RECORD OF THE PROCEEDINGS -- FEBRUARY 4, 5, 6, 2002

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

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

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

Minutes Of The Meeting

Ohio State Board of Pharmacy

February 4, 5, 6, 2002

MONDAY, February 4, 2002

8:11 a.m. ROLL CALL

The State Board of Pharmacy convened in Room West-B&C, 31st Floor, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with the following members present:

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

Also present were William T. Winsley, Executive Director; Timothy Benedict, Assistant Executive Director; William McMillen, Licensing Administrator; Mark Keeley, Legislative Affairs Administrator; David Rowland, Legal Affairs Administrator; Robert Cole, Compliance Supervisor; and Sally Ann Steuk, Assistant Attorney General.

8:12 a.m.

Mrs. Adelman moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code and for the purpose of conferring with an attorney for the Board regarding pending or imminent court action pursuant to Section 121.22(G)(3) of the Revised Code. The motion was seconded by Mr. Kost and a roll call vote was conducted by President Abele as follows: Adelman-Yes, Eastman-Yes, Giacalone-Yes, Lipsyc-Yes, Kost-Yes, and Turner-Yes.

8:29 a.m.

Mr. Braylock arrived and joined the Executive Session in progress.

10:37 a.m.

RES. 2002-124 The Executive Session ended and the meeting was opened to the public. Mr. Turner moved that the Board deny the request of Ronald Shimko (06-0-01518) for an early release from his Board-ordered probation. The motion was seconded by Mr. Kost and approved by the Board (Aye-6/Nay-0/Abstain-1[Braylock]).

RES. 2002-125 Mr. Kost then moved that the Board deny the settlement offer received in the matter of Charles R. Willson, R.Ph. The motion was seconded by Ms. Eastman and approved by the Board (Aye-6/Nay-1).

RES. 2002-126 Mr. Giacalone moved that the Board grant the continuance request received in the matter of Charles R. Willson, R.Ph. and that the hearing be held at a later date. This motion was seconded by Mr. Braylock and approved by the Board (Aye-6/Nay-1).

RES. 2002-127 Mr. Keeley presented the recommendations of the subcommittee formed to develop rules for the medical gases safety program pursuant to Senate Bill 117. After discussion, Mrs. Adelman moved that the following rules be approved for filing with the appropriate agencies in anticipation of a public hearing:

4729-21-04 Requirements for a cryogenic medical gases safety program.

(A) A medical gases safety program developed pursuant to section 4729.70 of the Revised Code shall meet at least the following requirements:

(1) The instructors shall have the appropriate education and experience to teach a program in medical gases safety.

(2) The program shall be presented to all individuals who fill, install, connect, or disconnect medical gases contained in cryogenic vessels that are portable and intended for use in administering direct treatment to one or more individuals.

(3) Successful participation and demonstrated competency in a program must be completed prior to an individual filling, installing, connecting, or disconnecting a medical gas contained within a cryogenic vessel.

(4) The program must include at least the following:

(a) The description of a cryogenic vessel including at least the following:

(i) Valve inlet and outlet connections.

(ii) Safety systems associated with each outlet.

(iii) Proper labeling.

(iv) Color coding.

(v) Gas identification.

(b) A review of each medical gas listed in division (C)(2) of section 4729.70 of the Revised Code that may be contained in a cryogenic vessel including at least the following:

(i) A description of the properties of the gas and liquid.

(ii) The precautions and warnings associated with the gas and liquid.

(iii) What to do when there is an exposure to the gas or liquid.

(iv) What to do in an emergency hazardous material situation with the gas or liquid.

(i) Connecting and disconnecting supply lines.

(ii) Recognizing silver-brazed fittings or other acceptable mechanical means that make the connection a permanent and integral part of the valve.

(iii) Recognizing that changing or adapting the fittings for another gas service is strictly prohibited unless pursuant to rule 4729-21-05 of the Administrative Code.

(iv) Recognizing the appropriate devices through which medical gases are delivered from cryogenic vessels.

(v) Detecting and reporting leaks.

(vi) Transporting cryogenic vessels appropriately within a facility.

(vii) Appropriate storage of cryogenic vessels.

(B) The program instructor must document the participation of an individual in a medical gases safety program. The documentation must be maintained by the individual’s employer for a period of at least three years and made available, upon request, to those business entities receiving service and to the state board of pharmacy.

(C) Individuals who install, connect, or disconnect medical gases from cryogenic vessels must attend a medical gases safety program at least once every two years.

4729-21-05 Modifying cryogenic vessels, connections, adaptors, and valves.

(A) No person shall modify a cryogenic vessel, connection, or valve or adapt a connection for another gas service pursuant to division (D) of section 4729.70 of the Revised Code.

(B) Paragraph (A) of this rule does not apply to an employee or agent of a firm owning the cryogenic vessel and is charged with the responsibility of conducting applicable vessel maintenance, changing service from one medical gas to another, or bringing a vessel into compliance with section 4729.70 of the Revised Code.

(1) Such employee or agent shall meet at least the following requirements:

(a) Successful completion of a medical gases safety program pursuant to rule 4729-21-04 of the Administrative Code.

