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

June 3, 4, 5, 2002

 

MONDAY, JUNE 3, 2002

 

10:05 a.m.

ROLL CALL

 

The State Board of Pharmacy convened in Room East-B, 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.; 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.

10:07 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 Mr. Braylock and a roll call vote was conducted by President Abele as follows: Adelman-Yes, Braylock-Yes, Giacalone-Yes, Kost-Yes, Teater-Yes, and Turner-Yes.

10:08 a.m.

 

 

Board Member Suzanne R. Eastman, R.Ph. arrived and joined the Executive Session in progress.

11:19 a.m.

 

RES. 2002-183

The Executive Session ended and the meeting was opened to the public.  Ms. Eastman moved that the Board reject the settlement offer received in the matter of PetMed Express.  The motion was seconded by Mr. Turner and approved by the Board (Aye-7/­Nay-0).

 

 

President Abele, Mr. Winsley, and the other Board members who had attended the NABP Annual Meeting in Phoenix, Arizona discussed the results of the meeting.  There were no items requiring official action by the Board.

11:56 a.m.

 

 

The meeting was recessed for lunch.

  1:02 p.m.

 

 

The meeting resumed with all members present except Nathan Lipsyc.  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 Patrica Ann Flack, R.Ph., Springfield.

  3:55 p.m.

 

 

The hearing ended and the record was closed.  The Board recessed until the next hear­ing.

  4:20 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 M. Fraulini, R.Ph., Portsmouth.

  6:17 p.m.

 

 

The hearing ended and the record was closed.  The meeting recessed until Tuesday, June 4, 2002.

 

 

TUESDAY, JUNE 4, 2002

 

  8:52 a.m.

ROLL CALL

 

The State Board of Pharmacy convened in Room East-B, 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.; Dorothy S. Teater, Public Member; and James E. Turner, R.Ph.

  9:05 a.m.

 

 

After discussion, Mr. Braylock moved that the Board approve the minutes of the May 6, 7, 8, 2002 meeting as amended.  The motion was seconded by Mrs. Teater and approved by the Board (Aye-7/Nay-0).

  9:10 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 Kevin M. Riley, R.Ph., Kokomo, Indiana.

10:06 a.m.

 

 

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

10:24 a.m.

 

RES. 2002-184

Mr. Benedict presented a request from John L. Hanna, R.Ph. for a continuation of an exemption to Rule 4729-5-11 (Responsible pharmacist) for the following locations:

Adena Regional Medical Center (02-0041000)

Greenfield Area Medical Center (02-0041250)

 

 

After discussion, Mrs. Adelman moved that the Board approve the request for a contin­uation of the exemption for a four-month period.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-7/Nay-0).

 

RES. 2002-185

The Board next discussed a request from two hospital pharmacies in Northeast Ohio for an exemption to Rule 4729-5-10 (Pick-up station) so that patient-specific prescriptions for Total Parenteral Nutrition (TPN) could be filled at Central Admixture Pharmacy Services (02-1312700) and delivered to the individual hospital pharmacies for administration to patients at the hospital.  After discussion, Mr. Giacalone moved that the Board approve the requests from the following hospital pharmacies due to the need for involvement by a health care professional in the patient’s drug therapy [OAC Rule 4729-5-10(B)(5)(b)].

EMH Regional Medical Center Pharmacy (02-0029000)

Amherst Hospital Pharmacy (02-0035400)

 

 

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

 

 

The Board discussed information received concerning the meeting of the Nursing Board's Committee on Prescriptive Governance.  Mr. Kost was unable to attend as he was at the NABP Annual Meeting in Phoenix.

 

 

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

 

 

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

11:29 a.m.

 

 

Ms. Eastman moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code.  The motion was seconded by Mrs. Adelman 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.

11:37 a.m.

 

RES. 2002-186

The Executive Session ended and the meeting was opened to the public.  Mr. Braylock moved that the Board accept the revised settlement offer presented in the matter of PetMed Express.  The motion was seconded by Mrs. Adelman and approved by the Board (Aye-7/Nay-0).  The settlement agreement will become final after it is signed by all of the parties involved.

11:38 a.m.

 

 

The Board recessed for lunch.

  1:00 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 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.; Dorothy S. Teater, Public Member; and James E. Turner, R.Ph.

 

RES. 2002-187

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-7/Nay-0).

 

 

WILLIAM AUSTIN BANKS

03-2-25333

NEW JERSEY

 

BRUCE DAVID CORNRICH

03-2-25294

PENNSYLVANIA

 

 

ELIZABETH ANN COWETT

03-2-25259

MAINE

 

 

ANGELA ANDREA GAROFALO

03-2-25297

MASSACHUSETTS

 

 

ANNUNZIATO GAROFALO

03-2-25298

MASSACHUSETTS

 

 

BUFFIE SLOAN GNEGY

03-2-25235

SOUTH CAROLINA

 

 

CHARISSA PALMER GREGORY

03-2-25095

KENTUCKY

 

 

RONDEY LEE HOLDERMAN

03-2-25309

INDIANA

 

 

MARK JUSTIN JOHANNIGMAN

03-2-25231

INDIANA

 

 

TAE W. KIM

03-2-25221

WASHINGTON

 

 

VINCENT ROBERT LEAFERS

03-2-25207

MICHIGAN

 

 

PINKAL P. PATEL

03-2-25337

VIRGINIA

 

 

LISA ANN SCHULTZ

03-2-25224

INDIANA

 

 

ELIZABETH RUTH SHADIS

03-2-25086

VIRGINIA

 

 

HENRY JOHN WIELGOSZ

03-2-25293

ILLINOIS

 

 

ANGELA KAY YOHO

03-2-25152

WEST VIRGINIA

 

  1:25 p.m.

 

 

The Board reconvened in Room East-B, 31st Floor, to continue the Board meeting.  Ms. Eastman moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code.  The motion was seconded by Mrs. Teater 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.

  2:15 p.m.

 

RES. 2002-188

The Executive Session ended and the meeting was opened to the public.  Mr. Kost moved that the Board adopt the following Order in the matter of Kevin M. Riley, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-020128-034)

 

In The Matter Of:

 

KEVIN M. RILEY, R.Ph.

3862 W 1400 S

Kokomo, Indiana 46901

(R.Ph. No. 03-3-18795)

 

 

INTRODUCTION

 

THE MATTER OF KEVIN M. RILEY CAME FOR HEARING ON JUNE 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.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

 

 

KEVIN M. RILEY 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.  Kevin M. Riley, R.Ph., Respondent

2.  Susan Riley

 

 

State’s Exhibits

1.  Copy of Reinstatement Hearing Request letter from Kevin M. Riley  [01-24-2002]

1A-1B.  Procedurals

2.  State Board of Pharmacy Order in re Kevin M. Riley, R.Ph.  [04-24-1997]

3.  State Board of Pharmacy Order in re Kevin M. Riley, R.Ph.  [03-15-1996]

4.  Hearing Notice, State of Indiana v. Kevin Riley, R.Ph., Cause No. 2002 IBP 002, Indiana Board of Pharmacy  [02-21-2002]

4A.  Findings of Fact, Conclusions of Law and Order, State of Indiana v. Kevin Riley, R.Ph., Cause No. 2002 IBP 002, Indiana Board of Pharmacy  [03-19-2002]

5.  Thriftway-63 Pharmacist's Statement (Patient Profile) of Kevin Riley  [01-01-1994 thru 01-30-1995]

5A.  Thriftway-63 Pharmacist's Statement (Patient Profile) of Amanda Riley  [01-01-1994 thru 01-30-1995]

5B.  Thriftway-63 Pharmacist's Statement (Patient Profile) of Heather Riley  [01-01-1994 thru 01-30-1995]

5C.  Thriftway-63 Pharmacist's Statement (Patient Profile) of Marlene Riley  [01-01-1994 thru 01-30-1995]

6.  Offense Report and Investigative Report by John W. Osborne re Kevin M. Riley  [02-01-1995]

7.  Report by Specialist George Rudemiller, Cincinnati Police Division, Pharmaceutical Diver­sion Unit  [02-01-1995]

8.  Statement by Kevin M. Riley  [02-03-1995]

9.  Letter from John W. Osborne to Kevin M. Riley  [02-10-1995]

10.  Indictment for Deception To Obtain A Dangerous Drug, State of Ohio vs. Kevin M. Riley, Case No. 95-CR-005064, Clermont County Common Pleas Court  [03-01-1995]

11.  Written Plea of Guilty, State of Ohio vs. Kevin M. Riley, Case No. 95-CR-005064, Clermont County Common Pleas Court  [04-19-1995]

12.  Judgement Entry Sentencing Defendant, Suspending Sentence and Granting Proba­tion, State of Ohio vs. Kevin M. Riley, Case No. 95-CR-005064, Clermont County Common Pleas Court  [05-22-1995]

13.  Mandatory Fine Entry, State of Ohio vs. Kevin M. Riley, Case No. 95-CR-005064, Clermont County Common Pleas Court  [05-22-1995]

14.  Entry Mitigating Mandatory Fine, State of Ohio vs. Kevin M. Riley, Case No. 95-CR-005064, Clermont County Common Pleas Court  [12-05-1995]

 

 

Respondent's Exhibits

A.  Continuing Pharmaceutical Education Certificates  [01-13-2001 to 06-03-2002]

B.  State of Pennsylvania Pharmacist License of Kevin Mark Riley, License No. RP034826L, Expires 09-30-2002; and State of Indiana Pharmacist License of Kevin M. Riley, License No. 26017192A, Expires 06-30-2002

 

C.  Indiana State Police Limited Criminal History re Kevin Riley  [03-07-2002]

D.  Letters of support for Kevin M. Riley from Randall S. Miller, R.Ph.  [03-01-2002]; Sean P. Kinney  [03-08-2002]; William J. Netkowicz  [03-08-2002]; and Terry Beckemeyer  [02-18-2002]

E.  Copy of money order and certified mail receipt for restitution to Thriftway [05-31-2002]; copy of Continuing Pharmaceutical Education Certificate  [04-26-2001]

 

 

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 Kevin M. Riley has complied with the terms set forth in the Order of the State Board of Pharmacy, Docket No. D-950613-066, effective March 15, 1996.

