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

May 6, 7, 8, 2002

 

MONDAY, MAY 6, 2002

 

  9:07 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.

  9:09 a.m.

 

 

Mr. Turner moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code 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 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, Teater-Yes, and Turner-Yes.

11:45 a.m.

 

RES. 2002-169

The Executive Session ended and the meeting was opened to the public.  Mr. Giacalone moved that the Board continue the hearing in the matter of PetMed Express until the June Board meeting to allow the respondent to consider the Board's proposed changes to the settlement offer made in this matter.  The motion was seconded by Mrs. Adelman and approved by the Board (Aye-8/Nay-0).

12:00 p.m.

 

 

The meeting was recessed for lunch.

  1:15 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 Michael Scott Gladieux, R.Ph., Perrysburg.

  4:12 p.m.

 

 

The hearing ended and the record was closed.

  4:22 p.m.

 

 

The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of creating a record in the matter of Susan Elizabeth Zorn, R.Ph., Pinehurst, NC in accordance with Ohio Revised Code Chapters 119. and 4729.

  4:32 p.m.

 

 

The record in the matter of Susan Elizabeth Zorn, R.Ph. was closed.

  4:33 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. 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.

  4:40 p.m.

 

RES. 2002-170

The Executive Session ended and the meeting was opened to the public.  Mr. Turner moved that the Board issue the following Order in the matter of Susan Elizabeth Zorn, R.Ph:

 

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-020306-043)

 

In The Matter Of:

 

SUSAN ELIZABETH ZORN, R.Ph.

30 Baltusrol Lane

Pinehurst, North Carolina 28374

 

 

INTRODUCTION

 

THE MATTER OF SUSAN ELIZABETH ZORN CAME FOR CONSIDERATION ON MAY 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.; 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.

 

 

SUSAN ELIZABETH ZORN WAS NOT PRESENT NOR WAS SHE REPRESENTED BY COUNSEL.  THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

 

SUMMARY OF EVIDENCE

State’s Witnesses:

1.  Timothy J. Benedict, R.Ph., Ohio State Board of Pharmacy

 

Respondent's Witnesses:

None

 

 

State's Exhibits:

1.  Proposal to Deny/Notice of Opportunity for a Hearing letter  [03-06-2002]

2.  NABP Official Application for Transfer of Pharmaceutic Licensure of Susan Elizabeth Zorn and copy of Official Check #70645239  [01-29-2002]

3.  NABP Notification of Disciplinary Action regarding Susan Elizabeth Zorn  [02-06-2002]

4.  Findings of Fact, Conclusions of Law and Order, State of Indiana v. Susan E. Zorn, R.Ph., Indiana State Board of Pharmacy Cause No. 90-IBP-008  [12-04-1997]

5.  Decision and Order/Statement of the Case, In the Matter of Susan E. Zorn, R.Ph., Massachusetts Board of Registration In Pharmacy Docket No. PH-91-072  [08-07-1991]

6.  Consent Order, In the Matter of Susan Zorn, North Carolina Board of Pharmacy  [01-16-2002]

 

 

Respondent's Exhibits:

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 March 6, 2002, Susan Elizabeth Zorn was notified by letter of her right to a hearing, her rights in such hearing, and her right to submit any contentions in writing.

 

 

(2)  As demonstrated by return receipt of March 8, 2002, Susan Elizabeth Zorn received the letter of March 6, 2002, informing her of the allegations against her, and her rights.

 

 

(3)  Susan Elizabeth Zorn has not responded in any manner to the letter of March 6, 2002, and has not requested a hearing in this matter.

 

 

(4)  Susan Elizabeth Zorn is a registered pharmacist in the states of Indiana, Massachusetts, and North Carolina, and on or about January 31, 2002, Susan Elizabeth Zorn applied for reciprocal registration as a pharmacist by the State of Ohio.

 

 

(5)  Susan Elizabeth Zorn's license to practice pharmacy in the state of Indiana was, on or about May 7, 1990, suspended due to her thefts of controlled sub­stances for her own abuse.  Susan Elizabeth Zorn's license was subsequently reinstated and placed on a period of probation.  Such action indicates that Susan Elizabeth Zorn is not of good moral character and habits and/or that Susan Elizabeth Zorn has been disciplined by a board of pharmacy within the meaning of Rule 4729-5-04 of the Ohio Administrative Code; and, that Susan Elizabeth Zorn is guilty of a felony or gross immorality and/or guilty of dishonesty or unprofes­sional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code.

 

 

(6)  Susan Elizabeth Zorn's license to practice pharmacy in the state of Massachu­setts was, on or about August 7, 1991, placed on probation due to the action of the State of Indiana and due to Susan Elizabeth Zorn's addiction to controlled substances.  Such action indicates that Susan Elizabeth Zorn is not of good moral character and habits and/or that Susan Elizabeth Zorn has been disciplined by a board of pharmacy within the meaning of Rule 4729-5-04 of the Ohio Administra­tive Code.

 

 

CONCLUSIONS OF LAW

 

(1)  The State Board of Pharmacy concludes that paragraph (5) of the Findings of Fact constitutes being guilty of a felony and gross immorality as provided in Divi­sion (A)(1) of Section 4729.16 of the Ohio Revised Code.

 

 

(2)  The State Board of Pharmacy concludes that paragraphs (4) and (5) of the Findings of Fact constitute being guilty of dishonesty and unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code.

 

 

(3)  The State Board of Pharmacy concludes that paragraphs (5) and (6) of the Findings of Fact constitutes being addicted to or abusing liquor or drugs as provided in Division (A)(3) of Section 4729.16 of the Ohio Revised Code and paragraph (D) of Rule 4729-5-04 of the Ohio Administrative Code.