(b) Successful participation and demonstrated competency in a cryogenic vessel modification program administered by an instructor with the appropriate education and experience. The program must be based on written and validated procedures. The employee or agent must participate in the program annually and it must include at least the following procedures:

(i) Removing, adding, or adapting cryogenic vessel connections and valves.

(ii) Modifying cryogenic vessels.

(iii) Conducting cryogenic vessel maintenance.

(iv) Changing the cryogenic vessel from one medical gas to another.

(v) Bringing a cryogenic vessel into compliance with section 4729.70 of the Revised Code.

(vi) Silver brazing or welding techniques and certification of the individual if applicable.

(vii) Removing and adding suitable mechanical means to make a connection a permanent and integral part of the valve.

(2) The employer must document the successful participation and demonstrated competency of an employee or agent in a cryogenic vessel modification program. The documentation must be maintained by the employer for a period of at least three years and made available, upon request, to those business entities receiving service and to the state board of pharmacy.

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

10:53 a.m.

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

12:20 p.m.

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

1:20 p.m.

The Board meeting resumed in Room West-B&C, 31st Floor, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with the following members present:

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

Mr. Winsley distributed a letter from Michael Moné, Executive Director of the Kentucky Board of Pharmacy announcing his candidacy for a seat on the NABP Executive Committee. No action by the Board was required.

RES. 2002-128 Mr. Keeley presented a request for approval of a pharmacist immunization certificate course from the University of Cincinnati. After discussion, Mr. Turner moved that the certificate course be approved by the Board. The motion was seconded by Mr. Lipsyc and approved by the Board (Aye-7/Nay-0).

RES. 2002-129 Mr. McMillen then presented a request from Visiting Nurses Service and Affiliates of Akron, Ohio for approval as a provider of continuing pharmacy education. After discussion, Mr. Lipsyc moved that the Board approve them as a provider of continuing pharmacy education. The motion was seconded by Mr. Braylock and approved by the Board (Aye-7/Nay-0).

Mr. Winsley reminded the Board members that the Financial Disclosure statements were due to be filed in April. Board members were reminded to return their Disclosure statements to the Board office rather than sending them directly to the Ethics Commission.

The Board next considered a request from A4 Health Systems for approval of their electronic prescription transmission system. After discussion, the request was tabled to allow Board staff to obtain additional information.

Ms. Abele reported on the last meeting of the Nursing Board Formulary Committee.

Mr. Kost gave his report on the activities of the Nursing Board's Committee on Prescriptive Governance.

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

Mr. Keeley discussed his legislative report with the Board. There were no items requiring official action by the Board.

3:02 p.m.

The Board took a brief recess.

3:20 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 Mr. Giacalone and a roll call vote was conducted by President Abele as follows: Adelman-Yes, Braylock-Yes, Eastman-Yes, Giacalone-Yes, Lipsyc-Yes, Kost-Yes, and Turner-Yes.

3:40 p.m.

RES. 2002-130 The Executive Session ended and the meeting was opened to the public. Mr. Turner moved that the Board deny the second settlement offer that had just been received in the matter of Charles R. Willson, R.Ph. The motion was seconded by Mr. Kost and approved by the Board (Aye-7/Nay-0).

3:45 p.m.

The meeting was recessed until Tuesday, February 5, 2002.

tuesday, February 5, 2002

9:00 a.m. ROLL CALL

The State Board of Pharmacy reconvened in Room West-B&C, 31st Floor, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with the following members present:

9:18 a.m.

After a discussion of the draft minutes from the January, 2002 meeting, Mrs. Adelman moved that the minutes be approved as amended. The motion was seconded by Mr. Lipsyc and approved by the Board (Aye-7/Nay-0).

Mr. McMillen discussed his licensing report with the Board. There were no matters requiring official Board action.

RES. 2002-131 The Board then reviewed the continuing education program that was submitted for their approval as part of the settlement agreements with Marion A. Szczechowski (03-1-11008) and Anthony Ajegba (06-0-02011). After discussion, Ms. Eastman moved that the Board approve this program as meeting the requirements set forth in the settlement agreements. The motion was seconded by Mr. Lipsyc and approved by the Board (Aye-7/Nay-0).

9:42 a.m.

The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of conducting an adjudication hearing in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of Robert A. Berkowitz, R.Ph., Lyndhurst. Mr. Turner and Mr. Lipsyc recused themselves from the hearing.

12:14 p.m.

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

1:00 p.m.

The Board convened in Room 1948, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio, for the purpose of meeting with the candidates for licensure by reciprocity with the following members present:

RES. 2002-132 Following presentations by Board members and self-introductions by the candidates for licensure by reciprocity, Mr. Giacalone moved that the Board approve the following candidates for licensure. The motion was seconded by Mrs. Adelman and approved by the Board (Aye-7/Nay-0).

JOSE M. AWAIS	MASSACHUSETTS
JOHN WARREN DEJONG	MICHIGAN
BARBARA KRYSTINE GIACALONE	ILLINOIS
KEVIN SAMUEL GIERLACH	PENNSYLVANIA
JULIE KAY HOLTZLANDER	MICHIGAN
KEVIN PATRICK MCGRATH	PENNSYLVANIA
HEATHER LEE PASQUALE	NEW YORK
MARY ANN POPOVICH	WEST VIRGINIA
DEBORAH ANN SCHMIDT	WISCONSIN
DANNY L. SLUSHER	INDIANA
JOHN R. ZEVZAVADJIAN	RHODE ISLAND

1:25 p.m.

