) If a board-approved
electronic prescription transmission system is used to fax a prescription to a
pharmacy, the faxed order is exempt from paragraphs (A) and (B) of this rule. The faxed order must comply with rule
4729-5-30 of the Administrative Code and must be filed in the most restrictive
file according to rule 4729-5-09 of the Administrative Code.
4729-5-24 Prescription copy.
(A) A pharmacist may transfer a copy of a prescription;
a pharmacist may refill a copy of a prescription; such actions must be in
accordance with the following:
(1) Copies of prescriptions shall be transferred
only between pharmacists; copies of prescriptions for controlled substances
pursuant to sections 3719.41, 3719.43, and 3719.44 of the Revised Code shall be
communicated directly between two pharmacists and shall be transferred only one
time. However, pharmacies electronically
sharing a real-time, on-line database may transfer a controlled substance
prescription up to the maximum number of refills permitted by law and the
prescriber's authorization pursuant to paragraph (A)(4) of this rule.
(2) The copy transferred shall be an exact
duplicate of the original prescription except that it shall also include:
(a) Serial prescription number assigned to the
prescription;
(b) Name and address (and "D.E.A."
number for controlled substance prescriptions) of the pharmacy transferring the
copy;
(c) Date of issuance of the prescription;
(d) Date of original dispensing of the
prescription;
(e) Original number of refills;
(f) Date of last refill;
(g) Number of valid refills remaining; and
(h) The full name of the transferring
pharmacist.
(3) Copies transferred for non-refillable prescriptions
shall be marked on the face of the prescription or orally noted by the
transferring pharmacist "For Information Purposes Only" and are not
valid prescriptions for the dispensing of drugs.
(4) The pharmacist transferring a copy of a
prescription must:
(a) Cancel the original prescription by writing
the word "void" on the face of the prescription in such a way as to
avoid destroying any of the original information contained on the prescription;
(b) Record on the reverse side of the original written
prescription:
(i) Date of transfer;
(ii) His/her signature; and
(iii) When transferring an oral prescription, the
name and address (and "D.E.A." number for controlled substance
prescriptions) of, and name of the pharmacist at, the receiving pharmacy.
(c) Except,
if an automated data processing system is being used as an alternate system of
recordkeeping for prescriptions pursuant to rules 4729-5-27 and 4729-5-28 of
the Administrative Code, copies of prescriptions may be transferred by a pharmacist
if the prescription record in the system is invalidated to prevent further dispensing
at the original site. The prescription
record in the system must contain the date of transfer, name of pharmacist
making transfer, and the name and address of the pharmacy receiving the
copy. Also, original written
prescriptions for controlled substances must be canceled as required in
paragraphs (A)(4)(a) and (A)(4)(b) of this rule.
(5) The pharmacist receiving a copy of a
prescription must:
(a) Exercise reasonable diligence to determine
validity of the copy;
(b) Reduce an oral prescription to writing by
recording all of the information transferred (must include all information
required in paragraph (A)(2) of this rule) and write the word
"transfer" on the face of the prescription;
(c) Record date of transfer on the face of the
prescription.
(B) A prescription copy may be transferred
between two pharmacies if the two pharmacies are accessing the same
prescription records in a centralized database or pharmacy computers linked in
any other manner. The computerized
systems must satisfy all information requirements of paragraphs (A)(2) and
(A)(4)(c) of this rule. This shall
include invalidation of the prescription record in the system to prevent further
dispensing at the original site and, if a controlled substance prescription,
the canceling of the original written prescription as required in paragraphs
(A)(4)(a) and (A)(4)(b) of this rule. A
system must be in place that will allow only authorized access to these computerized
prescription records by a pharmacist and indicate on the prescription record
when and by whom such access was made.
(C) A prescription copy may be transferred
between two pharmacists by the use of a facsimile machine. This facsimile may be considered to be a copy
of a prescription if all information requirements of paragraph (A) of this
rule, including invalidation of the original prescription or computer records,
are met. A system must be in place that
will show on the facsimile positive identification of the transferring and
receiving pharmacists which must become a part of the prescription record. Facsimile copies must be recorded in writing
pursuant to section 4729.37 of the Revised Code, or stored in such a manner
that will allow retention of the prescription record for three years from the
date of the last transaction.
(D) Information on a prescription is the property
of the patient and is intended to authorize the dispensing of a specific amount
of medication for use by the patient.
Original copies of prescriptions shall be maintained by pharmacies for
the purpose of documenting the dispensing of drugs to a particular patient.
(1) In the event that the pharmacy is not able to
provide the medication when needed by the patient pursuant to an authorized
refill, the pharmacist shall, upon the request of the patient, transfer the
prescription information to the pharmacy designated by the patient.
(2) No pharmacy shall refuse to transfer
information about a previously dispensed prescription to another pharmacy
when requested by the patient.
Prescription information shall be transferred in accordance with this
rule as soon as possible in order to assure that the patient’s drug therapy is
not interrupted.
(E) Prescriptions entered into a computer system
but not dispensed may be transferred to another pharmacy if all of the
following conditions are met:
(1) The complete prescription information has
been entered into the computer system;
(2) The information is displayed on the patient’s
profile;
(3) There is positive identification, either in
the computer system or on the hard-copy prescription, of the pharmacist who is
responsible for entering the prescription information into the system;
(4) The original prescription is filed in
accordance with rule 4729-5-09 of the Administrative Code;
(5) All requirements of this rule are met for the
transfer of the prescription.
(F) Transfer of prescription information between
two pharmacies which are accessing the same real-time, on-line database
pursuant to the operation of a board-approved central filling operation shall
not be considered a prescription copy and, therefore, is not subject to the
requirements of this rule.
4729-5-27 Recordkeeping.
The following recordkeeping
requirements do not apply to records relating to the practice of pharmacy for
an inpatient as defined in rule 4729-17-01 of the Administrative Code.
(A) There must be positive identification of the
pharmacist or pharmacists responsible for performing all activities relating
to the practice of pharmacy including, but not limited to:
(1) Prescription information entered into the
recordkeeping system;
(2) Prospective drug utilization review as
defined in rule 4729-5-20 of the Administrative Code;
(3) Dispensing;
(4) Patient counseling;
(5) Administering adult immunizations;
(6) Prescription information reduced to writing
from an order received by telephone, facsimile, or recording device.
(B) When a pharmacist dispenses a drug pursuant
to an original prescription, he/she must record the date of such dispensing
and either manually record his/her name or initials on the original
prescription or, if approved by the state board of pharmacy, enter his/her
positive identification into the computerized recordkeeping system as required
in rule 4729-5-28 of the Administrative Code.
If an alternate recordkeeping system is being used pursuant to this
rule, the record of dispensing the original prescription must also be recorded
in the alternate recordkeeping system.
(C) When a pharmacist dispenses a drug pursuant
to an authorized refill of a prescription, he/she must record the date of such
dispensing and manually record his/her name or initials on the original
prescription or enter such information on an alternate record meeting the
requirements of this rule. If an
alternate recordkeeping system is being used pursuant to this rule, this
alternate record must be used to record the dispensing of all prescriptions.
(D) The quantity dispensed shall be considered
the quantity prescribed unless:
(1) If the quantity dispensed on a new
prescription is less than the quantity prescribed, the pharmacist shall note
the quantity dispensed on the original prescription. If the quantity dispensed on a new prescription
is greater than the quantity prescribed, the pharmacist shall also record on
the original prescription the name of the authorizing prescriber, the full
name of the agent of the prescriber if applicable, the quantity authorized to
be dispensed, and the date and time that the prescriber was
contacted and approval authorization was obtained.
(2) If the quantity dispensed on
a refill prescription is less than the quantity prescribed, the pharmacist
shall note the quantity dispensed on the original prescription or enter the
quantity dispensed on an alternate record meeting the requirements of this
rule. If the quantity dispensed on a
refill prescription is greater than the quantity prescribed, the pharmacist
shall also record the name of the authorizing prescriber, the full name of
the agent of the prescriber if applicable, the quantity authorized to be
dispensed, and the date and time that the prescriber was
contacted and approval authorization was obtained.
(E) Where a prescription is written using a
generic name, or where the pharmacist dispenses an equivalent drug product
pursuant to the provisions of sections 4729.38 and 4729.381 of the Revised
Code, the brand name or drug name and name of the manufacturer or distributor
of the drug or the national drug code (NDC) number of the drug dispensed must
be recorded on the record of dispensing by the pharmacist.
(F) Records of dispensing drugs
must provide accountability and ensure that patients do not receive more drugs
than intended by the prescriber. All
recordkeeping systems shall provide records which are readily retrievable and
uniformly maintained for a period of three years from the date of the last
dispensing.
(G) If an alternate recordkeeping system is being
used pursuant to this rule, such record shall include at a minimum the
following data:
(1) The serial number assigned to and recorded on
the original prescription preserved on file at the pharmacy in accordance
with section 4729.37 of the Revised Code.
(2) Name, strength, and dosage form of the drug
dispensed.
(3) Date of dispensing (filling or refilling).
(4) Quantity dispensed. If the quantity dispensed is greater than
that prescribed, the pharmacist must record the date and time that he/she
contacted the prescriber and obtained approval.
(5) The positive identification of the dispensing
pharmacist.
(H) All records relating to the practice of
pharmacy shall be readily available, and promptly produced, upon request for
inspection by a state board of pharmacy officer, agent, and/or inspector
during regular business hours.
(I) All prescriptions or other records relating
to the practice of pharmacy, which are required to be kept for three years
according to section 4729.37 of the Revised Code, may be microfilmed or placed
on electronic, magnetic media. The
microfilm or electronic, magnetic media used for this purpose must comply with
the "International Standards Organization" standards of quality
approved for permanent records. Such records
are subject to all other paragraphs of this rule.
(J) Any pharmacy intending to
maintain records relating to the practice of pharmacy at a location other than
the place licensed with the state board of pharmacy must first send written
notification to the state board of pharmacy by certified mail, return
receipt requested or facsimile.
If not contested within sixty days of receipt by the The
state board of pharmacy office, such request will stand as
approved send written notification of the approval or disapproval of the
request. Only after receiving the
notice of the board's approval may the records be placed in the new location.
(K) Records shall be maintained for three years
on all adult immunizations administered pursuant to section 4729.41 of the
Revised Code and must include at least the following information:
(1) Full name and address of the patient;
(2) Patient’s date of birth or age;
(3) Patient’s gender;
(4) Patient’s applicable allergy information;
(5) Date of administration by the pharmacist;
(6) Name, strength, and dose of the adult
immunization administered;
(7)
(8) Route of administration;
(9) Location of the injection site;
(10) Positive identification
of the administering pharmacist;
(11) Documentation of patient
informed consent.
(L) A pharmacist who administers adult
immunizations pursuant to section 4729.41 of the Revised Code shall maintain
and immediately make available, upon the request of the state board of
pharmacy, the following records:
(1) Documentation of the successful completion of
a board-approved course in the administration of adult immunizations;
(2) Documentation of the certification to perform
basic life-support procedures pursuant to division (B)(2) of section 4729.41 of
the Revised Code.
4729-5-29 Confidentiality of patient records.
(A) Records relating to the practice of pharmacy
or administering of drugs are not a public record. A person having custody of, or access to,
such records shall not divulge the contents thereof, or provide a copy thereof,
to anyone except:
(1) The patient for whom the prescription or
medication order was issued.
(2) The prescriber who issued the prescription or
medication order.
(3) Certified/licensed health care personnel who
are responsible for the care of the patient.
(4) A member, inspector, agent, or investigator
of the state board of pharmacy or any federal, state, county, or municipal
officer whose duty is to enforce the laws of this state or the United States
relating to drugs and who is engaged in a specific investigation involving a
designated person or drug.
(5) An agent of the state medical board when
enforcing Chapter 4731. of the Revised Code.
(6) An agency of government charged with the
responsibility of providing medical care for the patient upon a written
request by an authorized representative of the agency requesting such
information.
(7) An agent of a medical insurance company who
provides prescription insurance coverage to the patient upon authorization and
proof of insurance by the patient or proof of payment by the insurance company
for those medications whose information is requested.
(8) An agent who contracts with the pharmacy
as a "business associate" in accordance with the regulations
promulgated by the secretary of the United States department of health and
human services pursuant to the federal standards for privacy of individually
identifiable health information.
(9) Any person, other than those listed in paragraphs
(A)(1) to (A)(7) (A)(8) of this rule, only when the patient has
given consent for such disclosure in writing, except where a patient requiring
medication is unable to deliver a written consent to the necessary
disclosure. Any consent must be signed
by the patient and dated. Any consent
for disclosure is valid until rescinded by the patient. In an emergency, the pharmacist may disclose
the prescription information when, in the professional judgment of the
pharmacist, it is deemed to be in the best interest of the patient. A pharmacist making an oral disclosure in an
emergency situation must prepare a written memorandum showing the patient's
name, the date and time the disclosure was made, the nature of the emergency,
and the names of the individuals by whom and to whom the information was
disclosed.
(B) Any Testimonial privilege is not
waived for any communication between a physician, a pharmacist, and a
patient, pursuant to a consult agreement, except when requested by a
federal, a state, or a local government entity, is privileged from discovery
or other use and disclosure in civil process section 2317.02 of the
Revised Code.
(C) Records relating to the
practice of pharmacy or administering drugs which may be required as evidence
of a violation shall be released to a member, inspector, agent, or
investigator of the state board of pharmacy or any state, county, or municipal
officer whose duty is to enforce the laws of this state or the United States
relating to drugs and who is engaged in a specific investigation involving a
designated person or drug upon his request.
Such person shall furnish a receipt to the person having legal custody
of the records. If the record is a prescription,
the receipt shall list the following information:
(1) Prescription identification number; or, if an
order for medication, the name of the patient;
(2) The drugs prescribed;
(3) Quantity of drugs prescribed and dispensed;
(4) Name of the prescriber;
(5) Date, name of agency, and signature of person
removing the records.
(D) All such records, including consents,
memoranda of emergency disclosures, and written requests pursuant to paragraph
(A)(8) (A)(9) of this rule, shall be kept on file at the pharmacy
for a period of three years in a readily retrievable manner.
4729-5-30 Manner of issuance of prescription. (Replaced by new 4729-5-30)
4729-5-30 Manner of issuance of a prescription.
(A) A prescription, to be valid, must be issued
for a legitimate medical purpose by an individual prescriber acting in the
usual course of his/her professional practice.
The responsibility for the proper prescribing is upon the prescriber,
but a corresponding responsibility rests with the pharmacist who dispenses the
prescription. An order purporting to be
a prescription issued not in the usual course of bona fide treatment of a
patient is not a prescription and the person knowingly dispensing such a
purported prescription, as well as the person issuing it, shall be subject to
the penalties of law.
(B) All prescriptions issued by a prescriber
shall:
(1) Be dated as of and on the day when issued.
(2) Indicate the full name and address of the
prescriber.
(3) Indicate the full name and address of the
patient.
(4) Indicate the drug name and strength.
(5) Indicate the quantity to dispense.
(6) Indicate the appropriate directions for use.
(7) Specify the number of times
or the period of time for which the prescription may be refilled. If no such authorization is given, the
prescription may not be refilled except in accordance with section 4729.281 of
the Revised Code. A prescription marked
"Refill P.R.N." or some similar designation is not considered a valid
refill authorization.
(8) Not authorize any refills for schedule II
controlled substances.
(9) Authorize refills for schedules III and IV
controlled substances only as permitted by section 3719.05 of the Revised Code.
