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.

 

STATE BOARD OF PHARMACY; 77 SOUTH HIGH STREET, ROOM 1702; COLUMBUS, OHIO 43215-6126

Tel:  614/466-4143                         Fax:  614/752-4836                        Eml:  exec@bop.state.oh.us

 

 

Minutes Of The Meeting

Ohio State Board of Pharmacy

March 4 & 5, 2002

 

 

MONDAY, MARCH 4, 2002

 

  8:40 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); 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.

 

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.

  8:45 a.m.

 

RES. 2002-136

After a discussion about the National Association of Boards of Pharmacy (NABP) Annual Meeting in May, Ms. Eastman moved that President Ann Abele function as the Board's voting delegate at the meeting and that Mr. Kost be the alternate voting delegate.  The motion was seconded by Mr. Turner and approved by the Board (Aye-8/Nay-0).

 

RES. 2002-137

Mr. Turner then moved that President Abele and Mr. Winsley be authorized to attend the NABP Annual Meeting, that their expenses be paid by the Board, and that the time spent at the meeting be considered as time worked.  The motion was seconded by Mrs. Adelman and approved by the Board (Aye-8/Nay-0).

 

RES. 2002-138

After further discussion, Mr. Giacalone moved that the Board authorize Mr. Winsley to seek re-election to the NABP Executive Committee at the NABP Annual Meeting.  The motion was seconded by Mrs. Adelman and approved by the Board (Aye-8/Nay-0).

  9:00 a.m.

 

 

The Board was joined by Mr. David Freel, Executive Director of the Ohio Ethics Com­mission, who gave a presentation to the Board on the ethics laws in Ohio.

10:50 a.m.

 

 

The presentation ended and the Board took a brief recess.

11:00 a.m.

 

 

Mr. Kost moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code and for the purpose of conferring with an attorney for the Board regarding pending or imminent court action pursuant to Section 121.22(G)(3) of the Revised Code.  The motion was seconded by 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, Teater-Yes, and Turner-Yes.

11:55 a.m.

 

 

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

  1:03 p.m.

 

 

The meeting resumed with all members present.  Mr. Keeley presented his legislative report.

 

RES. 2002-139

Mr. Keeley next presented the list of candidates for the 2002 Ad Hoc Committee on Rule Review for the Board's consideration.  After discussion, Mr. Turner moved that the following members be appointed:

 

 

Gregory Braylock, R.Ph.; South Euclid

Dorothy Teater; Columbus

Louis Barone, R.Ph.; Hudson

Dale Bertke, R.Ph.; Minster

Rachel Bihn, R.Ph.; Oregon

Jack Brown, R.Ph.; Columbus

Bonita Caw, R.Ph.; Zanesville

Elizabeth Gregg, R.Ph.; Columbus

Curtis Lau, R.Ph.; Mentor

Alicia Miller, R.Ph.; Westerville

Stephanie Peshek, R.Ph.; Solon

Cathy Rosenbaum, R.Ph.; Dayton

Robert Wagonblott, R.Ph.; Reynoldsburg

Kevin Hornbeck, D.O.; Vandalia

Claire Wolfe, M.D.; Columbus

Pharmacy Board Member

Pharmacy Board Public Member

Cleveland Clinic-Hospital Pharmacy Dept.

Schwieterman's Drug Store

Kroger Pharmacy #938

Graduate Student

Northside Maysville Pharmacy

Grant Medical Center

Kaiser Foundation Health Plan

OSU Medical Center-Main Campus Pharmacy

Summa Health System Hospitals

Bethesda Hospital North

Meijer Pharmacy #59

Ohio Medical Association

Ohio Medical Association

 

 

The motion was seconded by Mrs. Adelman and approved (Aye-8/Nay-0).

 

RES. 2002-140

Mr. Lipsyc and Mr. McMillen presented two requests for approval as providers of con­tinuing pharmacy education that had been received in the Board office.  After discus­sion, Mr. Lipsyc moved that the Board approve the following as providers of continuing pharmacy education:

 

Pharmaceutical Business Solutions (PBS), Inc.; Medina

Alliance Community Hospital

 

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

  1:55 p.m.

 

 

The Board took a brief recess.

  2:00 p.m.

 

 

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

  2:55 p.m.

 

RES. 2002-141

The hearing was stopped and the record was closed.  Mr. Oswald's case was continued to a later date to allow him to obtain documentation of full compliance with his previous Board Order.

  2:58 p.m.

 

 

The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of creating a record in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of Regina Ann Jutz, Galion.

  3:15 p.m.

 

 

The record created in the matter of Regina Ann Jutz was closed.

  3:16 p.m.

 

 

The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of creating a record in accordance with Ohio Revised Code Chapters 119. and 4729. in the matters of Akron Pharmaceuticals and Usha R. Patel, R.Ph., Uniontown.

  3:29 p.m.

 

 

The record created in the matters of Akron Pharmaceuticals and Usha R. Patel, R.Ph. was closed.  The Board took a brief recess.

  3:33 p.m.

 

 

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

  3:45 p.m.