The Board reconvened in Room West-B&C on the 31st Floor to continue the Board meeting.

1:42 p.m.

2:25 p.m.

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

2:45 p.m.

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

3:09 p.m.

RES. 2002-133 The Executive Session ended and the meeting was opened to the public. Ms. Eastman moved that the Board issue the following Order in the matter of John H. Keyser, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-011108-018)

In The Matter Of:

JOHN H. KEYSER, R.Ph.

9701 Cooper Lane

Cincinnati, Ohio 45242-7005

(R.Ph. No. 03-1-12366)

INTRODUCTION

THE MATTER OF JOHN H. KEYSER CAME FOR HEARING ON FEBRUARY 5, 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.

JOHN H. KEYSER WAS NOT REPRESENTED BY COUNSEL AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

(A) Testimony

State's Witnesses:

(1) None

Respondent's Witnesses:

(1) John H. Keyser, R.Ph., Respondent

(2) Wayne Miller, R.Ph.

(B) Exhibits

State's Exhibits:

(1) Exhibit 1--Hearing Request letter from John H. Keyser, R.Ph. dated November 1, 2000.

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

(3) Exhibit 1B--Hearing Request letter from John H. Keyser, R.Ph. dated March 29, 2001.

(4) Exhibit 1C--Copy of two-page Failure To Meet Requirements of Board Order letter to John H. Keyser, R.Ph. dated April 4, 2001.

(5) Exhibit 1D--Letter from John H. Keyser, R.Ph. dated May 10, 2001.

(6) Exhibit 1E--Copy of two-page Hearing Schedule letter dated May 22, 2001.

(7) Exhibit 1F--Copy of Ohio Pharmacist Computer Record of John H. Keyser.

(8) Exhibit 1G--Hearing Request letter from John H. Keyser, R.Ph. dated November 7, 2001.

(9) Exhibit 1H--Copy of two-page Hearing Schedule letter dated November 8, 2001.

(10) Exhibit 2--Copy of five-page Order of the State Board of Pharmacy, Docket No. D-950426-048 in the matter of John H. Keyser, R.Ph. dated March 15, 1996.

(11) Exhibit 3--Copy of Statement of R. Brian McDonald, R.Ph. notarized May 8, 1995.

(12) Exhibit 4--Copy of Statement of Steve Shepherd notarized May 11, 1995.

(13) Exhibit 5--Copy of Statement of Jerome R. Rega notarized July 13, 1995.

(14) Exhibit 6--Copy of thirty-six-page Transcript of Interview of John Keyser, R.Ph. taken March 21, 1995.

Respondent's Exhibits:

(1) Exhibit A1--Letter from Donald P. Rakel, M.D. dated January 26, 2002; Letter from Nolan Weinberg, M.D. dated January 27, 2002; Two-page letter from David W. Baker dated January 23, 2002; Letter from Elizabeth Murcia, R.Ph. dated January 20, 2002; and letter from Marcia L. Aschendorf, NMD, DC, DM, DR dated January 25, 2002.

(2) Exhibit A2--Four pages of Bethesda Hospital records of John H. Keyser dated from June 12, 1995 to November 27, 1996; Copy of "Entry Granting Motion To Dismiss And Seal Record", State of Ohio vs. John Keyser, Case No. B953603, Hamilton County Common Pleas Court, dated May 13, 1997.

(3) Exhibit A3--Copies of seventy-five pages of drug screen reports and chain of custody forms for specimens collected from John H. Keyser from April 18, 2000 to January 28, 2002.

(4) Exhibit A4--Copies of one hundred five pages of support group attendance records dated from February 15, 2000 to January 31, 2001.

(5) Exhibit A5--Copy of two-page Continuing Education Summary for John H. Keyser, R.Ph.; and seventy-one pages of continuing pharmacy education participation dated from March 14, 2000 to September 9, 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 John H. Keyser has complied with the terms set forth in the Order of the State Board of Pharmacy, Docket No. D-950426-048, effective March 15, 1996.

ACTION OF THE BOARD

On the basis of the Finding of Fact set forth above, the State Board of Pharmacy hereby approves the reinstatement of the pharmacist identification card, No. 03-1-12366, held by John H. Keyser to practice pharmacy in the state of Ohio and places John H. Keyser on probation for five years from the date the identification card is issued, with the following conditions:

(A) John H. Keyser 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 each month for the first twelve months and then at least once every three months for the remaining four years.

(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 and probation.

(2) The intervener/sponsor shall provide copies of all drug screen reports to the Board in a timely fashion.

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

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

(B) John H. Keyser must submit quarterly progress reports to the Board (due January 10, April 10, July 10, and October 10 of each year of probation) that include:

(1) The written report and documentation provided by the treatment program pursuant to the contract, and

(2) A written description of John H. Keyser's progress towards recovery and what Mr. Keyser has been doing during the previous three months.

(1) The State Board of Pharmacy hereby declares that John H. Keyser's pharmacist identification card is not in good standing and thereby denies the privilege of being a preceptor and training pharmacy interns pursuant to paragraph (D)(1) of Rule 4729-3-01 of the Ohio Administrative Code.