(10) Not authorize a refill
beyond one year from the date of issuance for schedule V controlled substances
and for dangerous drugs that are not controlled substances.
(11) Identify the trade name
or generic name of the drug(s) in a compounded prescription.
(12) Not be coded in such a
manner that it cannot be dispensed by any pharmacy of the patient's choice.
(13) For prescriptions issued
to a patient by a prescriber, be:
(a) Manually signed on the day issued by the
prescriber in the same manner as he/she would sign a check or legal document.
(b) Issued in compliance with rule 4729-5-13 of
the Administrative Code.
(14) Be issued in compliance
with all applicable federal and state laws, rules, and regulations.
(C) When forms are used that create multiple
copies of a prescription issued to a patient by a prescriber, the original
prescription that bears the actual signature of the prescriber must be issued
to the patient for dispensing by a pharmacist.
(D) A pharmacist may not dispense a dangerous
drug for the first time beyond six months from the date of issuance of a
prescription.
(E) Oral transmission by the prescriber or the
prescriber’s agent of original prescriptions and refills authorized by a
prescriber, pursuant to the requirements of this rule, may be transmitted by
telephone only to:
(1) A pharmacist.
The prescriber or prescriber’s agent must provide his/her full
name. The pharmacist shall make a record
of the prescriber's agent on the original prescription and, if used, on the
alternate system of recordkeeping. The
pharmacist is responsible for assuring the validity of the source of the oral
prescription.
(2) A recording device within the pharmacy if the
pharmacist is unavailable. The
prescriber or prescriber's agent must provide his/her full name. The pharmacist must remove the prescription
from the recorder and reduce it to writing.
The pharmacist is responsible for assuring the validity of the
prescription removed from the recorder.
(3) A licensed pharmacy intern if the pharmacist
on duty who is supervising the activity of the intern determines that the
intern is competent to receive telephone prescriptions.
(a) The intern shall immediately reduce the
prescription to writing and shall review the prescription with the supervising
pharmacist. Prior to dispensing,
positive identification of the intern and the supervising pharmacist shall be
made on the prescription to identify the responsibility for the receipt of the
oral order.
(b) The supervising pharmacist on duty is
responsible for the accuracy of the prescription.
(c) The supervising pharmacist on duty must be
immediately available to answer questions or discuss the prescription with the
caller.
(F) Original written prescriptions authorized and
signed by a prescriber may be transmitted by the prescriber or the prescriber’s
agent by facsimile machine to a pharmacy pursuant to the following:
(1) The prescription must be issued in compliance
with this rule.
(2) The original prescription signed by the
prescriber from which the facsimile is produced shall not be issued to the
patient. The original prescription
signed by the prescriber must remain with the patient’s records at the
prescriber’s office or the institutional facility where it was issued.
(3) Such a facsimile shall only
be valid as a prescription if a system is in place that will allow the
pharmacist to maintain the facsimile as a part of the prescription record
including the positive identification of the prescriber and his/her agent as
well as positive identification of the origin of the facsimile.
(4) The pharmacist must record the prescription
in writing pursuant to section 4729.37 of the Revised Code or store the
facsimile copy in such a manner that will allow retention of the prescription
record for three years from the date of the last transaction.
(5) Prescriptions for schedule II controlled
substances may not be transmitted by facsimile except:
(a) Pursuant to rules 4729-17-09 and 4729-19-02
of the Administrative Code.
(b) For a narcotic substance issued for a patient
enrolled in a hospice. The original
prescription must indicate that the patient is a hospice patient. The facsimile transmission must also meet the
other requirements of this rule.
(6) A facsimile of a prescription received by a
pharmacy in any manner other than transmission directly from the prescriber or
the prescriber’s agent shall not be considered a valid prescription, except as
a copy of a prescription pursuant to rule 4729-5-24 of the Administrative
Code.
(G) A prescription may be transmitted by means of
a board-approved electronic prescription transmission system, without further
verification by the pharmacist of the prescriber’s identity, provided that:
(1) The system shall require positive
identification of the prescriber as defined in rule 4729-5-01 of the
Administrative Code and the full name of any authorized agent of the prescriber
who transmits the prescription.
(2) The computer data must be retained for a
period of three years at the prescriber's office.
(H) A pharmacist who modifies a patient's drug
therapy pursuant to a consult agreement and:
(1) Is also responsible for the dispensing of the
drug to the patient must include on the drug order the name of the physician
who originally prescribed the drug, sign the pharmacist's full name, and be in
compliance with this rule in the same manner as the prescriber.
(2) Is not responsible for the dispensing of the
drug to the patient may transmit the order to a pharmacy by acting as an agent
of the physician. Such pharmacist must
personally transmit the order verbally or by facsimile to another pharmacist
and be in compliance with this rule.
4729-6-01 Definitions; impaired pharmacists.
As used in Chapter 4729-6 of
the Administrative Code:
(A) "Substance abuse/chemical
dependency" means a condition involving the use of alcohol or other drugs
to a degree that it interferes in the functional life of the licensee, as
manifested by physical health, family, job, legal, financial, or
emotional/psychiatric problems.
(B) "Impaired pharmacist" means a
pharmacist who, because of his/her use of psychoactive substances, is unable
to practice pharmacy with requisite judgment, skill, competence, or safety to
the public.
(C) "Approved treatment provider" means
a board approved and designated treatment program pursuant to section 4729.18
of the Revised Code and Chapter 4729-6 of the Administrative Code that has been
certified by the Ohio department of alcohol and drug addiction services
(ODADAS) pursuant to division (A) of section 3793.06 of the Revised Code and
who provides or has contractual arrangements to provide all of the following
services: to identify, verify, assess the degree of impairment, detoxify,
rehabilitate, and monitor the impaired pharmacist.
(D) "Limited approved treatment
provider" means a board approved and designated treatment program
pursuant to section 4729.18 of the Revised Code and Chapter 4729-6 of the
Administrative Code who provides or has contractual arrangements to provide
identification and referral services for the impaired pharmacist and may
provide monitoring during rehabilitation.
(E) "Intervenor" means
a person who participates in a process whereby a pharmacist alleged to be
impaired is confronted to evaluate the presence of impairment and, if
indicated, who refers the pharmacist for assessment and treatment of the
problem.
(F) "Referral for assessment" means a
process whereby an intervenor who has reason to believe that a pharmacist is
impaired directs that individual to be examined for diagnosis and treatment.
(G) "Treatment assessor" means an
individual who is licensed under Chapter 4731. of the Revised Code as a doctor
of medicine or a doctor of osteopathic medicine and surgery and who is a
certified addictionist or an individual who is certified by the Ohio department
of alcohol and drug addiction services (ODADAS) as a certified chemical
dependency counselor 3 or 2 pursuant to section 3793.07 of the Revised Code
and Chapter 3793:2 of the Administrative Code and who by training and experience
can make an assessment of a pharmacist's impairment.
(H) "Individualized treatment plan" is
a written document which shall provide for inpatient treatment, outpatient
treatment, family therapy, psychotherapy, professional support groups,
twelve-step programs, aftercare including support and self-help groups,
monitoring programs consisting of random, chain of evidence drug screens, and
work site review. The above services and
other services may be determined by an approved treatment provider.
(I) "Treatment contract" means the
document which outlines the individualized treatment plan, the requirement to
cease practice, the requirement for compliance by the impaired pharmacist, and
the requirement for notification of the board for non-compliance or relapse
pursuant to section 4729.18 of the Revised Code.
(J) "Inpatient treatment" shall consist
of placing the pharmacist in an approved treatment provider facility that will
provide lodging and food, as well as care and treatment for detoxification and
rehabilitation as indicated by the treatment contract.
(K) "Outpatient treatment" shall
consist of the pharmacist not residing in an inpatient treatment facility but
who is participating in aftercare, twelve-step programs, professional support
group (if available), and monitoring programs consisting of random, chain of
evidence drug screens and work site review, to establish compliance for a
minimum of two years.
(L) "Responsible person" for an
approved treatment provider or limited approved treatment provider is an
individual who shall be in full and actual charge of the treatment program;
including but not limited to, having a current license as an approved treatment
provider or limited approved treatment provider, assuring the provider has the
necessary facilities and personnel to provide services, maintaining records,
and notification of the board when required.
(M) "Twelve-step program" is a
self-help program such as Alcoholics Anonymous or Narcotics Anonymous which
the individual shall be required to personally attend. The minimum attendance required shall not be
less than three documented meetings each week during the first two years in
recovery.
(N) "Aftercare" is a
counselor-facilitated group meeting which directly responds to problems
relating to the ongoing treatment and monitoring of the pharmacist's sobriety,
and should extend for a minimum of six months.
(O) "Professional support group" is a
group of peers meeting to discuss the problems peculiar to recovery and
re-entry to practice of the licensed professional.
(P) "Relapse" means a positive drug screen
or a return to a pattern of impairment activities which affects the
pharmacist's ability to practice.
4729-6-02 Applicability.
(A) No person, except a licensed approved
treatment provider, shall purport to be or operate as a treatment facility for
the purpose of administering care in the detoxification and rehabilitation of
an impaired pharmacist.
(B) The rules in Chapter 4729-6 of the
Administrative Code are applicable to all licensed pharmacists, pharmacy
interns, and any other board licensees.
For the purposes of this chapter only, the word "pharmacist"
shall include pharmacy interns and other persons individuals
licensed by the board.
(C) Should the board have reason to believe that
a pharmacist suffers from impairment because of conduct or behavior committed
or displayed by the pharmacist, the board may compel the individual to be
examined by an approved treatment provider.
If the pharmacist fails to submit to an assessment as ordered by the board,
or if the assessment discloses impairment, or if there is an admission of
impairment, or if the board has other reliable, substantial, and probative
evidence demonstrating impairment, the board may:
(1) Refer the licensee for treatment;
(2) Initiate action against the licensee pursuant
to Chapter 119. of the Revised Code;
(3) Summarily suspend the license of a pharmacist
pursuant to rule 4729-6-10 of the Administrative Code if the licensee's
continued practice poses a danger of immediate and serious harm to others.
(D) Before being eligible to apply for
reinstatement of a license suspended because of impairment, the pharmacist
must demonstrate to the board that he/she possesses the requisite judgment,
skill, and competence to ensure public safety in the practice of pharmacy. Such demonstration shall include but not be
limited to the following:
(1) Certification from an approved treatment
provider that the pharmacist:
(a) Has signed a treatment contract and is
participating in and complying with an individualized treatment plan;
(b) Has successfully completed the required
inpatient treatment;
(c) Is actively participating in an outpatient
treatment program;
(d) Has been shown to be alcohol and drug free by
random, chain of evidence drug screens for a period of time as determined by
the board at the time of the suspension;
(e) Has been evaluated by an approved treatment
provider who has made a clear determination, documented in a written statement,
that the pharmacist is capable of practicing.
(2) Certification that the pharmacist has met all
requirements of the board order and satisfactory evidence has been submitted to
the board, including but not limited to:
(a) A copy of the signed and agreed to treatment
contract;
(b) Written reports and documentation from the
approved treatment program;
(c) Written reports from the pharmacist
describing progress towards recovery.
4729-6-08 Requirements for approved treatment providers
and limited approved treatment providers.
(A) An intervenor associated with either an approved
treatment provider or a limited approved treatment provider shall:
(1) Respond to information from concerned
individuals;
(2) Ascertain validity of the information
received;
(3) Assess the situation and, if the pharmacist
is showing evidence of impairment, the intervenor shall refer the individual
for examination;
(4) If the pharmacist fails to comply within one
week to a referral for examination, the intervenor must report the name of the
pharmacist to the board of pharmacy by phone within one working day and
follow with a written report within two working days.
(B) A treatment assessor associated with an
approved treatment provider shall examine a pharmacist referred to the approved
treatment provider to determine if the pharmacist has a substance
abuse/chemical dependency related impairment.
(C) If such an impairment
exists, the approved treatment program shall formulate the pharmacist's
individualized treatment plan as defined in rule 4729-6-01 of the
Administrative Code. The specific requirements
shall be determined by an assessment of psychological, physical, developmental,
family, social, environmental, recreational, and professional needs. The individualized treatment plan shall be
part of a treatment contract which the impaired pharmacist must sign. If the impaired pharmacist fails to sign the
treatment contract and enter treatment within forty-eight hours of the
determination that the pharmacist needs treatment, the approved treatment
provider must report the name of the pharmacist to the board of pharmacy by
phone within one working day and follow with a written report within two
working days.
(D) The responsible person for the approved
treatment provider shall:
(1) Establish a system of records that will
provide for complete information about an impaired pharmacist from
intervention through the rehabilitation stage;
(2) Establish treatment contracts meeting the
requirements of this chapter and a system of follow up to determine compliance
by the impaired pharmacist with the treatment contract;
(3) Assure confidentiality of the impaired
pharmacist, except:
(a) If the pharmacist fails to comply within one
week to a referral for examination,
(b) If the impaired pharmacist fails to sign the
contract and enter treatment within forty-eight hours of the determination
that the pharmacist needs treatment,
(c) If the impaired pharmacist does not suspend
practice on entering treatment,
(d) If the impaired pharmacist does not comply
with the terms of the treatment contract,
(e) If the impaired pharmacist resumes practice
before the approved treatment provider has made a clear determination that the
pharmacist is capable of practicing,
(f) If the impaired pharmacist suffers a relapse
at any time during or following rehabilitation.
(4) Notify the board of pharmacy by phone
within one working day and follow with a written report within two working
days if the pharmacist violates any portion of this rule.
(E) The responsible person for the limited
approved treatment provider shall:
(1) Assure confidentiality of the impaired
pharmacist, except:
(a) If the pharmacist fails to comply within one
week to a referral for examination, or,
(b) If the impaired pharmacist suffers a relapse
at any time during or following rehabilitation.
(2) Notify the board of pharmacy by phone
within one working day and follow with a written report within two working
days if the pharmacist violates any portion of this rule.
4729-7-02 Requirements for renewal of a pharmacist
identification card.
(A) Except as provided in rule 4729-7-08 of the
Administrative Code, evidence of four and one-half six C.E.U.s of
approved continuing education shall be submitted with the application for
renewal of a pharmacist identification card by the date indicated on the
continuing pharmacy education report form and at intervals not to exceed
three years. At least 0.3 C.E.U.s of the
total required C.E.U.s must be obtained from Beginning
with those pharmacists required to report continuing education in 2001,
evidence of six C.E.U.s of approved continuing education shall be submitted
with the application for renewal of a pharmacist identification card at
intervals not to exceed three years.
Beginning with those pharmacists required to report continuing education
in 2001, at least four and one-half C.E.U.s of the total required C.E.U.s must
be obtained in patient care related programs and at least 0.3 C.E.U.s of the
total required C.E.U.s must be obtained from board approved programs in
jurisprudence.
(B) Documentation of the required C.E.U.s shall
be submitted on forms provided by the state board of pharmacy and in the
manner required for renewal of the pharmacist identification card.
(C) The C.E.U.s must be obtained
on or after July first of the year that is three years prior to the year in
which evidence of the continuing pharmacy education is required for
identification card renewal. Beginning
with those pharmacists required to report continuing education in 2004, as long
as the continuing pharmacy education report forms are filed in a timely manner,
the C.E.U.s must be obtained on or after March first of the year that is three
years prior to the year in which evidence of the continuing pharmacy education
is required for identification card renewal.