 

RES. 2002-142

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 Regina Ann Jutz:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-011207-025)

 

In The Matter Of:

 

REGINA ANN JUTZ

875 South Boston Street

Galion, Ohio 44833

(D.O.B. 10/12/1974)

 

INTRODUCTION

 

THE MATTER OF REGINA ANN JUTZ CAME FOR CONSIDERATION ON MARCH 4, 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.

 

REGINA ANN JUTZ WAS NOT PRESENT, NOR WAS SHE 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)

Lynn Mudra, Ohio State Board of Pharmacy

 

 

Respondent's Witnesses:

 

(1)

None

 

(B)

Exhibits

 

 

State's Exhibits:

 

(1)

Exhibit 1--Copy of four-page Proposal To Deny/Notice of Opportunity for Hear­ing letter dated December 7, 2001.

 

(2)

Exhibit 1A--Ohio State Board of Pharmacy Personal Delivery Record for Regina Ann Jutz dated January 18, 2002.

 

(3)

Exhibit 2-- Copy of two-page Kansas Board of Pharmacy Application for Registra­tion of Intern of Regina Lee dated February 22, 1999.

 

(4)

Exhibit 3--Copy of letter from Larry Froelich, R.Ph.

 

(5)

Exhibit 4--Copy of Ohio Application for Pharmacy Intern Registration of Regina Ann Jutz and attached violation statement receipt-stamped by the Ohio Board of Pharmacy on October 4, 2001.

 

(6)

Exhibit 5--Copy of letter from Larry Froelich, R.Ph. dated November 3, 1999.

 

(7)

Exhibit 6--Copy of excerpt from Minutes of Kansas State Board of Pharmacy, Page 6, re: Regina A. Lee Jutz, not dated.

 

(8)

Exhibit 7--Copy of letter from Tom Gossell dated November 3, 1999.

 

 

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 December 7, 2001, Regina Ann Jutz was notified by letter of her right to a hearing, her rights in such hearing, and her right to submit her contentions in writing.

 

(2)

As demonstrated by Personal Delivery Record of January 18, 2002, Regina Ann Jutz received the letter of December 7, 2001 informing her of the allegations against her, and her rights.

 

(3)

Regina Ann Jutz has not responded in any manner to the letter of December 7, 2001, and has not requested a hearing in this matter.

 

(4)

Records of the Ohio Board of Pharmacy indicate that Regina Ann Jutz submitted an Ohio Application for Pharmacy Intern Registration on October 4, 2001.

 

(5)

Regina Ann Jutz did, on or about February 22, 1999, knowingly make a false state­ment with the purpose to obtain the issuance of an intern license, to wit: Regina Ann Jutz submitted a false application to the Kansas Board of Pharmacy when apply­ing for an intern license.  The application contained a document that was purported to be signed by Thomas Gossel, then Dean of Ohio Northern University College of Pharmacy, when in fact the signature had been forged.  Such conduct constitutes not being of good moral character and habits within the meaning of Rule 4729-5-04 of the Ohio Admini­strative Code, and thus not meeting the requirements of the Board within the meaning of Section 4729.11 of the Ohio Revised Code.

 

(6)

Regina Ann Jutz was, on or about November of 1999, ordered by the Kansas Board of Pharmacy to surrender her Kansas intern license and to appear before that board for a hearing due to submission of a false application for said license.  Rather than comply, Regina Ann Jutz left the state of Kansas, returned to Ohio, and obtained employment as a pharmacy intern without having an Ohio pharmacy intern license.  Such conduct constitutes not being of good moral character and habits within the meaning of Rule 4729-5-04 of the Ohio Administrative Code, and thus not meeting the requirements of the Board within the meaning of Section 4729.11 of the Ohio Revised Code.

 

(7)

Regina Ann Jutz did, on or about February, 1999, through November, 1999, contin­ually and habitually lie to her employers, pharmacies in the state of Kansas, about her status as a licensed intern and/or about the status of her application and ex­amination to become a licensed pharmacist.  Such conduct constitutes not being of good moral character and habits within the meaning of Rule 4729-5-04 of the Ohio Administrative Code, and thus not meeting the requirements of the Board within the meaning of Section 4729.11 of the Ohio Revised Code.

 

(8)

Regina Ann Jutz did, subsequent to November, 1999, while not licensed as a phar­macist or pharmacy intern under the personal supervision of a pharmacist, engage in the practice of pharmacy, to wit: after the Kansas Board of Pharmacy took her license to practice as an intern in that state, Regina Ann Jutz moved to Ohio and obtained employment with Rite Aid as an intern, and Regina Ann Jutz practiced pharmacy as an intern in Ohio but she did not have an Ohio license or registration as an intern.  Such conduct is in violation of Section 4729.28 of the Ohio Revised Code and constitutes being guilty of violating provisions of Chap­ter 4729. of the Revised Code within the meaning of Section 4729.16 of the Revised Code and/or of not being of good moral character and habits within the meaning of Rule 4729-5-04 of the Ohio Administrative Code, and thus not meeting the requirements of the Board within the meaning of Section 4729.11 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) through (8) of the Findings of Fact constitute not being of good moral character and habits as provided in Division (C) of Rule 4729-5-04 of the Ohio Administrative Code.

