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

August 5, 6, 7, 2002

MONDAY, AUGUST 5, 2002

10:00 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:
	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.
	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.
R-2003-011	After a discussion of information received regarding the NABP/AACP District IV meeting to be held October 4-6, 2002 in Grand Rapids, Michigan, Mr. Turner moved that the Board authorize Mrs. Adelman and Mr. Winsley to attend the meeting, that their expenses be paid by the Board, and that the time spent at the meeting be considered as time worked. The motion was seconded by Mrs. Teater and approved by the Board (Aye-7/Nay-0).
10:05 a.m.	Mrs. Gregg moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code and for the purpose of conferring with an attorney for the Board regarding pending or imminent court action pursuant to Section 121.22(G)(3) of the Revised Code. The motion was seconded by Mr. Lipsyc and a roll call vote was conducted by President Adelman as follows: Eastman-Yes, Giacalone-Yes, Gregg-Yes, Kost-Yes, Lipsyc-Yes, Teater-Yes, and Turner-Yes.
10:06 a.m.	Gregory Braylock, R.Ph. arrived and joined the Executive Session in progress.
11:35 a.m.	The Executive Session ended and the meeting was opened to the public.
R-2003-012	Mr. Giacalone moved that, pursuant to Section 3719.121 of the Revised Code, the Board summarily suspend the license to practice pharmacy belonging to Matthew Nourse, R.Ph. (03-1-22575) 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 Ms. Eastman and approved by the Board (Aye-8/Nay-0).
R-2003-013	Mr. Giacalone then moved that the Board accept the settlement offer as revised by the Board received in the matter of Richard Ridzon, R.Ph. The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).
R-2003-014	Ms. Eastman then moved that the Board deny the settlement offer from Joseph Cusma, R.Ph. The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).
R-2003-015	After reviewing the documentation submitted on behalf of Michele Midlick, R.Ph., the consensus of the Board was that she has not yet complied with the requirements of her Board order.
11:48 a.m.	The meeting was recessed for lunch.
12:55 p.m.	The meeting resumed in Room East-B, 31st Floor, Vern Riffe Center for Government and the Arts with all members present.
1:04 p.m.	Mr. Lipsyc moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code. The motion was seconded by Mrs. Gregg 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.
1:14 p.m. R-2003-016	The Executive Session ended and the meeting was opened to the public. Mr. Braylock moved that the Board deny the settlement offer received in the matter of Charles Willson, R.Ph. and that the hearing be held as scheduled. The motion was seconded by Mr. Turner and approved by the Board (Aye-8/Nay-0).
1:15 p.m.	The Board took a brief recess.
1:30 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 Charles R. Willson, R.Ph., Berlin Center.
6:44 p.m.	The hearing ended and the record was closed.
6:45 p.m.	Mrs. Gregg moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code. The motion was seconded by Mr. Braylock and a roll call vote was conducted by President Adelman as follows: Braylock-Yes, Giacalone-Yes, Gregg-Yes, Eastman-Yes, Lipsyc-Yes, Kost-Yes, Teater-Yes, and Turner-Yes.
7:35 p.m. R-2003-017	The Executive Session ended and the meeting opened to the public. Mr. Braylock moved that the Board adopt the following Order in the matter of Charles R. Willson, R.Ph.:
	ORDER OF THE STATE BOARD OF PHARMACY (Docket No. D-010313-047) In The Matter Of: CHARLES R. WILLSON, R.Ph. 13804 Leffingwell Road Berlin Center, Ohio 44401 (R.Ph. No. 03-3-15794)
	INTRODUCTION THE MATTER OF CHARLES R. WILLSON CAME FOR HEARING ON AUGUST 5, 2002, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: DIANE C. ADELMAN, R.Ph. (presiding); GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, 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.
	CHARLES R. WILLSON WAS REPRESENTED BY DAVID W. GRAUER AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.
	SUMMARY OF EVIDENCE State's Witnesses 1. David Gallagher, Ohio State Board of Pharmacy 2. Timothy J. Benedict, R.Ph., Ohio State Board of Pharmacy Respondent's Witnesses 1. Charles R. Willson, R.Ph., Respondent
	State's Exhibits 1. Copy of Summary Suspension Order/Notice of Opportunity for Hearing [03-13-01] 1A-1D. Procedurals 1E. Copy of Addendum Notice [08-16-01] 1F-1H. Procedurals 1I. Copy of Amendment Notice [09 20-01] 1J-1Q. Procedurals 1R. Copy of Addendum Notice [07-09-02] 2. Statement of Michael H. Linhart, R.Ph. [03-08-01] 3. Rx 156572 4. Statement of Nick E. Sucaciu [04-12-01] 5. Rite Aid #3167 C-II Perpetual Inventory Form - OxyContin 40mg [02-17-98 to 03-10-01] 6. Drug Audit Accountability Sheet for Adderall 10mg at Rite Aid #3167 [04-02-01] 7. Drug Audit Accountability Sheet for Concerta 36mg at Rite Aid #3167 [04-02-01] 8. Drug Audit Accountability Sheet for OxyContin 10mg at Rite Aid #3167 [04-02-01] 9. Drug Audit Accountability Sheet for OxyContin 20mg at Rite Aid #3167 [04-02-01]
	10. Drug Audit Accountability Sheet for OxyContin 40mg at Rite Aid #3167 [04-02-01] 11. Drug Audit Accountability Sheet for Oxycodone/Apap 5/500mg at Rite Aid #3167 [04-02-01] 12. Drug Audit Accountability Sheet for Oxycodone/Apap 5/325mg at Rite Aid #3167 [04-02-01] 13. Drug Audit Accountability Sheet for Phentermine 30mg at Rite Aid #3167 [04-02-01] 14. Drug Audit Accountability Sheet for Phentermine 37.5mg at Rite Aid #3167 [04-02-01] 15. Drug Audit Accountability Sheet for Vicoprofen 7.5/200mg at Rite Aid #3167 [04-02-01] 16. Drug Audit Accountability Sheet for Alprazolam .25mg at Rite Aid #3167 [04-02-01] 17. Drug Audit Accountability Sheet for Alprazolam .5mg at Rite Aid #3167 [04-02-01] 18. Drug Audit Accountability Sheet for Alprazolam 1mg at Rite Aid #3167 [04-02-01] 19. Drug Audit Accountability Sheet for Alprazolam 2mg at Rite Aid #3167 [04-02-01] 20. Drug Audit Accountability Sheet for Lorazepam 1mg at Rite Aid #3167 [04-02-01] 21. Drug Audit Accountability Sheet for Lorazepam 2mg at Rite Aid #3167 [04-02-01] 22. Drug Audit Accountability Sheet for Diazepam 2mg at Rite Aid #3167 [04-02-01] 23. Drug Audit Accountability Sheet for Diazepam 5mg at Rite Aid #3167 [04-02-01] 24. Drug Audit Accountability Sheet for Diazepam 10mg at Rite Aid #3167 [04-02-01] 25. Drug Audit Accountability Sheet for Temazepam 15mg at Rite Aid #3167 [04-02-01] 26. Drug Audit Accountability Sheet for Temazepam 30mg at Rite Aid #3167 [04-02-01] 27. Drug Audit Accountability Sheet for Oxazepam 10mg at Rite Aid #3167 [04-02-01] 28. Drug Audit Accountability Sheet for Oxazepam 15mg at Rite Aid #3167 [04-02-01] 29. Drug Audit Accountability Sheet for Meprobamate 200mg at Rite Aid #3167 [04-02-01] 30. Drug Audit Accountability Sheet for Meprobamate 400mg at Rite Aid #3167 [04-02-01] 31. Rite Aid Customer History Report for Patient #8 [01-01-98 to 04-30-01] 31A. Therapy Days/Calendar Days Comparison Report for Patient #8 [03-21-99 to 03-22-00] 32. Rx 172456 33. Rx 174620
	34. Statement of Dr. Diglisic Gordana [02-23-01] 35. Rite Aid Customer History Report for Patient #1 [01-01-99 to 04-25-01] 35A. Therapy Days/Calendar Days Comparison Report for Patient #1 [01-04-99 to 02-12-01] 36. Rx 107902 37. Rx 108995 38. Rx 109647 39. Rx 110304 40. Rx 110945
	41. Rx 111648 42. Rx 112443 43. Rx 113221 44. Rx 115411 45. Rx 116586 46. Rx 117183 47. Rx 117881 48. Rx 118476 49. Rx 119014 50. Rx 120178 51. Rx 120766 52. Rx 121284 53. Rx 121847 54. Rx 122384 55. Rx 122912 56. Rx 123454 57. Rx 123680 58. Rx 124375 59. Rx 124890 60. Rx 125603 61. Rx 126031 62. Rx 127050 63. Rx 127898 64. Rx 129044 65. Rx 129708
	66. Rx 130313 67. Rx 131561 68. Rx 133942 69. Rx 134576 70. Rx 135215 71. Rx 135672 72. Rx 136246 73. Rx 136822 74. Rx 137475 75. Rx 138758 76. Rx 140060 77. Rx 140297 78. Rx 140918 79. Rx 141326 80. Rx 141327 81. Rx 141932 82. Rx 142558 83. Rx 143202 84. Rx 143748 85. Rx 144434 86. Rx 145054 87. Rx 145705 88. Rx 146410 89. Rx 147080 90. Rx 147696
	91. Rx 148247 92. Rx 148526 93. Rx 148837 94. Rx 149416 95. Rx 149415 96. Rx 150003 97. Rx 150575 98. Rx 151107 99. Rx 151799 100. Rx 152147 101. Rx 152760 102. Rx 153274 103. Rx 154357 104. Rx 154829
	105. Rx 155372 106. Rx 158749 107. Rx 159782 108. Rx 160384 109. Rx 161081 110. Rx 162954 111. Rx 163571 112. Rx 164728 113. Rx 165417 114. Rx 166126 115. Rx 166604 116. Rx 167309 117. Rx 167965 118. Rx 168630 119. Rx 169579
	120. Rx 172315 121. Rx 172700 122. Rite Aid Printout of Rx 173520 [06-27-01] 123. Rx 174258 124. Rite Aid Customer History Report for Patient #2 [01-01-95 to 04-09-01] 124A. Therapy Days/Calendar Days Comparison Report for Patient #2 [12-28-98 to 04-28-00] 125. Rx 107486 [12-28-98] 126. Rx 107486 and Rx 108841 [01-15-99] 127. Rx 110753 [02-05-99] 128. Rx 110753 [02-24-99] 129. Rx 114580 [03-12-99] 130. Rx 114580 [03-12-99] and Rx 116157 [03-30-99] 131. Rx 117992 [04-20-99] and Rite Aid Printout of Rx 116157 [03-30-99] 132. Rx 117992 [05-08-99] 133. Rx 117992 [05-27-99] 134. Rx 126066, Rx 126067, and Rx 126068 [08-04-99] 135. Rx 126067 [08-22-99] 136. Rx 126066 and Rx 126067 [09-08-99] 137. Rx 130697 138. Rx 132971 [10-26-99] and Rite Aid Printout of Rx 130697 [09-30-99] 139. Rx 132971 [11-16-99] 140. Rx 136169 [12-04-99] 141. Rx 136169 [12-22-99] 142. Rx 139260 [01-07-00] 143. Rx 139260, Rx 136884, Rx 136111, Rx 136110, Rx 141147, and Rx 141146 [01-28-00] 144. Rx 139260 [02-14-00] 145. Rx 144806 [03-09-00] 146. Rx 144806, Rx 138424, Rx 142192, and Rx 142193 [04-01-00]
	147. Rx 149280, Rx 149281, and Rx 149282 [04-28-00]148. Rite Aid Customer History Report for Patient #3 [01-01-99 to 04-24-01] 148A. Therapy Days/Calendar Days Comparison Report for Patient #3 [03-02-99 to 10-08-99] 149. Rx 115068 [03-18-99] 150. Rx 115068, Rx 116760, and Rx 116761 [04-06-99] 151. Rx 115068 [04-16-99] 152. Rx 117850