If the continuing pharmacy education report forms are not filed in a
timely manner, the C.E.U.s must have been obtained during the three-year period
immediately preceding the date that the continuing pharmacy education report
form is filed.
(D) C.E.U.s obtained in excess of the required
C.E.U.s at the time the continuing education is required for identification
card renewal may not be transferred and applied to future requirements.
(E) A pharmacist whose identification card has
lapsed or has been suspended may renew his/her identification card, if he/she
qualifies for renewal pursuant to section 4729.12 or section 4729.13 of the
Revised Code, by paying the required fee, completing the application for
renewal, and, if he/she would have been required to report continuing pharmacy
education during the period of lapse or suspension, by providing evidence of
having obtained the number of C.E.U.s required at the time of renewal by submitting
the certificates of participation obtained during the three-year period
immediately preceding the date of applying for renewal.
(F) Ohio-registered pharmacists
who hold a current license in states where continuing education is mandatory,
have met the continuing pharmacy education requirements of that state, and who
do not practice pharmacy in Ohio, may renew their identification card by
paying the required fee, completing the application for renewal, and submitting
the following signed statement on their continuing pharmacy education report
form:
"I declare under
penalties of falsification that I hold a current and valid pharmacist license,
number (insert license number), in the state of (insert name of state), that I
have met the continuing pharmacy education requirements of this state and I do
not presently practice pharmacy in the state of
4729-9-04 Returned drugs.
(A) No drug that has been dispensed pursuant to a
prescription and has left the physical premises of the terminal distributor of
dangerous drugs shall be dispensed again except:
(1) Drugs dispensed for inpatients pursuant to
paragraph (C) of rule 4729-17-01 of the Administrative Code, or provided
that:
(a) The drugs are packaged in unopened,
single-dose or tamper-evident containers and
(b) The drugs have not been in the possession of
the ultimate user.
(2) Non-controlled drugs dispensed by a
government entity and delivered for outpatients to a psychiatric outpatient
facility licensed with the state board of pharmacy provided that:
(a) The drugs are packaged in unopened,
single-dose or tamper-evident containers and
(b) The drugs have not been in the possession of
the ultimate user.
(B) Drugs that have not been dispensed or
possessed in accordance with this rule are considered to be adulterated.
4729-10-02 Licensure.
Each nonresident terminal distributor of dangerous
drugs that sells dangerous drugs at retail in the state of
(A) Conditions of licensure. The nonresident terminal distributor of dangerous
drugs shall provide the following information relative to the qualifications of
a terminal distributor of dangerous drugs set forth in section 4729.55 of the
Revised Code:
(1) Full name, address, and telephone number of
the person who desires to be licensed as a nonresident terminal distributor of
dangerous drugs.
(a) If incorporated, the application for
licensure must include copies of the incorporation papers; and names, dates of
birth, addresses, and social security numbers of the officers of the
corporation and all stockholders holding more than ten percent of the stock.
(b) If a proprietorship, the application for
licensure must include the name, address, date of birth, and social security
number of the owner(s).
(c) If a partnership, the application for
licensure must include the names, addresses, dates of birth, and social
security numbers of the partners.
(d) If the entity applying for a license is a
private investment group, the application for licensure must include the names,
addresses, dates of birth, and social security numbers of the investors.
(2) Certification from the appropriate licensing
authority that the applicant maintains at all times a valid, unexpired license,
permit, or registration to properly carry on the business of a distributor of
dangerous drugs in the state in which the facility is located and from where
dangerous drugs are being sold at retail to residents in Ohio. The
certification(s) must include licenses, permits, or registrations required to
cover the categories of dangerous drugs which the nonresident terminal
distributor of dangerous drugs will be selling at retail to persons in the
state of
(3) A copy of the most recent inspection report,
any warning notices, notice of deficiency reports, or any other related reports
issued by the regulatory licensing agency and drug law enforcement agencies of
the state in which it is located or any federal agencies regulating and
enforcing laws governing the legal distribution of drugs.
(4) A narrative description of the type of
business the nonresident terminal distributor of dangerous drugs will be carrying
on within the category of licensure requested. The description shall
include the type of professional services that will be provided in accordance
with federal and state laws governing the legal distribution of drugs and
professional pharmacy practice.
(5) If the nonresident terminal distributor is a
pharmacy, the application shall be accompanied by:
(a) The name and license number of the
responsible pharmacist (pharmacist-in-charge).
(b) Certification from the appropriate licensing
authority that the responsible pharmacist’s license is current and in good
standing.
(c) The telephone number where the responsible
pharmacist may be reached during normal business hours.
(d) A list of all pharmacists employed by the
pharmacy who are dispensing dangerous drugs pursuant to prescriptions to residents
of this state. The list shall include each pharmacist’s license number
and the date that the license will expire.
(e) A description of the following:
(i) Normal delivery protocols and times;
(ii) Any special packaging or procedures used in
delivering temperature-sensitive drug products;
(iii) The procedure to be followed if the patient’s
prescription drug is not available at the nonresident pharmacy, or if delivery
will be delayed beyond the normal delivery time;
(iv) The procedure to be followed upon receipt of
a prescription for an acute illness that assures the patient the opportunity
to obtain the medication immediately.
(v) The procedure to be followed that will ensure
that the patient’s medication therapy is not interrupted when the nonresident
pharmacy has been advised by the patient or patient’s caregiver that the
patient’s prescription medication has not been received within the normal
delivery time.
(6) Nonresident terminal distributors of
dangerous drugs where the responsible person is a dentist, optometrist,
physician, or veterinarian shall submit the following information with their
application:
(a) The name and license number of the
responsible dentist, optometrist, physician, or veterinarian.
(b) Certification from the appropriate licensing
authority that the responsible person’s license is current and in good
standing.
(c) The telephone number where the responsible
dentist, optometrist, physician, or veterinarian may be reached during normal
business hours.
(d) A list of all dentists, optometrists,
physicians, or veterinarians employed by the nonresident terminal distributor
who are selling dangerous drugs at retail to residents of this state. The
list shall include the license numbers and the date that the licenses to
practice will expire.
(B) Discipline.
(1) In accordance with Chapter 119. of the
Revised Code, the board may deny, revoke, suspend, or refuse to renew a
nonresident terminal distributor license, or may issue a monetary penalty or
forfeiture in
accordance with section 4729.57 of the Revised Code:
(a) For making any false material statements in
an application for a license as a nonresident terminal distributor of dangerous
drugs.
(b) For failure to comply with any provision of
Chapter 4729-10 of the Administrative Code.
(c) For serious misconduct on the part of the
nonresident terminal distributor that results in harm to one or more patients
within
(d) If it determines that the nonresident
terminal distributor has been disciplined by another state or federal agency
for serious misconduct that may cause patients within
(e) For ceasing to satisfy the qualifications of
a nonresident terminal distributor of dangerous drugs set forth in section
4729.551 of the Revised Code.
(2) Except in a case that creates an imminent
danger to the public health or safety, prior to initiating a disciplinary
action against a nonresident terminal distributor under paragraphs (B)(1)(c)
and (B)(1)(d) of this rule, the board must file a complaint against the
nonresident terminal distributor with the regulatory or licensing agency of the
state in which the nonresident terminal distributor is located. The board
may initiate its own action to discipline a nonresident terminal distributor
if:
(a) The regulatory or licensing agency of the
state in which the nonresident terminal distributor is located fails to
initiate an action by the sixtieth day after the date that the board filed the
complaint under this rule;
(b) The regulatory or licensing
agency of the state in which the nonresident terminal distributor is located
fails to resolve the complaint within one year after the date that the
complaint was filed; or
(c) The regulatory or licensing agency of the
state in which the nonresident terminal distributor is located lacks or fails
to exercise jurisdiction.
(3) Nothing in this rule shall require the board
to take disciplinary action against the nonresident terminal distributor if it
determines that another state has already taken suitable action for the same
offense.
The motion was seconded by
RES. 2002-098
ROBERT YEOMAN/BOC Gases-VP Regulatory Affairs/CGA member
MINDY EBERHART/American Home Patient/Corp. Dir. of Regulatory Compliance
RICK HENDERSON/DeLille Oxygen Co.-Compliance Mgr./AGA member/Welding Supply Assn.
The motion was seconded by
RES. 2002-099 Mr. Winsley
presented a request for an exemption to OAC Rule 4729-5-10 (Pick-up station)
from Ken Speidel, R.Ph. so that patient-specific prescriptions for drug
products that have been compounded by Ritzman Compounding Pharmacy (02-1129600)
can be delivered directly to the other licensed Ritzman pharmacies. Ms. Eastman 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
RES. 2002-100 Mr. Benedict
then presented a request from Concordia Care, Cleveland Heights (application
pending) for an exemption to Rule 4729-5-10 (Pick-up station) so that
patient-specific prescriptions for clients of the Adult Day Health Center can
be delivered directly to Concordia Care.
After discussion, Mrs. Adelman 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
RES. 2002-101 The Board next
discussed a request from Medic Drug for an exemption to Rule 4729-5-10 (Pick-up
station) so that patient-specific prescriptions prepared in patient-compliance
packaging could be filled at one central Medic location and delivered to the
patient’s usual Medic Pharmacy. After
discussion, Mr. Turner moved that the Board approve the request due to the need
for involvement by a health care professional in the patient’s drug therapy
[4729-5-10(B)(5)(b)]. The motion was
seconded by
A request for an exemption to Rule 4729-5-10 (Pick-up station)
received from the
A request for an exemption to Rule 4729-5-10 (Pick-up station) received from the MedCentral Health System was also tabled pending further investigation by Board staff.
RES. 2002-102 A request for a
continuance of an exemption to Rule 4729-5-11 (Responsible pharmacist) was
received from
Elmwood Institutional Pharmacy (02-0917250)
After discussion,
RES. 2002-103 The Board next
considered a request from
The Compounding Lab (application pending)
After discussion,
RES. 2002-104
SETTLEMENT AGREEMENT WITH THE
STATE BOARD OF PHARMACY
(Docket No. D-010313-046)
In The Matter Of:
5600 Big
(R.Ph. No. 03-3-20190)
This Settlement Agreement is
entered into by and between
Whereas, the Board is
empowered by Section 4729.16 of the Ohio Revised Code to suspend, revoke, place
on probation, refuse to grant or renew an identification card or enforce a
monetary penalty on the license holder for violation of any of the enumerated
grounds therein.
Whereas,
Whereas, on or about March
13, 2001, pursuant to Chapter 119. of the Ohio Revised Code,
(A) Records of the Board of Pharmacy indicate that you were
originally licensed in the State of
(B) You did, on or about June 15, 2000, fail to offer or otherwise
perform patient counseling, to wit: when dispensing medication to a patient
pursuant to prescription number 6703909, you failed to offer patient
counseling, and you did not counsel the patient. The patient was dispensed Amoxicillin, even
though he had an allergy to penicillin products; but since you did not counsel
him as to the medication, he ingested it and immediately had an allergic
reaction, necessitating a call to 9-1-1 for transport to a hospital. Such conduct is in violation of Rule
4729-5-22 of the Ohio Administrative Code, and if proven constitutes being
guilty of unprofessional conduct in the practice of pharmacy within the meaning
of Section 4729.16 of the Ohio Revised Code.
Wherefore, 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:
(1) Fay Christine Grant-Young,
R.Ph., disagrees with the above charges and without admitting to any violations
alleged in the State Board of Pharmacy Notice of Opportunity for Hearing dated
March 13, 2001, agrees to research and prepare a written paper on the signs and
symptoms of penicillin allergies and proper policies and procedures for
pharmacists to follow when suspected penicillin allergy is identified.
(2)
(3)
(4) Fay Christine Grant-Young,
R.Ph., with intention of binding herself and her 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 Fay Christine
Grant-Young, R.Ph. ever had, or now has or may have, known or unknown, or that
anyone claiming through or under her may have or claims to have, created by or
arising out of the allegations or charges filed by the Board against Fay
Christine Grant-Young, R.Ph., set forth in the Notice of Opportunity for
Hearing.
(5)
(6) 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.
(7) 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.
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/s/ Sally Ann Steuk |
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SETTLEMENT AGREEMENT WITH THE
STATE BOARD OF PHARMACY
(Docket No. 010615-072)
In the Matter of:
DRUG EMPORIUM #32
c/o
(Terminal Distributor No.
02-0873050)
This
Settlement Agreement is entered into by and between DRUG EMPORIUM #32 and the
DRUG EMPORIUM #32 ENTERS INTO THIS AGREEMENT BEING FULLY
INFORMED OF ITS RIGHTS AFFORDED UNDER CHAPTER 119. OF THE
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, DRUG EMPORIUM #32 is
a licensed terminal distributor of dangerous drugs in the State of
WHEREAS, on or about March
12, 2001, pursuant to Chapter 119. of the Ohio Revised Code, DRUG EMPORIUM #32
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 Notice of
(1) Records of the Board of Pharmacy indicate that Drug Emporium #32
is licensed with the State Board of Pharmacy as a Terminal Distributor of
Dangerous Drugs. Records further reflect during the relevant time periods
stated herein, you were the Responsible Pharmacist pursuant to Rule 4729-5-11
of the Ohio Administrative Code and Sections 4729.27 and 4729.55 of the Ohio
Revised Code.
(2) Drug Emporium #32 did, from February 5, 2001, through February
19, 2001, fail to notify the Board of Pharmacy by telephone immediately upon
discovery of a theft of dangerous drugs, to wit: Drug Emporium personnel observed drug thefts,
confirmed them with audits, but delayed until February 20, 2001, before notifying
the Board of Pharmacy of the thefts.
Such conduct is in violation of Rule 4729-9-15 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, DRUG EMPORIUM #32 denies some or all of the
allegations or charges. Notwithstanding
DRUG EMPORIUM #32’s denial of the allegations, the Board hereby adjudicates
the same.
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), Drug Emporium #32 is hereby
reprimanded for the aforementioned violation of rule and/or law.
(B) All Ohio Drug Emporium Pharmacies will conduct a self-assessment
to ensure that pharmacy personnel, in particular pharmacists in charge, are aware of all federal and
(C) Ohio regulation 4729-9-15 will be discussed with each pharmacist
in charge and the pharmacists will be instructed on the appropriate method for
board notification. Each pharmacist in charge will be instructed of board
notification upon strong suspicion or confirmation of any loss of dangerous
drugs.
DRUG EMPORIUM #32
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.
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.
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/s/ Jason Elliott Baker |
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/d/ 12/10/01 |
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DRUG EMPORIUM #32, Respondent |
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/s/ Sally Ann Steuk |
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SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY
(Docket
No. 010713-003)
In
the Matter of:
LO-MED PRESCRIPTION SERVICES,
INC.
c/o
(Terminal Distributor No.
02-0359250)
This
Settlement Agreement is entered into by and between LO-MED
PRESCRIPTION SERVICES, INC. and the
LO-MED PRESCRIPTION SERVICES, INC.
ENTERS INTO THIS AGREEMENT BEING FULLY INFORMED OF ITS RIGHTS AFFORDED UNDER
CHAPTER 119. OF THE
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, Lo-Med Prescription Services, Inc. is a
licensed terminal distributor of dangerous drugs in the State of
WHEREAS, on or about July 13, 2001, pursuant to Chapter 119. of the
Ohio Revised Code, Lo-Med Prescription Services, Inc. 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 Notice of
Opportunity for Hearing contains the following allegations or charges:
(1) Records of the Board of Pharmacy indicate that Lo-Med
Prescription Services, Inc. is licensed with the State Board of Pharmacy as a
Terminal Distributor of Dangerous Drugs and
(2) Lo-Med
Prescription Services, Inc., did, on or about October 26, 2000, fail to perform
prospective drug utilization review, to wit: when dispensing medication to a
patient pursuant to prescription number R2360709, pharmacists failed to review
the original prescription and/or refill information for drug-allergy
interactions and/or drug-drug interactions.