(2) John H. Keyser may not serve as a responsible pharmacist.

(3) John H. Keyser must work with another pharmacist for one year from the effective date of this Order.

(4) John H. Keyser may not work in a pharmacy more than forty-four hours per week for a period of two years from the effective date of this Order.

(5) John H. Keyser may not destroy, assist in, or witness the destruction of controlled substances.

(6) John H. Keyser must abide by the contract from the treatment provider and any violation must be reported to the Board immediately.

(7) John H. Keyser must not violate the drug laws of the State of Ohio, any other state, or the federal government.

(8) John H. Keyser must abide by the rules of the State Board of Pharmacy.

(9) John H. Keyser must comply with the terms of this Order.

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

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

MOTION CARRIED.

SO ORDERED.

The motion was seconded by Mrs. Adelman and approved by the Board (Aye-6/Nay-1).

3:12 p.m.

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

4:20 p.m.

RES. 2002-134 The Executive Session ended and the meeting was opened to the public. Mrs. Adelman moved that the Board issue the following Order in the matter of Robert A. Berkowitz, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-011205-022)

In The Matter Of:

ROBERT A. BERKOWITZ, R.Ph.

5529 Kilbourne Drive

Lyndhurst, Ohio 44124

(R.Ph. No. 03-2-08019)

INTRODUCTION

THE MATTER OF ROBERT A. BERKOWITZ CAME FOR HEARING ON FEBRUARY 5, 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.; and LAWRENCE J. KOST, R.Ph.

ROBERT A. BERKOWITZ WAS REPRESENTED BY DR. JOHN R. IRWIN AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

(A) Testimony

State's Witnesses:

(1) Mark Kabat, Ohio State Board of Pharmacy

Respondent's Witnesses:

(1) Robert A. Berkowitz, R.Ph., Respondent

(B) Exhibits

State's Exhibits:

(1) Exhibit 1--Copy of six-page Summary Suspension Order/Notice of Opportunity for Hearing letter dated December 5, 2001.

(2) Exhibit 1A--Hearing Request letter from John R. Irwin, M.D. dated December 14, 2001; Copy of two-page Notice of Appearance letter from John R. Irwin, M.D. dated December 14, 2001.

(3) Exhibit 1B--Copy of Hearing Schedule letter dated December 18, 2001.

(4) Exhibit 1C--Copy of Ohio Pharmacist Computer Record of Robert A. Berkowitz.

(5) Exhibit 2--Copy of Statement of Robert Berkowitz dated April 16, 2001.

(6) Exhibit 3--Statement of Robert Berkowitz notarized June 6, 2001.

(7) Exhibit 4--Statement of Robert Berkowitz notarized June 11, 2001.

(8) Exhibit 5--Statement of Frank Kisley notarized May 14, 2001.

(9) Exhibit 6--Three-page Statement of George Swisher notarized May 1, 2001.

(10) Exhibit 7--Statement of Ziad Mazloum notarized May 1, 2001.

(11) Exhibit 8--Two-page Statement of Cheryl A. Palmer notarized June 28, 2001.

(12) Exhibit 9--Statement of Donna Wagasky notarized June 28, 2001.

(13) Exhibit 10--Statement of Jill Lipcsik notarized June 28, 2001.

(14) Exhibit 11--Copy of pages 2 through 13 of Prescription Register of CVS Pharmacy #7372 for October 23, 2000.

(15) Exhibit 12--Copy of Third Party/Consultation Log of CVS Pharmacy #7372, with stickers dated October 21, 2000 and October 23, 2000.

(16) Exhibit 13--Copy of Computer Printout for Refills for Prescription 195680.

(17) Exhibit 14--Prescription 9100558 for Sandra Berkowitz dated April 12, 2000, and sticker for Prescription 186965 for Sandra Berkowitz dated June 26, 2000.

(18) Exhibit 15--Copy of two-page Pharmacist’s Statement of CVS Pharmacy #7372 for Sandra Berkowitz from January 1, 1998 to May 2, 2001.

(19) Exhibit 16--Prescription 9100559 for Sandra Berkowitz dated April 12, 2000; and sticker for Prescription 186963 for Sandra Berkowitz dated June 26, 2000.

(20) Exhibit 17--Two-page Third Party/Consultation Log of CVS Pharmacy #7372 dated June 26, 2000.

(21) Exhibit 18--Prescription 9100560 for Sandra Berkowitz dated April 12, 2000; and sticker for Prescription 186964 for Sandra Berkowitz dated June 26, 2000.

(22) Exhibit 19--Prescription 182791 for Sandra Berkowitz dated April 19, 2000.

(23) Exhibit 20--Prescription 171533 for Sandra Berkowitz dated October 27, 1999; and sticker for Prescription 175877 for Sandra Berkowitz dated January 2, 2000.

(24) Exhibit 21--Two-page Third Party/Consultation Log of CVS Pharmacy #7372 dated January 2, 2000.

(25) Exhibit 22--Labels for Prescription C 208879 for Sandra Berkowitz dated March 28, 2001, and sticker for Prescription C 208879 for Sandra Berkowitz dated March 26, 2001.