	153. Rx 113313 [03-02-99] 154. Rx 113313, Rx 113312, Rx 109765, and Rx 108434 [04-01-99] 155. Rx 117852 156. Rx 118466 [04-26-99] 157. Rx 118466 [04-30-99] 158. Rx 119036 and 119037 [05-03-99] 159. Rx 119976 160. Rx 119036 [05-18-99] 161. Rx 119036, Rx 109765, Rx 116340, and Rx 109473 [06-16-99] 162. Rx 119036, Rx 119037, and Rx 116513 [07-02-99] 163. Rx 119036 [07-17-99]
	164. Rx 125963 [08-02-99] 165. Rx 125963 [08-19-99] 166. Rx 125963 [08-27-99] 167. Rx 127996 [08-31-99] 168. Rx 127996 [09-13-99] 169. Rx 129685 170. Rx 131447 171. Rite Aid Customer History Report for Patient #4 [01-01-95 to 03-08-01] 171A. Therapy Days/Calendar Days Comparison Report for Patient #4 [02-12-98 to 12-06-98] 172. Rite Aid Printout of Rx 82946 [02-12-98] 173. Rx 84341 174. Rx 86049 175. Rx 87555 176. Rx 89483 177. Rx 91136 [06-05-98] 178. Rx 91136 [07-05-98] 179. Rx 94234 180. Rx 95990 181. Rite Aid Printout of Rx 98345 182. Rx 99663 [09-28-98] 183. Rx 99663 [10-12-98] 184. Rx 101837 185. Rx 103319 186. Rx 103697 187. Rx 104432 [11-20-98] 188. Rx 105076 189. Rx 104432 [12-04-98] 190. Rx 104432 [12-06-98] 191. Rx 84342 192. Rx 84681 193. Rx 85607 194. Rx 85671 195. Rx 86048 196. Rx 87336 197. Rx 87556 198. Rx 88253 199. Rx 97257 200. Rx 98496
	201. Rite Aid Printout of Rx 100689 202. Rx 102062 203. Rx 102546 204. Rx 103038 205. Rx 103803 206. Rite Aid Printout of Rx 104766 207. Rite Aid Customer History Report for Patient #5 [01-01-99 to 04-25-01] 207A. Therapy Days/Calendar Days Comparison Report for Patient #5 [07-07-99 to 02-10-01] 208. Rx 124089 [07-07-99] 209. Rx 124089 [07-12-99]210. Rx 125089 [07-21-99] 211. Rite Aid Printout of Rx 125089 [07-27-99] 212. Rx 124089 and Rx 124090 [08-01-99] 213. Rx 124089 [08-03-99] 214. Rx 124089 [08-19-99] 215. Rx 124089 [09-03-99]
	216. Rx 129875 [09-21-99] 217. Rx 129875 and Rx 129873 [09-24-99] 218. Rx 139324 [01-08-00] 219. Rx 139324 [01-12-00] 220. Rx 139324 [01-27-00] 221. Rx 139324 and Rx 141487 [02-01-00] 222. Rx 141487 [02-11-00] 223. Rx 141487 [03-01-00]
	224. Rx 145317 and Rx 145318 [03-15-00] 225. Rx 145317 [03-24-00] 226. Rx 145317 [03-31-00] 227. Rx 145317 [04-09-00] 228. Rx 145317 and Rx 146839 [04-12-00] 229. Rx 149465 [05-01-00] 230. Rx 149465 [05-10-00] 231. Rx 151803 232. Rx 152940 [06-12-00] and Rx 152417 [06-14-00] 233. Rx 152940 and Rx 152417 [06-22-00] 234. Rx 154989 [07-11-00] 235. Rx 154989 and Rx 154987 [07-18-00] 236. Rx 154989 and Rx 154987 [07-21-00] 237. Rx 154989 [07-24-00] 238. Rx 168024 239. Rx 168627 [12-18-00] 240. Rx 168627 [12-24-00] 241. Rx 168627 and Rx 168626 [12-26-00] 242. Rx 168627 [12-28-00] 243. Rx 171917 244. Rx 173117 and Rx 171918 [02-01-01] 245. Rx 173117 [02-06-01] 246. Rx 173117 and Rx 171918 [02-10-01] 247. Rx 165203 [11-10-00] 248. Rx 165203 [11-13-00] 249. Rx 165203 [11-25-00] 250. Rx 168031 251. Rx 168626 [12-18-00] 252. Rx 168626 [12-24-00] 253. Rx 168626 [12-26-00] 254. Rx 169313 [12-28-00] 255. Rx 169313 [01-02-01] 256. Rx 169313 [01-05-01] 256A. Rx 169313 [01-05-01] 257. Rx 169313 [01-08-01]
	258. Rx 171918 [01-22-01] 260. Rx 171918 [02-06-01] 262. Rite Aid Customer History Report for Patient #6 [01-01-99 to 04-25-01] 262A. Therapy Days/Calendar Days Comparison Report for Patient #6 [10-12-00 to 02-14-01] 263. Rx 162657 [10-12-00] 264. Rx 162657 [10-26-00] 265. Rx 164636 [11-04-00] 266. Rx 164636 [11-16-00] 267. Rx 164636 [11-24-00] 268. Rx 164636 [11-28-00] 269. Rx 168029 [12-04-00] 269A. Rx 164636 [12-04-00] 270. Rx 168029 [12-18-00] 271. Rx 169847 272. Rx 170672 [01-09-01] 273. Rx 170672 [01-14-01]
	274. Rx 172204 [01-24-01] 275. Rx 172204 [02-01-01] 276. Rx 172204 [02-07-01] 277. Rx 172204 [02-14-01] 278. Rite Aid Customer History Report for Patient #7 [06-01-98 to 03-01-01] 278A. Therapy Days/Calendar Days Comparison Report for Patient #7 [10-14-99 to 01-03-00] 279. Rx 131917 [10-14-99] 280. Rx 131917 [[10-16-99] 281. Rx 131917 [10-21-99] 282. Rx 131917 [10-25-99] 283. Rx 131917 [10-29-99]
	284. Rx 133467 [11-01-99] 285. Rx 133467 [11-03-99] 286. Rx 133903 [11-07-99] 287. Rx 133903 [11-08-99] 288. Rx 133903 [11-12-99] 289. Rx 134374 290. Rx 135183 [11-21-99] 291. Rx 135183 [11-26-99] 292. Rx 135183 [11-28-99] 293. Rx 135183 and Rx 136242 [12-06-99] 294. Rx 136590 295. Rx 135183 and Rx 137182 [12-16-99] 296. Rx 138182 [12-27-99] 297. Rx 138182 [12-28-99] 298. Rx 138182 [12-29-99] 299. Rx 138182 [01-02-00] 300. Rx 138182 [01-03-00] 301. Rx 119088, Rx 119089, Rx 119090, and Rx 119091 [05-03-99] 302. Rx 123689 303. Rx 126039 [08-03-99] 304. Rx 126039 [08-10-99] 305. Rx 128231 [09-02-99] 306. Rx 128231 [09-05-99] 307. Rx 128231 [09-08-99] 308. Rx 129214 [09-14-99] 309. Rx 129214 [09-23-99] 310. Rx 131322 311. Rx 131720 312. Rx 133429
	313. Rx 115374 314. Rx 115373 315. Rx 118184 316. Rx 118186 317. Rx 121042 318. Rx 121568 319. Rx 122869 320. Rx 127357 321. Rx 128729 322. Rx 129915 323. Rx 130164 324. Rx 131321 325. Rx 132420
	326. Rx 132718 327. Rx 135324 328. Rx 135325 329. Rx 137810 and Rx 137814 [12-23-99] 330. Rx 137811 and Rx 137813 [12-23-99] 331. Rx 140546 332. Rx 140547 334. Rx 143275 335. Rx 143276 336. Rx 145940 337. Rx 145941 338. Rite Aid Customer History Report for Patient #9 [01-01-98 to 04-30-01] 338A. Therapy Days/Calendar Days Comparison Report for Patient #9 [12-09-98 to 04-13-00] 339. Rx 106111 [12-09-98] 340. Rx 106111 [12-13-98] 341. Rx 106111 [12-16-98] 342. Rx 106111 [12-20-98] 343. Rx 106111 [12-24-98] 344. Rx 106111 [12-28-98]
	345. Rx 127465 [08-24-99] 346. Rx 127465 [00-00-00] 347. Rx 127465 [09-13-99] 348. Rx 127465 [09-24-99] 349. Rx 127465 [10-05-99] 350. Rx 131899 [10-14-99] 351. Rx 131899 [10-22-99] 352. Rx 131899 [11-01-99] 353. Rx 141264 [01-31-00] 354. Rx 141264 [02-22-00] 355. Rx 141264 [03-22-00] 356. Rx 141264 [04-13-00] 357. Rite Aid Customer History Report for Patient #10 [03-01-98 to 05-11-00] 357A. Therapy Days/Calendar Days Comparison Report for Patient #10 [01-08-99 to 10-20-99] 358. Rx 108422 [01-08-99] 359. Rx 108422 [01-22-99] 360. Rx 110954 [02-08-99] 361. Rx 110954 [02-20-99] 362. Rx 113367 363. Rx 122544 364. Rx 123697 365. Rx 124468 [07-13-99] 366. Rx 124468 [07-14-99] 367. Rx 125703
	368. Rx 126533 369. Rite Aid Printout of Rx 127256 370. Rx 127663 [08-26-99] 371. Rx 127663 [08-27-99] 372. Rx 128548 373. Rx 129016 374. Rx 129515 375. Rx 130141 376. Rx 130273 and Rx 130274 377. Rx 131069 378. Rx 131473 379. Rx 132488 380. R.Ph. Linhart handwritten notes for sales of OxyContin to Patient #10 381. Rx 138885 382. Indictment of Charles R. Willson, Case No. 2001CR0433B, Stark County Common Pleas Court [04-10-01] 383. Judgment Entry, Change of Plea, and Pre-Sentence Investigation. State of Ohio vs. Charles R. Willson, Case No. 2001CR0433B, Stark County Court of Common Pleas [05-22-01] 384. Judgment Entry, Community Control Denied, and Prison Sentence Imposed. State of Ohio vs. Charles R. Willson, Case No. 2001CR0433B, Stark County Court of Common Pleas [06-22-01] 385. Copy of Rules 4729-5-20 and 4729-5-22 of the Ohio Administrative Code
	Respondent's Exhibits A-M. Letters of Support from Cathyrn L. Russell [05-02-01]; Bonnie J. Lewis [04-29-01]; Sandra K. Pelley [03-30-01]; Diana Priest, Ron Priest, and Dave Priest [04-05-01]; Charles and Jean Husat [not dated]; Randall E. Davis [not dated]; Andy. Ney and Dotty Ney [03-29-01]; Velma E. Glass [04-27-01]; Sylvia Handy [04-03-01]; Arthur P. Boehm and Rose M. Boehm [not dated]; Don Denny [04-18-01]; Charlene Fields and Lynn E. Fields [01-30-02]; Alice Kerns [01-30-02] N. Letter from Chuck Willson [03-26-01]
	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 Charles Raymond Willson was originally licensed by the State of Ohio as a Pharmacist on March 26, 1985, pursuant to reciprocity, and that his license to practice pharmacy in Ohio was summarily suspended effective March 13, 2001. Records further reflect that Charles Raymond Willson was the Responsible Pharmacist at Rite Aid Discount Pharmacy #3167 pursuant to Sections 4729.27 and 4729.55 of the Ohio Revised Code and Rule 4729-5-11 of the Ohio Administrative Code.
	(2) Charles R. Willson did, from July 5, 2000, through August 1, 2000, knowingly sell a controlled substance in an amount less than the bulk amount when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: without a prescription and without a legitimate medical purpose, Charles R. Willson sold 160 capsules of Oxazepam 15mg., a Schedule III controlled substance. Such conduct violates Section 2925.03 of the Ohio Revised Code.
	(3) Charles R. Willson did, from July 5, 2000, through August 1, 2000, knowingly sell a controlled substance in an amount less than the bulk amount when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: without a prescription and without a legitimate medical purpose, Charles R. Willson sold 50 tablets of Diazepam 10mg., a Schedule III controlled substance. Such conduct violates Section 2925.03 of the Ohio Revised Code.
	(4) Charles R. Willson did, on or about August 1, 2000, intentionally make and/or knowingly possess a false or forged prescription, to wit: Charles R. Willson created false entries on Prescription (Rx) 156572, which had been written for 100 tablets of OxyContin 40mg, in order to cover for his illegal sale of 84 tablets of the drug to an individual other than the actual patient, and he maintained the false prescription on file in the pharmacy to cover for the shortage. Such conduct violates Section 2925.23(B) of the Ohio Revised Code.
	(5) Charles R. Willson as the Responsible Pharmacist did, from May 1, 1999, through March 8, 2001, fail to keep records of all controlled substances received, administered, dispensed, sold, or used, to wit: Charles R. Willson failed to account for the following controlled substances at Rite Aid #3167:

Schedule	Drug	Strength	Shortage
II	Adderall	10	348
II	Concerta	36	59
II	OxyContin	10	100
II	OxyContin	20	174
II	OxyContin	40	111
II	oxycodone/apap	5/500	14
II	oxycodone/apap	5/325	684
III	phentermine	30	320
III	phentermine	37.5	6
III	Vicoprofen	7.5/200	1,041
IV	alprazolam	0.25	914
IV	alprazolam	0.5	2,194
IV	alprazolam	1	5,681
IV	alprazolam	2	260
IV	lorazepam	1	3,723
IV	lorazepam	2	1,130
IV	diazepam	2	132
IV	diazepam	5	2,385
IV	diazepam	10	2,514
IV	temazepam	15	4
IV	temazepam	30	58
IV	oxazepam	10	205
IV	oxazepam	15	357
IV	meprobamate	200	117
IV	meprobamate	400	125

Such conduct violates Section 3719.07 of the Ohio Revised Code and Rule 4729-9-14 of the Ohio Administrative Code.

(6) Charles R. Willson did, on dates immediately preceding March 8, 2001, knowing that a felony had been committed, fail to report such information to law enforcement authorities, to wit: Charles R. Willson admitted to agents of the Board of Pharmacy that after he had learned that another pharmacist had trafficked in 84 tablets of OxyContin 40mg, he agreed to aid in concealing the illegal sale by using an undispensed, on file, OxyContin 40mg prescription held for another patient. Further, Charles R. Willson stated that he and the other pharmacist had agreed to secure the patient's cooperation by committing additional drug trafficking offenses by supplying him with controlled substances (160 capsules of oxazepam 15mg & 50 tablets of diazepam 10mg). Such conduct violates Section 2921.22 of the Ohio Revised Code.

(7) Charles R. Willson as the Responsible Pharmacist did, from January 4, 1999, through February 12, 2001, continuously fail to perform prospective drug utilization review and patient counseling, to wit: when dispensing medications to patients #1, #2, #3, #4, #5, #6, #7, #8, #9, and #10, pursuant to the prescriptions iterated in this Notice, Charles R. Willson and/or pharmacists under his control failed to review the original prescription and/or refill information for over-utilization, incorrect drug dosage and duration of drug treatment, and misuse; and Charles R. Willson and/or pharmacists under his control failed to offer patient counseling. Such conduct violates Rules 4729-5-20 and 4729-5-22 of the Ohio Administrative Code.

(8) Charles R. Willson did, on or about January 26, 2001, and again on February 15, 2001, intentionally create and/or knowingly possess false or forged prescriptions, to wit: Charles R. Willson created documents and recorded them at Rite Aid #3167 as the below-listed prescriptions. These documents purported to be prescriptions authorized by a physician, and Charles R. Willson billed them to Medicaid. Charles R. Willson admitted to Board of Pharmacy agents that the physician had specifically advised him that she would not authorize said prescriptions. However, Charles R. Willson created both documents in order to cover the billing and sale of these over-the-counter substances.