 

 

DECISION OF THE BOARD

 

After consideration of the record as a whole, the State Board of Pharmacy hereby approves the reinstatement of the pharmacist identification card, No. 03-3-18795, held by Kevin M. Riley to practice pharmacy in the state of Ohio and places Kevin M. Riley on probation for two years from the date the identification card is issued with the following conditions:

 

 

(A)  The State Board of Pharmacy hereby declares that Kevin M. Riley'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.

 

(B)  Kevin M. Riley may not serve as a responsible pharmacist.

 

(C)  Kevin M. Riley may not fill prescriptions for family members.

 

(D)   Kevin M. Riley must not violate the drug laws of the State of Ohio, any other state, or the federal government.

 

(E)  Kevin M. Riley must abide by the rules of the State Board of Pharmacy.

 

(F)   Kevin M. Riley must comply with the terms of this Order.

 

 

Kevin M. Riley 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.

 

RES. 2002-189

Mr. Kost then moved that the Board adopt the following Order in the matter of Michael M. Fraulini, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-020307-046)

 

In The Matter Of:

 

MICHAEL M. FRAULINI, R.Ph.

3006 North Hill Road

Portsmouth, Ohio 45662

(R.Ph. No. 03-2-19444)

 

 

INTRODUCTION

 

THE MATTER OF MICHAEL M. FRAULINI CAME FOR HEARING ON JUNE 3, 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.

 

 

MICHAEL M. FRAULINI WAS REPRESENTED BY JACK D. YOUNG AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

 

SUMMARY OF EVIDENCE

State’s Witnesses

1.  Kevin Joseph Kinneer, Ohio State Board of Pharmacy

 

Respondent's Witnesses

1.  Michael M. Fraulini, R.Ph., Respondent

2.  Mark Fraulini

3.  Dina Fraulini

 

 

State's Exhibits

1.  Copy of Summary Suspension Order/Notice of Opportunity for Hearing letter   [03-07-2002]

1A-1D.  Procedurals

2.  Portsmouth Police Dept. Incident Report in re Michael M. Fraulini [02/08/2002]

3.  Portsmouth Police Dept. Traffic Crash Report in re Michael M. Fraulini [01/12/2002]

4.  Indictment, State of Ohio vs. Michael M. Fraulini, Case No. 02-CR-157, Scioto County Common Pleas Court; one count of  Carrying A Concealed Weapon and one count of Illegal Conveyance or Possession of a Deadly Weapon  [03/07/2002]

5.  Valley Diagnostic Laboratories, Inc.  Report of Blood Drug Screen Test of Michael M. Fraulini [02/08/2002]

6.  Drug Audit Accountability Sheets for Percocet (10/650mg, 10/325mg, 7.5/500mg, 5/325mg, 2.5/325mg) and Hydrocodone/APAP 10/650mg  [12/22/00 to 02/14/02]

7.  Statement of Jane Stephenson  [02/08/2002]

8.  Statement of Debbie Delabar  [02/08/2002]

9.  Statement of Laura Estep  [02/08/2002]

10.  Statement of Marianne Osborne  [02/08/2002]

11.  Statement of Jennifer Lewis  [02/08/2002]

12.  Statement of Lisa Hoskins  [02/08/2002]

 

 

Respondent's Exhibits

 

A.  Letter from Melanie Sauls, MSW, LICSW, and Bobby Miller, MD  [05-27-2002]

B.  New Hope Christian Counseling Patient Ledger for Michael M. Fraulini  [02-13-2002 to 05-30-2002

C.  Urine drug screen reports  [02-15-2002 to 05-29-2002]

D.  Letters of Support for Michael M. Fraulini from Dina Fraulini  [not dated]; Mark Fraulini  [06-03-2002]; Brian P. Missler, R.Ph.  [05-31-2002]; Lisa Hoskins  [not dated]; Lori S. Lowe  [03-18-2002]; and Dennis DeCamp  [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 Michael M. Fraulini was origi­nally licensed by the State of Ohio on July 30, 1992, pursuant to examina­tion, and that his license to practice pharmacy in the state of Ohio was summarily suspended effec­tive March 7, 2002.  Records further reflect that during the rele­vant time periods stated herein, Michael M. Fraulini was the Owner and Respon­sible Pharmacist at Sciotoville-RX pursuant to Sections 4729.27 and 4729.55 of the Ohio Revised Code and Rule 4729-5‑11 of the Ohio Administrative Code.

 

 

(2)  Michael M. Fraulini has been observed to practice pharmacy while impaired; Michael M. Fraulini had an automobile accident in 2002 while under the influence of drugs; Michael M. Fraulini has admitted to stealing controlled substances for personal abuse since April of 2001.  Such conduct indicates that the continuation of his profes­sional practice presents a danger of immediate and serious harm to others within the meaning of Section 3719.121 of the Ohio Revised Code.

 

 

(3)  Michael M. Fraulini did, on or about February 8, 2002, knowingly possess or use a controlled substance when the conduct was not in accordance with Chap­ters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Michael M. Fraulini used amobar­bital and diazepam without having a prescription for the medication.  Such conduct is in violation of Section 2925.11 of the Ohio Revised Code.

 

 

(4)  Michael M. Fraulini did, from April, 2001, through February, 2002, with pur­pose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Sciotoville-RX, by deception, to wit: Michael M. Fraulini has admittedly stolen Percocet, Tylenol #3, Lorcet 10/650mg, Soma, and Phenergan from his pharmacy, a terminal distributor of dangerous drugs.  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 (4) 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)  The State Board of Pharmacy concludes that paragraphs (3) and (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 constitute 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 (3) 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 Michael M. Fraulini on March 7, 2002.

 

 

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. 03-2-19444, held by Michael M. Fraulini and such suspension is effective as of the date of the mailing of this Order.

 

 

(A)  Michael M. Fraulini, 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 and may not enter Sciotoville-RX during such period of suspension.

 

 

(B)  Michael M. Fraulini, pursuant to Section 4729.16(B) of the Ohio Revised Code, must return his 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 Michael M. Fraulini 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)  Michael M. Fraulini 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)  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)  Michael M. Fraulini 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)  Michael M. Fraulini 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.

 

 

(D)  If reinstatement is not accomplished within three years of the effective date of this Order, Michael M. Fraulini must also 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. Teater and approved by the Board (Aye-7/Nay-0).

 

RES. 2002-190

Mr. Giacalone then moved that the Board adopt the following Order in the matter of Patrica Ann Flack, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-011206-024)

 

In The Matter Of:

 

PATRICA ANN FLACK, R.Ph.

3834 Dayton Road, Lot B8

Springfield, Ohio 45502

(R.Ph. No. 03-3-14223)

 

 

INTRODUCTION

 

THE MATTER OF PATRICA ANN FLACK CAME FOR HEARING ON JUNE 3, 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.

