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

July 8, 9, 2002

MONDAY, JULY 8, 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:
	Diane C. Adelman, R.Ph. (President); Robert P. Giacalone, R.Ph. (Vice-President); Gregory Braylock, R.Ph.; Suzanne R. Eastman, R.Ph.; Elizabeth I. Gregg, 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.
10:10 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 Adelman as follows: Braylock-Yes, Eastman-Yes, Giacalone-Yes, Gregg-Yes, Kost-Yes, Lipsyc-Yes, Teater-Yes, and Turner-Yes.
11:40 a.m.	The Executive Session ended and the meeting was opened to the public.
R-2003-001	Mr. Braylock moved that the Board reject the settlement offers received in the matters of Kinsman Pharmacy, Robert Sutton, and Donald Sutton, R.Ph. The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).
R-2003-002	Ms. Eastman then moved that the Board table the settlement offer from ConvaMed Pharmacy pending the receipt of further information. The motion was seconded by Mr. Turner and approved by the Board (Aye-8/Nay-0).
11:46 a.m.	The meeting was recessed for lunch.
1:09 p.m.	The meeting resumed in Room East-B, 31st Floor, Vern Riffe Center for Government and the Arts with all members present.
R-2003-003	Mr. Keeley presented a request from the Immunization Program at the University of Cincinnati to allow them to put the didactic portion of their immunization program on-line so that students could access it from the Internet. The Administration Laboratory would still require live participation. After discussion, it was the consensus of the Board that if the program content had not changed, a fact to be verified by Mr. Keeley, then no further Board approval was needed to put the didactic portion on-line. Mr. Keeley then presented a set of proposed rule changes and additions on behalf of the Ad Hoc Committee on Rule Review. The Board members discussed several issues with the rules and suggested some changes to the Ad Hoc Committee’s proposals. Mr. Keeley will make the suggested changes and return at the August meeting to continue the discussion.
R-2003-004	Mr. McMillen presented a request for approval of an internship license from Bethany Holycross Gaillot. Ms. Gaillot had been licensed as a pharmacist in Indiana with only 1,000 hours and thus needed 500 hours of internship credit to meet Ohio’s required total of 1,500 hours. She needed the Board’s approval due to the period of time she had been away from the actual practice of pharmacy. After discussion, Mr. Kost moved that the Board approve the issuance of an intern license to her so she could get the other 500 hours of credit needed. The motion was seconded by Mrs. Teater and approved by the Board (Aye-8/Nay-0).
R-2003-005	Mr. Benedict presented a request from Eric Remster, R.Ph. asking for a waiver from the requirements of Rule 4729-5-11(A) to allow him to serve as responsible pharmacist at more than one location. After discussion, Ms. Eastman moved that the request be approved for 120 days at the following two locations: Specialty Hospital of Lorain (02-1187550) Comm. Health Partners of Ohio (02-1011900) The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).
R-2003-006	Mr. Benedict next presented a request from Edward Higgins, R.Ph. asking for a waiver from the requirements of Rule 4729-5-11(A) to allow him to serve as responsible pharmacist at four locations until renewal time. After discussion, Mr. Turner moved that the request be denied. The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0). Mr. Kost and Mr. Braylock reported that no meeting of the Nursing Board’s CPG committee had been held. Mr. Benedict reported that no meeting of the Medical Board’s Prescribing Committee had been held. Mr. Keeley presented a preliminary year-end financial report to the Board. Mr. Keeley then discussed his legislative report with the Board. Mr. McMillen discussed his licensing report with the Board.
4:06 p.m.	The meeting was recessed until Tuesday, July 9, 2002.