The physician had ordered Ultram 50mg (patient had been taking Zoloft);
during the computer entry, the technician was alerted to an allergy problem,
and after an override was directed by the pharmacist, the technician was
alerted to a drug-drug interaction warning.
The technician again sent the order to the pharmacist, and another
override was entered. The order does not
indicate that a pharmacist authorized any additional overrides. Lo-Med Prescription Services, Inc. had been
given a written warning for deficiencies in drug utilization review by a Board
Compliance Specialist on July 3, 2000.
Such conduct is in violation of Rule 4729-5-20 of the Ohio
Administrative Code, and Rule 4729-5-01(N) as it relates to Rule 4729-5-20 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.
(3) Lo-Med Prescription Services, Inc., did, on or about May 16,
2000, fail to perform prospective drug utilization review, to wit: when
dispensing medication to a patient pursuant to prescription number 2068407,
“Diflucan”, a technician entered the prescription information into the
computer, entered an override when alerted to the Coumadin, and Diflucan drug
interaction, and pharmacists failed to review the original prescription and/or
refill information for the drug-drug interaction. The prescription was filled and the patient
suffered serious physical harm. Such
conduct is in violation of Rule 4729-5-20 of the Ohio Administrative Code, and
Rule 4729-5-01(N) as it relates to Rule 4729-5-20 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, Lo-Med Prescription Services, Inc. denies
some or all of the allegations or charges.
Notwithstanding Lo-Med Prescription Services, Inc. denial of the
allegations, the Board hereby adjudicates the same.
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) Lo-Med Prescription
Services, Inc. will institute a Medication Intervention Policy which requires
that First Data Bank will update all interactions and allergies in the
computer. All information will be
printed by data entry and addressed promptly by the clinical pharmacist.
(B) The pharmacist will address all interactions regardless of
severity.
(C) Data entry will provide the pharmacist with
a copy of the order with the information attached. Data entry will attach the interaction,
allergy, and duplicate therapy to the clarification form.
(D) The pharmacist will use professional judgement on the
intervention required for each situation.
(E) All interactions, allergies, and duplicate therapies will be
addressed by a pharmacist and will include detailed documentation attached to
the actual order, including the physician/nurse’s full name, date, time,
intervention, and pharmacist initials.
Documentation is required even if no intervention is necessary.
(F) The physician order clarification form will
be faxed or sent via tote to appropriate nursing facility for their
documentation and appropriate signatures if needed.
(G) The intervention report along with the physician order
clarification form will be attached to the pharmacy copy of the medication
orders for completion of clinical evaluation and subsequent filing.
(H) No order will be processed prior to having the involved
pharmacist’s verifying intervention, signature, and date.
(I) A question and answer routine will be performed and results
will be reviewed to ensure that all procedures are followed for medication
orders requiring intervention.
WHEREAS, Lo-Med Prescription Services, Inc.
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.
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.
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/d/ 12/18/01 |
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Lo-Med Pharmaceutical Services, Inc.,
Respondent |
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Date of Signature |
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Exec.
Vice President |
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/s/ Sally Ann Steuk |
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9:34 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
10:25 a.m.
RES. 2002-105 The Executive
Session ended and the meeting was opened to the public.
RES. 2002-106
RES. 2002-107
RES. 2002-108
RES. 2002-109
RES. 2002-110 Ms. Eastman
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
Moore, R.Ph. (03-1-19236) 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
10:40 a.m.
The Board took a brief recess.
10:58 a.m.
The Board was joined by
11:26 a.m.
The record in the matter of Lawrence E. Broome, R.Ph. was closed.
11:27 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
11:40 a.m.
RES. 2002-111 The
Executive Session ended and the meeting was opened to the public.
ORDER OF THE STATE BOARD OF PHARMACY
(Docket
No. D-010917-010)
In
The Matter Of:
(R.Ph. No. 03-1-08147)
INTRODUCTION
THE MATTER OF LAWRENCE E. BROOME CAME FOR
CONSIDERATION ON JANUARY 7, 2002 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.; AND JAMES E. TURNER, R.Ph.
SUMMARY
OF EVIDENCE
(A) Testimony
State's Witnesses:
(1)
Respondent's Witnesses:
(1) None
(B) Exhibits
State's Exhibits:
(1) Exhibit 1--Copy of three-page Notice of Opportunity for Hearing
letter dated September 17, 2001.
(2) Exhibit 1A--Hearing Request letter from
(3) Exhibit 1B--Copy of letter to
(4) Exhibit 1C--Copy of
(5) Exhibit 2--Copy of eight-page Order of the State Board Of
Pharmacy, Docket No. D-970107-024, of Lawrence E. Broome, R.Ph., dated July 17,
1997.
(6) Exhibit 3--Copy of pages 490 to 499, State Board Of Pharmacy
Journal No. J-861028-079, re Lawrence E.
Broome, Docket No. 6-119-1, not dated.
(7) Exhibit 4--Copy of Ohio State Board of Pharmacy Drug Audit
Accountability Sheet for Ionamin 30mg at Rite Aid #2590 dated December 28,
2000; Copy of Ionamin 30mg Flow Sheet showing dates from May 1, 1999 to
September 15, 2000, not dated.
(8) Exhibit 5--Copy of Ohio State Board of
Pharmacy Drug Audit Accountability Sheet for Phentermine 15mg at Rite Aid #2590
dated December 28, 2000; Copy of Phentermine 15mg Flow Sheet showing dates from
May 1, 1999 to September 15, 2000.
(9) Exhibit 6--Copy of Ohio State Board of Pharmacy Drug Audit
Accountability Sheet for Phentermine 37.5mg at Rite Aid #2590 dated December
28, 2000; Copy of Phentermine 37.5mg Flow Sheet showing dates from May 1, 1999
to September 15, 2000.
(10) Exhibit 7--Copy of Statement of Susan Kortyna notarized October
10, 2000.
(11) Exhibit 8--Copy of Statement of Lawrence Broome notarized
September 15, 2000.
(12) Exhibit 9--Copy of two-page Statement of Doris Walker notarized
January 3, 2001.
Respondent's Exhibits:
(1) None
FINDINGS
OF FACT
After having heard the testimony, observed the
demeanor of the witness, considered the evidence, and weighed the credibility
of each, the State Board of Pharmacy finds the following to be fact:
(1) On September 17, 2001, Lawrence E. Broome was notified by letter
of his right to a hearing, his rights in such hearing, and his right to submit
any contentions in writing.
(2) As demonstrated by return receipt dated September 27, 2001,
Lawrence E. Broome did receive the letter of September 17, 2001, informing him
of the allegations against him, and his rights.
(3) By letter from
(4) Records of the State Board of Pharmacy indicate that Lawrence E.
Broome was originally licensed by the State of
(5) Lawrence E. Broome did, from August 8, 1999, through September
15, 2000, with purpose to deprive, knowingly obtain or exert control over
dangerous drugs, the property of Rite Aid #2590, beyond the express or implied
consent of the owner, to wit: Lawrence E. Broome stole the following controlled
substances:
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Drug |
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Qty. |
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% of Stock |
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Ionamin
30mg |
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300 |
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100% |
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Phentermine
15mg |
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983 |
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100% |
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Phentermine
37.5mg |
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1,085 |
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80% |
Such conduct is in violation of Section 2913.02 of the Ohio
Revised Code .
(6) Lawrence
E. Broome is abusing drugs or impaired physically or mentally to such a degree
as to render him unfit to practice pharmacy, to wit: Lawrence E. Broome stole
drugs; Lawrence E. Broome has been observed while practicing pharmacy as if he
was impaired; and, Lawrence E. Broome admitted to a coworker that he has abused
drugs for a long period of time and is involved in several rehabilitation
groups. Such conduct indicates that
Lawrence E. Broome is addicted to or is abusing alcohol or drugs or is impaired
physically or mentally to such a degree as to render him unfit to practice
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 paragraph (5) of the Findings of Fact constitutes
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 (5) and (6) 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 (6) 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 4729.16
of the Ohio Revised Code, the State Board of Pharmacy takes the following
actions in the matter of Lawrence E. Broome:
(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. 03-1-08147, held by Lawrence E. Broome
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. 03-1-08147, held by Lawrence E. Broome
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. 03-1-08147, held by Lawrence E. Broome
effective as of the date of the mailing of this Order.
Pursuant to Section 4729.16(B)
of the Ohio Revised Code, Lawrence E. Broome must return the identification
card and license (wall certificate) to the office of the State Board of
Pharmacy within ten days after receipt of this Order unless the Board office is
already in possession of both. The
identification card and wall certificate should be sent by certified mail,
return receipt requested.
THIS
ORDER WAS APPROVED BY A VOTE OF THE STATE BOARD OF PHARMACY.
MOTION
CARRIED.
SO ORDERED.
The motion was seconded by
11:45 a.m.
The Board recessed for lunch.
1:06 p.m.
Board Member
3:43 p.m.
The hearing ended and the record was closed. The Board took a brief recess.
4:05 p.m.
The Board was joined by
6:50 p.m.
The hearing ended and the record was closed.
6:55 p.m.
The meeting was recessed until Tuesday, January 8, 2002.
tuesday, january 8, 2002
8:45 a.m. ROLL CALL
The State Board of Pharmacy
reconvened in Room 1919,
Ann D. Abele, R.Ph. (President); Diane C. Adelman, R.Ph. (Vice-President); Gregory Braylock, R.Ph.; Suzanne R. Eastman, R.Ph.; Robert P. Giacalone, R.Ph.; Lawrence J. Kost, R.Ph.; Nathan S. Lipsyc, R.Ph.; and James E. Turner, R.Ph.
After a discussion of the draft minutes from the December,
2001 meeting,
9:09 a.m.
The Board was joined by
10:55 a.m.
The hearing ended and the record was closed. The Board took a brief recess.
11:12 a.m.
The Board was joined by
11:51 a.m.
The hearing was recessed for lunch.
1:00 p.m.
The Board convened in Room 1930,
Ann D. Abele, R.Ph. (President); Diane C. Adelman, R.Ph. (Vice-President); Gregory Braylock, R.Ph.; Suzanne R. Eastman, R.Ph.; Robert P. Giacalone, R.Ph.; Lawrence J. Kost, R.Ph.; Nathan S. Lipsyc, R.Ph.; and James E. Turner, R.Ph.
RES. 2002-112 Following
presentations by Board members and self-introductions by the candidates for
licensure by reciprocity,
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1:23 p.m.
The Board reconvened in Room 1919 to continue the hearing in
the matter of
2:02 p.m.
The hearing ended and the record was closed. The Board took a brief recess.
2:10 p.m.
RES. 2002-113 After further
information had been obtained by Board staff, the Board continued the
discussion on the request from MedCentral Health System for an exemption to
Rule 4729-5-10 (Pick-up station).
Center for Pain Control (02-1290800)
The motion was seconded by
RES. 2002-114 The Board next considered the previously tabled request from Columbus Neighborhood Health Center, Inc. for an exemption to Rule 4729-5-10 (Pick-up station). After clarification of the request was presented by Mr. Benedict, Ms. Eastman moved that the Board approve the request for the following two locations due to the need for involvement by a health care professional in the patient’s drug therapy [Rule 4729-5-10(B)(5)(b)]:
Med-Share Pharmacy,
The motion was seconded by
2:39 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
3:45 p.m.
RES. 2002-115 The Executive
Session ended and the meeting was opened to the public.
RES. 2002-116 Ms. Eastman
then moved that the Board refuse to accept the settlement offer issued in the
matters of Kinsman Pharmacy, Donald R. Sutton, R.Ph., and Robert C. Sutton,
R.Ph. that had been submitted on their behalf by their attorney. The motion was seconded by
RES. 2002-117
ORDER OF THE STATE BOARD OF PHARMACY
(Docket
No. D-011004-015)
In
The Matter Of:
(R.Ph. No. 03-2-11512)
INTRODUCTION
THE MATTER OF GEORGE L.
PLATAZ CAME FOR HEARING ON JANUARY 8, 2002, 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.; AND JAMES E. TURNER, R.Ph.
SUMMARY
OF EVIDENCE
(A) Testimony
State's Witnesses:
(1)
Respondent's Witnesses:
(1)
(2)
(3)
(B) Exhibits
State's Exhibits:
(1) Exhibit 1--Copy of eight-page Summary Suspension Order/Notice of
(2) Exhibit 1A--Hearing Request letter from
(3) Exhibit 1B--Copy of Hearing Schedule letter dated October 22,
2001.
(4) Exhibit 1C--Copy of eight-page Amendment/Addendum Notice letter
dated October 22, 2001.
(5) Exhibit 1D--Copy of Ohio Pharmacist Computer Record of George
Leonard Plataz printed October 4, 2001.
(6) Exhibit 2--Copy of Customer Receipt for Prescription No. N
659674 00 dated September 26, 1998.
(7) Exhibit 3--Copy of Customer Receipt for Prescription No. N
663440 00 dated November 2, 1998.
(8) Exhibit 4--Copy of Customer Receipt for Prescription No. N
666333 00 dated December 1, 1998.
(9) Exhibit 5--Copy of Customer Receipt for Prescription No. N
669318 00 dated January 2, 1999.
(10) Exhibit 6--Copy of Customer Receipt for Prescription No. N 673613
00 dated February 11, 1999.
(11) Exhibit 7--Copy of Customer Receipt for Prescription No. N 675568
00 dated February 27, 1999.
(12) Exhibit 8--Copy of Customer Receipt for Prescription No. N 680332
00 dated April 11, 1999.
(13) Exhibit 9--Copy of Customer Receipt for Prescription No. N 686043
00 dated June 5, 1999.
(14) Exhibit 10--Copy of Customer Receipt for Prescription No. N 688768
00 dated July 2, 1999.
(15) Exhibit 11--Copy of Customer Receipt for
Prescription No. N 692877 00 dated August 13, 1999.
(16) Exhibit 12--Copy of Customer Receipt for
Prescription No. N 732792 00 dated August 14, 2000.
(17) Exhibit 13--Copy of Customer Receipt for Prescription No. N 733583
00 dated August 22, 2000.
(18) Exhibit 14--Copy of Customer Receipt for Prescription No. N 740299
00 dated October 21, 2000.
(19) Exhibit 15--Copy of Customer Receipt for Prescription No. N 746175
00 dated December 11, 2000.
(20) Exhibit 16--Copy of Customer Receipt for Prescription No. N 755063
00 dated February 23, 2001.
(21) Exhibit 17--Copy of Customer Receipt for Prescription No. N 768948
00 dated June 15, 2001.
(22) Exhibit 18--Copy of Customer Receipt for Prescription No. N 774298
00 dated August 1, 2001.
(23) Exhibit 19--Copy of CVS/REVCO #4316 Pharmacist’s Statement report
covering September 26, 1998 to August 1, 2001, dated September 17, 2001.
(24) Exhibit 20--Copy of Customer Receipt for Prescription No. N 675565
00 dated February 27, 1999.
(25) Exhibit 21--Copy of Customer Receipt for Prescription No. N 686044
00 dated June 5, 1999.
(26) Exhibit 22--Copy of Customer Receipt for Prescription No. N 694251
00 dated August 27, 1999.