 

 

PATRICA ANN FLACK WAS REPRESENTED BY JOHN R. HAMMOND AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

 

SUMMARY OF EVIDENCE

State’s Witnesses

1.  Joseph Meagley, Walgreens

 

Respondent's Witnesses

1.  Patrica Ann Flack, R.Ph., Respondent

 

 

State's Exhibits

1.  Copy of Summary Suspension Order/Notice Of Opportunity For Hearing letter  [12-06-2001]

1A-1F.  Procedurals

2.  Order of the Board Issued To Patricia(sic) Ann Flack, R.Ph.  [10-29-1996]

3.  Order of the Board Issued To Patrica Ann Flack  [07-01-1994]

4.  Indictment, State of Ohio vs. Patricia A. Flack, Case No. 93-CR-234, Clark County Common Pleas Court  [04-19-1993]

5.  Judgment Entry of Conviction, State of Ohio vs. Patricia A. Flack, Case No. 93-CR-234, Clark County Common Pleas Court  [02-09-1994]

6.  Statement of Patrica A. Flack  [06-15-1992]

7.  Statement of Patrica A. Flack  [06-15-1992]

8.  Statement of Patrica A. Flack  [06-19-1992]

9.  Rite Aid Pharmacy #2302 Pharmacist's Statement (Patient Profile) printout for Harold Flack  [01-01-1990 to 06-10-1992]

10.  Walgreens Application for Employment of Patrica A. Flack  [12-29-2000]

11.  Statement of Patrica A. Flack to Joe Meagley  [10-25-2001]

12.  Walgreens Loss Prevention Inquiry Report  [10-29-2001]

13.  Criminal Complaint, State of Ohio vs. Patricia A. Flack, Case No. 01CRA5460, Clark County Municipal Court, and associated court records  [12-10-2001 to 04-02-2002]

 

 

Respondent's Exhibits

A.  Letter from Fred Stauffer, Probation Officer  [05-28-2002]

B.  Letter from Mandy Holcomb

C.  Letter from Rose M. Tingley, LISW, CCDC III-E  [05-29-2002]

D.  Greene Memorial Hospital, Inc. medical record of Harold S. Flack  [01-29-2002 to 02-03-2002]

 

 

FINDINGS OF FACT

 

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

 

 

(1)  Records of the State Board of Pharmacy indicate that Patrica Ann Flack was originally licensed as a pharmacist by the State of Ohio on July 31, 1981, pur­suant to exami­nation.

 

 

(a)  On or about March 29, 1994, a Summary Suspension Order/Notice of Opportunity For A Hearing was issued as a result of Patrica Ann Flack pleading guilty to Illegal Processing of Drug Documents, a felony of the fourth degree.  On or about June 28, 1994, after notice and hearing, the Board concluded that Patrica Ann Flack was guilty of a felony, of dishonesty and unprofessional con­duct in the practice of pharmacy, and of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chap­ter 2925. of the Revised Code.  The resulting Order, effective July 1, 1994, placed Patrica Ann Flack on probation until July 1, 1999 and required that she continue with her psychological counseling throughout the probation period.

 

 

(b)  On or about September 16, 1996, after notice and hearing, the Board con­cluded that Patrica Ann Flack violated the terms of probation set forth in the July 1, 1994 Order.  The resulting Order, effective October 29, 1996, revoked pro­bation and suspended Patrica Ann Flack's pharmacist identification (ID) card for thirty days, and required that Ms. Flack seek counseling by a psychiatrist or psy­chologist and submit the results of the psychiatrist's or psychologist's evalua­tion prior to her ID card being rein­stated.

 

 

(c)  On or about December 6, 2001, a Summary Suspension Order/Notice of Opportunity For A Hearing was issued and Patrica Ann Flack is not currently licensed to practice pharmacy in the state of Ohio.

 

 

(2) Patrica Ann Flack did, on or about the following dates, while employed as a pharmacist at Walgreens Pharmacy #06521, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Walgreens Phar­macy #06521, beyond the express or implied consent of the owner, to wit: Patrica Ann Flack has admittedly stolen the following drugs:

 

 

 

Date

Drug Type

Amount

 

 

 

08/31/01

propoxyphene N-100

28

 

 

 

09/03/01

propoxyphene N-100

14

 

 

 

09/04/01

propoxyphene N-100

12

 

 

 

09/20/01

propoxyphene N-100

19

 

 

 

09/27/01

propoxyphene N-100

7

 

 

 

09/29/01

propoxyphene N-100

12

 

 

 

09/30/01

propoxyphene N-100

6

 

 

 

10/02/01

propoxyphene N-100

17

 

 

 

10/12/01

propoxyphene N-100

7

 

 

 

10/15/01

propoxyphene N-100

5

 

 

 

10/17/01

propoxyphene N-100

3

 

 

 

Patrica Ann Flack has admitted to stealing a total of 288 unit doses of propoxy­phene N-100.  Such conduct violates Section 2913.02 of the Ohio Revised Code.

 

 

(3)  Patrica Ann Flack, on or about January 14, 2002, was found guilty of Theft, a Mis­demeanor of the first degree, in violation of Section 2913.02(A)(1) of the Ohio Revised Code.  State of Ohio vs. Patricia A. Flack, Case No. 01CRA5460, Clark County Municipal Court of Springfield, Ohio.

 

 

CONCLUSIONS OF LAW

 

(1)  The State Board of Pharmacy concludes that paragraph (2) of the Findings of Fact constitutes being guilty of gross immorality as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code.

 

 

(2)  The State Board of Pharmacy concludes that paragraph (2) of the Findings of Fact constitutes 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 (3) of the Findings of Fact constitutes having been convicted of a misdemeanor related to, or committed in the practice of pharmacy as provided in Division (A)(4) of Section 4729.16 of the Ohio Revised Code.

 

 

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 Patrica Ann Flack on December 6, 2001.

 

 

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. 03-3-14223, held by Patrica Ann Flack and such suspension is effective as of the date of the mailing of this Order.

 

 

(A) Patrica Ann Flack, 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) Patrica Ann Flack, 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 two years from the effective date of this Order, the Board will consider any peti­tion filed by Patrica Ann Flack 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)  Patrica Ann Flack must continue the treatment plan as designed by her cur­rent treatment provider.  The psychiatrist or psychologist must provide quarterly progress reports to the Board.

 

 

(B)  Patrica Ann Flack must provide, at the reinstatement petition hearing, docu­menta­tion of the following:

 

 

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

 

 

(2)  A report by the licensed psychiatrist or psychologist regarding Patrica Ann Flack'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, Patrica Ann Flack must also show successful completion of the NAPLEX examination or an equivalent examination approved by the Board.

 

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

MOTION CARRIED.

SO ORDERED.

 

 

The motion was seconded by Mr. Braylock and approved by the Board (Aye-5/Nay-2).

  2:25 p.m.

 

 

The meeting was recessed until Wednesday, June 5, 2002.

 

 

WEDNESDAY, JUNE 5, 2002

 

  8:00 a.m.

ROLL CALL

 

The State Board of Pharmacy convened in Room East-B, 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.; and James E. Turner, R.Ph.

  8:01 a.m.

 

 

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

  8:04 a.m.

 

 

Mrs. Teater arrived and joined the Executive Session in progress.

  8:36 a.m.

 

RES. 2002-191

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 Bruce M. Linneman, R.Ph. (03-2-11230) 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. Turner and approved by the Board (Aye-6/Nay-0/Abstain-1[Teater]).

 

RES. 2002-192

The Board next discussed a request for Board approval of the T-Rex One pharmacy computer system that involves off-site storage of records from Tech RX.  Ms. Eastman moved that the Board find the system approvable pending final inspection of the installed product.  The motion was seconded by Mr. Kost and approved by the Board (Aye-7/Nay-0).

  8:50 a.m.

 

 

The Board took a brief recess.

  9:04 a.m.

 

 

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

12:51 p.m.

 

 

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

  2:14 p.m.

 

 

The meeting resumed with all members present except Mr. Lipsyc.  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 Dale R. Vaughn, R.Ph., Warren.

  4:13 p.m.

 

 

The hearing ended and the record was closed.

  4:17 p.m.

 

 

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

  4:50 p.m.

 

RES. 2002-193

The Executive Session ended and the meeting was opened to the public.  Mr. Kost moved that the Board adopt the following Order in the matter of Dale R. Vaughn, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-020222-041)

 

In The Matter Of:

 

DALE R. VAUGHN, R.Ph.

9026 Altura Drive

Warren, Ohio 44484

(R.Ph. No. 03-2-11382)

 

 

INTRODUCTION

 

THE MATTER OF DALE R. VAUGHN CAME FOR HEARING ON JUNE 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.

 

 

DALE R. VAUGHN 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

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

 

Respondent's Witnesses

1.  Dale R. Vaughn, R.Ph., Respondent

2.  Colleen Vaughn

 

 

State's Exhibits

1.  Copy of Summary Suspension Order/Notice Of Opportunity For Hearing letter  [02-22-2002]

1A-1D.  Procedurals

2.  Statement of Pedro Yap, M.D.  [02-28-2001]

3.  Eastgate Pharmacy Record of Prescriptions printout for Patient H.J.  [07-01-1999 to 01-16-2001]

4.  Rx C784685  [04-12-2000]

5.  Eastgate Pharmacy Rx Register printout  [04-12-2000]

5A.  Eastgate Pharmacy Universal Signature Log  [04-12-2000]

6.   Eastgate Pharmacy Rx Register printout  [04-14-2000]

6A.  Eastgate Pharmacy Universal Signature Log  [04-14-2000]

7.  Eastgate Pharmacy Rx Register printout  [04-17-2000]

7A.  Eastgate Pharmacy Universal Signature Log  [04-17-2000]

8.  Eastgate Pharmacy Rx Register printout  [04-21-2000]

8A.  Eastgate Pharmacy Universal Signature Log  [04-21-2000]

9.  Eastgate Pharmacy Rx Register printout  [04-25-2000]

9A.  Eastgate Pharmacy Universal Signature Log  [04-25-2000]

10.  Rx C789983  [05-31-2000]

 