 

(2)

Upon consideration of the record as a whole, the State Board of Pharmacy con­cludes that paragraphs (5) through (8) of the Findings of Fact constitute being guilty of dishonesty within the meaning of Division (A)(2) of Section 4729.16 of the Ohio Revised Code.

 

(3)

Upon consideration of the record as a whole, the State Board of Pharmacy con­cludes that paragraph (8) of the Findings of Fact constitutes being guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapter 4729. of the Revised Code within the meaning of  Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

 

ACTION OF THE BOARD

 

Pursuant to Section 4729.11 of the Ohio Revised Code, and Rule 4729-5-04 of the Ohio Administrative Code, the State Board of Pharmacy hereby refuses to grant a license and, therefore, denies the Application for Pharmacy Intern Registration submitted by Regina Ann Jutz on October 4, 2001.

 

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

MOTION CARRIED.

SO ORDERED.

 

 

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

 

RES. 2002-143

Ms. Eastman then moved that the Board adopt the following Order in the matter of Akron Pharmaceuticals:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-010828-007)

 

In The Matter Of:

 

AKRON PHARMACEUTICALS, INC.

c/o Rajnikant M. Patel, President

3570 Executive Drive, Suite 206

Uniontown, Ohio 44685

 

INTRODUCTION

 

THE MATTER OF AKRON PHARMACEUTICALS, INC. CAME FOR CONSIDERATION ON MARCH 4, 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.

 

AKRON PHARMACEUTICALS, INC. WAS NOT PRESENT, NOR WAS IT 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)

Thomas Miksch, Ohio State Board of Pharmacy

 

 

Respondent's Witnesses:

 

(1)

None

 

(B)

Exhibits

 

 

State's Exhibits:

 

(1)

Exhibit 1--Copy of four-page Proposal To Deny/Notice of Opportunity for Hear­ing letter dated August 28, 2001.

 

(2)

Exhibit 1A--Ohio State Board of Pharmacy Personal Delivery Record for Akron Phar­maceuticals, Inc. dated September 26. 2001.

 

(3)

Exhibit 1B--Letter from Rajnikant M. Patel dated September 27, 2001.

 

(4)

Exhibit 1C--Letter from Jack A. Staph dated January 4, 2002.

 

(5)

Exhibit 1D--Copy of two-page Application for Registration as a Wholesale Distri­butor of Dangerous Drugs for Akron Pharmaceuticals, Inc. dated July 11, 2001.

 

(6)

Exhibit 1E--Copy of Hearing Schedule letter dated October 9, 2001.

 

(7)

Exhibit 1F--Ohio State Board of Pharmacy Personal Delivery Record for Akron Phar­maceuticals, Inc. dated December 14, 2001.

 

 

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 August 28, 2001, Rajnikant M. Patel was notified by letter of his right to a hear­ing, his rights in such hearing, and his right to submit his contentions in writing.

 

(2)

As demonstrated by Personal Delivery Record dated September 26, 2001, Rajnikant M. Patel received the letter of August 28, 2001, informing him of the evidence to propose to deny the application for registration as a Wholesale Distributor of Dan­gerous Drugs, and his rights.

 

(3)

Rajnikant M. Patel, by letter of September 27, 2001, submitted his contentions in writing, and has not requested a hearing in this matter.

 

(4)

Records of the Ohio Board of Pharmacy indicate that on or about July 11, 2001, Rajnikant M. Patel was the president of Akron Pharmaceuticals, Inc. and that on said date Rajnikant M. Patel applied for registration as a Wholesale Distributor of Dan­gerous Drugs.

 

(5)

Akron Pharmaceuticals, Inc. does not have an adequate or Board-approved security alarm system to detect unauthorized entry to its facility as required by Rule 4729-9-16 of the Ohio Administrative Code.

 

(6)

Akron Pharmaceuticals, Inc. does not have a quarantine area for storage of danger­ous drugs that might become outdated, damaged, deteriorated, mis­branded, or adulterated, or that are in immediate or sealed secondary con­tainers that may have become opened as required by Rule 4729-9-16 of the Ohio Administrative Code.

 

(7)

Akron Pharmaceuticals, Inc. does not have storage areas designed to provide ade­quate lighting, ventilation, temperature, sanitation, humidity, space, equipment, and security conditions as required by Rule 4729-9-16 of the Ohio Administrative Code.

 

(8)

Akron Pharmaceuticals, Inc., and its owners or would-be operators, have not shown that their past experience in the manufacture or distribution of dan­gerous drugs is acceptable to the Board.

 

CONCLUSIONS OF LAW

 

(1)

Upon consideration of the record as a whole, the State Board of Pharmacy con­cludes that paragraphs (5) through (8) of the Findings of Fact constitute failure to meet the qualifications set forth in Section 4729.53(A) of the Ohio Revised Code.