Rx #	Dispensed	Drug	Disp. R.Ph.	Qty.	Doctor
172456	01-26-01	Humulin N 100U/ml	Willson	10 vials	Diglisic
174620	02-15-01	Insulin Syringes U100 1/2mls	Willson	10 syringes	Diglisic

Such conduct violates Section 2925.23(A) of the Ohio Revised Code.

(9) Charles R. Willson as the Responsible Pharmacist did, from January 4, 1999, through February 12, 2001, sell controlled substances to patient #1 when not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Charles R. Willson and others transferred controlled substances during the following instances without having a valid prescription or a legitimate medical purpose:

Rx #	Drug	Strength	Qty
107902	oxycodone/apap	5/325	100
108995	oxycodone/apap	5/325	100
109647	oxycodone/apap	5/325	100
110304	oxycodone/apap	5/325	100
110945	oxycodone/apap	5/325	100
111648	oxycodone/apap	5/325	100
112443	oxycodone/apap	5/325	100
113221	oxycodone/apap	5/325	100
115411	oxycodone/apap	5/325	100
116586	oxycodone/apap	5/325	100
117183	oxycodone/apap	5/325	100
117881	oxycodone/apap	5/325	100
118476	oxycodone/apap	5/325	100
119014	oxycodone/apap	5/325	100
120178	oxycodone/apap	5/325	100
120766	oxycodone/apap	5/325	100
121284	oxycodone/apap	5/325	100
121847	oxycodone/apap	5/325	100
122384	oxycodone/apap	5/325	100
122912	oxycodone/apap	5/325	100
123454	oxycodone/apap	5/325	100
123680	oxycodone/apap	5/325	100
124375	oxycodone/apap	5/325	100
124890	oxycodone/apap	5/325	100
125603	oxycodone/apap	5/325	100
126031	oxycodone/apap	5/325	100
127050	oxycodone/apap	5/325	100
127898	oxycodone/apap	5/325	100
129044	oxycodone/apap	5/325	100
129708	oxycodone/apap	5/325	100
130313	oxycodone/apap	5/325	100
131561	oxycodone/apap	5/325	100
133942	oxycodone/apap	5/325	100
134576	oxycodone/apap	5/325	100
135215	oxycodone/apap	5/325	100
135672	oxycodone/apap	5/325	100
136246	oxycodone/apap	5/325	100
136822	oxycodone/apap	5/325	100
137475	oxycodone/apap	5/325	100
138758	OxyContin	40	34
140060	oxycodone/apap	5/325	100
140297	OxyContin	40	60
140918	oxycodone/apap	5/325	100
141326	OxyContin	40	100
141327	oxycodone/apap	5/325	100
141932	oxycodone/apap	5/325	100
142558	oxycodone/apap	5/325	100
143202	oxycodone/apap	5/325	100
143748	oxycodone/apap	5/325	100
144434	oxycodone/apap	5/325	100
145054	oxycodone/apap	5/325	100
145705	oxycodone/apap	5/325	100
146410	oxycodone/apap	5/325	100
147080	oxycodone/apap	5/325	100
147696	oxycodone/apap	5/325	100
148247	oxycodone/apap	5/325	100
148526	OxyContin	40	60
148837	oxycodone/apap	5/325	100
149416	OxyContin	40	30
149415	oxycodone/apap	5/325	100
150003	oxycodone/apap	5/325	100
150575	oxycodone/apap	5/325	100
151107	oxycodone/apap	5/325	100
151799	oxycodone/apap	5/325	72
152147	oxycodone/apap	5/325	100
152760	oxycodone/apap	5/325	100
153274	oxycodone/apap	5/325	100
154357	oxycodone/apap	5/325	100
154829	oxycodone/apap	5/325	100
155372	oxycodone/apap	5/325	100
158749	oxycodone/apap	5/325	120
159782	oxycodone/apap	5/325	100
160384	oxycodone/apap	5/325	100
161081	oxycodone/apap	5/325	100
162954	oxycodone/apap	5/325	100
163571	oxycodone/apap	5/325	100
164728	oxycodone/apap	5/325	100
165417	oxycodone/apap	5/325	100
166126	oxycodone/apap	5/325	100
166604	oxycodone/apap	5/325	100
167309	oxycodone/apap	5/325	100
167965	oxycodone/apap	5/325	100
168630	oxycodone/apap	5/325	100
169579	oxycodone/apap	5/325	100
172315	oxycodone/apap	5/325	60
172700	oxycodone/apap	5/325	100
173520	oxycodone/apap	5/325	100
174258	oxycodone/apap	5/325	100

Such conduct violates Section 2925.03 of the Ohio Revised Code.

(10) Charles R. Willson as the Responsible Pharmacist did, on or about January 4, 1999, through February 12, 2001, intentionally create and/or knowingly possess false or forged prescriptions for patient #1, to wit: Charles R. Willson and others created and possessed on file at the pharmacy the following prescriptions not written for a legitimate medical purpose or otherwise approved by an authorized prescriber:

Rx #	Drug	Strength	Qty
107902	oxycodone/apap	5/325	100
108995	oxycodone/apap	5/325	100
109647	oxycodone/apap	5/325	100
110304	oxycodone/apap	5/325	100
110945	oxycodone/apap	5/325	100
111648	oxycodone/apap	5/325	100
112443	oxycodone/apap	5/325	100
113221	oxycodone/apap	5/325	100
115411	oxycodone/apap	5/325	100
116586	oxycodone/apap	5/325	100
117183	oxycodone/apap	5/325	100
117881	oxycodone/apap	5/325	100
118476	oxycodone/apap	5/325	100
119014	oxycodone/apap	5/325	100
120178	oxycodone/apap	5/325	100
120766	oxycodone/apap	5/325	100
121284	oxycodone/apap	5/325	100
121847	oxycodone/apap	5/325	100
122384	oxycodone/apap	5/325	100
122912	oxycodone/apap	5/325	100
123454	oxycodone/apap	5/325	100
123680	oxycodone/apap	5/325	100
124375	oxycodone/apap	5/325	100
124890	oxycodone/apap	5/325	100
125603	oxycodone/apap	5/325	100
126031	oxycodone/apap	5/325	100
127050	oxycodone/apap	5/325	100
127898	oxycodone/apap	5/325	100
129044	oxycodone/apap	5/325	100
129708	oxycodone/apap	5/325	100
130313	oxycodone/apap	5/325	100
131561	oxycodone/apap	5/325	100
133942	oxycodone/apap	5/325	100
134576	oxycodone/apap	5/325	100
135215	oxycodone/apap	5/325	100
135672	oxycodone/apap	5/325	100
136246	oxycodone/apap	5/325	100
136822	oxycodone/apap	5/325	100
137475	oxycodone/apap	5/325	100
138758	OxyContin	40	34
140060	oxycodone/apap	5/325	100
140297	OxyContin	40	60
140918	oxycodone/apap	5/325	100
141326	OxyContin	40	100
141327	oxycodone/apap	5/325	100
141932	oxycodone/apap	5/325	100
142558	oxycodone/apap	5/325	100
143202	oxycodone/apap	5/325	100
143748	oxycodone/apap	5/325	100
144434	oxycodone/apap	5/325	100
145054	oxycodone/apap	5/325	100
145705	oxycodone/apap	5/325	100
146410	oxycodone/apap	5/325	100
147080	oxycodone/apap	5/325	100
147696	oxycodone/apap	5/325	100
148247	oxycodone/apap	5/325	100
148526	OxyContin	40	60
148837	oxycodone/apap	5/325	100
149416	OxyContin	40	30
149415	oxycodone/apap	5/325	100
150003	oxycodone/apap	5/325	100
150575	oxycodone/apap	5/325	100
151107	oxycodone/apap	5/325	100
151799	oxycodone/apap	5/325	72
152147	oxycodone/apap	5/325	100
152760	oxycodone/apap	5/325	100
153274	oxycodone/apap	5/325	100
154357	oxycodone/apap	5/325	100
154829	oxycodone/apap	5/325	100
155372	oxycodone/apap	5/325	100
158749	oxycodone/apap	5/325	120
159782	oxycodone/apap	5/325	100
160384	oxycodone/apap	5/325	100
161081	oxycodone/apap	5/325	100
162954	oxycodone/apap	5/325	100
163571	oxycodone/apap	5/325	100
164728	oxycodone/apap	5/325	100
165417	oxycodone/apap	5/325	100
166126	oxycodone/apap	5/325	100
166604	oxycodone/apap	5/325	100
167309	oxycodone/apap	5/325	100
167965	oxycodone/apap	5/325	100
168630	oxycodone/apap	5/325	100
169579	oxycodone/apap	5/325	100
172315	oxycodone/apap	5/325	60
172700	oxycodone/apap	5/325	100
173520	oxycodone/apap	5/325	100
174258	oxycodone/apap	5/325	100

Such conduct violates Section 2925.23 of the Ohio Revised Code.

(11) Charles R. Willson as the Responsible Pharmacist did, from December 28, 1998, through April 28, 2000, sell controlled substances to patient #2 when not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Charles R. Willson and others transferred controlled substances during the following instances without having a valid prescription or a legitimate medical purpose:

Rx #	Drug	Strength	Qty
107486	Ambien	10	30
107486	Ambien	10	30
110753	Ambien	10	30
110753	Ambien	10	30
114580	Ambien	10	30
116157	Ambien	10	30
117992	Ambien	10	30
117992	Ambien	10	30
117992	Ambien	10	30
126067	temazepam	30	30
126067	temazepam	30	30
126067	temazepam	30	30
130697	temazepam	30	30
132971	temazepam	30	30
132971	temazepam	30	30
136169	temazepam	30	30
136169	temazepam	30	30
139260	temazepam	30	30
139260	temazepam	30	30
139260	temazepam	30	30
144806	temazepam	30	30
144806	temazepam	30	30
149281	temazepam	30	30

Such conduct violates Section 2925.03 of the Ohio Revised Code.