(27) Exhibit 23--Copy of Customer Receipt for Prescription No. N 741925
00 dated November 4, 2000.
(28) Exhibit 24--Copy of Customer Receipt for Prescription No. N 746749
00 dated December 14, 2000.
(29) Exhibit 25--Copy of Customer Receipt for Prescription No. N 751627
00 dated January 26, 2001.
(30) Exhibit 26--Copy of Customer Receipt for Prescription No. N 756556
00 dated March 7, 2001.
(31) Exhibit 27--Copy of Customer Receipt for Prescription No. N 770723
00 dated June 29, 2001.
(32) Exhibit 28--Copy of Customer Receipt for Prescription No. N 774768
00 dated August 25, 2001.
(33) Exhibit 29--Copy of Customer Receipt for Prescription No. N 777238
00 dated August 25, 2001.
(34) Exhibit 30--Copy of eleven-page CVS/REVCO #4316 Pharmacist’s
Statement report covering February 27, 1999 to September 16, 2001, dated
September 17, 2001.
(35) Exhibit 31--Copy of Customer Receipt for Prescription No. N 740137
00 dated October 20, 2000.
(36) Exhibit 32--Copy of Customer Receipt for Prescription No. N 777280
00 dated August 25, 2001.
(37) Exhibit 33--Copy of Customer Receipt for Prescription No. N 745880
00 dated December 7, 2000.
(38) Exhibit 34--Copy of Customer Receipt for Prescription No. N 733991
00 dated August 26, 2000.
(39) Exhibit 35--Copy of CVS/REVCO #4316 Pharmacist’s Statement report
covering October 20, 2000 to August 25, 2001, date illegible.
(40) Exhibit 36--Copy of Customer Receipt for Prescription No. N 737728
00 dated September 28, 2000.
(41) Exhibit 37--Copy of Customer Receipt for Prescription No. N 739603
00 dated October 16, 2000.
(42) Exhibit 38--Copy of Customer Receipt for Prescription No. N 741130
00 dated October 30, 2000.
(43) Exhibit 39--Copy of Customer Receipt for
Prescription No. N 744962 00 dated November 30, 2000.
(44) Exhibit 40--Copy of Customer Receipt for Prescription No. N 747885
00 dated December 26, 2000.
(45) Exhibit 41--Copy of Customer Receipt for Prescription No. N 753371
00 dated February 9, 2001.
(46) Exhibit 42--Copy of Customer Receipt for Prescription No. N 756660
00 dated March 7, 2001.
(47) Exhibit 43--Copy of Customer Receipt for Prescription No. N 761940
00 dated April 18, 2001.
(48) Exhibit 44--Copy of Customer Receipt for Prescription No. N 768393
00 dated June 11, 2001.
(49) Exhibit 45--Copy of Customer Receipt for Prescription No. N 770390
00 dated June 27, 2001.
(50) Exhibit 46--Copy of Customer Receipt for Prescription No. N 773918
00 dated July 29, 2001.
(51) Exhibit 47--Copy of CVS/REVCO #4316 Pharmacist’s Statement report
covering August 23, 2000 to July 29, 2001, date illegible.
(52) Exhibit 48--Copy of Customer Receipt for Prescription No. N 733570
00 dated August 22, 2000.
(53) Exhibit 49--Copy of Customer Receipt for Prescription No. N 738807
00 dated October 8, 2000.
(54) Exhibit 50--Copy of Customer Receipt for Prescription No. N 741745
00 dated November 3, 2000.
(55) Exhibit 51--Copy of Customer Receipt for Prescription No. N 744963
00 dated November 30, 2000.
(56) Exhibit 52--Copy of Customer Receipt for Prescription No. N 749889
00 dated January 12, 2001.
(57) Exhibit 53--Copy of Customer Receipt for Prescription No. N 755064
00 dated February 23, 2001.
(58) Exhibit 54--Copy of Customer Receipt for Prescription No. N 762257
00 dated April 21, 2001.
(59) Exhibit 55--Copy of Customer Receipt for Prescription No. N 769071
00 dated June 15, 2001.
(60) Exhibit 56--Copy of Customer Receipt for Prescription No. N 770618
00 dated June 29, 2001.
(61) Exhibit 57--Copy of Customer Receipt for Prescription No. N 774706
00 dated October 3, 2001.
(62) Exhibit 58--Copy of CVS/REVCO #4316 Pharmacist’s Statement report
covering August 22, 2000 to August 3, 2001, date illegible.
Respondent's Exhibits:
(1) Exhibit A--Three-page PRO Inc. Pharmacist’s Recovery Contract of
George Plataz dated October 10, 2001.
(2) Exhibits B to B4--Five pages of support group attendance records
dated from September 19, 2001 to December 26, 2001.
(3) Exhibits C to C2--Copy of three-page Cleveland Clinic Foundation
Lab Results Summary of George L. Plataz dated from August 20, 2001 to April 17,
2002.
(4) Exhibit D--Letter from
(5) Exhibit E--Copy of letter from
(6) Exhibit F--Copy of letter from
(7) Exhibit G--Copy of letter from
(8) Exhibit H--Copy of letter from
(9) Exhibit I1--Copy of handwritten prescription for
(10) Exhibits I2 to I6--Copy of five pages of Quest Diagnostics drug
screen reports for specimens collected from
(11) Exhibit J--Support group attendance record dated from December 27,
2001 to January 7, 2002.
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
(2)
(3)
|
Drug |
Schedule |
Date |
Quantity |
|
Rx # |
|
Dexedrine Spansules 15mg |
II |
09/26/98 |
50 |
|
N 659674 |
|
Dexedrine Spansules 15mg |
II |
11/02/98 |
50 |
|
N 663440 |
|
Dexedrine Spansules 15mg |
II |
12/01/98 |
50 |
|
N 666333 |
|
Dexedrine Spansules 15mg |
II |
01/02/99 |
50 |
|
N 669318 |
|
Dexedrine Spansules 15mg |
II |
02/11/99 |
49 |
|
N 673613 |
|
Dexedrine Spansules 15mg |
II |
02/27/99 |
50 |
|
N 675568 |
|
Dexedrine Spansules 15mg |
II |
04/11/99 |
50 |
|
N 680332 |
|
Dexedrine Spansules 15mg |
II |
06/05/99 |
50 |
|
N 686043 |
|
Dexedrine Spansules 15mg |
II |
07/02/99 |
50 |
|
N 688768 |
|
Dexedrine Spansules 15mg |
II |
08/13/99 |
50 |
|
N 692877 |
|
Dexedrine Spansules 15mg |
II |
08/14/00 |
24 |
|
N 732792 |
|
Dexedrine Spansules 15mg |
II |
08/22/00 |
24 |
|
N 733583 |
|
Dexedrine Spansules 15mg |
II |
10/21/00 |
30 |
|
N 740299 |
|
Dexedrine Spansules 15mg |
II |
12/11/00 |
30 |
|
N 746175 |
|
Dexedrine Spansules 15mg |
II |
02/23/01 |
30 |
|
N 755063 |
|
Dexedrine Spansules 15mg |
II |
06/15/01 |
36 |
|
N 768948 |
|
Dexedrine Spansules 15mg |
II |
08/01/01 |
36 |
|
N 774298 |
|
|
II |
08/22/00 |
120 |
|
N 733570 |
|
|
II |
02/27/99 |
100 |
|
N 675565 |
|
|
II |
06/05/99 |
90 |
|
N 686044 |
|
|
II |
08/27/99 |
120 |
|
N 694251 |
|
|
II |
10/20/00 |
100 |
|
N 740137 |
|
|
II |
11/30/00 |
120 |
|
N 744963 |
|
|
II |
12/26/00 |
100 |
|
N 747885 |
|
IC Oxycodone |
II |
01/12/01 |
120 |
|
N 749889 |
|
|
II |
02/23/01 |
100 |
|
N 755064 |
|
|
II |
03/07/01 |
100 |
|
N 756660 |
|
|
II |
06/29/01 |
120 |
|
N 770618 |
|
|
II |
07/29/01 |
120 |
|
N 773918 |
|
|
II |
08/03/01 |
120 |
|
N 774706 |
|
|
II |
08/25/01 |
120 |
|
N 777238 |
|
IC Oxycodone |
II |
10/08/00 |
100 |
|
N 738807 |
|
IC Oxycodone |
II |
10/16/00 |
120 |
|
N 739603 |
|
IC Oxycodone |
II |
11/03/00 |
120 |
|
N 741745 |
|
IC Oxycodone |
II |
12/14/00 |
120 |
|
N 746749 |
|
IC Oxycodone |
II |
04/21/01 |
100 |
|
N 762257 |
|
IC Oxycodone |
II |
06/29/01 |
120 |
|
N 770723 |
|
IC Oxycodone |
II |
08/25/01 |
100 |
|
N 777280 |
|
OxyContin 20mg |
II |
09/28/00 |
30 |
|
N 737728 |
|
OxyContin 20mg |
II |
10/30/00 |
30 |
|
N 741130 |
|
OxyContin 20mg |
II |
11/04/00 |
20 |
|
N 741925 |
|
OxyContin 20mg |
II |
11/30/00 |
30 |
|
N 744962 |
|
OxyContin 20mg |
II |
01/26/01 |
40 |
|
N 751627 |
|
OxyContin 20mg |
II |
02/09/01 |
60 |
|
N 753371 |
|
OxyContin 20mg |
II |
03/07/01 |
30 |
|
N 756556 |
|
OxyContin 20mg |
II |
06/15/01 |
60 |
|
N 769071 |
|
OxyContin 20mg |
II |
06/27/01 |
60 |
|
N 770390 |
|
OxyContin 20mg |
II |
08/05/01 |
60 |
|
N 774768 |
|
|
II |
04/18/01 |
120 |
|
N 761940 |
|
|
II |
06/11/01 |
120 |
|
N 768393 |
|
OxyContin 20mg |
II |
08/26/00 |
20 |
|
N 733991 |
|
OxyContin 20mg |
II |
12/07/00 |
60 |
|
N 745880 |
Such conduct violates Section 2913.02 of the Ohio Revised
Code.
(4) George L. Plataz did, on or about the following dates, knowingly
possess or use a controlled substance when not in accordance with Chapters
3719. and 4729. of the Ohio Revised Code, to wit:
|
Drug |
Schedule |
Date |
Quantity |
|
Rx # |
|
Dexedrine Spansules 15mg |
II |
09/26/98 |
50 |
|
N 659674 |
|
Dexedrine Spansules 15mg |
II |
11/02/98 |
50 |
|
N 663440 |
|
Dexedrine Spansules 15mg |
II |
12/01/98 |
50 |
|
N 666333 |
|
Dexedrine Spansules 15mg |
II |
01/02/99 |
50 |
|
N 669318 |
|
Dexedrine Spansules 15mg |
II |
02/11/99 |
49 |
|
N 673613 |
|
Dexedrine Spansules 15mg |
II |
02/27/99 |
50 |
|
N 675568 |
|
Dexedrine Spansules 15mg |
II |
04/11/99 |
50 |
|
N 680332 |
|
Dexedrine Spansules 15mg |
II |
06/05/99 |
50 |
|
N 686043 |
|
Dexedrine Spansules 15mg |
II |
07/02/99 |
50 |
|
N 688768 |
|
Dexedrine Spansules 15mg |
II |
08/13/99 |
50 |
|
N 692877 |
|
Dexedrine Spansules 15mg |
II |
08/14/00 |
24 |
|
N 732792 |
|
Dexedrine Spansules 15mg |
II |
08/22/00 |
24 |
|
N 733583 |
|
Dexedrine Spansules 15mg |
II |
10/21/00 |
30 |
|
N 740299 |
|
Dexedrine Spansules 15mg |
II |
12/11/00 |
30 |
|
N 746175 |
|
Dexedrine Spansules 15mg |
II |
02/23/01 |
30 |
|
N 755063 |
|
Dexedrine Spansules 15mg |
II |
06/15/01 |
36 |
|
N 768948 |
|
Dexedrine Spansules 15mg |
II |
08/01/01 |
36 |
|
N 774298 |
|
|
II |
08/22/00 |
120 |
|
N 733570 |
|
|
II |
02/27/99 |
100 |
|
N 675565 |
|
|
II |
06/05/99 |
90 |
|
N 686044 |
|
|
II |
08/27/99 |
120 |
|
N 694251 |
|
|
II |
10/20/00 |
100 |
|
N 740137 |
|
|
II |
11/30/00 |
120 |
|
N 744963 |
|
|
II |
12/26/00 |
100 |
|
N 747885 |
|
IC Oxycodone |
II |
01/12/01 |
120 |
|
N 749889 |
|
|
II |
02/23/01 |
100 |
|
N 755064 |
|
|
II |
03/07/01 |
100 |
|
N 756660 |
|
|
II |
06/29/01 |
120 |
|
N 770618 |
|
|
II |
07/29/01 |
120 |
|
N 773918 |
|
|
II |
08/03/01 |
120 |
|
N 774706 |
|
|
II |
08/25/01 |
120 |
|
N 777238 |
|
IC Oxycodone |
II |
10/08/00 |
100 |
|
N 738807 |
|
IC Oxycodone |
II |
10/16/00 |
120 |
|
N 739603 |
|
IC Oxycodone |
II |
11/03/00 |
120 |
|
N 741745 |
|
IC Oxycodone |
II |
12/14/00 |
120 |
|
N 746749 |
|
IC Oxycodone |
II |
04/21/01 |
100 |
|
N 762257 |
|
IC Oxycodone |
II |
06/29/01 |
120 |
|
N 770723 |
|
IC Oxycodone |
II |
08/25/01 |
100 |
|
N 777280 |
|
OxyContin 20mg |
II |
09/28/00 |
30 |
|
N 737728 |
|
OxyContin 20mg |
II |
10/30/00 |
30 |
|
N 741130 |
|
OxyContin 20mg |
II |
11/04/00 |
20 |
|
N 741925 |
|
OxyContin 20mg |
II |
11/30/00 |
30 |
|
N 744962 |
|
OxyContin 20mg |
II |
01/26/01 |
40 |
|
N 751627 |
|
OxyContin 20mg |
II |
02/09/01 |
60 |
|
N 753371 |
|
OxyContin 20 mg |
II |
03/07/01 |
30 |
|
N 756556 |
|
OxyContin 20mg |
II |
06/15/01 |
60 |
|
N 769071 |
|
OxyContin 20mg |
II |
06/27/01 |
60 |
|
N 770390 |
|
OxyContin 20mg |
II |
08/05/01 |
60 |
|
N 774768 |
|
|
II |
04/18/01 |
120 |
|
N 761940 |
|
|
II |
06/11/01 |
120 |
|
N 768393 |
|
OxyContin 20mg |
II |
08/26/00 |
20 |
|
N 733991 |
|
OxyContin 20mg |
II |
12/07/00 |
60 |
|
N 745880 |
Such conduct violates Section 2925.11 of the Ohio Revised
Code.