 

(2)

Upon consideration of the record as a whole, the State Board of Pharmacy con­cludes that paragraphs (5) through (8) of the Findings of Fact constitute failure to furnish satisfactory proof to the Board that granting a registration certificate to Akron Pharmaceuticals, Inc. is in the public interest as provided in Section 4729.53(B) of the Ohio Revised Code.

 

ACTION OF THE BOARD

 

Pursuant to Section 4729.52(A) of the Ohio Revised Code, the State Board of Pharmacy hereby refuses to register Akron Pharmaceuticals, Inc. and, therefore, denies the Appli­cation for Registration as a Wholesale Distributor of Dangerous Drugs submitted by Rajnikant M. Patel on July 11, 2001.

 

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-8/Nay-0).

 

RES. 2002-144

Ms. Eastman next moved that the Board adopt the following Order in the matter of Usha R. Patel:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-011010-016)

 

In The Matter Of:

 

AKRON PHARMACEUTICALS, L.L.C.

c/o USHA R. PATEL, R.Ph., Supervisor

3469 Parfoure Boulevard

Uniontown, Ohio 44685

 

INTRODUCTION

 

THE MATTER OF AKRON PHARMACEUTICALS, L.L.C. CAME FOR CONSIDERATION ON MARCH 4, 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.

 

USHA R. PATEL WAS NOT PRESENT NOR WAS AKRON PHARMACEUTICALS, L.L.C. 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)

Thomas Miksch, Ohio State Board of Pharmacy

 

 

Respondent's Witnesses:

 

(1)

None

 

(B)

Exhibits

 

 

State's Exhibits:

 

(1)

Exhibit 1P--Copy of four-page Proposal To Deny/Notice of Opportunity for Hear­ing letter dated October 10, 2001.

 

(2)

Exhibit 1P-A--Copy of Ohio Pharmacist Computer Record of Usha R. Patel.

 

(3)

Exhibit 1P-B--Copy of two-page Application for Registration as a Wholesale Dis­tributor of Dangerous Drugs with Usha R. Patel signing as the Responsible Person and dated September 17, 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 10, 2001, Usha R. Patel was notified by letter of Akron Pharma­ceuticals, L.L.C.'s right to a hearing, its rights in such hearing, and its right to submit its contentions in writing.

 

(2)

As demonstrated by return receipt dated October 20, 2001, Usha R. Patel re­ceived the letter of October 10, 2001, informing her of the evidence to propose to deny the application for registration as a Wholesale Distributor of Dangerous Drugs for Akron Pharmaceuticals, L.L.C., and its rights.

 

(3)

Usha R. Patel has not responded in any manner to the letter of October 10, 2001, and has not requested a hearing in this matter.

 

(4)

Records of the Ohio Board of Pharmacy indicate that on or about September 18, 2001, Usha R. Patel was the supervisor at 3570 Executive Drive, Suite #99, Uniontown, Ohio and that on said date Usha R. Patel signed as the Responsible Person on the application for registration as a Wholesale Distributor of Dangerous Drugs for Akron Pharmaceuticals, L.L.C.

 

(5)

Akron Pharmaceuticals, L.L.C. does not have an adequate or Board-approved secu­rity alarm system to detect unauthorized entry to its facility as required by Rule 4729-9-16 of the Ohio Administrative Code.

 

(6)

Akron Pharmaceuticals, L.L.C. does not have a quarantine area for storage of dan­gerous drugs that might become outdated, damaged, deteriorated, mis­branded, or adulterated, or that are in immediate or sealed secondary con­tainers that may have become opened as required by Rule 4729-9-16 of the Ohio Administrative Code.

 

(7)

Akron Pharmaceuticals, L.L.C. does not have storage areas designed to provide adequate lighting, ventilation, temperature, sanitation, humidity, space, equip­ment, and security conditions as required by Rule 4729-9-16 of the Ohio Administrative Code.

 

(8)

Akron Pharmaceuticals, L.L.C., and its owners or would-be operators, have not shown that their past experience in the manufacture or distribution of dan­gerous drugs is acceptable to the Board.

 

CONCLUSIONS OF LAW

 

(1)

Upon consideration of the record as a whole, the State Board of Pharmacy con­cludes that paragraphs (5) through (8) of the Findings of Fact constitute failure to meet the qualifications set forth in Section 4729.53(A) of the Ohio Revised Code.

 

(2)

Upon consideration of the record as a whole, the State Board of Pharmacy con­cludes that paragraphs (5) through (8) of the Findings of Fact constitute failure to furnish satisfactory proof to the Board that granting a registration certificate to Akron Pharmaceuticals, L.L.C. is in the public interest as provided in Section 4729.53(B) of the Ohio Revised Code.

 

ACTION OF THE BOARD

 

Pursuant to Section 4729.52(A) of the Ohio Revised Code, the State Board of Pharmacy hereby refuses to register Akron Pharmaceuticals, L.L.C. and, therefore, denies the Appli­cation for Registration as a Wholesale Distributor of Dangerous Drugs submitted Sep­tember 18, 2001.

 

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-8/Nay-0).

 

After discussion, Mrs. Adelman moved that the minutes of the February, 2002 meeting be approved as amended.  The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).