(12) Charles R. Willson as the Responsible Pharmacist did, on or about December 28, 1998, through April 28, 2000, intentionally create and/or knowingly possess false or forged prescriptions for patient #2, to wit: Charles R. Willson and others created and possessed on file at the pharmacy the following prescriptions not written for a legitimate medical purpose or otherwise approved by an authorized prescriber:

Rx #	Drug	Strength	Qty
107486	Ambien	10	30
107486	Ambien	10	30
110753	Ambien	10	30
110753	Ambien	10	30
114580	Ambien	10	30
116157	Ambien	10	30
117992	Ambien	10	30
117992	Ambien	10	30
117992	Ambien	10	30
126067	temazepam	30	30
126067	temazepam	30	30
126067	temazepam	30	30
130697	temazepam	30	30
132971	temazepam	30	30
132971	temazepam	30	30
136169	temazepam	30	30
136169	temazepam	30	30
139260	temazepam	30	30
139260	temazepam	30	30
139260	temazepam	30	30
144806	temazepam	30	30
144806	temazepam	30	30
149281	temazepam	30	30

Such conduct violates Section 2925.23 of the Ohio Revised Code.

(13) Charles R. Willson as the Responsible Pharmacist did, from March 2, 1999, through October 8, 1999, sell controlled substances to patient #3 when not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Charles R. Willson and others sold controlled substances during the following instances without having a valid prescription or a legitimate medical purpose:

Rx #	Drug	Strength	Qty
115068	diazepam	5	90
115068	diazepam	5	90
115068	diazepam	5	90
117850	diazepam	10	3
113313	lorazepam	2	90
113313	lorazepam	2	90
117852	lorazepam	1	30
118466	lorazepam	2	14
118466	lorazepam	2	14
119036	lorazepam	2	60
119976	lorazepam	2	10
119036	lorazepam	2	60
119036	lorazepam	2	60
119036	lorazepam	2	60
119036	lorazepam	2	60
125963	lorazepam	2	60
125963	lorazepam	2	60
125963	lorazepam	2	10
127996	lorazepam	2	15
127996	lorazepam	2	15
129685	lorazepam	2	50
131447	lorazepam	2	15

Such conduct violates Section 2925.03 of the Ohio Revised Code.

(14) Charles R. Willson as the Responsible Pharmacist did, on or about March 2, 1999, through October 8, 1999, intentionally create and/or knowingly possess false or forged prescriptions for patient #3, to wit Charles R. Willson and others created and possessed on file at the pharmacy the following prescriptions not written for a legitimate medical purpose or otherwise approved by an authorized prescriber:

Rx #	Drug	Strength	Qty
115068	diazepam	5	90
115068	diazepam	5	90
115068	diazepam	5	90
117850	diazepam	10	3
113313	lorazepam	2	90
113313	lorazepam	2	90
117852	lorazepam	1	30
118466	lorazepam	2	14
118466	lorazepam	2	14
119036	lorazepam	2	60
119976	lorazepam	2	10
119036	lorazepam	2	60
119036	lorazepam	2	60
119036	lorazepam	2	60
119036	lorazepam	2	60
125963	lorazepam	2	60
125963	lorazepam	2	60
125963	lorazepam	2	10
127996	lorazepam	2	15
127996	lorazepam	2	15
129685	lorazepam	2	50
131447	lorazepam	2	15

Such conduct violates Section 2925.23 of the Ohio Revised Code.

(15) Charles R. Willson as the Responsible Pharmacist did, from February 12, 1998, through December 6, 1998, sell controlled substances to patient #4 when not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Charles R. Willson and others sold controlled substances during the following instances without having a valid prescription or a legitimate medical purpose:

Rx #	Drug	Strength	Qty
82946	Ambien	10	30
84341	Ambien	10	30
86049	Ambien	10	30
87555	Ambien	10	35
89483	Ambien	10	20
91136	Ambien	10	35
91136	Ambien	10	35
94234	Ambien	10	30
95990	Ambien	10	30
98345	Ambien	10	21
99663	Ambien	10	35
99663	Ambien	10	14
101837	Ambien	10	30
103319	Ambien	10	30
103697	Ambien	10	20
104432	Ambien	10	35
105076	Ambien	10	30
104432	Ambien	10	35
104432	Ambien	10	35
84342	OxyContin	40	100
84681	OxyContin	40	20
85607	OxyContin	40	20
85671	OxyContin	40	100
86048	OxyContin	40	20
87336	OxyContin	40	100
87556	OxyContin	40	20
88253	OxyContin	40	20
97257	OxyContin	40	60
98496	OxyContin	40	60
100689	OxyContin	40	60
102062	OxyContin	40	60
102546	OxyContin	40	60
103038	OxyContin	40	90
103803	OxyContin	20	10
104766	OxyContin	40	60

Such conduct violates Section 2925.03 of the Ohio Revised Code.

(16) Charles R. Willson as the Responsible Pharmacist did, on or about February 12, 1998, through December 6, 1998, intentionally create and/or knowingly possess false or forged prescriptions for patient #4, to wit: Charles R. Willson and others created and possessed on file at the pharmacy the following prescriptions not written for a legitimate medical purpose or otherwise approved by an authorized prescriber:

Rx #	Drug	Strength	Qty
82946	Ambien	10	30
84341	Ambien	10	30
86049	Ambien	10	30
87555	Ambien	10	35
89483	Ambien	10	20
91136	Ambien	10	35
91136	Ambien	10	35
94234	Ambien	10	30
95990	Ambien	10	30
98345	Ambien	10	21
99663	Ambien	10	35
99663	Ambien	10	14
101837	Ambien	10	30
103319	Ambien	10	30
103697	Ambien	10	20
104432	Ambien	10	35
105076	Ambien	10	30
104432	Ambien	10	35
104432	Ambien	10	35
84342	OxyContin	40	100
84681	OxyContin	40	20
85607	OxyContin	40	20
85671	OxyContin	40	100
86048	OxyContin	40	20
87336	OxyContin	40	100
87556	OxyContin	40	20
88253	OxyContin	40	20
97257	OxyContin	40	60
98496	OxyContin	40	60
100689	OxyContin	40	60
102062	OxyContin	40	60
102546	OxyContin	40	60
103038	OxyContin	40	90
103803	OxyContin	20	10
104766	OxyContin	40	60

Such conduct violates Section 2925.23 of the Ohio Revised Code.

(17) Charles R. Willson as the Responsible Pharmacist did, from November 10, 2000 through February 10, 2001, sell controlled substances to patient #5 when not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Charles R. Willson and others sold controlled substances during the following instances without having a valid prescription or a legitimate medical purpose:

Rx #	Drug	Strength	Qty
165203	hydrocodone/apap	5/500	50
165203	hydrocodone/apap	5/500	50
165203	hydrocodone/apap	5/500	50
168031	hydrocodone/apap	5/500	50
168626	hydrocodone/apap	5/500	100
168626	hydrocodone/apap	5/500	30
168626	hydrocodone/apap	5/500	30
169313	hydrocodone/apap	5/500	40
169313	hydrocodone/apap	5/500	40
169313	hydrocodone/apap	5/500	40
169313	hydrocodone/apap	5/500	30
171918	hydrocodone/apap	5/500	100
171918	hydrocodone/apap	5/500	30
171918	hydrocodone/apap	5/500	40
171918	hydrocodone/apap	5/500	30

Such conduct violates Section 2925.03 of the Ohio Revised Code.

(17)(A) Charles R. Willson as the Responsible Pharmacist did, from July 7, 1999, through February 10, 2001, sell dangerous drugs to patient #5 when not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Charles R. Willson and others transferred controlled substances during the following instances without having a valid prescription or a legitimate medical purpose:

Rx #	Drug	Strength	Qty
124089	carisoprodol	350	100
124089	carisoprodol	350	100
125089	carisoprodol	350	50
125089	carisoprodol	350	50
125089	carisoprodol	350	50
125089	carisoprodol	350	50
125089	carisoprodol	350	50
125089	carisoprodol	350	50
129875	carisoprodol	350	100
129875	carisoprodol	350	100
139324	carisoprodol	350	50
139324	carisoprodol	350	50
139324	carisoprodol	350	50
141487	carisoprodol	350	50
141487	carisoprodol	350	50
141487	carisoprodol	350	50
145317	carisoprodol	350	50
145317	carisoprodol	350	50
145317	carisoprodol	350	50
145317	carisoprodol	350	50
145317	carisoprodol	350	50
149465	carisoprodol	350	50
149465	carisoprodol	350	50
151803	carisoprodol	350	50
152940	carisoprodol	350	50
152940	carisoprodol	350	50
154989	carisoprodol	350	50
154989	carisoprodol	350	50
154989	carisoprodol	350	50
154989	carisoprodol	350	50
168024	carisoprodol	350	50
168627	carisoprodol	350	100
168627	carisoprodol	350	30
168627	carisoprodol	350	30
168627	carisoprodol	350	40
171917	carisoprodol	350	100
173117	carisoprodol	350	30
173117	carisoprodol	350	40
173117	carisoprodol	350	30

Such conduct violates Section 4729.51(C) of the Ohio Revised Code.