(26) Exhibit 23--Copy of twelve-page Prescription Register of CVS Pharmacy #7372 for March 28, 2001.

(27) Exhibit 24--Prescription C206782 for Robert A. Berkowitz dated March 5, 2001.

(28) Exhibit 25--Copy of Pharmacist's Statement of CVS Pharmacy #7373 for Robert A. Berkowitz from January 1, 1998 to May 2, 2001.

(29) Exhibit 26--Statement of Robert H. Anschuetz, M.D. notarized May 4, 2001.

(30) Exhibit 26A--Statement of Robert H. Anschuetz, M.D. notarized June 25, 2001.

(31) Exhibit 27--Copy of Accountability Statement of CVS/Pharmacy #7372 for Darvocet N-100 100/650 tablets dated September 5, 2001.

(32) Exhibit 28--Copy of Accountability Statement of CVS/Pharmacy #7372 for Vicodin HP 10/660 tablets dated September 5, 2001.

(33) Exhibit 29--Copy of Accountability Statement of CVS/Pharmacy #7372 for Vicodin 5/500 tablets dated August 21, 2001.

(34) Exhibit 30--Copy of Accountability Statement of CVS/Pharmacy #7372 for Percocet 5/325 tablets dated September 13, 2001.

(35) Exhibit 31--Copy of Accountability Statement of CVS/Pharmacy #7372 for Percocet 7.5/500 tablets dated September 13, 2001.

(36) Exhibit 32--Copy of two-page "Information", State of Ohio vs. Robert Berkowitz, Case No. 411642, Cuyahoga County Common Pleas Court, dated September 25, 2001.

(37) Exhibit 33--Copy of "Journal Entry", State of Ohio vs. Robert Berkowitz, Case No. 411642, Cuyahoga County Common Pleas Court, dated October 25, 2001.

(38) Exhibit 34--Copy of "Journal Entry", State of Ohio vs. Robert Berkowitz, Case No. 411642, Cuyahoga County Common Pleas Court, dated November 29, 2001.

(39) Exhibit 35--Copy of seven-page "Information", United States of America vs. Nathan Schneider, Robert A. Berkowitz, Paul H. Marcus, Scott L. Nuti, Robert M. Epstein, Case No. CR84-156, United States District Court For The Northern District Of Ohio, Eastern Division, dated August 1, 1984; Copy of three-page "Plea Agreement", United States of America vs. Nathan Schneider, Robert A. Berkowitz, Paul Marcus, Robert Epstine, Scott Nuti, Case No. CR84-156, United States District Court For The Northern District Of Ohio, Eastern Division, dated August 1, 1984;. Copy of "Minutes of Proceedings", United States of America vs. Robert Berkowitz, Criminal No. CR84-156, United States District Court For The Northern District Of Ohio, Eastern Division, dated October 10, 1984.

Respondent's Exhibits:

(1) Exhibit A--Seven-page Behavior Management Associates, Inc. Psychological Report of Robert A. Berkowitz dated January 25, 2002.

(2) Exhibit B--Copy of two-page professional description of Dr. Robert G. Kaplan, not dated.

(3) Exhibit C--Letter from Rabbi Stanley J. Schachter dated January 23, 2002.

(4) Exhibit D--Letter from Robert Leeson, R.Ph. dated January 26, 2002.

(5) Exhibit E--Letter from Nathan H. Levine, R.Ph. dated January 28, 2002.

(6) Exhibit F--Two-page letter from John W. Seese, R.Ph. dated January 28, 2002.

(7) Exhibit G--Copy of FirstAir Visa Statement dated April 6, 2001.

FINDINGS OF FACT

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

(1) Records of the State Board of Pharmacy indicate that Robert A. Berkowitz was licensed by the State of Ohio on August 19, 1963, pursuant to examination, and that his license to practice pharmacy in the state of Ohio was summarily suspended effective December 5, 2001.

(2) Robert A. Berkowitz did, on or about October 23, 2000, while employed as a pharmacist at CVS/pharmacy #7372, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of CVS/pharmacy #7372, beyond the express or implied consent of the owner, to wit: Robert A. Berkowitz has admittedly filled Prescription 195680 for Monopril 10mg, 90 dosage units, and removed the drugs from the pharmacy without payment. Such conduct violates Section 2913.02 of the Ohio Revised Code.

(3) Robert A. Berkowitz did, on or about June 26, 2000, while employed as a pharmacist at CVS/pharmacy #7372, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of CVS/pharmacy #7372, beyond the express or implied consent of the owner, to wit: Robert A. Berkowitz has admittedly filled Prescription 186965 for Allegra 60mg, 12 dosage units, and removed the drug from the pharmacy without payment. Such conduct violates Section 2913.02 of the Ohio Revised Code.

(4) Robert A. Berkowitz did, on or about June 26, 2000, while employed as a pharmacist at CVS/pharmacy #7372, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of CVS/pharmacy #7372, beyond the express or implied consent of the owner, to wit: Robert A. Berkowitz has admittedly filled Prescription 186963 for Monopril 10mg, 15 dosage units, and removed the drug from the pharmacy without payment. Such conduct violates Section 2913.02 of the Ohio Revised Code.