11.  Eastgate Pharmacy Rx Register printout  [05-31-2000]

11A.  Eastgate Pharmacy Universal Signature Log  [05-31-2000]

12.  Eastgate Pharmacy Rx Register printout  [06-07-2000]

12A.  Eastgate Pharmacy Universal Signature Log  [06-07-2000]

13.  Eastgate Pharmacy Rx Register printout  [06-12-2000]

13A.  Eastgate Pharmacy Universal Signature Log  [06-12-2000]

14.  Eastgate Pharmacy Rx Register printout  [06-16-2000]

14A.  Eastgate Pharmacy Universal Signature Log  [06-16-2000]

15.  Rx C796030  [07-27-2000]

16.  Eastgate Pharmacy Rx Register printout  [07-27-2000]

16A.  Eastgate Pharmacy Universal Signature Log  [07-27-2000]

17.  Eastgate Pharmacy Rx Register printout  [08-02-2000]

17A.  Eastgate Pharmacy Universal Signature Log  [08-02-2000]

18.  Eastgate Pharmacy Universal Signature Log  [08-05-2000]

19.  Eastgate Pharmacy Rx Register printout  [08-12-2000]

19A.  Eastgate Pharmacy Universal Signature Log  [08-12-2000]

20.  Eastgate Pharmacy Rx Register printout  [08-16-2000]

20A.  Eastgate Pharmacy Universal Signature Log  [08-16-2000]

 

21.  Rx C801248  [09-13-2000]

22.  Eastgate Pharmacy Rx Register printout  [09-13-2000]

22A.  Eastgate Pharmacy Universal Signature Log  [09-13-2000]

23.  Eastgate Pharmacy Rx Register printout  [09-18-2000]

23A.  Eastgate Pharmacy Universal Signature Log  [09-18-2000]

24.  Eastgate Pharmacy Rx Register printout  [09-27-2000]

24A.  Eastgate Pharmacy Universal Signature Log  [09-27-2000]

25.  Eastgate Pharmacy Rx Register printout  [10-02-2000]

25A.  Eastgate Pharmacy Universal Signature Log  [10-02-2000]

26.  Rx C770933  [12-16-1999]

27.  Eastgate Pharmacy Rx Register printout  [12-16-1999]

27A.  Eastgate Pharmacy Universal Signature Log  [12-16-1999]

28.  Eastgate Pharmacy Rx Register printout  [12-17-1999]

29.  Eastgate Pharmacy Rx Register printout  [12-19-1999]

29A.  Eastgate Pharmacy Universal Signature Log  [12-19-1999]

30.   Eastgate Pharmacy Rx Register printout  [12-20-1999]

30A.  Eastgate Pharmacy Universal Signature Log  [12-20-1999]

 

31.  Eastgate Pharmacy Rx Register printout  [12-27-1999]

32.  Eastgate Pharmacy Rx Register printout  [01-03-2000]

32A.  Eastgate Pharmacy Universal Signature Log  [01-03-2000]

33.  Eastgate Pharmacy Rx Register printout  [01-10-2000]

33A.  Eastgate Pharmacy Universal Signature Log  [01-10-2000]

34.  Rx C805240  [10-18-2000]

35.  Eastgate Pharmacy Rx Register printout  [10-18-2000]

35A.  Eastgate Pharmacy Universal Signature Log  [10-18-2000]

36.  Eastgate Pharmacy Rx Register printout  [10-23-2000]

36A.  Eastgate Pharmacy Universal Signature Log  [10-23-2000]

37.  Eastgate Pharmacy Rx Register printout  [10-24-2000]

37A.  Eastgate Pharmacy Universal Signature Log  [10-24-2000]

38.  Eastgate Pharmacy Rx Register printout  [10-28-2000]

38A.  Eastgate Pharmacy Universal Signature Log  [10-28-2000]

39.  Eastgate Pharmacy Rx Register printout  [11-07-2000]

39A.  Eastgate Pharmacy Universal Signature Log  [11-07-2000]

40.  Rx C808618  [11-15-2000]

 

41.  Eastgate Pharmacy Rx Register printout  [11-15-2000]

41A.  Eastgate Pharmacy Universal Signature Log  [11-15-2000]

42.  Eastgate Pharmacy Rx Register printout  [11-16-2000]

42A.  Eastgate Pharmacy Universal Signature Log  [11-16-2000]

43.  Eastgate Pharmacy Rx Register printout  [11-25-2000]

44.  Eastgate Pharmacy Rx Register printout  [11-28-2000]

44A.  Eastgate Pharmacy Universal Signature Log  [11-28-2000]

45.  Eastgate Pharmacy Rx Register printout  [12-01-2000]

45A.  Eastgate Pharmacy Universal Signature Log  [12-01-2000]

46.  Eastgate Pharmacy Rx Register printout  [12-06-2000]

47.  Rx C812231  [12-15-2000]

48.  Eastgate Pharmacy Rx Register printout  [12-15-2000]

48A.  Eastgate Pharmacy Universal Signature Log  [12-15-2000]

49.  Eastgate Pharmacy Rx Register printout  [12-20-2000]

49A.  Eastgate Pharmacy Universal Signature Log  [12-20-2000]

50.  Eastgate Pharmacy Rx Register printout  [12-29-2000]

50A.  Eastgate Pharmacy Universal Signature Log  [12-29-2000]

 

51.  Eastgate Pharmacy Rx Register printout  [01-06-2001]

51A.  Eastgate Pharmacy Universal Signature Log  [01-06-2001]

52.  Eastgate Pharmacy Record of Prescriptions printout for Patient L.D.  [07-01-1999 to 01-07-2001]

53.  Rx C797548  [08-10-2000]

54.  Eastgate Pharmacy Rx Register printout  [08-10-2000]

54A.  Eastgate Pharmacy Universal Signature Log  [08-10-2000]

55.  Rx C801101  [09-12-2000]

56.  Eastgate Pharmacy Rx Register printout  [09-12-2000]

56A.  Eastgate Pharmacy Universal Signature Log  [09-12-2000]

57.  Eastgate Pharmacy Rx Register printout  [09-15-2000]

57A.  Eastgate Pharmacy Universal Signature Log  [09-15-2000]

58.  Eastgate Pharmacy Rx Register printout  [09-23-2000]

58A.  Eastgate Pharmacy Universal Signature Log  [09-23-2000]

59.  Eastgate Pharmacy Universal Signature Log  [09-29-2000]

60.  Rx C806177  [10-26-2000]

 

61.  Eastgate Pharmacy Universal Signature Log  [10-26-2000]

62.  Eastgate Pharmacy Rx Register printout  [10-30-2000]

63.  Eastgate Pharmacy Rx Register printout  [11-01-2000]

64.  Eastgate Pharmacy Rx Register printout  [11-03-2000]

64A.  Eastgate Pharmacy Universal Signature Log  [11-03-2000]

65.  Eastgate Pharmacy Universal Signature Log  [11-10-2000]

66.  Eastgate Pharmacy Rx Register printout  [11-18-2000]

66A.  Eastgate Pharmacy Universal Signature Log  [11-18-2000]

67.  Rx C812588  [12-19-2000]

68.  Eastgate Pharmacy Rx Register printout  [12-19-2000]

68A.  Eastgate Pharmacy Universal Signature Log  [12-19-2000]

69.  Eastgate Pharmacy Rx Register printout  [12-23-2000]

69A.  Eastgate Pharmacy Universal Signature Log  [12-23-2000]

70.  Eastgate Pharmacy Rx Register printout  [12-27-2000]

70A.  Eastgate Pharmacy Universal Signature Log  [12-27-2000]

71.  Eastgate Pharmacy Rx Register printout  [01-03-2001]

71A.  Eastgate Pharmacy Universal Signature Log  [01-03-2001]

72.  Indictment for Trafficking in Drugs, State of Ohio vs. Dale Vaughn,  Case No. 01-CR-344, Trumbull County Common Pleas Court

72A.  Finding On Guilty Plea To Amended Indictment [12-10-2001]

72B.  Journal Entry of Sentencing  [01-15-2002]

 

 

Respondent's Exhibits

A1-A7.  Letters of Support for Dale R. Vaughn from Paul S. Vaughn; John A. Leopardi  [06-03-2002]; W. John Schellhorn, CPA  [12-21-2001]; John J. Tricomi, MAI, SRA  [12-21-2001]; Lyn M. Augustine  [12-17-2001]; Don Campbell  [12-18-2001]; Brigitte Medovich  [12-23-2001]

A8.  Trumbull County Common Pleas Receipt No. 59148, State of Ohio vs. Dale Vaughn,  Case No. 2001-CR-00344,  showing Fines and Court Costs Paid In Full  [05-28-2002]

 

 

FINDINGS OF FACT

 

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

 

 

(1)  Records of the State Board of Pharmacy indicate that Dale R. Vaughn was originally licensed by the State of Ohio on August 4, 1975, pursuant to examination, and that his license to practice pharmacy in the state of Ohio was summarily suspended effective February 22, 2002.  Records further reflect that Dale R. Vaughn is the Owner and Responsible Pharmacist at Eastgate Pharmacy pursuant to Sections 4729.27 and 4729.55 of the Ohio Revised Code and Rule 4729-5-11 of the Ohio Administrative Code.