  4:00 p.m.

 

 

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

 

 

TUESDAY, MARCH 5, 2002

 

  8:06 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.; Robert P. Giacalone, R.Ph.; Lawrence J. Kost, R.Ph.; Nathan S. Lipsyc, R.Ph.; Dorothy S. Teater, Public Member; and James E. Turner, R.Ph.

 

 

Mr. Kost reported that there had been no meeting of the Nursing Board's Committee on Prescriptive Governance.  Ms. Abele reported that there had also been no meeting of the Nursing Board's Formulary Committee.

 

RES. 2002-145

Mr. Winsley discussed the A4 Healthcare electronic prescription transmission system with the Board.  After discussion, Mr. Kost moved that the Board consider the A4 Healthcare system approvable pending final inspection showing compliance with the Board's regulations.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-7/Nay-0).

  8:33 a.m.

 

 

Ms. Eastman arrived and joined the meeting in progress.

 

RES. 2002-146

Mr. Winsley, Mr. McMillen, and Mr. Keeley then discussed a visit to a Wal-Mart store to view the new Wal-Mart computer system which included scanned images of the original prescriptions.  After discussion, Mr. Kost moved that the Board consider the system approvable pending compliance with the Board's positive identification requirements and that the Board waive the requirement of a manual signature or initial on the original prescription as long as the prescriptions for drugs of abuse are physically reviewed by the pharmacist.  The motion was seconded by Mr. Giacalone and approved by the Board (Aye-8/Nay-0).

  8:58 a.m.

 

 

The Board took a brief recess.

  9:09 a.m.

 

 

The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of conducting an adjudication hearing in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of Joseph E. Geiser, R.Ph., Milan, Indiana.

  9:55 a.m.

 

RES. 2002-147

The hearing was stopped and the record was closed.  Mr. Geiser's case was continued to a later date to allow him to obtain documentation of full compliance with his previous Board Order.

10:00 a.m.

 

 

The Board recessed until the reciprocity hearing.

12:40 p.m.

 

 

The Board convened in Room 1932, 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 all members present.

 

RES. 2002-148

Following presentations by Board members and self-introductions by the candidates for licensure by reciprocity, Mrs. Adelman moved that the Board approve the following candidates for licensure.  The motion was seconded by Mr. Turner and approved by the Board (Aye-8/Nay-0).

 

 

KRISTIN JAYE BITLER

KARA G. BLEVINS

WILLIAM LAMPKIN CALHOUN, JR.

MICHAEL EUGENE McCALLISTER

WAYNE JOSEPH MORRISSEY

KUNJAL KIRAN PATEL

HANAN SARSOUR

ROBERT JASON WATSON

ILLINOIS

KENTUCKY

MISSISSIPPI

NEW MEXICO

RHODE ISLAND

PENNSYLVANIA

MICHIGAN

PENNSYLVANIA

  1:15 p.m.

 

 

The Board reconvened in Room West-B&C, 31st Floor to continue the Board meeting.  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 Frank Tschinkel, R.Ph., Hudson.  Mr. Lipsyc recused himself from the hearing and the resulting adjudication.

  2:47 p.m.

 

 

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

  3:07 p.m.

 

 

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

  4:42 p.m.

 

 

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

  4:52 p.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. Kost and a roll call vote was conducted by President Abele as follows: Adelman-Yes, Braylock-Yes, Eastman-Yes, Giacalone-Yes, Lipsyc-Yes, Kost-Yes, Teater-Yes, and Turner-Yes.

  5:25 p.m.

 

RES. 2002-149

The Executive Session ended and the meeting was opened to the public.  Mr. Braylock moved that, pursuant to Section 3719.121 of the Revised Code, the Board summarily suspend the license to practice pharmacy belonging to John Tomko, R.Ph. (03-2-15734) due to the fact that a continuation of his professional practice presents a danger of immediate and serious harm to others.  The motion was seconded by Mrs. Teater and approved by the Board (Aye-8/Nay-0).

 

RES. 2002-150

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 Michael Fraulini, R.Ph. (03-2-19444) due to the fact that a continuation of his professional practice presents a danger of immediate and serious harm to others.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

 

RES. 2002-151

Mr. Turner moved that the Board adopt the following Order in the matter of Mark Alan Moore, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-020109-031)

 

In The Matter Of:

 

MARK ALAN MOORE, R.Ph.

5146 Christy Avenue

Riverside, Ohio 45431

(R.Ph. No. 03-1-19236)

 

INTRODUCTION

 

THE MATTER OF MARK ALAN MOORE CAME FOR HEARING ON MARCH 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.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

 

MARK ALAN MOORE WAS REPRESENTED BY RICHARD P. ARTHUR AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

SUMMARY OF EVIDENCE

(A)

Testimony

 

 

State's Witnesses:

 

(1)

Robert Burdick, Ohio State Board of Pharmacy

 

 

Respondent's Witnesses:

 

(1)

Mark Alan Moore, R.Ph., Respondent

 

(B)

Exhibits

 

 

State's Exhibits:

 

(1)

Exhibit 1--Copy of three-page Summary Suspension Order/Notice of Oppor­tunity for Hearing letter dated January 9, 2002.