(5) George L. Plataz did, on or about the following dates,
intentionally make, utter, or sell, or knowingly possess false or forged
prescriptions, to wit: when stealing drugs and/or trafficking in drugs, George
L. Plataz created the following prescriptions to cover for his theft of drugs:
|
Drug |
Schedule |
Date |
Quantity |
|
Rx # |
|
Dexedrine Spansules 15mg |
II |
09/26/98 |
50 |
|
N 659674 |
|
Dexedrine Spansules 15mg |
II |
11/02/98 |
50 |
|
N 663440 |
|
Dexedrine Spansules 15mg |
II |
12/01/98 |
50 |
|
N 666333 |
|
Dexedrine Spansules 15mg |
II |
01/02/99 |
50 |
|
N 669318 |
|
Dexedrine Spansules 15mg |
II |
02/11/99 |
49 |
|
N 673613 |
|
|
II |
02/27/99 |
100 |
|
N 675565 |
|
Dexedrine Spansules 15mg |
II |
02/27/99 |
50 |
|
N 675568 |
|
Dexedrine Spansules 15mg |
II |
04/11/99 |
50 |
|
N 680332 |
|
Dexedrine
Spansules 15mg |
II |
06/05/99 |
50 |
|
N 686043 |
|
|
II |
06/05/99 |
90 |
|
N 686044 |
|
Dexedrine Spansules 15mg |
II |
07/02/99 |
50 |
|
N 688768 |
|
Dexedrine Spansules 15mg |
II |
08/13/99 |
50 |
|
N 692877 |
|
|
II |
08/27/99 |
120 |
|
N 694251 |
|
Dexedrine Spansules 15mg |
II |
08/14/00 |
24 |
|
N 732792 |
|
|
II |
08/22/00 |
120 |
|
N 733570 |
|
Dexedrine Spansules 15mg |
II |
08/22/00 |
24 |
|
N 733583 |
|
OxyContin 20mg |
II |
09/28/00 |
30 |
|
N 737728 |
|
IC Oxycodone |
II |
10/08/00 |
100 |
|
N 738807 |
|
IC Oxycodone |
II |
10/16/00 |
120 |
|
N 739603 |
|
|
II |
10/20/00 |
100 |
|
N 740137 |
|
Dexedrine Spansules 15mg |
II |
10/21/00 |
30 |
|
N 740299 |
|
OxyContin 20mg |
II |
10/30/00 |
30 |
|
N 741130 |
|
IC Oxycodone |
II |
11/03/00 |
120 |
|
N 741745 |
|
OxyContin 20mg |
II |
11/04/00 |
20 |
|
N 741925 |
|
OxyContin 20mg |
II |
11/30/00 |
30 |
|
N 744962 |
|
|
II |
11/30/00 |
120 |
|
N 744963 |
|
Dexedrine Spansules 15mg |
II |
12/11/00 |
30 |
|
N 746175 |
|
IC Oxycodone |
II |
12/14/00 |
120 |
|
N 746749 |
|
|
II |
12/26/00 |
100 |
|
N 747885 |
|
IC Oxycodone |
II |
01/12/01 |
120 |
|
N 749889 |
|
OxyContin 20mg |
II |
01/26/01 |
40 |
|
N 751627 |
|
OxyContin 20mg |
II |
02/09/01 |
60 |
|
N 753371 |
|
Dexedrine Spansules 15mg |
II |
02/23/01 |
30 |
|
N 755063 |
|
|
II |
02/23/01 |
100 |
|
N 755064 |
|
OxyContin 20mg |
II |
03/07/01 |
30 |
|
N 756556 |
|
|
II |
03/07/01 |
100 |
|
N 756660 |
|
IC Oxycodone |
II |
04/21/01 |
100 |
|
N 762257 |
|
Dexedrine Spansules 15mg |
II |
06/15/01 |
36 |
|
N 768948 |
|
OxyContin 20mg |
II |
06/15/01 |
60 |
|
N 769071 |
|
OxyContin 20mg |
II |
06/27/01 |
60 |
|
N 770390 |
|
|
II |
06/29/01 |
120 |
|
N 770618 |
|
IC Oxycodone |
II |
06/29/01 |
120 |
|
N 770723 |
|
|
II |
07/29/01 |
120 |
|
N 773918 |
|
Dexedrine Spansules 15mg |
II |
08/01/01 |
36 |
|
N 774298 |
|
|
II |
08/03/01 |
120 |
|
N 774706 |
|
OxyContin 20mg |
II |
08/05/01 |
60 |
|
N 774768 |
|
|
II |
08/25/01 |
120 |
|
N 777238 |
|
IC Oxycodone |
II |
08/25/01 |
100 |
|
N 777280 |
|
|
II |
04/18/01 |
120 |
|
N 761940 |
|
|
II |
06/11/01 |
120 |
|
N 768393 |
|
OxyContin 20mg |
II |
08/26/00 |
20 |
|
N 733991 |
|
OxyContin 20mg |
II |
12/07/00 |
60 |
|
N 745880 |
Such conduct violates Section 2925.23(B) of the Ohio Revised
Code.
(6) George L. Plataz did, on or about the following dates, knowing
he had no privilege to do so, and with purpose to defraud or knowing that he
was facilitating a fraud, falsify writing, data, or record, to wit:
|
Patient |
Drug |
Schedule |
Date |
Quantity |
Rx # |
|
A |
|
II |
02/27/99 |
100 |
N 675565 |
|
A |
|
II |
06/05/99 |
90 |
N 686044 |
|
A |
|
II |
08/27/99 |
120 |
N 694251 |
|
A |
OxyContin 20mg |
II |
11/04/00 |
20 |
N 741925 |
|
A |
IC Oxycodone |
II |
12/14/00 |
120 |
N 746749 |
|
A |
OxyContin
20mg |
II |
01/26/01 |
40 |
N 751627 |
|
A |
OxyContin 20mg |
II |
03/07/01 |
30 |
N 756556 |
|
A |
IC Oxycodone |
II |
06/29/01 |
120 |
N 770723 |
|
A |
OxyContin 20mg |
II |
08/05/01 |
60 |
N 774768 |
|
A |
|
II |
08/25/01 |
120 |
N 777238 |
|
B |
|
II |
10/20/00 |
100 |
N 740137 |
|
B |
IC Oxycodone |
II |
08/25/01 |
100 |
N 777280 |
|
C |
OxyContin 20mg |
II |
09/28/00 |
30 |
N 737728 |
|
C |
IC Oxycodone |
II |
10/16/00 |
120 |
N 739603 |
|
C |
OxyContin 20mg |
II |
10/30/00 |
30 |
N 741130 |
|
C |
OxyContin 20mg |
II |
11/30/00 |
30 |
N 744962 |
|
C |
|
II |
12/26/00 |
100 |
N 747885 |
|
C |
OxyContin 20mg |
II |
02/09/01 |
60 |
N 753371 |
|
C |
|
II |
03/07/01 |
100 |
N 756660 |
|
C |
OxyContin 20mg |
II |
06/27/01 |
60 |
N 770390 |
|
C |
|
II |
07/29/01 |
120 |
N 773918 |
|
D |
|
II |
08/22/00 |
120 |
N 733570 |
|
D |
IC Oxycodone |
II |
10/08/00 |
100 |
N 738807 |
|
D |
IC Oxycodone |
II |
11/03/00 |
120 |
N 741745 |
|
D |
|
II |
11/30/00 |
120 |
N 744963 |
|
D |
IC Oxycodone |
II |
01/12/01 |
120 |
N 749889 |
|
D |
|
II |
02/23/01 |
100 |
N 755064 |
|
D |
IC Oxycodone |
II |
04/21/01 |
100 |
N 762257 |
|
D |
OxyContin 20mg |
II |
06/15/01 |
60 |
N 769071 |
|
D |
|
II |
06/29/01 |
120 |
N 770618 |
|
D |
|
II |
08/03/01 |
120 |
N 774706 |
|
E |
Dexedrine Spansules 15mg |
II |
09/26/98 |
50 |
N 659674 |
|
E |
Dexedrine Spansules 15mg |
II |
11/02/98 |
50 |
N 663440 |
|
E |
Dexedrine Spansules 15mg |
II |
12/01/98 |
50 |
N 666333 |
|
E |
Dexedrine Spansules 15mg |
II |
01/02/99 |
50 |
N 669318 |
|
E |
Dexedrine Spansules 15mg |
II |
02/11/99 |
49 |
N 673613 |
|
E |
Dexedrine Spansules 15mg |
II |
02/27/99 |
50 |
N 675568 |
|
E |
Dexedrine Spansules 15mg |
II |
04/11/99 |
50 |
N 680332 |
|
E |
Dexedrine Spansules 15mg |
II |
06/05/99 |
50 |
N 686043 |
|
E |
Dexedrine Spansules 15mg |
II |
07/02/99 |
50 |
N 688768 |
|
E |
Dexedrine Spansules 15mg |
II |
08/13/99 |
50 |
N 692877 |
|
E |
Dexedrine Spansules 15mg |
II |
08/14/00 |
24 |
N 732792 |
|
E |
Dexedrine Spansules 15mg |
II |
08/22/00 |
24 |
N 733583 |
|
E |
Dexedrine Spansules 15mg |
II |
10/21/00 |
30 |
N 740299 |
|
E |
Dexedrine Spansules 15mg |
II |
12/11/00 |
30 |
N 746175 |
|
E |
Dexedrine Spansules 15mg |
II |
02/23/01 |
30 |
N 755063 |
|
E |
Dexedrine Spansules 15mg |
II |
06/15/01 |
36 |
N 768948 |
|
E |
Dexedrine Spansules 15mg |
II |
08/01/01 |
36 |
N 774298 |
|
C |
|
II |
04/18/01 |
120 |
N 761940 |
|
C |
|
II |
06/11/01 |
120 |
N 768393 |
|
B |
OxyContin 20mg |
II |
08/26/00 |
20 |
N 733991 |
|
B |
OxyContin 20mg |
II |
12/07/00 |
60 |
N 745880 |
Such conduct violates Section 2913.42 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 (3) through (6) 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 (6) 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) and (5) 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
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
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. 03-03-2-11512, held by
(A)
(B)
Further, after one year from the effective date of
this Order, the Board will consider any petition filed by
(A) George L. Plataz 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) George L. Plataz 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) George L. Plataz must provide, at the
reinstatement petition hearing, documentation of the following:
(1) 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.);
(2) 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;
(3) Compliance with the terms of this Order.
(D) If reinstatement is not accomplished within three years of the
effective date 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
RES. 2002-118
OORDER OF THE STATE BOARD OF PHARMACY
(Docket
No. D-010529-069)
In
The Matter Of:
(R.Ph. No. 03-3-18617)
INTRODUCTION
THE MATTER OF STEVEN J. BROWNSBERGER CAME FOR
HEARING ON JANUARY 8, 2002, 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.; AND JAMES E. TURNER, R.Ph.
SUMMARY
OF EVIDENCE
(A) Testimony
State's Witnesses:
(1) None
Respondent's Witnesses:
(1)
(2)
(B) Exhibits
State's Exhibits:
(1) Exhibit 1
(2) Exhibit 1A--Copy of two-page Hearing Schedule letter dated May
29, 2001.
(3) Exhibit 1B--Copy of
(4) Exhibit 1C--Copy of Ohio Pharmacist File Front Sheet of Steven
J. Brownsberger showing original date of registration as October 26, 1990; Copy
of two-page Renewal Application For Pharmacist License No. 03-3-18617 for a
license to practice pharmacy in Ohio from September 15, 1999 to September 15,
2000 by Steven J. Brownsberger dated July 21, 1999.
(5) Exhibit 2
(6) Exhibit 2A
(7) Exhibit 2B--Copy of Ohio State Board of Pharmacy Release Form
from
(8) Exhibit 3
(9) Exhibit 4
(10) Exhibit 5
(11) Exhibit 6
(12) Exhibit 7
(13) Exhibit 8
(14) Exhibit
9
(15) Exhibit 10
(16) Exhibit 11
(17) Exhibit 12
(18) Exhibit 13
(19) Exhibit 14
(20) Exhibit 15
(21) Exhibit 16
(22) Exhibit 17
(23) Exhibit 18--Copy of nine-page Order of the State Board Of
Pharmacy, Docket No. D-000208-044 in the matter of
(24) Exhibit 19
(25) Exhibit 20
(26) Exhibit 21
Respondent's Exhibits:
(1) Exhibit R1--Copy of ADDS Inc. Pharmacist Recovery Contract of
(2) Exhibit R2--Twenty pages of copies of drug screen reports for
samples collected from
(3) Exhibit R3--Fifteen pages of support group attendance records
of
(4) Exhibit R4—
John Brownsberger dated January 4, 2002; Michael Hill dated
January 5, 2002; Dale Anthony Foy dated January 1, 2001; Jennifer K. Pasadyn,
LSW dated January 2, 2002; Ken D. Kirstein, RN dated January 3, 2002; Diana B.
Young, LISW, LPCC, CCDC III-E dated December 10, 2001;
(5) Exhibit
R5--Twenty pages of copies of Continuing Pharmacy Education Certificates dated
from October 11, 1997 to January 3, 2002.
(6) Exhibit R6--Copy of newspaper article titled "Woman With
Warrants Arrested", The Plain Dealer, October 17, 2001; Copy of newspaper
article titled "Driver Flees Police, Causes Crash on Broadway, newspaper
not identified and not dated; Copy of four-page Medina City Police Department
Ohio Traffic Crash Report No. 01-032789 of Rebecca S. Nelson and Steven J.
Brownsberger dated October 15, 2001; and copy of two pages of CCC Information
Services, Inc. Nationwide Insurance Market Valuation Report of Steven
Brownsberger, Report Reference No. 28275957, dated October 16, 2001.
FINDING
OF FACT
After having heard the testimony, observed the
demeanor of the witnesses, considered
the evidence, and weighed the credibility of each, the State Board of
Pharmacy finds that
ACTION
OF THE BOARD
On the basis of the Finding of Fact set forth above,
the State Board of Pharmacy hereby denies the reinstatement petition of
Further, the Board will consider any petition
presented by
(A) Provides documentation of one year of continuous compliance with
the Board's July 17, 2000 Order (e.g.-copies of all monthly drug and alcohol
screen reports, support group meeting attendance records for at least three
times per week, treatment program reports, etc.);
(B) Demonstrates satisfactory proof that he is no longer addicted
to or abusing liquor or drugs or impaired physically or mentally to such a
degree as to render him unfit to practice pharmacy;
(C)
THIS
ORDER WAS APPROVED BY A VOTE OF THE STATE BOARD OF PHARMACY.
MOTION
CARRIED.
SO ORDERED
The motion was seconded by
4:08 p.m.
The meeting was recessed until Wednesday, January 9, 2002.
wednesday, january 9, 2002
8:00 a.m. ROLL CALL
The State Board of Pharmacy reconvened in Room 1919,
Ann D. Abele, R.Ph. (President); Diane C. Adelman, R.Ph. (Vice-President); Robert P. Giacalone, R.Ph.; Lawrence J. Kost, R.Ph.; Nathan S. Lipsyc, R.Ph.; and James E. Turner, R.Ph.
8:04 a.m.
Mr. Giacalone moved that the Board go into Executive Session for
the purpose of considering the appointment, employment, dismissal, discipline,
promotion, demotion, or compensation of a public employee or official and for
the investigation of complaints regarding licensees and registrants pursuant to
Section 121.22(G)(1) of the Revised Code.
The motion was seconded by
8:08 a.m.
8:12 a.m.
9:15 a.m.
RES. 2002-119 The Executive
Session ended and the meeting was opened to the public.
ORDER OF THE STATE BOARD OF PHARMACY
(Docket
No. D-010702-080)
In
The Matter Of:
(R.Ph. No. 03-3-18491)
INTRODUCTION
THE MATTER OF DAVID ANGELO PISHOTTI CAME FOR HEARING
ON JANUARY 7, 2002 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.; AND DOROTHY TEATER, PUBLIC MEMBER.