tuesday, july 9, 2002

9:30 a.m.	ROLL CALL
	The State Board of Pharmacy reconvened 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: Diane C. Adelman, R.Ph. (President); Robert P. Giacalone, R.Ph. (Vice-President); Suzanne R. Eastman, R.Ph.; Elizabeth I. Gregg, R.Ph.; Lawrence J. Kost, R.Ph.; Nathan S. Lipsyc, R.Ph.; Dorothy S. Teater, Public Member; and James E. Turner, R.Ph.
9:35 a.m.	After discussing the draft of the minutes from the June, 2002 meeting, Mrs. Teater moved that the minutes be approved as amended. The motion was seconded by Mr. Lipsyc and approved by the Board (Aye-6/Nay-0/Abstain-1[Gregg]). Mr. Winsley announced that the following Settlement Agreements had been signed by all parties and were effective as of the date of the President’s signature:
R-2003-007	SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY (Docket No. D-010917-011) In The Matter Of: THOMAS L. JIRLES, R.Ph. 1911 Meander Drive Columbus, Ohio 43229 (R.Ph. No. 03-1-08568) This Settlement Agreement is entered into by and between Thomas L. Jirles and the Ohio State Board of Pharmacy, a state agency charged with enforcing the Pharmacy Practice Act and Dangerous Drug Distribution Act, Chapter 4729. of the Ohio Revised Code. Thomas L. Jirles enters into this Agreement being fully informed of his rights afforded under Chapter 119. of the Ohio Revised Code, including the right to representation by counsel and the right to a formal adjudication hearing on the issues contained herein. Thomas L. Jirles is knowingly and voluntarily acknowledging that, in order to settle the disciplinary charges that have been filed by the Board against him and in order to obviate the need to conduct an administrative hearing to consider possible disciplinary sanctions against Thomas L. Jirles’ license to practice pharmacy in the State of Ohio, this Agreement is entered into on the basis of the following stipulations, admissions, and understandings:
	(A) The Ohio State Board of Pharmacy is empowered by Section 4729.16 of the Ohio Revised Code to suspend, revoke, place on probation, refuse to grant or renew an identification card, or impose a monetary penalty on the license holder for violation of any of the enumerated grounds. (B) Thomas L. Jirles neither admits nor denies the allegations stated in the Notice of Opportunity for Hearing letter dated September 17, 2001; however, the Board has evidence sufficient to sustain the allegations and hereby adjudicates the same:
	(1) Records of the Board of Pharmacy indicate that you were originally licensed in the State of Ohio on June 27, 1966, pursuant to examination, and are currently licensed to practice pharmacy in the State of Ohio. Records further reflect during the relevant time periods stated herein, you were the Responsible Pharmacist at CVS Pharmacy #6153 pursuant to Sections 4729.27 and 4729.55 of the Ohio Revised Code and Rule 4729-5-11 of the Ohio Administrative Code. (2) You did, on or about May 8, 2001, dispense a drug pursuant to prescription without having the correct directions for use indicated on the label affixed to the container, to wit: when dispensing prescription number 267228, you did not indicate the directions for use of the drug as was prescribed by the physician. The patient, an 11-month old child, was administered eight (8) teaspoons of amoxicillin suspension 250mg/5ml twice daily, although prescribed to take eight (8) ml twice daily, the child experienced vomiting and diarrhea for three (3) days as a result. Such conduct is in violation of Rule 4729-5-16 of the Ohio Administrative Code, and if proven constitutes unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code. (3) You did, on or about May 8, 2001, misbrand a drug, to wit: when you received prescription number 267228 for amoxicillin suspension 250mg/5ml, to be administered to the patient as eight (8) ml twice daily, you incorrectly labeled the prescription container with directions which were dangerous to the patient when consumed according to the label. Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code (relating to Section 3715.64(A)(11) of the Ohio Revised Code), and if proven constitutes unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code. (4) You did, on or about May 8, 2001, fail to perform prospective drug utilization review, to wit: when dispensing medication to a patient pursuant to prescription number 267228, you failed to review the original prescription for over-utilization, incorrect drug dosage and duration of drug treatment, and misuse. Such conduct is in violation of Rule 4729-5-20 of the Ohio Administrative Code, and if proven constitutes being guilty of unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code.
	Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of a formal hearing at this time, Thomas L. Jirles knowingly and voluntarily agrees with the State Board of Pharmacy to the following:
	(A) Pursuant to Sections 4729.16 and 4729.25(B), Thomas L. Jirles is hereby reprimanded for the aforementioned violations of rules and/or laws. (B) Thomas L. Jirles agrees to the imposition of a monetary penalty of Two Hundred and Fifty Dollars ($250.00) due and owing within thirty days from the effective date of this Agreement. The monetary penalty 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, 17th Floor, Columbus, Ohio 43266-0320.
	Thomas L. Jirles acknowledges that he has had an opportunity to ask questions concerning the terms of this agreement and that all questions asked have been answered in a satisfactory manner. Any action initiated by the Board based on alleged violation of this Agreement shall comply with the Administrative Procedure Act, Chapter 119. of the Ohio Revised Code. Thomas L. Jirles waives any and all claims or causes of action he may have against the State of Ohio or the Board, and members, officers, employees, and/or agents of either, arising out of matters which are the subject of this Agreement. Thomas L. Jirles waives any rights of appeal pursuant to Chapter 119. of the Ohio Revised Code. This Settlement Agreement shall be considered a public record, as that term is used in Section 149.43 of the Ohio Revised Code, and shall become effective upon the date of the Board President’s signature below.