 

(2)

Exhibit 1A--Hearing Request letter from Richard P. Arthur dated January 29, 2002.

 

(3)

Exhibit 1B--Copy of Hearing Schedule letter dated January 30, 2002.

 

(4)

Exhibit 1C--Copy of Ohio Pharmacist Computer Record of Mark Alan Moore.

 

(5)

Exhibit 1D--Copy of three-page Addendum Notice letter dated March 5, 2002.

 

(6)

Exhibit 2--Copy of Statement of Mark Moore notarized January 3, 2002.

 

(7)

Exhibit 3--Copy of Statement of Mark Moore, not dated.

 

(8)

Exhibit 4--Copy of Controlled Medications reports for October 2001, November 2001, and December 2001.

 

(9)

Exhibit 5--Copy of three-page Pyxis Transactions for Miami Valley Hospital from October 2, 2001 to December 17, 2001.

 

(10)

Exhibit 7--Copy of Statement of Dan Gueth notarized January 2, 2002.

 

(11)

Exhibit 8--Copy of Generic Name Usage Report for Customer No. 026418 from January 2001 to November 2001.

 

(12)

Exhibit 9--Copy of three-page Miami Township Police Department Theft Report, Inci­dent No. 97-04364, of Mark A. Moore dated December 28, 1997; Copy of Miamis­burg Municipal Court Traffic/Criminal Docket, Miami Township Police Department vs. Mark A. Moore, Case No. 97CRB12178-A, Miamisburg Municipal Court, dated Feb­ruary 14, 2002.

 

(13)

Exhibit 10--Copy of Renewal Application for Pharmacist License Number 03-1-19236 of Mark Alan Moore dated July 7, 1998.

 

(14)

Exhibit 11--Copy of Renewal Application for Pharmacist License Number 03-1-19236 of Mark Alan Moore dated July 8, 1999.

 

 

Respondent's Exhibits:

 

(1)

Exhibit A1--Copy of Pharmacy Related Work History.

 

(2)

Exhibit A2--Copy of Discharge Summary from Allan Miller MS, PCC dated Febru­ary 6, 2002.

 

(3)

Exhibit A3--Copy of Turning Point Chemical Dependency Treatment Program Certificate of Achievement of Mark Moore dated February 6, 2002.

 

(4)

Exhibit A4--Copy of letter from Gayle M. Patterson, CPhT., dated February 20, 2002.

 

(5)

Exhibit A5--Copy of letter from Terri LeMaster CPht., dated February 20, 2002.

 

(6)

Exhibit A6--Copy of letter from Stephen A. Summers, R.Ph. dated February 20, 2002.

 

(7)

Exhibit A7--Copy of letter from Michael D. DiLullo, not dated.

 

(8)

Exhibit A8--Copy of letter from Jeff Abney, not 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 Mark Alan Moore was origi­nally licensed by the State of Ohio on February 28, 1992, pursuant to examination, and that his license to practice pharmacy in Ohio was summarily suspended effec­tive January 9, 2002.

 

(2)

Mark Alan Moore is addicted to the use of controlled substances, to wit: Mark Alan Moore admitted to a State Board of Pharmacy agent that he was addicted; Mark Alan Moore has admittedly stolen hydrocodone 7.5mg with APAP 500mg, a Schedule III controlled substance; and Mark Alan Moore has admitted to forging Pyxis machine records to cover for his thefts.

 

(3)

Mark Alan Moore did, from October 2, 2001 through December 17, 2001, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Miami Valley Hospital, beyond the express or implied consent of the owner and/or by deception, to wit: Mark Alan Moore stole 295 tablets of hydro­codone 7.5mg with APAP 500mg, a Schedule III controlled substance, by indicating that the drugs were outdated.  Such conduct violates Section 2913.02 of the Ohio Revised Code.

 

(4)

Mark Alan Moore did, from October 2, 2001 through December 17, 2001, make and/or knowingly make a false statement in records required to be kept by Chap­ters 3719. and 4729. of the Ohio Revised Code, to wit: Mark Alan Moore falsely indicated on Pyxis records that drugs were outdated and destroyed them, when in fact Mark Alan Moore had stolen the drugs for his own consump­tion.  Such conduct violates Section 2925.23(A) of the Ohio Revised Code.

 

(5)

Mark Alan Moore did, on or about February 17, 1998, plead guilty and was con­victed of one count of Unauthorized Use Of Property, a misdemeanor of the fourth degree under Section 2913.04(A) of the Ohio Revised Code, Miami Township Police Department vs. Mark A. Moore , Case No. 97CRB12178-A, Miamisburg Municipal Court.

 

(6)

Mark Alan Moore did, on or about July 7, 1998, knowingly make a false state­ment with purpose to secure the issuance of a license or registration, to wit: Mark Alan Moore indicated on his pharmacist license renewal application that he had not been charged with a crime when in fact he had been convicted of Unauthorized Use Of Property, a misdemeanor of the fourth degree under Section 2913.04(A) of the Ohio Revised Code.  Such conduct is in violation of Section 2921.13 of the Ohio Revised Code.