SUMMARY
OF EVIDENCE
(A) Testimony
State's Witnesses:
(1) None
Respondent's Witnesses:
(1)
(2)
(3)
(4)
(B) Exhibits
State's Exhibits:
(1) Exhibit 1--Hearing Request letter from
(2) Exhibit 1A--Copy of two-page Hearing Schedule letter dated June
25, 2001.
(3) Exhibit 1B--Copy of
(4) Exhibit 1C--Letter from
(5) Exhibit 2--Copy of six-page Order of the State Board Of
Pharmacy, Docket No. D-991103-029 in the matter of
(6) Exhibit 3--Copy of six-page Order of the
State Board Of Pharmacy, Docket No. D-980210-039 in the matter of
(7) Exhibit 4--Copy of two-page Youngstown Police Department Ohio
Uniform Incident Report, Incident No. 98-8347, of
(8) Exhibit 5--Copy of two-page Tri-State Laboratories, Inc. report
of drug screen results for urine sample of
(9) Exhibit 6--Copy of five-page Mahoning County Drug Task Force
Investigative Report re
(10) Exhibit 7--Copy of two-page CVS Voluntary Statement of David
Pishotti dated February 9, 1998.
(11) Exhibit 8--Copy of Mahoning County Drug Task Force Written
Statement of Marsha Vlosich dated July 23, 1998.
(12) Exhibit 9--Copy of CVS/REVCO #4154 Pharmacist’s Statement for
David Pishotti covering December 1, 1997 to February 3, 1998; Copy of two-page
Troutman Drug Co. Record of Prescriptions for Dave Pishotti covering January 1,
1997 to February 25, 1998.
(13) Exhibit 10--Copy of
(14) Exhibit 11--Copy of two-page Tri-State Laboratories, Inc. report
of drug examination results re
(15) Exhibit 12--Copy of Bill of Information, State of Ohio vs.
David Angelo Pishotti, Case No. 98-CR-377-A, Trumbull County Common Pleas
Court, not dated; Copy of pages 1, 2, 4,
and 5 of the Finding On Guilty Plea To Bill Of Information, State of Ohio
vs. David Angelo Pishotti, Case No. 98-CR-377-A, Trumbull County Common
Please Court, not signed or dated.
Respondent's Exhibits:
(1) Exhibit A--Copy of six-page Order of the State Board Of
Pharmacy, Docket No. D-991103-029 in the matter of
(2) Exhibit B1--Copy of North Park, Inc. contract of
(3) Exhibit B2--Copy of two-page PRO Inc. Pharmacist’s Recovery
Contract of David Pishotti dated March 20, 2000.
(4) Exhibit C--Copy of twenty-one drug screen reports for specimens
collected from David A. Pishotti from September 10, 1998 to March 30, 2000;
Copy of Page 5 of the Order of the Board to David Angelo Pishotti, R.Ph., not
dated; Copy of Giant Eagle Pharmacy #4051 Medical Expenses report for March 10,
2000 of David Pishotti dated April 21, 2000, and St. Joseph Family Medical
Center-Howland Urgent Care Center Homegoing Instructions sheet for David
Pishotti; Copy of nine drug screen reports for specimens collected from David
A. Pishotti from April 14, 1998 to November 26, 2001.
(5) Exhibit D--Letter from Earl Roman, Jr., CCDCI dated November 27,
2001; copy of letter from Susan D. Bancroft, M.S.Ed., LPCC, LSW, CCDCIII dated
April 28, 1999; Copy of North Park, Inc. Consent to Treatment/Consent for
Service of David Pishotti signed and dated April 20, 1999.
(6) Exhibit E--Copy of twenty-eight Support Group Attendance
Verification Sheets dated from July 9, 1998 through December 26, 2001.
(7) Exhibit F--Copy of twelve pages of
Treatment Program Notes dated from May 13, 1999 through October 2, 2001; Copy
of Transfer Summary of David Pishotti dated October 1, 2001; Copy of Treatment
Program Notes dated October 22, 2001.
(8) Exhibit G--Copy of three-page Online Test History for David
Pishotti of Total CE credits dated from February 24, 1999 to June 29, 2000;
Copy of four Continuing Pharmacy Education Certificates of David Pishotti
dated May 16, 1999, June 25, 1999, May 1, 2000, May 21, 2000, Copy of two-page
listing of Total CE credits showing no name dated from October 25, 2000 to
March 28, 2001; Copy of two Continuing Pharmacy Education Certificates of David
Pishotti dated February, 2001, and April 29, 2001.
(9) Exhibit H--Letter from
(10) Exhibit I--Letter from
(11) Exhibit J--Copies of eight letters from Carol M. Noble, R.Ph.
dated November 24, 2001, Robert J. Dougherty dated November 28, 2001, Jeffrey
Czuba dated November 29, 2001, Joseph C. Salmen dated December 10, 2001, Nick
S. dated December 10, 2001, David F. Merk dated December 11, 2001, David Baker
dated December 16, 2001 and Keith M. Wire, R.Ph. dated December 16, 2001.
(12) Exhibit K--Copy of Journal Entry, State of
(13) Exhibit L--Support Group Attendance Verification Sheet dated from
November 18, 2001 to January 6, 2002.
(14) Exhibit M--Two-page Bad Check Diversion Unit,
(15) Exhibit N-- Copy of letter from
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
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. 03-3-18491, held by David Angelo Pishotti to practice
pharmacy in the state of Ohio and places David Angelo Pishotti on probation for
five years from the date the identification card is issued, with the following
conditions:
(A) Every six months from the effective date of
this Order, for the term of probation, a written report must be provided by a
licensed psychiatrist or psychologist showing compliance with the treatment
plan for bipolar disorder as designed by that psychiatrist or psychologist.
(B) David Angelo Pishotti must enter into a contract, signed within
thirty days after the effective date of this Order, with an Ohio Department of
Alcohol and Drug Addiction Services (ODADAS) treatment provider or a treatment
provider acceptable to the Board for a period of not less than five years and
submit a copy of the signed contract to the Board office with the renewal
application. The contract must provide
that:
(1) Random, observed urine drug screens shall be conducted at least once
every three months.
(a) The
urine sample must be given within twelve hours of notification. The urine drug screen must include testing
for creatinine or specific gravity of the sample as the dilutional standard.
(b) Carisoprodol, meprobamate, phentermine, and alcohol must be
added to the standard urine drug screen.
A Breathalyzer may be used to test for alcohol, but an appropriately
certified individual must conduct the test within twelve hours of notification.
(c) Results
of all drug and alcohol screens must be negative. Any positive results, including those which
may have resulted from ingestion of food, but excluding false positives which
resulted from medication legitimately prescribed, indicates a violation of the
contract and probation.
(2) The intervener/sponsor shall provide copies of all drug screen
reports to the Board in a timely fashion.
(3) Attendance is required a minimum of three times per week at an
Alcoholics Anonymous, Narcotics Anonymous, and/or similar support group
meeting.
(4) The program shall immediately report to the Board any violations
of the contract and/or lack of cooperation.
(C) David Angelo Pishotti must submit quarterly progress reports to
the Board (due January 10, April 10, July 10, and October 10 of each year of
probation) that include:
(1) The written report and documentation provided by the treatment
program pursuant to the contract, and
(2) A written description of
(D) Other terms of probation are as follows:
(1) The State Board of Pharmacy hereby declares that David Angelo
Pishotti'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) David Angelo Pishotti may not serve as a responsible pharmacist.
(3) David Angelo Pishotti may not destroy, assist in, or witness the
destruction of controlled substances.
(4) David Angelo Pishotti must abide by the contract from the
treatment provider and any violation must be reported to the Board immediately.
(5) David Angelo Pishotti must not violate the drug laws of the
State of
(6) David Angelo Pishotti must abide by the rules of the State Board
of Pharmacy.
(7) David Angelo Pishotti 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
The Board took a brief recess.
9:34 a.m.
The Board was joined by
11:58 a.m.
The hearing ended and the record was closed. The Board recessed for lunch.
1:15 p.m.
The meeting resumed in Room 1919 with all members present
except
1:33 p.m.
The Board was joined by
5:15 p.m.
Ms. Eastman
moved that the Board go into Executive Session 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
5:40 p.m.
RES. 2002-120 The Executive
Session ended and the meeting was opened to the public. President
5:45 p.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
6:15 p.m.
RES. 2002-121 The Executive
Session ended and the meeting was opened to the public.
ORDER OF THE STATE BOARD OF PHARMACY
(Docket
No. D-010903-042 and D-010413-063)
In
The Matter Of:
(R.Ph. No. 03-1-22531)
INTRODUCTION
THE MATTER OF MICHELLE M. SOLNOSKY CAME FOR HEARING
ON JANUARY 9, 2002, 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.; AND JAMES
E. TURNER, R.Ph.
SUMMARY
OF EVIDENCE
(A) Testimony
State's Witnesses:
(1)
Respondent's Witnesses:
(1)
(B) Exhibits
State's Exhibits:
(1) Exhibit 1--Copy of five-page Notice of Opportunity for Hearing
letter dated March 9, 2001.
(2) Exhibit 1A--Hearing Request letter from
(3) Exhibit 1B--Copy of Hearing Schedule letter dated March 29,
2001.
(4) Exhibit 1C--Copy of three-page Summary Suspension/Notice of
Opportunity For Hearing letter dated April 13, 2001.
(5) Exhibit 1D--Copy of Ohio State Board Of Pharmacy Certificate Of
Mailing for
(6) Exhibit 1E--Copy of Letter of Representation from
(7) Exhibit 1F--Copy of Hearing Schedule letter dated June 20, 2001.
(8) Exhibit 1G--Copy of Ohio Pharmacist Computer Record of Michelle
Margaret Solnosky dated June 21, 2001.
(9) Exhibit 1H--Copy of Hearing Continuance Request letter from
(10) Exhibit 1K--Copy of Hearing Schedule letter dated August 21, 2001.
(11) Exhibit 2--Copy of thirty-two-page Ohio State Board of Pharmacy
Report Of Investigation, Regarding Michelle Margaret Solnosky dated November
21, 2000.
(12) Exhibit 3--Copy of Ohio State Board of Pharmacy Drug Audit
Accountability Sheet of Medic #709 for Alprazolam 0.25mg dated December 11,
2000.
(13) Exhibit 4--Copy of Ohio State Board of Pharmacy Drug Audit
Accountability Sheet of Medic #709 for Diazepam 10mg dated December 11, 2000.
(14) Exhibit 5--Copy of Ohio State Board of Pharmacy Drug Audit
Accountability Sheet of Medic #709 for Ambien 10mg dated December 12, 2000.
(15) Exhibit 6--Copy of Statement of Michelle A. Parrish notarized
November 15, 2000.
(16) Exhibit 7--Copy of Waiver Of Indictment With Counsel, State
of
(17) Exhibit 8--Copy of ten-page Information, State of Ohio vs.
Michelle M. Solnosky, Case No. 402372,
(18) Exhibit 9--Copy of Journal Entry, State of
Respondent's Exhibits:
(1) Exhibit A--Copy of Motion To Terminate Probation And/Or
Community Control, State of
(2) Exhibit B--Copy of Journal Entry, State of
(3) Exhibit C--Letter from
(4) Exhibit D--Letter from
(5) Exhibit E--Letter from
(6) Exhibit F--Copy of letter from
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
(2) Michelle M. Solnosky did, on or about February, 2000, with
purpose to deprive, knowingly obtain or exert control over dangerous drugs, the
property of Medic Discount Drug, beyond the express or implied consent of the
owner, to wit: Michelle M. Solnosky admittedly stole approximately 15 to 20
doses of Alprazolam 0.25mg, a Schedule IV controlled substance, for her
personal use without a prescription. Such
conduct is in violation of Section 2913.02 of the Ohio Revised Code.
(3) Michelle M. Solnosky did, on or about
August, 2000, through September, 2000, with purpose to deprive, knowingly
obtain or exert control over dangerous drugs, the property of Medic Discount
Drug , beyond the express or implied consent of the owner, to wit: Michelle M.
Solnosky admittedly stole approximately 20 doses of Diazepam 10mg, a Schedule
IV controlled substance, for her personal use without a prescription. Such conduct is in violation of Section
2913.02 of the Ohio Revised Code.
(4)
(5) Michelle M. Solnosky did, on or about March, 2000, with purpose
to deprive, knowingly obtain or exert control over dangerous drugs, the
property of Medic Discount Drug, beyond the express or implied consent of the
owner, to wit: Michelle M. Solnosky admittedly stole approximately 20 doses of
Sonata 10mg, a Schedule IV controlled substance, for her personal use without a
prescription. Such conduct is in
violation of Section 2913.02 of the Ohio Revised Code.
(6) Michelle
M. Solnosky did, on or about February, 2000, with purpose to deprive, knowingly
obtain or exert control over dangerous drugs, the property of Medic Discount
Drug, beyond the express or implied consent of the owner, to wit: Michelle M.
Solnosky admittedly stole approximately 20 doses of Ambien 10mg, a Schedule IV
controlled substance, for her personal use without a prescription. Such conduct is in violation of Section
2913.02 of the Ohio Revised Code.
(7) Michelle M. Solnosky did, on or about May, 1997, through
October, 2000, with purpose to deprive, knowingly obtain or exert control over
dangerous drugs, the property of Medic Discount Drug, beyond the express or
implied consent of the owner, to wit: Michelle M. Solnosky admittedly stole
approximately eight doses of Prilosec 20mg, a dangerous drug, for her personal
use without a prescription. Such conduct
is in violation of Section 2913.02 of the Ohio Revised Code.
(8) Michelle M. Solnosky did, on or about October, 1998, with
purpose to deprive, knowingly obtain or exert control over dangerous drugs, the
property of Medic Discount Drug, beyond
the express or implied consent of the owner, to wit: Michelle M. Solnosky
admittedly stole approximately two doses of Roxicet 5/325mg, a Schedule II
controlled substance, for her personal use without a prescription. Such conduct is in violation of Section
2913.02 of the Ohio Revised Code.
(9) Michelle M. Solnosky did, on or about May, 1997, through
October, 2000, knowingly use the property of Medic Discount Drug, without the
consent of the owner, to wit: Michelle M. Solnosky admittedly took Prilosec, a
dangerous drug, for her personal use from the drug stock of the pharmacy, yet
she replaced it the next day with Prilosec that was located at her residence
that had been dispensed to her. Such
conduct is in violation of Section 2913.04 of the Ohio Revised Code.
(10) Michelle M. Solnosky did, on or about October, 1998, knowingly use
the property of Medic Discount Drug, without the consent of the owner, to wit:
Michelle M. Solnosky admittedly took Roxicet 5/325mg, a Schedule II controlled substance,
for her personal use from the drug stock of the pharmacy, yet she replaced it
the next day with Roxicet that was located at her residence that had been
dispensed to her. Such conduct is in
violation of Section 2913.04 of the Ohio Revised Code.
(11)
(12)
(13)
CONCLUSIONS
OF LAW
(1) Upon consideration of the record as a whole, the State Board of
Pharmacy concludes that paragraphs (2) through (13) 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 (13)
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 paragraphs (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
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
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. 03-1-22531, held by
(A)
(B)
Further, after twelve months
from the effective date of this Order, the Board will consider any petition
filed by
(A)
(B)
(1) Compliance with the licensed psychiatrist's or psychologist's
recommended treatment plan;
(2) A report by the licensed psychiatrist or psychologist regarding
(3) Successful completion of the Multistate
Pharmacy Jurisprudence Examination, or an equivalent examination approved by
the Board. If
(4) 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;
(5) Compliance with the terms of this Order.