(5) Robert A. Berkowitz did, on or about June 26, 2000, while employed as a pharmacist at CVS/pharmacy #7372, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of CVS/pharmacy #7372, beyond the express or implied consent of the owner, to wit: Robert A. Berkowitz has admittedly filled Prescription C186964 for Xanax 0.25mg, 50 dosage units, and removed the drug from the pharmacy without payment. Such conduct violates Section 2913.02 of the Ohio Revised Code.

(6) Robert A. Berkowitz did, on or about April 19, 2000, while employed as a pharmacist at CVS/pharmacy #7372, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of CVS/pharmacy #7372, beyond the express or implied consent of the owner, to wit: Robert A. Berkowitz has admittedly filled Prescription 182791 for Vioxx 12mg, 60 dosage units, and removed the drug from the pharmacy without payment. Such conduct violates Section 2913.02 of the Ohio Revised Code.

(7) Robert A. Berkowitz did, on or about January 2, 2000, while employed as a pharmacist at CVS/pharmacy #7372, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of CVS/pharmacy #7372, beyond the express or implied consent of the owner, to wit: Robert A. Berkowitz has admittedly filled Prescription 175877 for Monopril 10mg, 90 dosage units, and removed the drug from the pharmacy without payment. Such conduct violates Section 2913.02 of the Ohio Revised Code.

(8) Robert A. Berkowitz did, on or about March 28, 2001, while employed as a pharmacist at CVS/pharmacy #7372, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of CVS/pharmacy #7372, beyond the express or implied consent of the owner, to wit: Robert A. Berkowitz has admittedly filled Prescription C208879 for Darvocet N-100, 50 dosage units, and removed the drug from the pharmacy without payment. Such conduct violates Section 2913.02 of the Ohio Revised Code.

(9) Robert A. Berkowitz did, on or about March 5, 2001, while employed as a pharmacist at CVS/pharmacy #7372, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of CVS/pharmacy #7372, beyond the express or implied consent of the owner, to wit: Robert A. Berkowitz has admittedly filled Prescription C206782 for Vicodin 5/500, 15 dosage units, and removed the drug from the pharmacy without payment. Such conduct violates Section 2913.02 of the Ohio Revised Code.

(10) Robert A. Berkowitz did, on or about March 28, 2001, intentionally make and/or knowingly possess a false or forged prescription, to wit: Robert A. Berkowitz has admittedly created Prescription C208879, using his wife’s name as the patient, without written or oral approval from Dr. Robert Anschuetz, to obtain 50 dosage units for Darvocet N-100, a Schedule IV controlled substance. Such conduct violates Section 2925.23(B) of the Ohio Revised Code.

(11) Robert A. Berkowitz did, on or about January 22, 2001, knowing he had no privilege to do so, and with purpose to facilitate a fraud, remove a record, to wit: Robert A. Berkowitz admittedly removed Prescription 195689, for Monopril 10mg, 90 dosage units, from the pharmacy computer system. Such conduct violates Section 2913.42(A)(1)(B)(a) of the Ohio Revised Code.

(12) Robert A. Berkowitz was convicted of two counts of Attempted Theft of Drugs in violation of Section 2923.02 of the Ohio Revised Code, as it relates to Section 2913.02 of the Ohio Revised Code, felonies of the 5th degree. State of Ohio vs. Robert Berkowitz, Case No. CR 411642, Cuyahoga County Common Pleas Court, dated October 25, 2001.

CONCLUSIONS OF LAW

(1) Upon consideration of the record as a whole, the State Board of Pharmacy concludes that paragraphs (2) through (12) 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 (12) 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 (10) of the Findings of Fact constitutes being guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapter 2925. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

ACTION OF THE BOARD

Pursuant to Section 3719.121 of the Ohio Revised Code, the State Board of Pharmacy hereby removes the Summary Suspension Order issued to Robert A. Berkowitz on December 5, 2001.

Pursuant to Section 4729.16 of the Ohio Revised Code, and on the basis of the Findings of Fact and Conclusions of Law set forth above, the State Board of Pharmacy hereby suspends indefinitely the pharmacist identification card, No. 03-2-08019, held by Robert A. Berkowitz and such suspension is effective as of the date of the mailing of this Order.

(A) Robert A. Berkowitz, pursuant to Rule 4729-9-01(F) of the Ohio Administrative Code, may not be employed by or work in a facility licensed by the State Board of Pharmacy to possess or distribute dangerous drugs during such period of suspension.

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

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

(A) Robert A. Berkowitz must obtain, within ninety days after the effective date of this Order, a full psychiatric or psychological evaluation by a licensed psychiatrist or psychologist and must abide by the treatment plan as designed by that psychiatrist or psychologist. The psychiatrist or psychologist must provide an initial status report, which includes the recommended treatment plan, to the Board within ten days after completing the assessment.

(B) Robert A. Berkowitz must provide, at the reinstatement petition hearing, documentation of the following:

(1) Compliance with the licensed psychiatrist's or psychologist's recommended treatment plan;

(2) A report by the licensed psychiatrist or psychologist regarding Robert A. Berkowitz's fitness for readmission into the practice of pharmacy;

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

(4) Compliance with the terms of this Order.