 

 

(4)  The State Board of Pharmacy concludes that paragraphs (5) and (6) of the Findings of Fact constitute not being of good moral character and habits as provided in paragraph (C) of Rule 4729-5-04 of the Ohio Administrative Code.

 

 

(5)  The State Board of Pharmacy concludes that paragraphs (5) and (6) of the Findings of Fact constitute having been disciplined by any board of pharmacy as provided in paragraph (F) of Rule 4729-5-04 of the Ohio Administrative Code.

 

 

DECISION OF THE BOARD

 

Pursuant to Sections 4729.09 and 4729.16 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 Official Application for Transfer of Pharmaceutic Licen­sure sub­mitted by Susan Elizabeth Zorn on January 31, 2002.

 

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. 2002-171

Mr. Turner then moved that the Board issue the following Order in the matter of Michael Scott Gladieux, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-020104-028)

 

In The Matter Of:

 

MICHAEL SCOTT GLADIEUX, R.Ph.

7195 Winding Brook Road

Perrysburg, Ohio 43551

(R.Ph. No. 03-1-19036)

 

 

INTRODUCTION

 

THE MATTER OF MICHAEL SCOTT GLADIEUX CAME FOR HEARING ON MAY 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.; 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.

 

 

MICHAEL SCOTT GLADIEUX WAS REPRESENTED BY RICHARD A. PAPURT AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

 

SUMMARY OF EVIDENCE

State’s Witnesses:

None

 

Respondent's Witnesses:

1.  Michael Scott Gladieux, R.Ph., Respondent

2.  Virginia M. Gladieux

3.  Michael D. Quigley

 

 

State's Exhibits:

1.  Hearing Request for Reinstatement letter from Michael S. Gladieux  [12-31-2001]

1A-1C.  Procedurals

2.  Order of the State Board of Pharmacy In Re Michael Scott Gladieux  [10-06-2000]

2A.  Order of the State Board of Pharmacy In Re Michael Scott Gladieux  [11-07-2001]

3.  Accountability Statement for Hydrocodone/APAP 5/500 [05-03-1999 to 02-11-2000]

4.  Accountability Statement for Hydrocodone/APAP 7.5/750  [05-03-1999 to 02-11-2000]

5.  Accountability Statement for Hydrocodone/APAP 10/500  [05-03-1999 to 02-11-2000]

6.  Accountability Statement for Hydrocodone/APAP 10/650  [05-03-1999 to  02-11-2000]

7.  Accountability Statement for Vicodin ES  [05-03-1999 to 02-11-2000]

8.  Accountability Statement for Vicodin HP  [05-33-1999 to 02-11-2000]

9.  Accountability Statement for Hydrocodone/APAP 10/325  [08-03-1998 to 11-28-1999]

10.  Schedule Drug Worksheet, Store #115  [05-20-1999 to 02-24-2000]

11.  Schedule Drug Worksheet, Store #118  [05-07-1999 to 02-24-2000]

12.  Schedule Drug Worksheet, Store #117  [05-18-1999 to 02-24-2000]

13.  Schedule Drug Worksheet, Store #116  [05-14-1999 to 02-24-2000]

14.   Judgment Entry/Arraignment and Plea Order on Motion in Treatment in Lieu of Conviction, State of Ohio vs. Michael Gladiuex(sic), Case No. 00CR066, Wood County Common Pleas Court  [03-27-2000]

15.  Order, State of Ohio v. Michael Gladeiux, Case No. G-4801-CR-0200001708, Lucas County Common Pleas Court  [08-23-2000]

16.  Release and Wood County Hospital Urine Drug Screen Report  [02-10-2000]

 

 

Respondent's Exhibits:

A1-A4.  Recovery Progress letters from Jody C. Storer  [04-16-2002}; William J. Peters  [09-06-2000]; W.B. (Bill) Kunkle  [04-22-2002]; Freddie Jordan  [04-23-2002]

A5.  Treatment in Lieu of Conviction Termination Request for Michael Gladieux  [09-24-2001]

A6.  Letter from Ann M. Garcia  [04-02-2002]

A7-A8.  Judgment Entry/Order Terminating Intervention In Lieu, State of Ohio vs. Michael Gladieux, Case No. 00CR066, Wood County Common Pleas Court  [02-20-2002]

A9-A11.  Copy of pages 6-8, Order of the Board  [10-06-2000]

A12.  Copy of page 3, Order of the Board  [11-07-2001]

A13.  Hearing Schedule letter for Michael Scott Gladieux  [01-04-2002]

A14-15.  Promissory Note to Meijer, Inc. from Michael S. Gladieux  [not dated]

A16-A21.  Continuing Pharmaceutical Education Certificates  [02-01-2002 to 04-29-2002]

A22-A30.  Drug Screen Reports  [10-02-2001 to 04-23-2002]

A31-A44.  Support Group Attendance Records  [09-14-01 to 05-04-02

B1-B9.  Letters from Ginny Gladieux [not dated], Jody C. Storer [09-21-2001], Gary F. Gladieux, M.D. [09-26-2001], William F. Hayes [09-25-2001], Dolores Gladieux [not dated], Ann M. Garcia [09-13-2001 and 09-25-2001], W. B. (Bill) Kunkle, [09-24-2001], Freddie Jordan [09-26-2001]

B10-B12.  Copy of pages 6-8, Order of the Board  [10-06-2000]

B13-B14.  Pharmacist’s Recovery Contract of Michael Gladieux [01-07-2001]

B15-B29.  Continuing Pharmaceutical Education Certificates  [08-01-1997 to 07-10-2001]

B30-B36.  Drug Screen Reports  [02-10-2001 to 09-17-2001]

B37-B55.  Support Group Attendance Records  [03-04-2000 to 09-10-2001]

 

 

FINDING OF FACT

 

After having heard the testimony, observed the demeanor of the witnesses, considered the evidence, and weighed the credibility of each, the State Board of Pharmacy finds that Michael Scott Gladieux has complied with the terms set forth in the Order of the State Board of Pharmacy, Docket No. D-000307-049, effective October 6, 2000.