 

 

(2)  Dale R. Vaughn did, from April 12, 2000, through April 25, 2000, knowingly sell a controlled substance in an amount greater than five times bulk but less than fifty times bulk when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: regarding Rx C784685, Dale R. Vaughn sold 128 days supply of Hycodan Syrup to individual “HJ” over a 13-day time period without a valid prescription and without a legitimate medical purpose.  Such conduct violates Section 2925.03 of the Ohio Revised Code.

 

 

(3)  Dale R. Vaughn did, from May 31, 2000, through June 16, 2000, knowingly sell a controlled substance in an amount greater than five times bulk but less than fifty times bulk when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: regarding Rx C789983, Dale R. Vaughn sold 96 days supply of Hycodan Syrup to individual “HJ” over a 16-day time period without a valid prescription and without a legitimate medical purpose.  Such conduct violates Section 2925.03 of the Ohio Revised Code.

 

 

(4)  Dale R. Vaughn did, from July 27, 2000, through August 16, 2000, knowingly sell a controlled substance in an amount greater than five times bulk but less than fifty times bulk when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: regarding Rx C796030, Dale R. Vaughn sold 96 days supply of Hycodan Syrup to individual “HJ” over a 16-day time period without a valid prescription and without a legitimate medical purpose.  Such conduct violates Section 2925.03 of the Ohio Revised Code.

 

 

(5)  Dale R. Vaughn did, from September 13, 2000, through October 2, 2000, know­ingly sell a controlled substance in an amount greater than five times bulk but less than fifty times bulk when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: regarding Rx C801248, Dale R. Vaughn sold 96 days supply of Hycodan Syrup to individual “HJ” over a 20-day time period without a valid prescription and without a legitimate medical purpose.  Such conduct violates Section 2925.03 of the Ohio Revised Code.

 

 

(6)  Dale R. Vaughn did, as the Responsible Pharmacist, from December 16, 1999, through January 10, 2000, knowingly sell a controlled substance in an amount greater than five times bulk but less than fifty times bulk when the conduct was not in accor­dance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: regard­ing Rx C770933, Dale R. Vaughn sold 52 to 104 days supply of Hycodan Syrup to individual “HJ” over a 25-day time period without a valid prescription and without a legitimate medical purpose.  Such conduct violates Section 2925.03 of the Ohio Re­vised Code.

 

 

(7)  Dale R. Vaughn did, as the Responsible Pharmacist, from October 18, 2000, through November 7, 2000, knowingly sell a controlled substance in an amount greater than five times bulk but less than fifty times bulk when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: regarding Rx C805240, Dale R. Vaughn sold 144 days supply of Hycodan Syrup to individual “HJ” over a 21-day time period without a valid prescription and without a legitimate medical purpose.  Such conduct violates Section 2925.03 of the Ohio Revised Code.

 

 

(8)  Dale R. Vaughn did, as the Responsible Pharmacist, from November 15, 2000, through December 6, 2000, knowingly sell a controlled substance in an amount greater than five times bulk but less than fifty times bulk when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: regarding Rx C808618, Dale R. Vaughn sold 144 days supply of Hycodan Syrup to individual “HJ” over a 22-day time period without a valid prescription  and without a legitimate medical purpose.  Such conduct violates Section 2925.03 of the Ohio Revised Code.

 

 

(9)  Dale R. Vaughn did, as the Responsible Pharmacist, from December 15, 2000, through January 6, 2001, knowingly sell a controlled substance in an amount greater than five times bulk but less than fifty times bulk when the conduct was not in accor­dance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: regard­ing Rx C812231, Dale R. Vaughn sold 144 days supply of Hycodan Syrup to individual “HJ” over a 22-day time period without a valid prescription and without a legitimate medical purpose.  Such conduct violates Section 2925.03 of the Ohio Revised Code.

 

 

(10)  Dale R. Vaughn did, as the Responsible Pharmacist, from August 10, 2000, through August 19, 2000, knowingly sell a controlled substance in an amount greater than five times bulk but less than fifty times bulk when the conduct was not in accor­dance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: regard­ing Rx C797548, Dale R. Vaughn sold 64 days supply of Hycodan Syrup to individual “LD” over a 10-day time period without a valid prescription and without a legitimate medical purpose.  Such conduct violates Section 2925.03 of the Ohio Revised Code.

 

 

(11)  Dale R. Vaughn did, as the Responsible Pharmacist, from September 12, 2000, through September 29, 2000, knowingly sell a controlled substance in an amount greater than five times bulk but less than fifty times bulk when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: regarding Rx C801101, Dale R. Vaughn sold 96 days supply of Hycodan Syrup to in­dividual “LD” over an 18-day time period without a valid prescription and without a legitimate medical purpose.  Such conduct violates Section 2925.03 of the Ohio Re­vised Code.

 

 

(12)  Dale R. Vaughn did, as the Responsible Pharmacist, from October 26, 2000, through November 18, 2000, knowingly sell a controlled substance in an amount greater than five times bulk but less than fifty times bulk when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: regarding Rx C806177, Dale R. Vaughn sold 168 days supply of Hycodan Syrup to individual “LD” over a 24-day time period without a valid prescription and without a legitimate medical purpose.  Such conduct violates Section 2925.03 of the Ohio Re­vised Code.

 

 

(13)  Dale R. Vaughn did, as the Responsible Pharmacist, from December 19, 2000, through January 3, 2001, knowingly sell a controlled substance in an amount greater than five times bulk but less than fifty times bulk when the conduct was not in accor­dance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: regard­ing Rx C812588, Dale R. Vaughn sold 144 days supply of Hycodan Syrup to individual “LD” over an approximate 16-day time period without a valid prescription  and without a legitimate medical purpose.  Such conduct violates Section 2925.03 of the Ohio Re­vised Code.

 

 

CONCLUSIONS OF LAW

 

(1)  The State Board of Pharmacy concludes that paragraphs (2) through (13) of the Findings of Fact constitute being guilty of a felony and gross immorality as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code.

 

 

(2)  The State Board of Pharmacy concludes that paragraphs (2) through (13) of the Findings of Fact constitute being guilty of dishonesty and unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code.

 

 

(3)  The State Board of Pharmacy concludes that paragraphs (2) through (13) of the Findings of Fact constitute being guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapter 2925. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the 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 Dale R. Vaughn on February 22, 2002.

 

 

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

 

 

(A)  On the basis of the Findings of Fact and paragraphs (1) and (2) of the Conclusions of Law, the State Board of Pharmacy hereby suspends indefinitely the pharmacist iden­tification card, No. 03-2-11382, held by Dale R. Vaughn and such suspension is effec­tive as of the date of the mailing of this Order.

 

 

(1)  Dale R. Vaughn, 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 and may not enter East­gate Pharmacy during such period of suspension.

 

 

(2)  Dale R. Vaughn, pursuant to Section 4729.16(B) of the Ohio Revised Code, must return his 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.

 

 

(B)  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 imposes a monetary penalty of three thousand dollars ($3,000.00) on Dale R. Vaughn and payment of the monetary penalty is due and owing within thirty days of the mailing of this Order.  The remit­tance should be made payable to the "Treasurer, State of Ohio" and mailed with the enclosed form to the State Board of Pharmacy, 77 South High Street, Room 1702, Columbus, Ohio 43215-6126.

 

 

(C)  One year from the effective date of Dale R. Vaughn's Summary Suspension Order (February 22, 2003), the Board will suspend the suspension and place Mr. Vaughn's license on probation for five years effective as of the date his identifi­cation card to practice pharmacy is issued provided that Dale R. Vaughn takes and passes the Multistate Pharmacy Jurisprudence Examination (MPJE), or an equivalent examination approved by the Board, prior to reinstatement.

 

 

(1)  If Dale R. Vaughn has not successfully completed the examination prior to February 22, 2003, his license will remain under suspension until this condition has been achieved.

 

 

(2)  If reinstatement is not accomplished within three years of the effec­tive date of this Order, Dale R. Vaughn must also show successful completion of the NAPLEX examination or an equivalent examination approved by the Board.

 

 

(D)  Upon issuance of Dale R. Vaughn's identification card to practice pharmacy, the terms of probation are as follows:

 

 

(1)  The State Board of Pharmacy hereby declares that Dale R. Vaughn'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)  Dale R. Vaughn may not serve as a responsible pharmacist.

 

 

(3)  Dale R. Vaughn may not serve as pharmacy store manager.

 

 

(4)  Dale R. Vaughn must obtain thirty hours (3.0 CEUs) of approved continuing pharmacy education from LIVE programs for his next CPE reporting time (2005).

 

 

(5)  Dale R. Vaughn must not violate the drug laws of the State of Ohio, any other state, or the federal government.

 

 

(6)  Dale R. Vaughn must abide by the rules of the State Board of Phar­macy.

 

 

(7)  Dale R. Vaughn must comply with the terms of this Order.

 

 

Dale R. Vaughn 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-7/Nay-0).