(C) If reinstatement is not accomplished within
three years of the effective date 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
RES. 2002-122
ORDER OF THE STATE BOARD OF PHARMACY
(Docket
No. D-010312-045)
In
The Matter Of:
CVS/PHARMACY #3131
c/o
(
INTRODUCTION
THE MATTER OF CVS/PHARMACY #3131 CAME FOR HEARING ON
JANUARY 7, 2002, 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.
CVS/PHARMACY #3131 WAS REPRESENTED BY
SUMMARY
OF EVIDENCE
(A) Testimony
State's Witnesses:
(1)
Respondent's Witnesses:
(1)
(2)
(3)
(B) Exhibits
State's Exhibits:
(1) Exhibit 1--Copy of four-page Notice of Opportunity for Hearing
letter dated March 12, 2001.
(2) Exhibit 1A--Copy of three-page letter from Richard Kolezynski,
R.Ph. dated March 20, 2000; Copy of three-page CVS/pharmacy "Explanation
of Corrective Action Taken Regarding Pink Slip Issued March 8, 2000"; Copy
of CVS/pharmacy "Explanation of Corrective Action Taken Regarding Pink
Slip Issued March 9, 2000"; Copies of two CVS/pharmacy Memos Re Pharmacy
Alarms dated March 20, 2000.
(3) Exhibit 1B--Copy of two-page letter from
(4) Exhibit 1C--Copy of Hearing Request letter
from
(5) Exhibit 1D--Copy of Hearing Schedule letter
dated April 5, 2001.
(6) Exhibit 1E--Two-page letter from
(7) Exhibit 1F--Copy of letter from
(8) Exhibit 1G--Copy of Hearing Schedule letter dated May 17, 2001.
(9) Exhibit 1H--Copy of Ohio Dangerous Drug Distributor Computer
Record of CVS/pharmacy #3131.
(10) Exhibit 1I--Notice of Appearance as Counsel letter from
(11) Exhibit 1J-- Copy of
(12) Exhibit 1K--Letter from
(13) Exhibit 1L--Letter from
(14) Exhibit 1M--Copy of Hearing Schedule letter dated November 8,
2001.
(15) Exhibit 2--Statement of Deborah Evilsizer notarized March 8, 2000.
(16) Exhibit 3--Two-page Statement of Deborah Evilsizer notarized March
21, 2000.
(17) Exhibit 4--Two-page Statement of Michael J. Kolpien notarized
March 8, 2000.
(18) Exhibit 5--
(19) Exhibit 6--
(20) Exhibit 7--Copy of three-page Dangerous Drug Distributor
Inspection Report for CVS/pharmacy #3131 dated March 8, 2000.
(21) Exhibit 8--Copy of three-page letter from Richard Kolezynski,
R.Ph. dated March 20, 2000; Copy of three-page CVS/pharmacy "Explanation
of Corrective Action Taken Regarding Pink Slip Issued March 8, 2000"; Copy
of CVS/pharmacy "Explanation of Corrective Action Taken Regarding Pink
Slip Issued March 9, 2000".
(22) Exhibit 9--Copy of Electronic Journal Report for RX Item
000018653603 dated March 9, 2000, with handwritten note and stickers for
Prescription 186536 dated March 7, 2000.
(23) Exhibit 10--Copy of CVS/REVCO #3131 Pharmacist's Statement
covering October 13, 1999 through March 13, 2000 dated March 13, 2000.
(24) Exhibit 11--Copy of Electronic Journal Report
for RX Item 000019223101 dated March 9, 2000, with handwritten note and
stickers for Prescription 192231 dated March 7, 2000.
(25) Exhibit 12-- Copy of CVS/REVCO #3131 Pharmacist's Statement
covering October 13, 1999 through March 13, 2000 dated March 13, 2000.
(26) Exhibit 13--Copy of Electronic Journal Report
for RX Items 000019114101, 000019002502, and 000019002702 dated March 9, 2000,
with handwritten note and stickers for Prescriptions 191141, 190025, and 190027
dated March 7, 2000.
(27) Exhibit 14--Copy of two-page CVS/REVCO #3131 Pharmacist's
Statement covering October 13, 1999 through March 13, 2000 dated March 13,
2000.
(28) Exhibit 15--Copy of Electronic Journal Report for RX Items
000019408500 and 000019408400 dated March 9, 2000, with handwritten note and
stickers for Prescriptions 194085 and 194084 dated March 7, 2000.
(29) Exhibit 16--Copy of four-page CVS/REVCO #3131 Pharmacist's
Statement covering October 13, 1999 through March 13, 2000 dated March 13,
2000.
(30) Exhibit 17--Copy of Electronic Journal Report
for RX Item 000019412200 dated March 9, 2000, with handwritten note and
stickers for Prescription 194122 dated March 7, 2000.
(31) Exhibit 18--Copy of two-page CVS/REVCO #3131 Pharmacist's
Statement covering October 13, 1999 through March 13, 2000 dated March 13,
2000.
(32) Exhibit 19--Copy of Electronic Journal Report for RX Item
000019412000 dated March 9, 2000, with handwritten note and stickers for
Prescription 194120 dated March 7, 2000.
(33) Exhibit 20--Copy of CVS/REVCO #3131 Pharmacist's Statement
covering October 13, 1999 through March 13, 2000 dated March 13, 2000.
(34) Exhibit 21--Copy of Electronic Journal Report for RX Items
000019408300 and 000019408200 dated March 9, 2000, with handwritten note and
stickers for Prescriptions 194083 and 194082 dated March 7, 2000.
(35) Exhibit 22--Copy of two-page CVS/REVCO #3131 Pharmacist's
Statement covering October 13, 1999 through March 13, 2000 dated March 13,
2000.
(36) Exhibit 23--Copy of Electronic Journal Report for RX Item
000018950702 dated March 9, 2000, with handwritten note and stickers for
Prescription 189507 dated March 7, 2000.
(37) Exhibit 24--Copy of CVS/REVCO #3131 Pharmacist's Statement
covering October 13, 1999 through March 13, 2000 dated March 13, 2000.
(38) Exhibit 25--Copy of Electronic Journal Report for RX Item
000019413800 dated March 9, 2000, with handwritten note and stickers for
Prescription 194138 dated March 7, 2000.
(39) Exhibit 26--Copy of CVS/REVCO #3131 Pharmacist's Statement
covering October 13, 1999 through March 13, 2000 dated March 13, 2000.
(40) Exhibit 27--Copy of Electronic Journal Report for RX Items
000018535504, 000018535304, and 000018535404 dated March 9, 2000, with
handwritten note and stickers for Prescriptions 185355, 185353, 185354 dated
March 7, 2000.
(41) Exhibit 28--Copy of two-page CVS/REVCO #3131 Pharmacist's
Statement covering October 13, 1999 through March 13, 2000 dated March 13,
2000.
(42) Exhibit 29--Envelope dated March 4, 2000 containing Front and
Pharmacy codes.
(43) Exhibit 30--Copy of Terminal Distributor
Notification of Change of Responsible Person form of
(44) Exhibit 31--Copy of Change of Employment form of
(45) Exhibit 32--Copy of Notification of Change of Responsible Person
form of
Respondent's Exhibits:
(1) Exhibit A--Copy of "Facts Regarding Store #3131 - Board of
Pharmacy Violation", not dated.
(2) Exhibit B--Copy of three-page CVS/pharmacy "Explanation of
Corrective Action Taken Regarding Pink Slip Issued March 8, 2000.
(3) Exhibit C--Copy of CVS/pharmacy "Explanation of Corrective
Action Taken Regarding Pink Slip Issued March 9, 2000".
(4) Exhibit D--Copy of two-page "Procedures for Closing a CVS
Pharmacy", not dated.
(5) Exhibit E--Copy of CVS/REVCO #3131 Dispensing Time Report for
March 8, 2000.
(6) Exhibit F--Copy of Coaching &
Counseling Form dated March 16, 2000.
(7) Exhibit G--Copy of Coaching &
Counseling Statement of Mike Kolpien dated March 17, 2000.
(8) Exhibit H--Copy of CVS/pharmacy Memo re Pharmacy Alarms-Pharmacy
Security Baseline Practices (State of
(9) Exhibit I--Copy of CVS/pharmacy Memo re Pharmacy Alarms-Pharmacy
Security Baseline Practice dated March 20, 2000.
(10) Exhibit J--Copy of “Urgent Message” to pharmacists from
(11) Exhibit K--Copy of eight-page CVS procedures titled, "Topic:
Pharmacy Access/Alarm", dated August 1998.
(12) Exhibit L--Copy of Personnel Change Of Status form of
(13) Exhibit M--Copy of two-page HRSA News Release titled "HHS
Report Finds Emerging Shortage of Licensed Pharmacists" dated December 12,
2000.
(14) Exhibit N--Copy of five-page Introduction and ninety-one-page
Report To Congress re "The Pharmacist Workforce: A Study of the Supply and
Demand for Pharmacists" made by the Department of Health and Human
Services/Health Resources and Services Administration/Bureau of Health
Professions dated December 2000.
(15) Exhibit O--Affidavit of Michael J. Kolpien notarized November 2,
2001 with attached copy of five-page handwritten statement of
(16) Exhibit P--Copy of CVS/pharmacy Memo re Pharmacy Alarm/Access
Baseline Practices 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
(2) CVS/pharmacy
#3131 did, on or about March 8, 2000, cease to satisfy the qualifications of a
terminal distributor of dangerous drugs set forth in Section 4729.55 of the
Ohio Revised Code, to wit: a pharmacist did not maintain supervision and control
over the possession and custody of the dangerous drugs; and adequate safeguards
were not assured to prevent the sale or other distribution of dangerous drugs
by persons other than a pharmacist or licensed health professional authorized
to prescribe drugs. On said date, a
Board agent observed activities, defined as the practice of pharmacy, occurring
when a pharmacist was not present in the store. Such conduct constitutes ceasing to satisfy
the qualifications of a terminal distributor within the meaning of Section
4729.57 of the Ohio Revised Code.
(3) CVS/pharmacy did, on or about March 8, 2000, permit persons not a
pharmacist or a pharmacy intern under the personal supervision of a pharmacist
to dispense or sell dangerous drugs or otherwise engage in the practice of pharmacy,
to wit: the following prescriptions were dispensed by non-pharmacists:
|
Prescription
# |
|
Drug |
|
Quantity |
|
185355 |
|
Prozac 20mg |
|
30 |
|
185354 |
|
Norvasc 5mg |
|
30 |
|
185353 |
|
Prinivil 40mg |
|
30 |
|
194138 |
|
Methotrexate 2.5mg |
|
12 |
|
189507 |
|
|
|
60 |
|
194083 |
|
Imdur
30mg |
|
34 |
|
194082 |
|
Coumadin
2.5mg |
|
50 |
|
194120 |
|
Diprolene
AF 0.05% |
|
15 |
|
194122 |
|
Prevacid
30mg |
|
30 |
|
194084 |
|
Warfarin
Sodium 2.5mg |
|
60 |
|
194085 |
|
Furosemide
40mg |
|
15 |
|
191141 |
|
Urex
1gm |
|
30 |
|
190025 |
|
Lorazepam
2mg |
|
90 |
|
190027 |
|
Nortriptyline
HCL |
|
60 |
|
192231 |
|
Clomiphene
Citrate 50mg |
|
5 |
|
186536 |
|
Hydrochlorothiazide
25mg |
|
30 |
Such conduct is in violation of Section 4729.28 of the Ohio
Revised Code.
(4) CVS/pharmacy did, on or about March 8, 2000, fail to offer or
otherwise perform patient counseling, to wit: when dispensing medications to
patients pursuant to the prescriptions listed in paragraph (3) above,
pharmacists were not available to offer patient counseling, to counsel
patients, or to document refusal. Such
conduct is in violation of Rule 4729-5-22 of the Ohio Administrative Code.
(5) CVS/pharmacy did, from January 31, 2000, through March 8, 2000,
fail to employ a pharmacist in full and actual charge of the pharmacy, to wit:
the pharmacy did not have a responsible pharmacist during this time
period. Such conduct is in violation of
Section 4729.27 of the Ohio Revised Code and Rule 4729-5-11 of the Ohio
Administrative Code.
(6) CVS/pharmacy did, from January 31, 2000, through March 8, 2000,
upon the change of the responsible pharmacist, fail to take a complete
inventory of all controlled substances on hand.
Such conduct is in violation of Rule 4729-5-11(C)(2) 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 (4) through (6) of the Findings of Fact constitute violating
any rule of the Board as provided in Division (A)(2) of Section 4729.57 of the
Ohio Revised Code.
(2) Upon consideration of the record as a
whole, the State Board of Pharmacy concludes that paragraphs (3) and (5) of
the Findings of Fact constitute violating the provisions of Chapter 4729. of
the Revised Code as provided in Division (A)(3) of Section 4729.57 of the
(3) Upon consideration of the record as a whole, the State Board of
Pharmacy concludes that paragraph (2) of the Findings of Fact constitutes
ceasing to satisfy the qualifications of a terminal distributor of dangerous
drugs as provided in Division (A)(7) of Section 4729.57 of the Ohio Revised
Code.
ACTION
OF THE BOARD
Pursuant to Section 4729.57
of the Ohio Revised Code, the State Board of Pharmacy takes the following
actions in the matter of CVS/pharmacy #3131:
(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 terminal distributor license, No. 02-0748850, held by CVS/pharmacy #3131
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 terminal distributor license, No. 02-0748850, held by CVS/pharmacy #3131
effective as of the date of the mailing of this Order.
(C) 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 terminal distributor license, No. 02-0748850, held by CVS/pharmacy #3131
effective as of the date of the mailing of this Order.
Pursuant to Section 4729.57
of the Ohio Revised Code, CVS/pharmacy #3131 must return the terminal
distributor license to the office of the State Board of Pharmacy within ten
days after receipt of this Order. The
license should be sent by certified mail, return receipt requested.
THIS
ORDER WAS APPROVED BY A VOTE OF THE STATE BOARD OF PHARMACY.
MOTION
CARRIED.
SO ORDERED.
The motion was seconded by
RES. 2002-123 Mr. Giacalone
then moved that, pursuant to Section 3719.121 of the Revised Code, the Board
summarily suspend the license to practice pharmacy belonging to Karen
Frederick, R.Ph. (03-1-17313) 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
6:25 p.m.
|
PER DIEM |
|
01/07 |
|
01/08 |
|
01/09 |
|
Total |
|
Abele |
|
1 |
|
1 |
|
1 |
|
3 |
|
Adelman |
|
1 |
|
1 |
|
1 |
|
3 |
|
Braylock |
|
1 |
|
1 |
|
1 |
|
3 |
|
|
|
1 |
|
1 |
|
1 |
|
3 |
|
Giacalone |
|
1 |
|
1 |
|
1 |
|
3 |
|
Lipsyc |
|
1 |
|
1 |
|
1 |
|
3 |
|
Kost |
|
1 |
|
1 |
|
1 |
|
3 |
|
Teater |
|
1 |
|
- |
|
- |
|
1 |
|
Turner |
|
1 |
|
1 |
|
1 |
|
3 |
The motion was seconded by
6:26 p.m.
|
THE BOARD APPROVED THESE MINUTES ON
JANUARY 8, 2002 |