 

 

DECISION 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. 03-1-19036, held by Michael Scott Gladieux to practice pharmacy in the state of Ohio and places Michael Scott Gladieux on probation for five years from the date the identification card is issued, with the following conditions:

 

 

(A)  Michael Scott Gladieux 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)  Michael Scott Gladieux 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 Michael Scott Gladieux's progress towards recovery and what he has been doing during the previous three months.

 

 

(C)  Other terms of probation are as follows:

 

 

(1)  Michael Scott Gladieux must, within three months from the date the iden­tification card is issued, provide written documentation to the Board of his efforts for providing restitution to CVS/pharmacy #4434.

 

 

(2)  Michael Scott Gladieux must, with his probation report of April 2003, pro­vide written documentation to the Board of his total payments made to Meijer, Inc.

 

 

(3)  The State Board of Pharmacy hereby declares that Michael Scott Gladieux'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)  Michael Scott Gladieux may not serve as a responsible pharmacist.

 

 

(5)  Michael Scott Gladieux may not destroy, assist in, or witness the destruction of controlled substances.

 

 

(6)  Michael Scott Gladieux must abide by the contract from the treatment provider and any violation must be reported to the Board immediately.

 

 

(7)  Michael Scott Gladieux must not violate the drug laws of the State of Ohio, any other state, or the federal government.

 

 

(8)  Michael Scott Gladieux must abide by the rules of the State Board of Phar­macy.

 

 

(9)  Michael Scott Gladieux must comply with the terms of this Order.

 

 

Michael Scott Gladieux 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. Lipsyc and approved by the Board (Aye-8/Nay-0).

  4:43 p.m.

 

 

The meeting was recessed until Tuesday, May 7, 2002.

 

 

TUESDAY, MAY 7, 2002

 

  9:00 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.

 

 

The Board began to discuss the minutes of the April 8, 9, 10, 2002 meeting.

  9:12 a.m.

 

 

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

  9:36 a.m.

 

 

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

  9:37 a.m.

 

 

Mr. Lipsyc moved that the Board approve the minutes of the April 8, 9, 10, 2002 meeting as amended.  The motion was seconded by Mrs. Teater and approved by the Board (Aye-8/Nay-0).

 

 

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

 

 

Mr. Kost reported that the Nursing Board's Committee on Prescriptive Governance had not met.

 

 

Ms. Abele reported that the Nursing Board's Formulary Committee had not met and would be disbanded since the Pilot Program was being phased out.

 

 

There was no report about the Medical Board's Prescribing Committee.

 

 

Mr. McMillen presented his Licensing Report and discussed several issues with the Board.  There were no items requiring official action by the Board.

10:25 a.m.

 

 

The Board took a brief recess.

10:38 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 Debra Lynn Cooper-Nign, R.Ph., Mansfield.

11:29 a.m.

 

 

The hearing ended and the record was closed.  The Board recessed for lunch.

  1:00 p.m.

 

 

The Board convened with all members present 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.

 

RES. 2002-172

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. Braylock and approved by the Board (Aye-8/Nay-0).

 

 

ANTHONY BREW

03-2-25209

TENNESSEE

 

DAWN MICHELE CHANDLER-TOUFIELI

03-2-25117

TENNESSEE

 

JULIE KAY DAVIS

03-2-25076

NORTH CAROLINA

 

DONNA DEA DURFEE

03-2-24999

NEBRASKA

 

RUDOLPH ELMER GULSTRAND

03-2-25133

MINNESOTA

 

SAMANTHA S. HASAN

03-2-25107

NEW YORK

 

JAMES RICHARD LANG

03-2-25068

MICHIGAN

 

CHELSEY CINDRIC LINK

03-2-25099

ILLINOIS

 

OSITADINMA AMOBICHUKWU NWOKOLO

03-2-25170

MASSACHUSETTS

 

BIMAL C. PATEL

03-2-25140

NEW JERSEY

 

RAYMOND R. ROBSON III

03-2-25118

OKLAHOMA

 

SHELLEY THEIR SPAIN

03-2-25128

NEW YORK

 

FELICIA UDOJI

03-2-25210

TENNESSEE

 

ELLEN H. YANKELLOW

03-2-25085

MARYLAND

  1:24 p.m.

 

 

The Board reconvened in Room West-B&C on the 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 Bradley R. Laboe, R.Ph., Maumee.

  1:49 p.m.

 

 

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

  2:22 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 Vernon A. Infantino, R.Ph., Concord Township.

  4:23 p.m.

 

 

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

  4:36 p.m.

 

 

The meeting resumed.  Mr. Keeley discussed his Legislative Report with the Board.  There were no items requiring official action by the Board.

 

RES. 2002-173

Mr. Keeley then presented a request from Ohio Northern University for continuing approval of the immunization course taught to the pharmacy students.  After discussion, Ms. Eastman moved that the Board approve the course as presented with the expectation that any significant changes would be brought back for the Board's review.  The motion was seconded by Mr. Turner and approved by the Board (Aye-8/­Nay-0).