 

RES. 2002-194

Ms. Eastman then moved that the Board adopt the following Order in the matter of Robert C. Ferguson, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-020211-040)

 

In The Matter Of:

 

ROBERT C. FERGUSON, R.Ph.

401 Hamilton Street, Apt. 6

Wapakoneta, Ohio 45895

(R.Ph. No. 03-1-13547)

 

 

INTRODUCTION

 

THE MATTER OF ROBERT C. FERGUSON CAME FOR HEARING ON JUNE 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 C. FERGUSON WAS REPRESENTED BY JEROME R. DOUTE AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

 

SUMMARY OF EVIDENCE

 

State’s Witnesses

1.  Todd Knauss, Ohio State Board of Pharmacy

 

Respondent's Witnesses

1.  Robert C. Ferguson, R.Ph., Respondent

 

 

State's Exhibits

1.  Copy of Notice of Opportunity For Hearing letter  [02-11-2002]

1A-1C.  Procedurals

2.  Seaway Food Town Prescription Drug Claim/Complaint Report for Rx 6764504  [04-18-1999]

2A.  Copy of Refill Log page with Rx 6764504 Label  [10-15-1998]

2B.  Copy of Rx 6764504  [06-19-1998]

2C.  Food Town Pharmacy Customer Receipt and Patient Prescription Information for Rx 6764504  [10-15-98]

3.  Seaway Food Town Prescription Drug Claim/Complaint Report for Rx 6773366  [04-18-1999]

3A.  Copy of Rx 6773366  [10-16-1998]

3B.  The Pharm #916 Customer Receipt for Rx 6773366  [02-03-1999]

4.  Seaway Food Town Prescription Drug Claim/Complaint Report for Rx 6771562  [04-18-1999]

4A.  Copy of Rx 6771562  [09-24-1998]

4B.  Copy of Refill Log page with Rx 6771562 Label  [10-24-1998]

4C.  Food Town Pharmacy Customer Receipt and Patient Prescription Information for Rx 6771562  [10-24-1998]

5.  Seaway Food Town Prescription Drug Claim/Complaint Report for Rx 6778564  [09-18-1999]

5A.  Copy of Rx 6778564  [12-18-1998]

5B.  The Pharm #916 Customer Receipt for Rx 6778564  [03-12-1999]

 

6.  Seaway Food Town Prescription Drug Claim/Complaint Report for Rx 6757379  [9-18-1999]

6A.  Copy of Rx 6757379  [03-17-1998]

6B.  Copy of Refill Log page with Rx 6757379 Label  [10-28-1998]

7.  Seaway Food Town Prescription Drug Claim/Complaint Report for Rx 6780765  [07-06-1999]

7A.  Copy of Rx 6780765  [01-20-1999]

7B.  Copy of Refill Log pages with Rx 6780765 Labels  [02-18-1999, 03-22-1999, 04-21-1999]

7C.  The Pharm #916 Customer Receipt for Rx 6780765  [01-20-1999]

8.  Seaway Food Town Prescription Drug Claim/Complaint Report for Rx 6770173  [09-18-1999]

8A.  Copy of Refill Log page with Rx 6770173 Label  [02-03-1999]

8B.  The Pharm #916 Customer Receipt for Rx 6770173  [02-03-1999]

9.  Seaway Food Town Prescription Drug Claim/Complaint Report for Rx 6783996  [09-18-1999]

9A.  Copy of Rx 6783996  [02-24-1999]

9B.  The Pharm #916 Customer Receipt for Rx 6783996  [02-24-1999]

10.  Seaway Food Town Prescription Drug Claim/Complaint Report for Rx 4424421  [04-13-1999]

10A.  Copy of Rx 4424421  [03-05-1999]

10B.  The Pharm #916 Customer Receipt for Rx 4424421  [03-05-1999]

 

11.  Seaway Food Town Prescription Drug Claim/Complaint Report for Rx 6786347  [04-18-1999]

11A.  Copy of Rx 6786347  [03-22-1999]

11B.  The Pharm #916 Customer Receipt for Rx 6786347  [03-22-1999]

12.  Seaway Food Town Prescription Drug Claim/Complaint Report for Rx 6786090 [04-15-1999]

12A.  Copy of Refill Log page with Rx 6786090 Label  [04-14-1999]

12B.  The Pharm #916 Customer Receipt for Rx 6786090  [08-03-1999]

13.  Seaway Food Town Prescription Drug Claim/Complaint Report for Rx 6792179  [06-03-1999]

13A.  Copy of Rx 6792179  [06-02-1999]

13B.  The Pharm #916 Customer Receipt for Rx 6792179  [06-02-1999]

14.  Seaway Food Town Prescription Drug Claim/Complaint Report for Rx 6793810  [07-06-1999]

14A.  Copy of Rx 6793810 [06-23-1999] and 6793901 [06-25-1999]

14B.  The Pharm #916 Customer Receipt for Rx 6793810  [06-23-1999]

14C.  The Pharm #916 Customer Receipt for Rx 6793901  [06-25-1999]

15.  Seaway Food Town Prescription Drug Claim/Complaint Report for Rx 4425330  [07-06-1999]

15A.  Copy of Refill Log page with Rx 4425330 Label  [06-24-1999]

15B.  The Pharm #916 Customer Receipt for Rx 4425330  [06-24-1999]

16.  Professional Liability Claim Report for Rx 6795137  [01-11-2000]

16A.  Copy of Rx 6795137  [07-12-1999]

16B.  The Pharm #916 Customer Receipt for Rx 6795137  [12-27-1999]

17.  Seaway Food Town Prescription Drug Claim/Complaint Report for Rx 6793997 [09-18-1999]

17A.  Copy of Refill Log page with Rx 6793997 Label  [07-31-1999]

17B.  The Pharm #916 Customer Receipt for Rx 6793997  [07-31-1999]

18.  Seaway Food Town Prescription Drug Claim/Complaint Report for Rx 6796486 [09-15-1999]

18A.  Copy of Rx 6796486  [07-31-1999]

19.  Seaway Food Town Prescription Drug Claim/Complaint Report for Rx 6783438 [09-15-1999]

19A.  Copy of Refill Log page with Rx 6783438 Label  [08-19-1999]

19B.  The Pharm #916 Customer Receipt for Rx 6783438  [08-19-1999]

20.  Seaway Food Town Prescription Drug Claim/Complaint Report for Rx 6799341  [09-19-1999]

20A.  Copy of Rx 6799341 [09-08-1999]

20B.  The Pharm #916 Customer Receipt for Rx 6799341  [09-08-1999]

 

21.  Seaway Food Town Prescription Drug Claim/Complaint Report for Rx 6799422  [09-15-99]

21A.  Copy of Rx 6799422 [09-08-1999] and Rx 6799560 [09-09-1999]

21B.  Copy of Telephoned Prescription, Deactivating Rx 6799422

21C.  The Pharm #916 Customer Receipt for Rx 6799422  [09-08-1999]

21D.  The Pharm #916 Customer Receipt for Rx 6799560  [09-09-1999]

22.  Professional Liability Claim Report for Rx 6786558 [09-28-1999]

22A.  Copy of Refill Log page with Rx 6786558 Label  [09-23-1999]

22B.  The Pharm #916 Customer Receipt for Rx 6786558  [08-23-1999]

23.  Seaway Food Town Prescription Drug Claim/Complaint Report for Rx 6809171 [03-06-2000]

23A.  Copy of Rx 6809171  [01-05-2000]

23B.  The Pharm #916 Customer Receipt for Rx 6809171  [01-05-2000]

24.  Seaway Food Town Prescription Drug Claim/Complaint Report for Rx 4427295 [03-06-2000]

24A.  Copy of Refill Log page with Rx 4427295 Label  [03-03-2000]

24B.  The Pharm #916 Customer Receipt for Rx 4427295  [03-03-2000]

25.  Seaway Food Town Prescription Drug Claim/Complaint Report for Rx 6817286 [04-20-2000]

25A.  Copy of Rx 6817286  [03-31-2000]

25B.  The Pharm #916 Customer Receipt for Rx 6817286  [04-19-2000]

26.  Professional Liability Claim Report for Rx 6841312  [03-18-2001]

26A.  Copy of Rx 6841312  [02-12-2001]

26B.  The Pharm #916 Customer Receipt for Rx 6841312  [02-12-2001]

27.  Professional Liability Claim Report for Rx 6841521  [02-27-2001]

27A.  Copy of Rx 6841521  [02-15-2001]

27B.  The Pharm #916 Customer Receipt for Rx 6841521  [02-15-2001]

28.  Professional Liability Claim Report for Rx 6841992  [02-27-2001]

28A.  Copy of Rx 6841992  [02-21-2001]

28B.  The Pharm #916 Customer Receipt for Rx 6841992  [02-21-2001]

29.  Professional Liability Claim Report for Rx 4431815  [03-06-2001]

29A.  Copy of Rx 4431875 [02-26-2001] and Deactivated Rx 4431815  [02-21-2001]

29B.  The Pharm #916 Customer Receipt for Rx 4431815  [02-21-2001]