 

(7)

Mark Alan Moore did, on or about July 8, 1999, knowingly make a false state­ment with purpose to secure the issuance of a license or registration, to wit: Mark Alan Moore indicated on his pharmacist license renewal application that he had not been charged with a crime when in fact he had been convicted of Unauthorized Use Of Property, a misdemeanor of the fourth degree under Section 2913.04(A) of the Ohio Revised Code.  Such conduct is in violation of Section 2921.13 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 (7) 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 (7) 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 paragraph (4) 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 Mark Alan Moore on January 9, 2002.

 

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. 03-1-19236, held by Mark Alan Moore effective as of the date of the mailing of this Order.

 

(A)

Mark Alan Moore, 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)

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

 

Further, after one year from the effective date of this Order, the Board will consider any petition filed by Mark Alan Moore 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)

Mark Alan Moore 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)

Mark Alan Moore must demonstrate satisfactory proof to the Board 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)

Mark Alan Moore 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, Mark Alan Moore must show successful completion of the NAPLEX exami­nation or an equivalent examination approved by the Board.

 

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

MOTION CARRIED.

SO ORDERED.

 

 

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

  5:32 p.m.

 

 

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

 

PER DIEM

 

01/14

 

03/04

 

03/05

 

Total

Abele

 

1

 

1

 

1

 

3

Adelman

 

-

 

1

 

1

 

2

Braylock

 

-

 

1

 

1

 

2

Eastman

 

-

 

1

 

1

 

2

Giacalone

 

-

 

1

 

1

 

2

Lipsyc

 

-

 

1

 

1

 

2

Kost

 

-

 

1

 

1

 

2

Teater

 

-

 

1

 

1

 

2

Turner

 

-

 

1

 

1

 

2

 

 

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

  5:33 p.m.

 

 

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

  5:47 p.m.

 

RES. 2002-152

The Executive Session ended and the meeting was opened to the public.  Mr. Giacalone moved that the Board issue the following Order in the matter of Robert Frank Tschinkel, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-011015-017)

 

In The Matter Of:

 

ROBERT FRANK TSCHINKEL, R.Ph.

2377 Hudson Aurora Road

Hudson, Ohio 44236

(R.Ph. No. 03-1-10969)

 

INTRODUCTION

 

THE MATTER OF ROBERT FRANK TSCHINKEL CAME FOR HEARING ON MARCH 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.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

 

ROBERT FRANK TSCHINKEL 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)

None

 

 

Respondent's Witnesses:

 

(1)

Robert Frank Tschinkel, R.Ph., Respondent

 

(2)

Harold Schwartz, R.Ph.

 

(3)

Ted Scott Jordan

 

(4)

Todd Jaros, R.Ph.

 

(B)

Exhibits

 

 

State's Exhibits:

 

(1)

Exhibit 1--Hearing Request letter from John R. Irwin, M.D. dated October 12, 2001; copy of seven-page Order of the State Board of Pharmacy in the matter of Robert Frank Tschinkel, Docket No. D-991214-038, effective May 4, 2000.

 

(2)

Exhibit 1A--Copy of Hearing Schedule letter dated October 15, 2001.

 

(3)

Exhibit 1B--Copy of Ohio Pharmacist Computer Record of Robert Frank Tschinkel.

 

(4)

 

 

(5)

Exhibit 3--Copy of Loss Prevention Report re Bob Tschinkel dated September 9, 1999.

 

(6)

 

 

(7)

 

 

(8)

 

 

(9)

 

 

(10)

 

 

(11)

Exhibit 9--Copy of seven-page Order of the State Board of Pharmacy in the matter or Robert Frank Tschinkel, R.Ph., Docket No. D-991214-038, effective May 4, 2000.

 

 

Respondent's Exhibits:

 

(1)

Exhibit A--Two report letters from Francoise Adan, M.D. dated May 17, 2000 and March 4, 2002.

 

(2)

Exhibit B--Copy of two-page Pharmacist’s Recovery Contract of Bob Tschinkel dated May 21, 2000.

 

(3)

Exhibit C--Report letter from Michael G. McKee, Ph.D. dated February 4, 2002.

 

(4)

Exhibit D--Two-page report letter from Joseph P. Frolkis, M.D., Ph.D., F.A.C.P. dated December 5, 2001.

 

(5)

Exhibit E--Certificate of Completion and twelve pages of Glenbeigh Outpatient Center Aftercare Progress Reports re Robert Tschinkel dated from March 17, 200 to December 12, 2000.

 

(6)

Exhibit F--Fifty-six pages of drug screens reports for specimens collected from Robert Tschinkel from December 9, 1999 to January 25, 2002.

 

(7)

Exhibit G--Creatinine analysis report letter from Joseph P. Frolkis, M.D., Ph.D., F.A.C.P. dated September 21, 2000; Creatinine Drug Testing Fact Sheet from Web page "www.urban75.com/Drugs/testing2.html" dated January 5, 2001.