  5:17 p.m.

 

 

The meeting was recessed until Wednesday, May 8, 2002.

 

 

WEDNESDAY, MAY 8, 2002

 

  8:00 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.; Dorothy S. Teater, Public Member; and James E. Turner, R.Ph.

 

RES. 2002-174

Mr. Winsley presented a request from James Smetana, R.Ph. for Board approval of a alternate treatment provider.  After discussion, Mrs. Adelman moved that the Board approve Mr. Smetana's request to utilize a treatment provider in Utah.  The motion was seconded by Ms. Eastman and approved by the Board (Aye-7/Nay-0).

 

RES. 2002-175

After discussion, Mrs. Adelman moved that the Board approve Mr. Winsley's attendance at the NACDS Pharmacy & Technology Conference to be held August 10-14, 2002 in San Diego, California, that his expenses be paid by the Board, and that the time spent at the meeting be considered as time worked.  The motion was seconded by Mr. Giaca­lone and approved by the Board (Aye-7/Nay-0).

  8:15 a.m.

 

 

Board member Gregory Braylock arrived and joined the meeting in progress.

 

 

The Board members discussed the proposed resolutions and constitutional amend­ments to be considered at the 98th NABP Annual Meeting in Phoenix.  There were no items requiring official action by the Board.

  9:07 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 Michele M. Midlick, R.Ph., Columbus.

10:21 p.m.

 

 

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

10:32 p.m.

 

 

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

11:25 a.m.

 

RES. 2002-176

The Executive Session ended and the meeting was opened to the public.  Ms. Eastman moved that the Board adopt the following Order in the matter of Michele M. Midlick, R.Ph.:

 

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-010615-073)

 

In The Matter Of:

 

MICHELE M. MIDLICK, R.Ph.

4009 Estates Place

Columbus, Ohio 43224

(R.Ph. No. 03-2-11259)

 

 

INTRODUCTION

 

THE MATTER OF MICHELE M. MIDLICK CAME FOR HEARING ON MAY 8, 2002, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ANN D. ABELE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

 

 

MICHELE M. MIDLICK WAS REPRESENTED BY DANIEL D. CONNOR AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

 

SUMMARY OF EVIDENCE

State’s Witnesses

1.  Christopher K. Reed, Ohio State Board of Pharmacy

 

Respondent's Witnesses

1.  Michele M. Midlick, R.Ph., Respondent

 

 

State's Exhibits

1.  Notice of Opportunity for Hearing letter  [06-15-2001]

1A-1F.  Procedurals

1G.  Addendum Notice  [08-23-2001]

1H-1M.  Procedurals

2.  Letter from Dionne Ellefson    [02-13-2001]

3.  Statement by Jason Bockis, R.Ph.  [02-26-2001]

4.  Accountability Worksheet for Butalbital/APAP 50/325  [02-06-2001 to 02-13-2001]

5.  Accountability Worksheet for Fiorinal  [02-08-2001 to 02-13-2001]

6.  Accountability Worksheet for Butalbital/APAP/Caffeine  [02-08-2001 to 02-13-2001]

7.  Accountability Worksheet for Butalbital/ASA/Caffeine  [02-07-2001 to 02-13-2001]

8.  Indictment, State of Ohio vs. Michele M. Midlick, Case No.01-CR-08-4768, Franklin County Common Pleas Court  [08-17-2001]

 

Respondent's Exhibits

None

 

 

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 Michele M. Midlick was origi­nally licensed by the State of Ohio on August 4, 1975, pursuant to exami­nation, and is currently licensed to practice pharmacy in the state of Ohio.

 

 

(2)  Michele M. Midlick did, on or about February 5, 2001, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Drug Emporium, beyond the express or implied consent of the owner, to wit: Michele M. Midlick was observed stealing a product containing butalbital from the pharmacy while she was working.  Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

 

 

(3)  Michele M. Midlick did, from February 6, 2001, through February 10, 2001, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Drug Emporium, beyond the express or implied consent of the owner, to wit: Michele M. Midlick stole three unit doses of butalbital/APAP 50/325 from the pharmacy while she was working.  Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

 

 

(4)  Michele M. Midlick did, from February 10, 2001, through February 13, 2001, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Drug Emporium, beyond the express or implied consent of the owner, to wit: Michele M. Midlick stole three unit doses of Fiorinal from the phar­macy while she was working.  Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

 

 

(5)  Michele M. Midlick did, from February 8, 2001, through February 10, 2001, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Drug Emporium, beyond the express or implied consent of the owner, to wit: Michele M. Midlick stole thirty-two unit doses of butalbital/APAP/­caffeine from the pharmacy while she was working.  Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

 

 

(6)  Michele M. Midlick did, from February 10, 2001, through February 13, 2001, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Drug Emporium, beyond the express or implied consent of the owner, to wit: Michele M. Midlick stole thirty-one unit doses of butalbital/APAP/­caffeine from the pharmacy while she was working.  Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

 

 

(7)  Michele M. Midlick did, from February 13, 2001, through February 15, 2001, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Drug Emporium, beyond the express or implied consent of the owner, to wit: Michele M. Midlick stole five unit doses of butalbital/APAP/caffeine from the pharmacy while she was working.  Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

 

 

(8)  Michele M. Midlick did, on or about February 14, 2001, possess dangerous drugs when not in accordance with Chapter 4729. of the Ohio Revised Code, to wit: Michele M. Midlick was observed possessing, using (abusing), and/or placing in her pocket butalbital/APAP/caffeine when she did not have a prescription for the drug, either for herself or for any other patient.  Such conduct is in violation of Section 4729.51(C) (3) of the Ohio Revised Code.