/s/          Thomas L. Jirles	/d/     1-31-2002
Thomas L. Jirles, Respondent	Date of Signature
verbal consent by David Grauer
and Susan Delmonico, Attys DLR
David W. Grauer, Attorney for Respondent	Date of Signature
/s/          Ann D. Abele	/d/     6/21/02
Ann D. Abele, President, Ohio State Board of Pharmacy	Date of Signature
/s/          Sally Ann Steuk	/d/      6-18-02
Sally Ann Steuk, Ohio Assistant Attorney General	Date of Signature

R-2003-008	SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY (Docket No. D-020206-037) In the Matter of: PetMed Express, Inc. c/o Richard C. Schwartz, R.Ph. 1441 S.W. 29th Avenue Pampano Beach, Florida 33069 (Terminal Distributor No. 02-1010000) This Settlement Agreement is entered into by and between PetMed Express, Inc., and the Ohio State Board of Pharmacy, a state agency charged with enforcing the Pharmacy Practice Act and Dangerous Drug Distribution Act, Chapter 4729. of the Ohio Revised Code. PetMed Express, Inc., enters into this Agreement being fully informed of its rights afforded under Chapter 119. of the Ohio Revised Code, including the right to representation by counsel and the right to a formal adjudication hearing on the issues contained herein. PetMed Express, Inc., is knowingly and voluntarily acknowledging that, in order to settle the charges that have been filed by the Board against PetMed Express, Inc., and in order to obviate the need to conduct an administrative hearing to consider disciplinary sanctions against its license, PetMed Express, Inc., enters into this settlement agreement. PetMed Express, Inc., expressly denies the allegations stated in the Notice of Opportunity for hearing letter dated February 6, 2002, attached hereto and incorporated herein for reference purposes; however, the Board believes that it has evidence sufficient to sustain the allegations to adjudicate the same. This Agreement is entered into on the basis of the following stipulations, admissions, and understandings:
	(1) The Ohio State Board of Pharmacy is empowered by Section 4729.57 of the Ohio Revised Code to suspend, revoke, refuse to renew, or impose a monetary penalty on any terminal distributor of dangerous drugs for violation of any of the enumerated grounds. (2) PetMed Express, Inc., is licensed with the Ohio State Board of Pharmacy as a Terminal Distributor of Dangerous Drugs pursuant to Section 4729.551 of the Ohio Revised Code; Richard C. Schwartz, R.Ph., is the Responsible Pharmacist pursuant to Rule 4729-5-11 of the Ohio Administrative Code and Sections 4729.27 and 4729.55 of the Ohio Revised Code. (3) This agreement settles all matters between the parties, both known and unknown, which could be the subject of disciplinary action, including actions which may be taken by other licensing authorities for acts which may have occurred prior to the date of this agreement, up to the time of the execution of this agreement.
	Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of any formal proceedings at this time, PetMed Express, Inc., knowingly and voluntarily agrees with the State Board of Pharmacy to the following:
	(A) PetMed Express, Inc., agrees to the imposition of a monetary penalty of Thirty-Five Thousand Dollars ($35,000.00) due and owing as follows: Five-Thousand Dollars ($5,000.00) per month for a period of seven consecutive months, the first payment to be made within 30 days of the effective date of this Agreement. Additionally, PetMed Express, Inc., agrees to reimburse the Ohio State Board of Pharmacy for its documented costs of investigation, capped at the sum of Nine Thousand Dollars ($9,000.00), payable within 30 days of the effective date of this Agreement. The monetary penalty and costs of investigation should be made payable to the “Treasurer, State of Ohio” and mailed with the enclosed form to the State Board of Pharmacy, 77 S. High Street, Room 1702, Columbus, Ohio 43215-6126. (B) PetMed Express, Inc., agrees to the imposition of a five-year term of probation; PetMed Express, Inc., may petition the Board for early termination of said probation at any time after three years from the date of this agreement. (C) Terms of probation include the following:
	(1) PetMed Express, Inc., agrees to abide by the laws and regulations of the states in which it practices pharmacy and/or dispenses drugs pursuant to prescriptions. (2) PetMed Express, Inc., when dispensing medications into the State of Ohio, agrees to refrain from knowingly accepting prescriptions from veterinarians who have not physically examined the animal and therefore established a legitimate veterinarian/client/patient relationship. (3) PetMed Express, Inc., agrees to promptly disclose to the Ohio State Board of Pharmacy any disciplinary action taken or imposed by any governmental licensing authority.
	If, in the judgment of the Board, exercised after a good faith investigation, PetMed Express, Inc., has violated or breached any terms or conditions of this Agreement, the Ohio State Board of Pharmacy reserves the right to, at any time, institute formal disciplinary proceedings for any and all possible violations or breaches, including but not limited to, alleged violation of the laws of Ohio occurring before the effective date of this Agreement. PetMed Express, Inc., acknowledges that it has had an opportunity to ask questions concerning the terms of this agreement and that all questions asked have been answered in a satisfactory manner. Any action initiated by the Board based on alleged violation of this Agreement shall comply with the Administrative Procedure Act, Chapter 119. of the Ohio Revised Code. PetMed Express, Inc., waives any and all claims or causes of action it may have against the State of Ohio or the Board, and members, officers, employees, and/or agents of either, arising out of matters which are the subject of this Agreement. This Settlement Agreement shall be considered a public record, as that term is used in Section 149.43 of the Ohio Revised Code, and shall become effective upon the date of the Board President’s signature below.

/s/          Menderes Akdag	/d/     06-05-02
Representative on behalf of PetMed Express, Inc.	Date of Signature
/s/          Edward D. Rickert	/d/     6/3/02
Edward D. Rickert, Attorney for PetMed Express, Inc.	Date of Signature
/s/          Daniel D. Connor	/d/     6-3-02
Daniel D. Connor, Attorney for PetMed Express, Inc.	Date of Signature
/s/          Ann D. Abele	/d/     6/12/02
Ann D. Abele, President, Ohio State Board of Pharmacy	Date of Signature
/s/          Sally Ann Steuk	/d/      6--7-02
Sally Ann Steuk, Ohio Assistant Attorney General	Date of Signature