(C) Robert A. Berkowitz must take and pass, during the six months immediately preceding his appearance at the reinstatement petition hearing, the Multistate Pharmacy Jurisprudence Examination (MPJE), or an equivalent examination approved by the Board. If Mr. Berkowitz does not pass the MPJE within this six-month period, his license will remain suspended until this condition has been achieved.

(D) If reinstatement is not accomplished within four years of the effective date of this Order, Robert A. Berkowitz must also take and pass the North American Pharmacist Licensure Examination (NAPLEX) or an equivalent examination approved by the Board.

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

MOTION CARRIED.

SO ORDERED.

The motion was seconded by Mr. Giacalone and approved by the Board (Aye-3/Nay-2).

4:29 p.m.

The meeting was recessed until Wednesday, February 6, 2002.

wednesday, February 6, 2002

10:34 a.m. ROLL CALL

The State Board of Pharmacy reconvened in Room West-B&C, 31st Floor, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with the following members present:

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

10:39 a.m.

The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of creating a record in the matter of Foster D. Farone, R.Ph., Mt. Crawford, Virginia in accordance with Ohio Revised Code Chapters 119. and 4729.

10:57 a.m.

The record in the matter of Foster D. Farone, R.Ph. was closed.

10:59 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 Mrs. Adelman and a roll call vote was conducted by President Abele as follows: Adelman-Yes, Braylock-Yes, Eastman-Yes, Lipsyc-Yes, Kost-Yes, and Turner-Yes.

11:06 a.m.

RES. 2002-135 The Executive Session ended and the meeting was opened to the public. Mr. Turner moved that the Board adopt the following Order in the matter of Foster D. Farone, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-011004-014)

In The Matter Of:

FOSTER D. FARONE, R.Ph.

5472 Koiner Ford Road

Mt. Crawford, Virginia 22841

(R.Ph. No. 03-2-21590)

INTRODUCTION

THE MATTER OF FOSTER D. FARONE CAME FOR CONSIDERATION ON FEBRUARY 6, 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.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph; AND JAMES E. TURNER, R.Ph.

FOSTER D. FARONE WAS NOT PRESENT NOR WAS HE REPRESENTED BY COUNSEL, AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

(A) Testimony

State's Witnesses:

(1) Todd Knauss, Ohio State Board of Pharmacy

Respondent's Witnesses:

(1) None

(B) Exhibits

State's Exhibits:

(1) Exhibit 1--Copy of letter from Foster D. Farone dated September 10, 2001.

(2) Exhibit 1A--Copy of four-page Summary Suspension Order/Notice of Opportunity for Hearing letter dated October 4, 2001.

(3) Exhibit 1B--Copy of Ohio Pharmacist Computer Record of Foster D. Farone.

(4) Exhibit 2-- Copy of thirteen pages of Pennsylvania State Police records for Incident No. E5-806246 that occurred on February 23, 1998 involving Foster D. Farone dated May 20, 1998 to October 26, 2001.

(5) Exhibit 3--Copy of fifteen pages of Pennsylvania State Police records for Incident No. E5-805611 that occurred on February 28, 1998 involving Foster D. Farone dated April 30, 1998 to October 26, 2001; Copy of two-page "Sentence" for Verdict of Guilty to Obtaining Controlled Substance by Fraud, etc.; Theft, Commonwealth of Pennsylvania vs. Foster D. Farone, Case No. 1998-818, Crawford County, Pennsylvania Common Pleas Court, date not legible.

(6) Exhibit 4--Copy of thirty-four pages of Pennsylvania State Police records for Incident No. E5-798506 that occurred on February 28, 1998 involving Foster D. Farone dated March 3, 1998 to October 26, 2001.

(7) Exhibit 5--Copy of "Information", Commonwealth of Pennsylvania vs. Foster D. Farone, Criminal Action No. 1998-792, Crawford County Common Pleas Court, not dated.

(8) Exhibit 6--Copy of two-page "Sentence" for Verdict of Guilty to Obtaining Controlled Substance by Fraud, etc.; Possession of Controlled Substance; Theft, Commonwealth of Pennsylvania vs. Foster D. Farone, Case No. 1998-792, Crawford County, Pennsylvania Common Pleas Court, dated September 12, 2001.

(9) Exhibit 7--Copy of "Information", Commonwealth of Pennsylvania vs. Foster D. Farone, Criminal Action No. 1998-818, Crawford County Common Pleas Court, dated August 20, (year not legible).

(10) Exhibit 8--Copy of two-page "Sentence" for Verdict of Guilty to Obtaining Controlled Substance by Fraud, etc.; Theft, Commonwealth of Pennsylvania vs. Foster D. Farone, Case No. 1998-818, Crawford County, Pennsylvania Common Pleas Court, dated September 12, 2001.

(11) Exhibit 9--Copy of five-page Virginia Board of Pharmacy "Order" in re Foster D. Farone dated November 14, 2001; Copy of two-page Virginia Board of Pharmacy "Notice of Hearing" in re Foster D. Farone dated October 31, 2001; Copy of Virginia Department of Health Professions "Order" in re Foster D. Farone dated October 22, 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 October 4, 2001, Foster D. Farone 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 of October 10, 2001, Foster D. Farone received the letter of October 4, 2001, informing him of the allegations against him, and his rights.

(3) Foster D. Farone has not responded in any manner to the letter of October 4, 2001, and has not requested a hearing in this matter.