29C.  The Pharm #916 Customer Receipt for Rx 4431875  [02-26-2001]

30.  Professional Liability Claim Report for Rx 6842290  [02-27-2001]

30A.  Copy of Rx 6842290  [02-23-2001]

30B.  The Pharm #916 Customer Receipt for Rx 6842290  [02-23-2001]

 

31.  Professional Liability Claim Report for Rx 6837452  [06-09-2001]

31A.  Copy of Refill Log page with Rx 6837452 Label  [02-24-2001]

31B.  The Pharm #916 Customer Receipt for Rx 6837452  [02-24-2001]

32.  Professional Liability Claim Report for Rx 6840448  [03-31-2001]

32A.  Copy of Refill Log page with Rx 6840448 (for 10 tablets owed) Label  [03-21-2001]

32B.  Copy of Refill Log page with Rx 6840448 (for first 20 tablets) Label  [03-21-2001]

33.  Professional Liability Claim Report for Rx 6845964  [06-09-2001]

33A.  Copy of Rx 6845964  [04-11-2001]

33B.  The Pharm #916 Customer Receipt for Rx 6845964  [05-29-2001]

34.  Professional Liability Claim Report for Rx 6846870  [04-26-2001]

34A.  Copy of Rx 6846870  [04-23-2001]

34B.  The Pharm #916 Customer Receipt for Rx 6846870  [04-23-2001]

35.  Seaway Food Town Prescription Drug Claim/Complaint Report for Rx 6849422 [06-19-2001]

35A.  Copy of Rx 6849422  [05-31-2001]

35B.  The Pharm #916 Customer Receipt for Rx 6849422  [10-27-2001]

36.  Seaway Food Town Prescription Drug Claim/Complaint Report for Rx 4432919  [06-14-2001]

36A.  Copy of Rx 6850478  [06-14-2001]

36B.  The Pharm #916 Customer Receipt for Rx 4432919  [06-13-2001]

36C.  The Pharm #916 Customer Receipt for Rx 6850478  [07-06-2001]

37.  Professional Liability Claim Report for Rx 6843820  [08-28-2001]

37A.  Copy of Refill Log page with Rx 6843820 Label  [07-23-2001]

37B.  The Pharm #916 Customer Receipt for Rx 6843820  [07-23-2001]

38.  Robert C. Ferguson Settlement Agreement with the State Board of Pharmacy  [05-14-1996]

39.  Error in Dispensing Report by Board of Pharmacy Agent Todd Knauss at Pharm #916  [09-24-2001]

40.  Dangerous Drug Distributor Inspection Report for Pharm #916  [08-16-2001]

 

 

Respondent's Exhibits

A1.  The Pharm #916 Sales Analysis By Time Schedule Report  [08/07/2000]

A2.  The Pharm #916 Computer Printouts of Summary Reports Covering November 1998  [05-23-1999]

A3.  The Pharm #916 Computer Printouts of Summary Reports Covering December 1998  [05-23-1999]

A4.  The Pharm #916 Computer Printouts of Summary Reports Covering January 1999  [05-23-1999]

A5.  The Pharm #916 Computer Printouts of Summary Reports Covering February 1999  [05-23-1999]

A6.  The Pharm #916 Computer Printouts of Summary Reports Covering March 1999  [05-23-1999]

A7.  The Pharm #916 Computer Printouts of Summary Reports Covering April 1999  [05-23-1999]

A8.  The Pharm #916 Computer Printouts of Summary Reports Covering May 1999  [06-06-1999]

A9.  The Pharm #916 Computer Printouts of Summary Reports Covering June 1999  [07-04-1999]

A10.  The Pharm #916 Computer Printouts of Summary Reports Covering July 1999  [08-15-1999]

A11.  The Pharm #916 Computer Printouts of Summary Reports Covering August 1999  [09-05-1999]

A12.  The Pharm #916 Computer Printouts of Summary Reports Covering September 1999  [10-23-1999]

A13.  The Pharm #916 Computer Printouts of Summary Reports Covering October 1999  [11-06-1999]

A14.  The Pharm #916 Computer Printouts of Summary Reports Covering November 1999  [12-05-1999]

A15.  The Pharm #916 Computer Printouts of Summary Reports Covering December 1999  [01-02-2000]

A16.  The Pharm #916 Computer Printouts of Summary Reports Covering January 2000  [02-26-2000]

A17.  The Pharm #916 Computer Printouts of Summary Reports Covering February 2000  [03-11-2000]

A18.  The Pharm #916 Computer Printouts of Summary Reports Covering March 2000  [04-08-2000]

A19.  The Pharm #916 Computer Printouts of Summary Reports Covering April 2000  [05-06-2000]

A20.  The Pharm #916 Computer Printouts of Summary Reports Covering May 2000  [06-03-2000]

A21.  The Pharm #916 Computer Printouts of Summary Reports Covering June 2000  [07-15-2000]

A22.  Letter and Psychological Evaluation re Robert C. Ferguson from Frederick P. Ferri, Ph.D.  [05-29-2002]

A23.  Affidavit of Leona Booher  [06-04-2002]

 

 

FINDINGS OF FACT

 

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

 

 

(1)  Records of the State Board of Pharmacy indicate that Robert C. Ferguson was originally licensed by the State of Ohio on February 26, 1980, pursuant to ex­amination, and is currently licensed to practice pharmacy in the state of Ohio.  Records further reflect that, on May 14, 1996, Robert C. Ferguson entered into a Settlement Agreement after being charged administratively by the Board of Pharmacy for misbranding a drug, falsifying and/or altering computer data, failing to perform prospective drug utilization and lying to and/or withholding truth from a Board agent who was investigating the matter of misbranding medicine.

 

 

(2) Robert C. Ferguson did, on or about October 15, 1998, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for Procardia XL 60mg, Rx 6764504, Robert C. Ferguson dispensed Procardia XL 30mg.  Such conduct is in violation of Sec­tion 3715.52(A)(2) of the Ohio Revised Code.

 

 

(3) Robert C. Ferguson did, on or about October 16, 1998, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for Cephalexin 250mg, Rx 6773366, Robert C. Ferguson dispensed Cephalexin 500mg.  Such conduct is in violation of Sec­tion 3715.52(A)(2) of the Ohio Revised Code.

 

 

(4)  Robert C. Ferguson did, on or about October 24, 1998, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for trazodone 50mg, Rx 6771562, Robert C. Ferguson dispensed desipramine 50mg.  Such conduct is in violation of Sec­tion 3715.52(A)(2) of the Ohio Revised Code.

 

 

(5)  Robert C. Ferguson did, on or about December 18, 1998, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for Cyclocort Cream, Rx 6778564, Robert C. Ferguson dispensed Cyclocort Ointment.  Such conduct is in violation of Sec­tion 3715.52(A)(2) of the Ohio Revised Code.

 

 

(6)  Robert C. Ferguson did, on or about December 28, 1998, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for Ovcon 50, Rx 6757379, Robert C. Ferguson dispensed Ovcon 35.  Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

 

 

(7)  Robert C. Ferguson did, on or about January 20, 1999, February 18, 1999, March 22, 1999, and again on April 21, 1999, misbrand a drug, to wit: when Robert C. Fergu­son received a prescription for Zyrtec 10mg, take one daily as needed, Rx 6780765, Robert C. Ferguson dispensed Zyrtec 10mg, take one, 3 times daily, as needed.  Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

 

 

(8)  Robert C. Ferguson did, on or about February 3, 1999, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for Magna C-7 Forte, Rx 6770173, Robert C. Ferguson dispensed Magna C-7.  Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

 

 

(9)  Robert C. Ferguson did, on or about February 24, 1999, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for trifluoperazine 2mg, Rx 6783996, Robert C. Ferguson dispensed trihexyphenidyl 2mg.  Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

 

 

(10)  Robert C. Ferguson did, on or about March 5, 1999, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for Limbitrol 5/12.5mg, Rx 4424421, Robert C. Ferguson dispensed Librax.  Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

 

 

(11)  Robert C. Ferguson did, on or about March 22, 1999, dispense a generic drug when the patient had instructed Robert C. Ferguson not to substitute for the brand, to wit: when Robert C. Ferguson received a prescription for Estrace 0.5mg, Rx 6786347, Robert C. Ferguson dispensed estradiol 0.5mg.  When the patient brought the medi­cation back to the pharmacy, Robert C. Ferguson took the vial and placed the proper label on it, but Robert C. Ferguson did not replace the generic medication with the brand named drug.  Such conduct is in violation of Section 4729.38 of the Ohio Re­vised Code.