	A brief discussion of the Budget for FYs 2004-2005 was held. No information had been received from the Office of Budget and Management about the budget process, but the consensus of the Board was that there would be no staff increases requested for this budget. The goal of this budget process would be to obtain authorization to maintain the approved staffing and operational levels from the FYs 2002-2003 Budget. President Adelman administered the following Oath of Office to Elizabeth I. Gregg, R.Ph., and Lawrence Kost, R.Ph., the two members appointed for the July 1, 2002-June 30, 2006 term:
	OATH OF NEWLY-APPOINTED MEMBER I, Elizabeth I. Gregg, as a Member 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. OATH OF RE-APPOINTED MEMBER I, Lawrence J. Kost, as a Member 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.
10:25 a.m.	Mrs. Gregg left the meeting for administrative reasons.
R-2003-009	Mr. McMillen presented a request for the Board to recognize the Certified Specialist in Poison Information (CSPI) certification as meeting the requirements of Rule 4729-7-08 for Alternative C.P.E. After discussion by the members present, Mr. Turner moved that the Board approve the CSPI certification as meeting the requirements of Rule 4729-7-08. The motion was seconded by Mr. Lipsyc and approved by the Board (Aye-6/Nay-0).
10:45 a.m.	Mrs. Gregg returned to the meeting. Mr. Rowland joined the Board to discuss various legal issues that might arise during the course of the year in administrative hearings and court cases. The Board then set the tentative calendar of meetings for FY 2004 as follows: July 14-16, 2003 August 4-6, 2003 September 8-10, 2003 October 13-15, 2003 November 3-5, 2003 December 8-10, 2003 January 5-7, 2004 February 2-4, 2004 March 8-10, 2004 April 5-7, 2004 May 3-5, 2004 June 7-9, 2004
11:55 a.m.	The Board recessed for lunch.
1:00 p.m.	The Board convened in Room 1960, 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:
	Diane C. Adelman, R.Ph. (President); Robert P. Giacalone, R.Ph. (Vice-President); Suzanne R. Eastman, R.Ph.; Elizabeth I. Gregg, R.Ph.; Lawrence J. Kost, R.Ph.; Nathan S. Lipsyc, R.Ph.; Dorothy S. Teater, Public Member; and James E. Turner, R.Ph.
R-2003-010	Following presentations by Board members and self-introductions by the candidates for licensure by reciprocity, Mr. Kost moved that the Board approve the following candidates for licensure. The motion was seconded by Mr. Lipsyc and approved by the Board (Aye-7/Nay-0).

NIKKI LYNNE HUDAK FINK	03-2-25379	PENNSYLVANIA
MICHAEL GANIO	03-2-25310	NEW JERSEY
SUSAN MARIE GEORGE	03-2-25180	PENNSYLVANIA
ANGELA I-CHUN HU	03-2-25403	INDIANA
ANISHA JOSEPH	03-2-25404	WEST VIRGINIA
JOHN CARL KUTH	03-2-25282	MINNESOTA
AARON LOUIS MOORE	03-2-25432	WEST VIRGINIA
TAMARA LEIGH WALCZYK	03-2-25352	PENNSYLVANIA

1:17 p.m.	The Board reconvened in Room East-B, 31st Floor to continue the Board meeting.
1:18 p.m.	Mr. Lipsyc moved that the Board receive Per Diem as follows:

PER DIEM	7/8	7/9	Total
Adelman	1	1	2
Braylock	1	-	1
Eastman	1	1	2
Giacalone	1	1	2
Gregg	1	1	2
Kost	1	1	2
Lipsyc	1	1	2
Teater	1	1	2
Turner	1	1	2

	The motion was seconded by Mrs. Gregg and approved by the Board (Aye-7/Nay-0).
1:19 p.m.	Mr. Lipsyc moved that the meeting be adjourned. The motion was seconded by Mr. Turner and approved (Aye-7/Nay-0).

THE BOARD APPROVED THESE MINUTES

AUGUST 6, 2002