(4) Records of the State Board of Pharmacy indicate that Foster D. Farone was originally licensed by the State of Ohio on April 23, 1996, pursuant to reciprocity, and that his license to practice pharmacy in the state of Ohio was summarily suspended effective October 4, 2001.

(5) Foster D. Farone is addicted to liquor or drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy, to wit: Foster D. Farone has admitted to a Board agent that he is addicted to Alprazolam, Benzphetamine Hydrochloride, and Hydrocodone products. Additionally, Mr. Farone stole such drugs from his employer. Foster D. Farone did enroll in drug treatment and Foster D. Farone has been convicted of felony drug charges. Such conduct indicates that Foster D. Farone falls within the ambit of Sections 3719.121 and 4729.16(A)(3) of the Ohio Revised Code.

(6) Foster D. Farone was convicted, on or about August 31, 2001, in the Common Pleas Court of Crawford County, Pennsylvania, for two counts of obtaining controlled substances by fraud, a felony of the third degree, two counts of possession of controlled substances, a misdemeanor of the third degree, and two counts of theft by unlawful taking, a misdemeanor of the second and third degree, in violation of the Pennsylvania Controlled Substance Laws, equivalent to felony drug abuse offenses in Ohio. Commonwealth of Pennsylvania vs. Foster D Farone, Case numbers 1998-792 and 1998-818. Such conduct constitutes being guilty of a felony or gross immorality within the meaning of Section 4729.16(A) 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 (5) and (6) 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 (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 (5) 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 paragraph (6) 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 Chapters 2925. and 3719. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

ACTION OF THE BOARD

Pursuant to Section 3719.121 of the Ohio Revised Code, the State Board of Pharmacy hereby removes the Summary Suspension Order issued to Foster D. Farone on October 4, 2001.

Pursuant to Section 4729.16 of the Ohio Revised Code, and on the basis of the Findings of Fact and Conclusions of Law set forth above, the State Board of Pharmacy takes the following actions in the matter of Foster D. Farone:

(A) On the basis of the Findings of Fact and paragraph (1) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes the pharmacist identification card, No. 03-2-21590, held by Foster D. Farone effective as of the date of the mailing of this Order.

(B) On the basis of the Findings of Fact and paragraph (2) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes the pharmacist identification card, No. 03-2-21590, held by Foster D. Farone effective as of the date of the mailing of this Order.

(C) On the basis of the Findings of Fact and paragraph (3) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes the pharmacist identification card, No. 03-2-21590, held by Foster D. Farone effective as of the date of the mailing of this Order.

(D) On the basis of the Findings of Fact and paragraph (4) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes the pharmacist identification card, No. 03-2-21590, held by Foster D. Farone effective as of the date of the mailing of this Order.

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

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

MOTION CARRIED.

SO ORDERED.

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

11:09 a.m.

Mr. Giacalone arrived and joined the meeting in progress.

Mr. Turner and Mr. Benedict presented the probation report.

11:24 a.m.

11:45 a.m.

The Executive Session ended. The Board recessed for lunch.

1:24 p.m.

The meeting resumed in Room West-B&C on the 31st Floor. Mrs. Adelman moved that the Board go into Executive Session to consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official pursuant to Section 121.22(G)(1) of the Revised Code. The motion was seconded by Mr. Turner and a roll call vote was conducted by President Abele as follows: Adelman-Yes, Braylock-Yes, Eastman-Yes, Giacalone-Yes, Lipsyc-Yes, Kost-Yes, and Turner-Yes.

1:38 p.m.

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

1:45 p.m.

The Board was joined by the following representatives and members of the Board of Directors of the Ohio Society of Health-System Pharmacists (OSHP) for a discussion of items of mutual interest:

Paul Mosko, Alicia Miller, Melissa Davis, Brian Peters, David Boyer, Andrea Darby, Robert Parsons, David Kvancz, Karen Kier, Suzanne Marques, Teresa Clement, and Sharon Hauser.

Items discussed included restocking of EMS squads, consolidation of reporting internship hours for experiential programs, "Partial-fill" CII dispensing by home infusion pharmacies for non-terminal patients, dangerous drug database legislation, administering medication in correctional facilities, positive prescriber ID in institutional computer order entry systems, forged prescriptions from institutions, and the Board's role in medication misadventures.

3:15 p.m.

The meeting with the representatives of OSHP ended.

3:28 p.m.

Ms. Eastman moved that the Board receive Per Diem as follows:

PER DIEM	01/14	01/22	01/28	02/04	02/05	02/06	Total
Abele	1	-	-	1	1	1	4
Adelman	-	-	-	1	1	1	3
Braylock	-	1	-	1	1	1	4
Eastman	-	1	-	1	1	1	4
Giacalone	-	-	-	1	1	1	3
Kost	-	-	1	1	1	1	4
Lipsyc	-	-	-	1	1	1	3
Teater	-	-	-	-	-	-	0
Turner	-	-	-	1	1	1	3

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

3:30 p.m.

Ms. Eastman moved that the meeting be adjourned. The motion was seconded by Mrs. Adelman and approved (Aye-7/Nay-0).

THE BOARD APPROVED THESE MINUTES ON MARCH 4, 2002