 

 

(9)  Michele M. Midlick did, from February 6, 2001, through February 8, 2001, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Drug Emporium, beyond the express or implied consent of the owner, to wit: Michele M. Midlick stole twenty unit doses of butalbital/APAP/­caffeine from the pharmacy while she was working.  Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

 

 

(10)  Michele M. Midlick did, from February 6, 2001, through February 10, 2001, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Drug Emporium, beyond the express or implied consent of the owner, to wit: Michele M. Midlick stole three unit doses of Fiorinal from the phar­macy while she was working.  Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

 

 

(11)  Michele M. Midlick did, from February 7, 2001, through February 10, 2001, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Drug Emporium, beyond the express or implied consent of the owner, to wit: Michele M. Midlick stole three unit doses of butalbital/ASA/caffeine from the pharmacy while she was working.  Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

 

 

(12)  Michele M. Midlick did, from February 10, 2001, through February 13, 2001, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Drug Emporium, beyond the express or implied consent of the owner, to wit: Michele M. Midlick stole five unit doses of butalbital/ASA/caffeine from the pharmacy while she was working.  Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

 

 

CONCLUSIONS OF LAW

 

(1)  The State Board of Pharmacy concludes that paragraphs (2) through (7) and (9) through (12) of the Findings of Fact constitute being guilty of a felony as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code.

 

 

(2)  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)  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 as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

 

 

DECISION OF THE BOARD

 

Pursuant to Section 4729.16 of the Ohio Revised Code, and after consideration of the record as a whole, the State Board of Pharmacy hereby suspends indefinitely the phar­macist identification card, No. 03-2-11259, held by Michele M. Midlick and such suspen­sion is effective as of the date of the mailing of this Order.

 

 

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

 

 

Further, the Board will suspend the suspension and place Michele M. Midlick on probation for three years from the date her identification card to practice pharmacy is issued only after the following require­ments have been met:

 

 

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

 

 

(B)  Michele M. Midlick must provide, with her application for reinstatement, 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 Michele M. Midlick'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)  If reinstatement is not accomplished within three years of the effective date of this Order, Michele M. Midlick must show successful completion of the NAPLEX examination or an equivalent examination approved by the Board.

 

 

The terms of probation are as follows:

 

 

(A)  The treating psychiatrist or psychologist must submit written quarterly pro­gress reports to the Board (due January 10, April 10, July 10, and October 10 of each year of probation).

 

 

(B)  The State Board of Pharmacy hereby declares that Michele M. Midlick'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.

 

 

(C)  Michele M. Midlick may not serve as a responsible pharmacist.

 

 

(D)  Michele M. Midlick may not work in a pharmacy for more than forty hours per week.

 

 

(E)  Michele M. Midlick must not violate the drug laws of the state of Ohio, any other state, or the federal government.

 

 

(F)  Michele M. Midlick must abide by the rules of the State Board of Pharmacy.

 

 

(G)  Michele M. Midlick must comply with the terms of this Order.

 

 

Michele M. Midlick 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. Braylock and approved by the Board (Aye-8/Nay-0).

 

RES. 2002-177

Mr. Giacalone then moved that the Board adopt the following Order in the matter of Debra Lynn Cooper-Nign, R.Ph.:

 

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-020116-033)

 

In The Matter Of:

 

DEBRA LYNN NIGN (formerly COOPER), R.Ph.

375 Lexington Avenue

Mansfield, Ohio 44907

(R.Ph. No. 03-3-21795)

 

 

INTRODUCTION

 

THE MATTER OF DEBRA LYNN NIGN CAME FOR HEARING ON MAY 7, 2002 BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ANN D. ABELE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

 

 

DEBRA LYNN NIGN WAS NOT REPRESENTED BY COUNSEL AND THE STATE OF OHIO WAS REPRE­SENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

 

SUMMARY OF EVIDENCE

State’s Witnesses:

None

 

Respondent's Witnesses:

1.  Judith Nign

2.  Tom Foti, R.Ph.

3.  Debra Lynn Nign, R.Ph., Respondent

 

 

State's Exhibits:

1.  Hearing request letter from Debra L. Nign (Cooper), R.Ph.  [01-15-2002]

1A-1B.  Procedurals

2.  Order of the State Board of Pharmacy  [11-07-2001]

2A.  Rite Aid script for Stadol NS to Aaron Cooper  [03-02-2000]

3.  Printout for Rx #105238 for Stadol NS 10mg/ml spray for Aaron B. Cooper  [09-02-2000]

4.  Written Statement of Debra Cooper  [09-27-2000]

5.  Anthem Insurance Pharmacy Profile Report for Debra Cooper [10-24-1999 to 04-15-2000]

6.  Rite Aid #2411 Customer History Report for Debra L. Cooper [01-01-1997 to 09-27-2000]

7.  Medicine Shoppe-New Philadelphia Insurance Profile Printout for Debra L. Cooper [09-28-1999 to 09-28-2000]

8.  Rite Aid-New Carlisle Customer History Report for Debra Cooper [01-01-1999 to 12-31-1999]

9.  CVS/Revco #3457 Pharmacist's Statement Report for Debra Cooper [01-01-1999 to 04-24-2000]

10.  Drug Castle #8 Controlled Substance Audit Report for Stadol NS 10mg/ml spray [04-25-2000]

11.  Drug Castle #9 Medical Expenses Report for Debra Cooper and Controlled Substance Audit Report for Stadol NS 10mg/ml spray [01-01-1999 to 04-20-2000]