 

(8)

Exhibit H--Copy of prescription for Robert Tschinkel dated February 27, 2002; Copy of three pages of Cleveland Clinic Foundation Department of Otolaryn­gology records of Robert Tschinkel  dated from October 6, 2000 to October 19, 2000.

 

(9)

Exhibit I--Thirty-seven pages of support group attendance records dated from March 8, 2000 to March 4, 2002.

 

(10)

Exhibit J--Thirty pages of Continuing Pharmacy Education Certificates dated from September 2, 1999 to February 4, 2002.

 

(11)

Exhibit K--Thirteen pages of letters from the following:  George F. Tschinkel, not dated; Jeffrey Czuba dated January 4, 2002; Joseph N. Gioiello dated January 7, 2002; Robert J. Garrity dated January 25, 2002; Jay S. Belcher, R.Ph. dated January 26, 2002; Robert J. Dougherty, R.Ph. dated February 2, 2002; George L. Plataz dated February 12, 2002; Daniel H. Tedick dated February 12, 2002; Elizabeth M. Hartranft dated February 15, 2002; Emil Dontenville, R.Ph. dated February 21, 2002; Christine Spiroch, Ph.D., PA-C dated February 24, 2002; Andrew Kish dated February 26, 2002; and Ted Scott Jordan dated March 2, 2002.

 

(12)

Exhibit L--

 

 

 

Copy of Waiver of Indictment With Counsel, State of Ohio vs. Robert F. Tschinkel, Case No. 388735, Cuyahoga County Common Pleas Court, not dated; Copy of Glenbeigh Continuing Recovery Plan of Robert Tschinkel dated December 15, 1999; Copy of Glenbeigh Continuing Care Progress Report re Robert Tschinkel dated March 24, 2000; Copy of Pharmacist’s Recovery Contract of Bob Tschinkel dated December 8, 1999, and an updated copy of the same Pharmacist's Recovery Contract; Copy of five pages of support group attendance records dated from November 10, 1999 to April 1, 2000; Copy of eight pages of drug screens reports for specimens collected from Robert Tschinkel between December 9, 1999 and March 22, 2000; Copies of eight letters from the following: Scott Jordan dated April 3, 2000; Anonymous dated April 3, 2000; Michael Bukach, R.Ph. dated April 2, 2000; Christine R. Spiroch, Ph.D., PA-C dated April 1, 2000; Daniel H. Tedick dated March 29, 2000; Dennis and Patricia Macko, not dated; S. M. Conroy dated April 2, 2000; and Thomas F. Tschinkel dated April 1, 2000.; Copy of resumé of Robert F. Tschinkel; Copy of GAC Certificate of Appreciation for Robert Tschinkel dated March 1993; Copy of six pages of Continuing Pharmacy Education Certificates dated from September 2, 1999 to March 14, 2000.

 

 

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 Robert Frank Tschinkel has complied with the terms set forth in the Order of the State Board of Pharmacy, Docket No. D-991214-038, effective May 4, 2000.

 

ACTION OF THE BOARD

 

On the basis of the Finding of Fact set forth above, the State Board of Pharmacy hereby approves the reinstatement of the pharmacist identification card, No. 03-1-10969, held by Robert Frank Tschinkel to practice pharmacy in the state of Ohio and places Robert Frank Tschinkel on probation for five years from the date the identification card is issued, with the following conditions:

 

(A)

Robert Frank Tschinkel 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 year 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)

Robert Frank Tschinkel 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 Robert Frank Tschinkel's progress towards recovery and what Mr. Tschinkel has been doing during the previous three months.

 

(C)

Robert Frank Tschinkel must continue and abide by the treatment plan as designed by his psychiatrist or psychologist.  The psychiatrist or psychologist must provide a status report, which includes the recommended treatment plan, to the Board every 6 months until probation is completed or Mr. Tschinkel is released by the psychiatrist or psychologist.

 

(D)

Other terms of probation are as follows:

 

 

(1)

Robert Frank Tschinkel must work with another pharmacist for two years from the effective date of this Order.

 

 

(2)

Robert Frank Tschinkel may not work in a pharmacy more than forty hours per week for a period of two years from the effective date of this Order.

 

 

(3)

The State Board of Pharmacy hereby declares that Robert Frank Tschinkel'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.

 

 

(4)

Robert Frank Tschinkel may not serve as a responsible pharmacist.

 

 

(5)

Robert Frank Tschinkel may not destroy, assist in, or witness the destruc­tion of controlled substances.

 

 

(6)

Robert Frank Tschinkel must abide by the contract from the treat­ment provider and any violation must be reported to the Board immediately.

 

 

(7)

Robert Frank Tschinkel must not violate the drug laws of the State of Ohio, any other state, or the federal government.

 

 

(8)

Robert Frank Tschinkel must abide by the rules of the State Board of Pharmacy.

 

 

(9)

Robert Frank Tschinkel must comply with the terms of this Order.

 

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

 

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

MOTION CARRIED.

SO ORDERED.

 

 

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

  5:49 p.m.

 

 

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

 

 

 

THE BOARD APPROVED THESE MINUTES

APRIL 9, 2002