 

 

(12)  Robert C. Ferguson did, on or about April 14, 1999, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for Estraderm 0.1mg, Rx 6786090, Robert C. Ferguson dispensed Climara 0.1mg.  Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

 

 

(13)  Robert C. Ferguson did, on or about June 2, 1999, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for Dexamethasone 0.5/5ml 3ml TID, Rx 6792179, Mr. Ferguson dispensed Dexamethasone 0.5/5ml 3tsp TID.  Robert C. Ferguson told the patient that he believed she would notice the mistake, and thus Robert C. Ferguson did not call her when Mr. Ferguson discovered the error.  Such con­duct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

 

 

(14)  Robert C. Ferguson did, on or about June 23, 1999, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for Minocin 100mg, Rx 6793810, Robert C. Ferguson dispensed minocycline 50mg.  Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

 

 

(15)  Robert C. Ferguson did, on or about June 24, 1999, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for Darvon Cpd-65, Rx 4425330, Robert C. Ferguson dispensed Propacet 100mg.  Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

 

 

(16)  Robert C. Ferguson did, on or about July 12, 1999, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for Prempro 0.625/5mg, Rx 6795137, Robert C. Ferguson dispensed Prempro 0.625/2.5 mg.  Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

 

 

(17)  Robert C. Ferguson did, on or about July 31, 1999, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for HCTZ 25mg, Rx 6793997, Robert C. Ferguson dispensed HCTZ 50mg.  Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

 

 

(18)  Robert C. Ferguson did, on or about July 31, 1999, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for Fioricet, Rx 6796486, Robert C. Fergu­son dispensed the drug but placed the patient's daughter's name on the vial rather than that of the patient.  Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

 

 

(19)  Robert C. Ferguson did, on or about August 19, 1999, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for Lipitor 20mg, Rx 6783438, Robert C. Ferguson dispensed Lipitor 10 mg.  Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

 

 

(20)  Robert C. Ferguson did, on or about September 8, 1999, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for Prednisone 2mg, RX 6799341, Robert C. Ferguson dispensed Prednisone 20mg.  Such conduct is in violation of Sec­tion 3715.52(A)(2) of the Ohio Revised Code.

 

 

(21)  Robert C. Ferguson did, on or about September 8, 1999, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for MetroGel-Vaginal 0.75%, Rx 6799422, Robert C. Ferguson dispensed MetroGel Topical 0.75%.  Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

 

 

(22)  Robert C. Ferguson did, on or about September 23, 1999, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for Wellbutrin 100 mg, Rx 6786558, Robert C. Ferguson dispensed Wellbutrin SR 100mg.  The patient indicated that this was the second incident.  Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

 

 

(23)  Robert C. Ferguson did, on or about January 5, 2000, and again on February 2, 2000, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for Cardizem CD 120 mg, Rx 6809171, Robert C. Ferguson labeled the vial as if Robert C. Ferguson had dispensed a generic drug other than what Robert C. Ferguson had in fact dispensed.  Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

 

 

(24)  Robert C. Ferguson did, on or about March 3, 2000, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for Lorazepam 0.5mg, Rx 4427295, Robert C. Ferguson dispensed Alprazolam 0.5mg.  Such conduct is in violation of Sec­tion 3715.52(A)(2) of the Ohio Revised Code.

 

 

(25)  Robert C. Ferguson did, on or about April 19, 2000, dispense a generic drug when the physician had written DAW on the prescription, to wit: when Robert C. Fer­guson received a prescription for Inderal LA 80mg, Rx 6817286, Robert C. Ferguson dispensed propranolol LA 80mg.  Such conduct is in violation of Section 4729.38 of the Ohio Revised Code.

 

 

(26)  Robert C. Ferguson did, on or about February 12, 2001, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for Monodox 100mg, one at bedtime, Rx 6841312, Robert C. Ferguson dispensed the drug but stated incorrect directions for use as apply at bedtime.  Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

 

 

(27)  Robert C. Ferguson did, on or about February 15, 2001, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for Remeron Sol 15mg, Rx 6841521, Robert C. Ferguson dispensed Remeron Sol 30mg.  Such conduct is in violation of Sec­tion 3715.52(A)(2) of the Ohio Revised Code.

 

 

(28)  Robert C. Ferguson did, on or about February 21, 2001, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for Maxzide 25mg, Rx 6841992, Robert C. Ferguson dispensed Maxzide 75mg.  Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

 

 

(29)  Robert C. Ferguson did, on or about February 21, 2001, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for Darvocet N-100, Rx 4431815, Robert C. Ferguson dispensed a drug but labeled the vial with the name of a person who was not the patient and Robert C. Ferguson dispensed the medication to someone other than the intended patient.  Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised .

 

 

(30)  Robert C. Ferguson did, on or about February 23, 2001, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for HCTZ 25mg, Rx 6842290, Robert C. Ferguson dispensed hydroxyzine HCL 25mg.  Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

 

 

(31)  Robert C. Ferguson did, on or about February 24, 2001, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for Dallergy ER, Rx 6837452, Robert C. Ferguson dispensed generic Dallergy-JR.  Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

 

 

(32)  Robert C. Ferguson did, on or about March 21, 2001, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for Zyprexa 5mg, Rx 6840448, Robert C. Ferguson dispensed Zyrtec 10mg.  Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

 

 

(33)  Robert C. Ferguson did, on or about April 11, 2001, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for Atarax 25mg, two at HS, Rx 6845964, Robert C. Ferguson dispensed generic Atarax 25mg, three at HS.  Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

 

 

(34)  Robert C. Ferguson did, on or about April 23, 2001, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for Zoloft 50mg, Rx 6846870, Robert C. Ferguson dispensed Zoloft 100mg.  Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

 

 

(35)  Robert C. Ferguson did, on or about May 31, 2001, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for Synthroid 0.25 mg, Rx 6849422, Robert C. Ferguson dispensed Synthroid 0.025 mg. Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

 

 

(36)  Robert C. Ferguson did, on or about June 13, 2001, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for Penicillin 500mg, Rx 4432919, Robert C. Ferguson dispensed Darvocet N-100.  Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

 

 

(37)  Robert C. Ferguson did, on or about July 31, 2001, misbrand a drug, to wit: when Robert C. Ferguson received a prescription for Wellbutrin SR 150mg, Rx 6843820, Robert C. Ferguson dispensed Wellbutrin SR 100mg.  Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

 

 

CONCLUSIONS OF LAW

 

(1)  The State Board of Pharmacy concludes that paragraphs (2) through (37) of the Findings of Fact constitute being guilty of unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code.

 

 

(2)  The State Board of Pharmacy concludes that paragraphs (2) through (37) of the Findings of Fact constitute being 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.

 

 

(3)  The State Board of Pharmacy concludes that paragraphs (2) through (37) of the Findings of Fact constitute being guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapters 3715. and 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 takes the following actions in the matter of Robert C. Ferguson:

 

 

(A)  On the basis of the Findings of Fact and paragraph (1) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes the pharmacist identifica­tion card, No. 03-1-13547, held by Robert C. Ferguson effective as of the date of the mailing of this Order.

 

 

(B)  On the basis of the Findings of Fact and paragraph (2) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes the pharmacist identifica­tion card, No. 03-1-13547, held by Robert C. Ferguson effective as of the date of the mailing of this Order.

 

 

(C)  On the basis of the Findings of Fact and paragraph (3) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes the pharmacist identifica­tion card, No. 03-1-13547, held by Robert C. Ferguson effective as of the date of the mailing of this Order.

 

 

Pursuant to Section 4729.16(B) of the Ohio Revised Code, Robert C. Ferguson 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 Mrs. Teater and approved by the Board (Aye-5/Nay-2).

  4:55 p.m.

 

 

Ms. Eastman moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code.  The motion was seconded by Mr. Turner 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.

  5:36 p.m.

 

 

The Executive Session ended and the meeting was opened to the public.  President Abele administered the following Oath of Office to President-Elect Diane Adelman:

 

OATH  OF PRESIDENT

I, Diane C. Adelman, as President of the Ohio Board of Pharmacy do solemnly swear to uphold the Constitution of the United States and the state of Ohio; to impartially enforce the laws governing the profession of pharmacy and the legal distribution of drugs in the state of Ohio; and carry out the responsibilities of the Board as mandated by the laws of the state of Ohio without bias or prejudice, so help me God.

 

 

President Abele then administered the following Oath of Office to Vice President-Elect Robert Giacalone:

 

OATH  OF  VICE PRESIDENT

I, Robert P. Giacalone, as Vice President of the Ohio Board of Pharmacy do solemnly swear to uphold the Constitution of the United States and the state of Ohio; to impartially enforce the laws governing the profession of pharmacy and the legal distribution of drugs in the state of Ohio; and carry out the responsibilities of the Board as mandated by the laws of the state of Ohio without bias or prejudice, so help me God.

  5:46 p.m.

 

 

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

 

 

PER DIEM

04/12

05/18-22

05/30

06/03

06/04

06/05

Total

 

Abele

1

5

-

1

1

1

9

 

Adelman

-

-

-

1

1

1

3

 

Braylock

-

-

1

1

1

1

4

 

Eastman

-

-

-

1

1

1

3

 

Giacalone

-

-

-

1

1

1

3

 

Kost

-

-

-

1

1

1

3

 

Lipsyc

-

-

-

-

-

-

0

 

Teater

-

-

1

1

1

1

4

 

Turner

-

-

-

1

1

1

3

 

 

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

  5:47 p.m.

 

 

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

 

 

 

 

THE BOARD APPROVED THESE MINUTES

JULY 9, 2002