12.  Drug Castle #10 Controlled Substance Audit Report for Stadol NS 10mg/ml spray

13.  Rite Aid #2411 Customer History Report for Aaron B. Cooper [01-01-1997 to 09-27-2000]

14.  Letter from Daniel H. Brumfield, M.D.  [09-26-2000]

15.  Drug Castle-Huber Heights Report of Theft or Loss of Controlled Substances on DEA Form 106

16.  Indictment, State of Ohio vs. Debra L. Cooper, Case No. 2001-CR-05-0135, Tuscarawas County Common Pleas Court  [05-14-2001]

17.  Judgment Entry, State of Ohio vs. Debra L. Cooper, Case No. 2001-CR-05-0135, Tuscarawas County Common Pleas Court  [09-26-2001]

 

 

Respondent's Exhibits:

 

A.  PRO Pharmacist’s Recovery Contract for Debra L. Cooper [01-08-2001]; PRO Pharmacist’s Recovery Contract for Debra L. Nign  [12-15-2001]; Shepherd Hill Hospital Recovery Plan  [12-15-00]; Information and Schedule Pamphlet for P.R.O. Conference  [04-27,28-2002]

B.  Support Group Attendance Records  [12-15-2000 to 05-06-2002]

C.  Urine Drug Screen Reports  [02-01-2001 to 05-06-2002]

D.  Continuing Pharmaceutical Education Certificates  [04-29-01 to 04-28-02]

E.  Character and Support Letters  [03-22-2002 to 05-02-2002]  (sealed)

F.  Probation Records  [09-26-2001 to 04-11-2002]  (sealed)

G.  Restitution Records  [09-28-2001 to 05-06-2002]  (sealed)

 

 

FINDING OF FACT

 

After having heard the testimony, observed the demeanor of the witnesses, considered the evidence, and weighed the credibility of each, the State Board of Pharmacy finds that Debra Lynn Nign has complied with the terms set forth in the Order of the State Board of Pharmacy, Docket No. D-001003-012, effective November 7, 2001.

 

 

DECISION OF THE BOARD

 

On the basis of the Finding of Fact set forth above, the State Board of Pharmacy hereby approves the reinstatement of the pharmacist identification card, No. 03-3-21795, held by Debra Lynn Nign to practice pharmacy in the state of Ohio and places Debra Lynn Nign on probation for five years from the date the identification card is issued with the following conditions:

 

 

(A)  Debra Lynn Nign 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)  Stadol must be added to the standard urine drug screen.

 

 

(c)  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)  Debra Lynn Nign 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 Debra Lynn Nign's progress towards recovery and what she has been doing during the previous three months.

 

 

(C)  Other terms of probation are as follows:

 

 

(1)  The State Board of Pharmacy hereby declares that Debra Lynn Nign'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)  Debra Lynn Nign may not serve as a responsible pharmacist.

 

 

(3)  Debra Lynn Nign may not destroy, assist in, or witness the destruc­tion of controlled substances.

 

 

(4)   Debra Lynn Nign must abide by the contract from the treatment pro­vider and any violation must be reported to the Board immediately.

 

 

(5)   Debra Lynn Nign must not violate the drug laws of the State of Ohio, any other state, or the federal government.

 

 

(6)  Debra Lynn Nign must abide by the rules of the State Board of Phar­macy.

 

 

(7)   Debra Lynn Nign must comply with the terms of this Order.

 

 

Debra Lynn Nign 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. Turner and approved by the Board (Aye-8/Nay-0).

 

RES. 2002-178

Ms. Eastman then moved that the Board adopt the following Order in the matter of Bradley R. Laboe, R.Ph.:

 

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-011205-020)

 

In The Matter Of:

 

BRADLEY R. LABOE, R.Ph.

1800 Middlesbrough

Maumee, Ohio 43537

(R.Ph. No. 03-3-20077)

 

 

INTRODUCTION

 

THE MATTER OF BRADLEY R. LABOE CAME FOR HEARING ON MAY 7, 2002, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ANN D. ABELE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

 

 

BRADLEY R. LABOE WAS NOT PRESENT AND WAS NOT REPRESENTED BY COUNSEL.  THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

 

SUMMARY OF EVIDENCE

State’s Witnesses:

1.  Dale Fritz, Ohio State Board of Pharmacy

 

Respondent's Witnesses:

None

 

 

State's Exhibits:

1.  Copy of Summary Suspension Order/Notice of Opportunity for Hearing letter  [12-05-2001]

1A-1C.  Procedurals

1E-1G.  Procedurals

2.  Plastic bag containing 7 Oxy IR 5mg capsules, 5 Roxicet 5mg tablets, 4 Percocet 5mg tablets, and 1 Percocet 7.5mg tablets

3.  Plastic bottle containing 8 OxyContin 40mg tablets, 6 Carisoprodol 350mg tablets, 5 Nexium capsules, 2 Viagra 100mg tablets, 1 Vicodin ES tablet, 1 Ultram 50mg tablet, 1 Testred 10mg capsule, 1 Methyltestosterone 10mg tablet; 1 Provigil 200mg tablet, 1 Zyrtec tablet, 1 Percocet 5mg tablet

4-18.  Drug Audit Accountability Sheets for Percocet 5/325 and Oxycodone w/apap 5/325; Oxycodone w/apap 5/500; Percocet 10/650; Percocet 7.5/500; Concerta 36; Concerta 54; Oxy IR 5mg; Oxycontin 10mg; Oxycontin 20mg; Oxycontin 40mg; Provigil 100mg; Provigil 200mg; Xanax 0.50mg; Alprazolam 0.5mg; and Alprazolam 1mg  [06-09-2001 to 11-19-2001]