(18) Charles R. Willson as the Responsible Pharmacist did, on or about July 7, 1999, through February 10, 2001, intentionally create and/or knowingly possess false or forged prescriptions for patient #5, to wit: Charles R. Willson and others created and possessed on file at the pharmacy the following prescriptions not written for a legitimate medical purpose or otherwise approved by an authorized prescriber:

Rx #	Drug	Strength	Qty
124089	carisoprodol	350	100
124089	carisoprodol	350	100
125089	carisoprodol	350	50
125089	carisoprodol	350	50
125089	carisoprodol	350	50
125089	carisoprodol	350	50
125089	carisoprodol	350	50
125089	carisoprodol	350	50
129875	carisoprodol	350	100
129875	carisoprodol	350	100
139324	carisoprodol	350	50
139324	carisoprodol	350	50
139324	carisoprodol	350	50
141487	carisoprodol	350	50
141487	carisoprodol	350	50
141487	carisoprodol	350	50
145317	carisoprodol	350	50
145317	carisoprodol	350	50
145317	carisoprodol	350	50
145317	carisoprodol	350	50
145317	carisoprodol	350	50
149465	carisoprodol	350	50
149465	carisoprodol	350	50
151803	carisoprodol	350	50
152940	carisoprodol	350	50
152940	carisoprodol	350	50
154989	carisoprodol	350	50
154989	carisoprodol	350	50
154989	carisoprodol	350	50
154989	carisoprodol	350	50
168024	carisoprodol	350	50
168627	carisoprodol	350	100
168627	carisoprodol	350	30
168627	carisoprodol	350	30
168627	carisoprodol	350	40
171917	carisoprodol	350	100
173117	carisoprodol	350	30
173117	carisoprodol	350	40
173117	carisoprodol	350	30
165203	hydrocodone/apap	5/500	50
165203	hydrocodone/apap	5/500	50
165203	hydrocodone/apap	5/500	50
168031	hydrocodone/apap	5/500	50
168626	hydrocodone/apap	5/500	100
168626	hydrocodone/apap	5/500	30
168626	hydrocodone/apap	5/500	30
169313	hydrocodone/apap	5/500	40
169313	hydrocodone/apap	5/500	40
169313	hydrocodone/apap	5/500	40
169313	hydrocodone/apap	5/500	30
171918	hydrocodone/apap	5/500	100
171918	hydrocodone/apap	5/500	30
171918	hydrocodone/apap	5/500	40
171918	hydrocodone/apap	5/500	30

Such conduct violates Section 2925.23 of the Ohio Revised Code.

(19) Charles R. Willson as the Responsible Pharmacist did, from October 12, 2000, through February 14, 2001, sell dangerous drugs to patient #6 when not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Charles R. Willson and others transferred controlled substances during the following instances without having a valid prescription or a legitimate medical purpose:

Rx #	Drug	Strength	Qty
162657	carisoprodol	350	90
162657	carisoprodol	350	90
164636	carisoprodol	350	90
164636	carisoprodol	350	90
164636	carisoprodol	350	90
164636	carisoprodol	350	90
168029	carisoprodol	350	45
168604	carisoprodol	350	45
169847	carisoprodol	350	45
170672	carisoprodol	350	22
170672	carisoprodol	350	38
172204	carisoprodol	350	90
172204	carisoprodol	350	90
172204	carisoprodol	350	90
172204	carisoprodol	350	90

Such conduct violates of Section 4729.51(C) of the Ohio Revised Code.

(20) Charles R. Willson as the Responsible Pharmacist did, on or about October 12, 2000, through February 14, 2001, intentionally create and/or knowingly possess false or forged prescriptions for patient #6, to wit: Charles R. Willson and others created and possessed on file at the pharmacy the following prescriptions not written for a legitimate medical purpose or otherwise approved by an authorized prescriber:

Rx #	Drug	Strength	Qty
162657	carisoprodol	350	90
162657	carisoprodol	350	90
164636	carisoprodol	350	90
164636	carisoprodol	350	90
164636	carisoprodol	350	90
164636	carisoprodol	350	90
168029	carisoprodol	350	45
168604	carisoprodol	350	45
169847	carisoprodol	350	45
170672	carisoprodol	350	22
170672	carisoprodol	350	38
172204	carisoprodol	350	90
172204	carisoprodol	350	90
172204	carisoprodol	350	90
172204	carisoprodol	350	90

Such conduct violates Section 2925.23 of the Ohio Revised Code.

(21) Charles R. Willson as the Responsible Pharmacist did, from October 14, 1999, through January 3, 2000, sell controlled substances to patient #7 when not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Charles R. Willson and others transferred controlled substances during the following instances without having a valid prescription or a legitimate medical purpose:

Rx #	Drug	Strength	Qty
131917	oxazepam	15	30
131917	oxazepam	15	30
131917	oxazepam	15	30
131917	oxazepam	15	15
131917	oxazepam	15	15
133467	oxazepam	15	30
133636	oxazepam	15	25
133903	oxazepam	15	30
133903	oxazepam	15	30
134374	oxazepam	15	20
134374	oxazepam	15	10
135183	oxazepam	10	100
135183	oxazepam	10	50
135183	oxazepam	10	50
135183	oxazepam	10	50
136590	oxazepam	15	30
135183	oxazepam	10	50
138182	oxazepam	15	10
138182	oxazepam	15	5
138182	oxazepam	15	45
138182	oxazepam	15	10
138182	oxazepam	15	20

Such conduct violates Section 2925.03 of the Ohio Revised Code.

(22) Charles R. Willson as the Responsible Pharmacist did, on or about October 14, 1999, through January 3, 2000, intentionally create and/or knowingly possess false or forged prescriptions for patient #7, to wit: Charles R. Willson and others created and possessed on file at the pharmacy the following prescriptions not written for a legitimate medical purpose or otherwise approved by an authorized prescriber:

Rx #	Drug	Strength	Qty
131917	oxazepam	15	30
131917	oxazepam	15	30
131917	oxazepam	15	30
131917	oxazepam	15	15
131917	oxazepam	15	15
133467	oxazepam	15	30
133636	oxazepam	15	25
133903	oxazepam	15	30
133903	oxazepam	15	30
134374	oxazepam	15	20
134374	oxazepam	15	10
135183	oxazepam	10	100
135183	oxazepam	10	50
135183	oxazepam	10	50
135183	oxazepam	10	50
136590	oxazepam	15	30
135183	oxazepam	10	50
138182	oxazepam	15	10
138182	oxazepam	15	5
138182	oxazepam	15	45
138182	oxazepam	15	10
138182	oxazepam	15	20

Such conduct violates Section 2925.23 of the Ohio Revised Code.

(23) Charles R. Willson as the Responsible Pharmacist did, from March 21, 1999, through March 22, 2000, sell controlled substances to patient #8 when not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Charles R. Willson and others sold controlled substances during the following instances without having a valid prescription or a legitimate medical purpose:

Rx #	Drug	Strength	Qty
119091	oxazepam	10	30
123689	oxazepam	10	30
126039	oxazepam	10	30
126039	oxazepam	10	10
128231	oxazepam	15	30
128231	oxazepam	15	30
128231	oxazepam	15	30
129214	oxazepam	10	30
129214	oxazepam	10	30
131322	oxazepam	15	30
131720	oxazepam	10	25
133429	oxazepam	10	30
115374	OxyContin	20	60
115373	oxycodone/apap	5/325	30
118184	OxyContin	40	100
118186	oxycodone/apap	5/325	60
121042	OxyContin	40	100
121568	oxycodone/apap	5/325	30
122869	oxycodone/apap	5/325	60
127357	oxycodone/apap	5/325	60
128729	OxyContin	40	100
129915	oxycodone/apap	5/325	60
130164	OxyContin	20	30
131321	OxyContin	20	30
132420	OxyContin	40	100
132718	oxycodone/apap	5/325	60
135324	OxyContin	40	100
135325	oxycodone/apap	5/325	60
137814	OxyContin	40	60
137813	oxycodone/apap	5/325	60
140546	OxyContin	40	60
140547	oxycodone/apap	5/325	60
143275	OxyContin	40	60
143276	oxycodone/apap	5/325	60
145940	OxyContin	40	60
145941	oxycodone/apap	5/325	60

Such conduct violates Section 2925.03 of the Ohio Revised Code.

(24) Charles R. Willson as the Responsible Pharmacist did, on or about March 21, 1999, through March 22, 2000, intentionally create and/or knowingly possess false or forged prescriptions for patient #8, to wit: Charles R. Willson and others created and possessed on file at the pharmacy the following prescriptions not written for a legitimate medical purpose or otherwise approved by an authorized prescriber:

Rx #	Drug	Strength	Qty
119091	oxazepam	10	30
123689	oxazepam	10	30
126039	oxazepam	10	30
126039	oxazepam	10	10
128231	oxazepam	15	30
128231	oxazepam	15	30
128231	oxazepam	15	30
129214	oxazepam	10	30
129214	oxazepam	10	30
131322	oxazepam	15	30
131720	oxazepam	10	25
133429	oxazepam	10	30
115374	OxyContin	20	60
115373	oxycodone/apap	5/325	30
118184	OxyContin	40	100
118186	oxycodone/apap	5/325	60
121042	OxyContin	40	100
121568	oxycodone/apap	5/325	30
122869	oxycodone/apap	5/325	60
127357	oxycodone/apap	5/325	60
128729	OxyContin	40	100
129915	oxycodone/apap	5/325	60
130164	OxyContin	20	30
131321	OxyContin	20	30
132420	OxyContin	40	100
132718	oxycodone/apap	5/325	60
135324	OxyContin	40	100
135325	oxycodone/apap	5/325	60
137814	OxyContin	40	60
137813	oxycodone/apap	5/325	60
140546	OxyContin	40	60
140547	oxycodone/apap	5/325	60
143275	OxyContin	40	60
143276	oxycodone/apap	5/325	60
145940	OxyContin	40	60
145941	oxycodone/apap	5/325	60

Such conduct violates Section 2925.23 of the Ohio Revised Code.