19.  Indictment, State of Ohio vs. Bradley R. Laboe, Case No.01-CR-375, Wood County Common Pleas Court  [03-21-2002]

20.  Complaint, State of Ohio vs. Bradley R. Laboe, Case No. CRB 0101334, Sylvania Municipal Court  [08-22-2001]

21.  Criminal Case Information printout for Bradley R. Laboe, Case No. CRB 0101334, Sylvania Municipal Court  [08-22-2001 to 09-10-2001]

22.  Incident Report re Bradley R. Laboe, Lucas County Sheriff's Office and Witness Statements by Ken Parman and Trisha A. Will  [08-22-2001]

 

Respondent's Exhibits:

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)  Records of the State Board of Pharmacy indicate that Bradley R. Laboe was origi­nally licensed by the State of Ohio on March 1, 1994, pursuant to examina­tion, and that his license to practice pharmacy in the state of Ohio was summarily suspended effective December 5, 2001.

 

 

(2)  Bradley R. Laboe did, on or about November 17, 2001, while employed as a phar­macist at The Medicine Shoppe Pharmacy, with purpose to deprive, know­ingly obtain or exert control over dangerous drugs, the property of The Medicine Shoppe Pharmacy, beyond the express or implied consent of the owner, to wit: Bradley R. Laboe stole 100 tablets of Oxy IR 5mg.  Such conduct violates Section 2913.02 of the Ohio Revised Code.

 

 

(3)  Bradley R. Laboe did, on or about November 21, 2001, while employed as a phar­macist at The Medicine Shoppe Pharmacy, with purpose to deprive, know­ingly obtain or exert control over dangerous drugs, the property of The Medicine Shoppe Pharmacy, beyond the express or implied consent of the owner, to wit: Bradley R. Laboe stole the following controlled substances which were located in his right front pants pocket after his arrest:  Oxy IR 5mg (7), Roxicet 5mg (5), Percocet 5mg (4), and Percocet 7.5mg (1).  Such conduct violates Section 2913.02 of the Ohio Revised Code.

 

 

(4)  Bradley R. Laboe did, on or about November 21, 2001, knowingly possess or use a controlled substance when not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: during a search of his vehicle by the Fostoria Police Department and agents of the Ohio Board of Pharmacy, Bradley R. Laboe was found in possession of, and attempting to hide, the following:

 

 

Drug

Schedule

Quantity

 

OxyContin 40 mg

II

8

 

Carisoprodol 350 mg

 

6

 

Nexium

 

5

 

Viagra 100 mg

 

2

 

Vicodin ES

III

1

 

Ultram 50 mg

 

1

 

Testred 10 mg

III

1

 

Methyltestosterone 10 mg

III

1

 

Provigil 200 mg

IV

1

 

Zyrtec

 

1

 

Percocet 5 mg

 

II

2

 

Such conduct violates Section 2925.11 of the Ohio Revised Code.

 

 

CONCLUSIONS OF LAW

 

(1)  The State Board of Pharmacy concludes that paragraphs (2) and (3) 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)  The State Board of Pharmacy concludes that paragraphs (2) through (4) of the Find­ings of Fact constitute being guilty of dishonesty and unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code.

 

 

(3)  The State Board of Pharmacy concludes that paragraphs (3) and (4) of the Findings of Fact constitutes being addicted to or abusing liquor or drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy as provided in Division (A)(3) of Section 4729.16 of the Ohio Revised Code.

 

 

(4)  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.

 

 

DECISION 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 Bradley R. Laboe on December 5, 2001.

 

 

Pursuant to Section 4729.16 of the Ohio Revised Code, after consideration of the record as a whole, the State Board of Pharmacy takes the following actions in the matter of Bradley R. Laboe:

 

 

(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. 03-3-20077, held by Bradley R. Laboe 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. 03-3-20077, held by Bradley R. Laboe 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. 03-3-20077, held by Bradley R. Laboe 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. 03-3-20077, held by Bradley R. Laboe effective as of the date of the mailing of this Order.

 

 

Pursuant to Section 4729.16(B) of the Ohio Revised Code, Bradley R. Laboe 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. Kost and approved by the Board (Aye-5/Nay-3).

 

RES. 2002-179

Mr. Braylock then moved that the Board adopt the following Order in the matter of Vernon A. Infantino, R.Ph.:

 

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-010405-057)

 

In The Matter Of:

 

VERNON A. INFANTINO, R.Ph.

4179 State Road

Akron, Ohio 44319

(R.Ph. No. 03-3-11610)

 

 

INTRODUCTION

 

THE MATTER OF VERNON A. INFANTINO CAME FOR HEARING ON May 7, 2002, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ANN D. ABELE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

 

 

VERNON A. INFANTINO WAS REPRESENTED BY GEORGE J. EMERSHAW AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

 

SUMMARY OF EVIDENCE

State’s Witnesses:

1.  Frank Bodi, Ohio State Board of Pharmacy

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

 

Respondent's Witnesses:

1.  Vernon A. Infantino, R.Ph., Respondent

2.  Vernon A. Infantino, Jr.

 

 

State's Exhibits:

1.  Summary Suspension Order/Notice of Opportunity For Hearing letter to Vernon A. Infantino  [04-05-2001]

1A-1H.  Procedurals

1I.  Addendum Notice to Vernon A. Infantino  [02-12-2002]

1J-N.  Procedurals

2. 

3. 

4.  Statement by Debbie Martins  [03-09-2001]

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

13.

14. 

15. 

16. 

17. 

18. 

19. 

20. 

21. 

22. 

23. 

24.  Statement by Judy Pugh, Lake County Narcotics Agency  [03-12-2001]

25. 

26. 

27. 

 

 

Respondent's Exhibits:

A1.  Work History/Education  Information Sheet for Vernon A. Infantino  [June 1976 to December 1999]

B. 

C.  PRO Pharmacist’s Recovery Contract for Vernon A. Infantino  [12-15-2001]

D1-D3.  Edwin Shaw Hospital Patient Progress Report, Discharge Report, and Continued Care Discharge Report for Vernon A. Infantino  [08-24-2001 to 11-26-2001]

E1.  Support Group Attendance Records  [08-14-2001 to 05-05-2002]

E2.  Brochure and payment receipt for PRO's 4th Annual Conference on Chemical Depend­ency in the Profession of Pharmacy  [04-28-2002]

F1-F5.  Chain of Custody and Request Forms  [12-20-2001 to 04-23-2002]

F6.  Letter from David L. Jackson, M.D.  [04-29-2002]

F7-F11.  Drug Screen Reports  [12-20-2001 to 03-13-2002]

G.  Calendar Color Key and calendar pages for years 2001 and 2002

H. 

I1-I3.  Letters of support for Vernon A. Infantino                                                                          Doug Potts [05-05-2002]; and Thomas A. Oswald  [05-01-2002]

J1-J7.  Continuing Pharmaceutical Education Certificates  [09-23-2001 to 12-31-2001]

K. 

 

 

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 Vernon A. Infantino was origi­nally licensed by the State of Ohio on August 4, 1976, pursuant to examina­tion, and that his license to practice pharmacy in the state of Ohio was summarily suspended effective April 5, 2001.  Records further reflect that during the rele­vant time periods stated herein Vernon A. Infantino was the Responsible Pharma­cist at CVS/pharmacy #4327 pursuant to Sections 4729.27 and 4729.55 of the Ohio Revised Code and Rule 4729-5-11 of the Ohio Administrative Code.

 

 

(2) 

 

 

 

 

 

 

 

 

 

 

(3) 

 

 

 

 

 

(4) 

 

 

(5) 

 

 

(6) 

 

 

(7) 

 

 

(8) 

 

 

(9)  .

 

 

CONCLUSIONS OF LAW

 

 

(1) 

 

 

(2)  Upon consideration of the record as a whole, the State Board of Pharmacy con­cludes that paragraphs (2) 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 (8) of the Findings of Fact constitutes being addicted to or abusing liquor and drugs and impaired physically or mentally to such a degree as to render him unfit to practice pharmacy as provided in Division (A)(3) of Sec­tion 4729.16 of the Ohio Revised Code.

 

 

(4)  Upon consideration of the record as a whole, the State Board of Pharmacy con­cludes that paragraphs (3) through (7) of the Findings of Fact constitute being guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapter 2925. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

 

 

DECISION 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 Vernon A. Infantino on April 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. 03-3-11610, held by Vernon A. Infantino and such suspension is effective as of the date of the mailing of this Order.

 

 

(A)  Vernon A. Infantino, 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)  Vernon A. Infantino, 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 Vernon A. Infantino 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)  Vernon A. Infantino 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)  Pemoline and alcohol must be added to the standard urine drug screen.  A Breath­alyzer may be used to test for alcohol, but the test must be conducted by an appropriately certified indivi­dual within twelve hours of notification.

 

 

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

 

 

(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)  Vernon A. Infantino 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)  Vernon A. Infantino 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 and alcohol 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.

 

 

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).

 

RES. 2002-180

Mr. Keeley presented a request from the Newark Healthcare Centre, Newark, Ohio for Board approval of their "Policy for Consult Agreements with Kindred Pharmacy – Worthington" pursuant to the requirements of Rule 4729-29-07 of the Administrative Code.  After discussion, Mr. Lipsyc moved that the Board approve this policy as sub­mitted.  The motion was seconded by Ms. Eastman and approved by the Board (Aye-8/­Nay-0).

 

RES. 2002-181

Mr. Braylock moved that the Board approve the following rules for final filing with an implementation date of June 1, 2002.  The motion was seconded by Mrs. Adelman and approved by the Board (Aye-8/Nay-0).

 

 

COMPRESSED MEDICAL GAS GASES

[Chapter 4729-21 of the Ohio Administrative Code]

 

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.

 

 

(c)

The proper installation of cryogenic vessels including at least the following:

 

 

(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.

11:48 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 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 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.

12:05 p.m.

 

RES. 2002-182

The Executive Session ended and the meeting was opened to the public.  The Board elected officers for FY 2003 (July 1, 2002-June 30, 2003) with the following results:

 

President: Diane Adelman

Vice-President: Robert Giacalone

12:11 p.m.

 

 

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

 

 

 

PER DIEM

5/6

5/7

5/8

Total

 

 

 

 

Abele

1

1

1

3

 

 

 

 

Adelman

1

1

1

3

 

 

 

 

Braylock

1

1

1

3

 

 

 

 

Eastman

1

1

1

3

 

 

 

 

Giacalone

1

1

1

3

 

 

 

 

Lipsyc

1

1

1

3

 

 

 

 

Kost

1

1

1

3

 

 

 

 

Teater

1

1

1

3

 

 

 

 

Turner

1

1

1

3

 

 

 

 

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

12:12 p.m.

 

 

Mr. Lipsyc moved that the meeting be adjourned.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

 

 

THE BOARD APPROVED THESE MINUTES

JUNE 4, 2002