(25) Charles R. Willson as the Responsible Pharmacist did, from December 9, 1998, through April 13, 2000, sell controlled substances to patient #9 when not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Charles R. Willson and others transferred controlled substances during the following instances without having a valid prescription or a legitimate medical purpose:

Rx #	Drug	Strength	Qty
106111	hydrocodone/apap	5/500	50
106111	hydrocodone/apap	5/500	50
106111	hydrocodone/apap	5/500	50
106111	hydrocodone/apap	5/500	50
106111	hydrocodone/apap	5/500	50
106111	hydrocodone/apap	5/500	50
127465	hydrocodone/apap	5/500	120
127465	hydrocodone/apap	5/500	120
127465	hydrocodone/apap	5/500	120
127465	hydrocodone/apap	5/500	120
127465	hydrocodone/apap	5/500	120
131899	hydrocodone/apap	5/500	120
131899	hydrocodone/apap	5/500	120
131899	hydrocodone/apap	5/500	120
141264	hydrocodone/apap	5/500	120
141264	hydrocodone/apap	5/500	120
141264	hydrocodone/apap	5/500	120
141264	hydrocodone/apap	5/500	120

Such conduct violates Section 2925.03 of the Ohio Revised Code.

(26) Charles R. Willson as the Responsible Pharmacist did, on or about December 9, 1998, through April 13, 2000, intentionally create and/or knowingly possess false or forged prescriptions for patient #9, to wit: Charles R. Willson and others created and possessed on file at the pharmacy the following prescriptions not written for a legitimate medical purpose or otherwise approved by an authorized prescriber:

Rx #	Drug	Strength	Qty
106111	hydrocodone/apap	5/500	50
106111	hydrocodone/apap	5/500	50
106111	hydrocodone/apap	5/500	50
106111	hydrocodone/apap	5/500	50
106111	hydrocodone/apap	5/500	50
106111	hydrocodone/apap	5/500	50
127465	hydrocodone/apap	5/500	120
127465	hydrocodone/apap	5/500	120
127465	hydrocodone/apap	5/500	120
127465	hydrocodone/apap	5/500	120
127465	hydrocodone/apap	5/500	120
131899	hydrocodone/apap	5/500	120
131899	hydrocodone/apap	5/500	120
131899	hydrocodone/apap	5/500	120
141264	hydrocodone/apap	5/500	120
141264	hydrocodone/apap	5/500	120
141264	hydrocodone/apap	5/500	120
141264	hydrocodone/apap	5/500	120

Such conduct violates Section 2925.23 of the Ohio Revised Code.

(27) Charles R. Willson as the Responsible Pharmacist did, from January 8, 1999, through January 21, 2000, sell controlled substances to patient #10 when not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Charles R. Willson and others sold controlled substances during the following instances without having a valid prescription or a legitimate medical purpose:

Rx #	Drug	Strength	Qty
108422	hydrocodone/ibuprofen	7.5/200	60
108422	hydrocodone/ibuprofen	7.5/200	60
110954	hydrocodone/ibuprofen	7.5/200	60
110954	hydrocodone/ibuprofen	7.5/200	60
113367	hydrocodone/apap	5/500	15
122544	hydrocodone/ibuprofen	7.5/200	16
123697	hydrocodone/ibuprofen	7.5/200	30
124468	hydrocodone/ibuprofen	7.5/200	30
124468	hydrocodone/ibuprofen	7.5/200	30
125703	hydrocodone/apap	7.5/750	60
126533	hydrocodone/apap	7.5/750	60
127256	hydrocodone/apap	7.5/750	60
127663	hydrocodone/ibuprofen	7.5/200	30
127663	hydrocodone/ibuprofen	7.5/200	30
128548	hydrocodone/ibuprofen	7.5/200	30
129016	hydrocodone/ibuprofen	7.5/200	30
129515	hydrocodone/ibuprofen	7.5/200	30
130141	hydrocodone/ibuprofen	7.5/200	60
130273	hydrocodone/homatropine	5/1.5	120 ml
131069	hydrocodone/homatropine	5/1.5	120 ml
131473	hydrocodone/ibuprofen	7.5/200	28
132488	hydrocodone/ibuprofen	7.5/200	60
N/A	hydrocodone/ibuprofen	7.5/200	27
N/A	hydrocodone/ibuprofen	7.5/200	33
N/A	hydrocodone/ibuprofen	7.5/200	20
N/A	hydrocodone/ibuprofen	7.5/200	40
N/A	hydrocodone/ibuprofen	7.5/200	10
N/A	hydrocodone/ibuprofen	7.5/200	50
N/A	hydrocodone/ibuprofen	7.5/200	15
N/A	hydrocodone/ibuprofen	7.5/200	15
N/A	hydrocodone/ibuprofen	7.5/200	15
N/A	hydrocodone/ibuprofen	7.5/200	10
N/A	hydrocodone/ibuprofen	7.5/200	6
N/A	OxyContin	40	6
N/A	OxyContin	40	4
N/A	OxyContin	40	29
138885	OxyContin	40	44

Such conduct violates Section 2925.03 of the Ohio Revised Code.

(28) Charles R. Willson as the Responsible Pharmacist did, on or about January 8, 1999, through January 21, 2000, intentionally create and/or knowingly possess false or forged prescriptions to patient #10, to wit: Charles R. Willson and others created and possessed on file at the pharmacy the following prescriptions not written for a legitimate medical purpose or otherwise approved by an authorized prescriber:

Rx #	Drug	Strength	Qty
108422	hydrocodone/ibuprofen	7.5/200	60
108422	hydrocodone/ibuprofen	7.5/200	60
110954	hydrocodone/ibuprofen	7.5/200	60
110954	hydrocodone/ibuprofen	7.5/200	60
113367	hydrocodone/apap	5/500	15
122544	hydrocodone/ibuprofen	7.5/200	16
123697	hydrocodone/ibuprofen	7.5/200	30
124468	hydrocodone/ibuprofen	7.5/200	30
124468	hydrocodone/ibuprofen	7.5/200	30
125703	hydrocodone/apap	7.5/750	60
126533	hydrocodone/apap	7.5/750	60
127256	hydrocodone/apap	7.5/750	60
127663	hydrocodone/ibuprofen	7.5/200	30
127663	hydrocodone/ibuprofen	7.5/200	30
128548	hydrocodone/ibuprofen	7.5/200	30
129016	hydrocodone/ibuprofen	7.5/200	30
129515	hydrocodone/ibuprofen	7.5/200	30
130141	hydrocodone/ibuprofen	7.5/200	60
130273	hydrocodone/homatropine	5/1.5	120 ml
131069	hydrocodone/homatropine	5/1.5	120 ml
131473	hydrocodone/ibuprofen	7.5/200	28
132488	hydrocodone/ibuprofen	7.5/200	60
N/A	hydrocodone/ibuprofen	7.5/200	27
N/A	hydrocodone/ibuprofen	7.5/200	33
N/A	hydrocodone/ibuprofen	7.5/200	20
N/A	hydrocodone/ibuprofen	7.5/200	40
N/A	hydrocodone/ibuprofen	7.5/200	10
N/A	hydrocodone/ibuprofen	7.5/200	50
N/A	hydrocodone/ibuprofen	7.5/200	15
N/A	hydrocodone/ibuprofen	7.5/200	15
N/A	hydrocodone/ibuprofen	7.5/200	15
N/A	hydrocodone/ibuprofen	7.5/200	10
N/A	hydrocodone/ibuprofen	7.5/200	6
N/A	OxyContin	40	6
N/A	OxyContin	40	4
N/A	OxyContin	40	29
138885	OxyContin	40	44

	Such conduct violates Section 2925.23 of the Ohio Revised Code.
	(29) On May 18, 2001, Charles R. Willson pled guilty to one (1) count of Trafficking in Drugs, (a felony of the fifth degree) in violation of Revised Code 2925.03; one (1) count of Illegal Processing of Drug Documents, (a felony of the fourth degree) in violation of Revised Code 2925.23; and two (2) counts of Forgery, (a felony of the fifth degree) in violation of Revised Code 2913.31(A). State of Ohio vs. Charles R. Willson, Case No. 2001CR0433B, Stark County Common Pleas Court. Charles R. Willson was incarcerated for these crimes on June 21, 2001.
	CONCLUSIONS OF LAW (1) The State Board of Pharmacy concludes that paragraphs (2) through (6) and (8) through (29) 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 (29) 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 (5) and (8) through (29) of the Findings of Fact constitute being guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapters 2925., 3719., or 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 3719.121 of the Ohio Revised Code, the State Board of Pharmacy hereby removes the Summary Suspension Order issued to Charles R. Willson on March 13, 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 takes the following actions in the matter of Charles R. Willson:
	(A) On the basis of the Findings of Fact and paragraphs (1) and (2) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby suspends indefinitely the pharmacist identification card, No. 03-3-15794, held by Charles R. Willson and such suspension is effective as of the date of the mailing of this Order.
	(1) Charles R. Willson, 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.
	(2) Charles R. Willson, 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 twenty thousand dollars ($20,000.00) on Charles R. Willson 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) Further, five years from the effective date of Charles R. Willson's Summary Suspension Order, Mr. Willson's license will be reinstated provided that the following conditions are completed during the six months immediately preceding the date for reinstatement of his license:
	(1) Charles Raymond Willson must take and pass the Multistate Pharmacy Jurisprudence Examination (MPJE), or an equivalent examination approved by the Board. (2) Charles Raymond Willson must work in a pharmacy for a minimum of 750 hours under the direct supervision of a pharmacist whose license is in good standing.
	If these conditions are not fulfilled prior to March 13, 2006, Charles R. Willson's license will remain under suspension until all conditions have been achieved. (D) Upon reinstatement, the Board hereby places Charles R. Willson's license on probation for ten years effective as of the date Mr. Willson's identification card to practice pharmacy is issued. The terms of probation are as follows:
	(1) The State Board of Pharmacy hereby declares that Charles R. Willson'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) Charles R. Willson may not work alone in the pharmacy. (3) Charles R. Willson may not serve as a responsible pharmacist. (4) Charles R. Willson may not destroy, assist in, or witness the destruction of controlled substances. (5) Charles R. Willson must not violate the drug laws of the state of Ohio, any other state, or the federal government. (6) Charles R. Willson must abide by the rules of the State Board of Pharmacy. (7) Charles R. Willson must comply with the terms of this Order.
	Charles R. Willson is hereby advised that the Board may at any time revoke probation for cause, modify the conditions of probation, and reduce or extend the period of probation. At any time during this period of probation, the Board may revoke probation for a violation occurring during the probation period. THIS ORDER WAS APPROVED BY A VOTE OF THE STATE BOARD OF PHARMACY. MOTION CARRIED. SO ORDERED.
	The motion was seconded by Mr. Kost and approved by the Board (Aye-6/Nay-2).
7:37 p.m.	The meeting was recessed until Tuesday, August 6, 2002.

TUESDAY, AUGUST 6, 2002

8:00 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); Gregory Braylock, R.Ph.; Suzanne R. Eastman, R.Ph.; Elizabeth I. Gregg, R.Ph.; Lawrence J. Kost, R.Ph.; Nathan S. Lipsyc, R.Ph.; and James E. Turner, R.Ph.
8:03 a.m.	Mrs. Teater arrived and joined the meeting in progress. Mr. Keeley presented a revised set of proposed rule changes and additions on behalf of the Ad Hoc Committee on Rule Review, continuing the discussion that was started at the August meeting. The Board members discussed the rules and suggested some additional changes. Mr. Keeley will make the suggested changes and return at the September meeting to continue the discussion.
9:08 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 Frank A. Leon, R.Ph., Lorain.
9:50 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 Mr. Braylock and a roll call vote was conducted by President Adelman as follows: Braylock-Yes, Giacalone-Yes, Gregg-Yes, Eastman-Yes, Lipsyc-Yes, Kost-Yes, Teater-Yes, and Turner-Yes.
10:00 a.m.	The Executive Session ended and the meeting was opened to the public.
R-2003-018	Ms. Eastman moved to grant the request for a continuance in the matter of Joseph Cusma, R.Ph. that had been scheduled for 1:30 p.m. that afternoon. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).
10:05 a.m.	The hearing in the matter of Frank A. Leon, R.Ph. continued.
12:06 p.m.	The hearing ended and the record was closed. 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); 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.
R-2003-019	Following presentations by Board members and self-introductions by the candidates for licensure by reciprocity, Mr. Turner moved that the Board approve the following candidates for licensure. The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

TRACY W. BECKER	03-3-25366	WEST VIRGINIA
LISA CARMELL BROWN	03-3-25467	KENTUCKY
JEFFREY MICHAEL DURKIN	03-3-25451	MICHIGAN
DIANE LYNN FOX	03-3-25258	TEXAS
STACEY VAN ZALE HAYES	03-3-25455	MICHIGAN
KATHRYN JEAN KLECKNER	03-3-25459	NEW YORK
JOSEPH ALLEN McKOWN	03-3-25273	MICHIGAN
SARAH ORAHOOD	03-3-25472	INDIANA
NAGARANI POTHUGANTI	03-3-25471	SOUTH CAROLINA
RICK THOMAS PHILLIPS	03-3-25449	INDIANA
MARY BETH PREFONTAINE	03-3-25236	MICHIGAN
CHRISTIN COLLETTE ROGERS	03-3-25454	COLORADO
YOCHEVED JACKIE RASKIND	03-3-25441	NEW YORK
JASON EDWARD STURGEON	03-3-25440	NORTH CAROLINA
CYNTHIA SUE TINDALL	03-3-25445	KENTUCKY
MARYANN TOMECHKO	03-3-25469	MINNESOTA
CRAIG WEINERT	03-3-25460	NEW YORK
HENRY JOHN WIELGOSZ	03-3-25293	ILLINOIS

1:27 p.m.	The Board reconvened in Room East-B, 31st Floor to continue the Board meeting. Mr. Keeley presented his Legislative Report to the Board.
R-2003-020	Mr. Winsley presented a request from Clinical Apothecaries (02-1146750) in Medina for an exemption to Ohio Administrative Code (OAC) Rule 4729-5-10 (Pick-up station) so that patient-specific prescriptions for a clinical study could be compounded at Clinical Apothecaries and delivered to Children’s Hospital Medical Center Pharmacy (02-0038900) for administration to patients at the hospital. After discussion, Ms. Eastman moved that the Board approve the request 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)]. The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).
R-2003-021	Mr. Winsley then presented a request from St. Vincent Charity Hospital Pharmacy (02-1185700) in Cleveland for an exemption to OAC Rule 4729-5-10 (Pick-up station) so that patient-specific prescriptions for cardioplegic, dialysis, and nutrition solutions could be prepared at Central Admixture Pharmacy Services (02-1312700) and delivered to the hospital pharmacy for administration to patients at the hospital. After discussion, Ms. Eastman moved that the Board approve the request 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)]. The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).
R-2003-022	Mr. Benedict presented a request from CVS Pharmacy (02-0519600) in Dayton for an exemption to OAC Rule 4729-5-10 (Pick-up station) so that patient-specific prescriptions for students at the University of Dayton could be prepared at CVS/pharmacy and delivered to the student health center at the University of Dayton (02-0259200) for distribution to the students. After discussion, Mr. Kost moved that the Board approve the request 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)]. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).
	The Board next considered a letter received from Jack D. Young, attorney for Michael Fraulini (Docket D-020307-046) regarding Mr. Fraulini’s Board Order. After discussion, the Board chose to take no action.
	Mr. Braylock reported that there had been no meeting of the Nursing Board’s Committee on Prescriptive Governance. There was no report on the Medical Board’s Prescribing Committee.
	After discussion, Mrs. Gregg moved that the minutes of the July 2002 meeting be approved as written. The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).
2:18 p.m.	The Board took a brief recess.
2:42 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 James Murray Bayless, R.Ph., Fort Thomas, Kentucky.
4:02 p.m.	The hearing ended and the record was closed.
4:22 p.m.	Mr. Braylock moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code. The motion was seconded by Mrs. Gregg 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.
4:50 a.m.	The Executive Session ended and the meeting was opened to the public.
R-2003-023	Mr. Giacalone moved that the Board adopt the following Order in the matter of James Murray Bayless, R.Ph.:
	ORDER OF THE STATE BOARD OF PHARMACY (Docket No. D-020319-047) In The Matter Of: JAMES MURRAY BAYLESS, R.Ph. 1404 East Henry Clay Fort Wright, Kentucky 41011 (R.Ph. No. 03-3-10368)
	INTRODUCTION THE MATTER OF JAMES MURRAY BAYLESS CAME FOR HEARING ON AUGUST 6, 2002, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: DIANE C. ADELMAN, R.Ph. (presiding); GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, 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.
	JAMES MURRAY BAYLESS WAS REPRESENTED BY ERIC J. PLINKE 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. James Murray Bayless, R.Ph., Respondent 2. Matthew Fischer, R.Ph. 3. Penelope Rogers
	State's Exhibits 1. Reinstatement Hearing Request letter from Eric J. Plinke [03-15-02] 1A-1B. Procedurals 2. State Board of Pharmacy Order, in re James Murray Bayless, R.Ph. [07-17-00] 3. Photocopy of drugs 4. 5.
	Respondent's Exhibits A. State Board of Pharmacy Order in re James Murray Bayless, R.Ph [07-17-00] B. C. Pharmacist’s Recovery Contract of James M. Bayless [09-01-00]; letter from Michael D. Quigley, R.Ph. [08-04-02]; letter from Michael D. Quigley, R.Ph. [08-05-02] D. Urine drug screen reports [06-28-00 to 07-06-02] E. Support Group Attendance Records [05-29-00 to 07-31-02] F. Recovery Progress letters from Thomas Cox MS, CCDCI [07-18-02]; Diane Brock, CCDC IIIe [12-21-00] G. Continuing Pharmaceutical Education Credits and Certificates [03-25-99 to 06-17-02]
	H. I. Letters of support for James Murray Bayless from James C. Ward [07-25-02]; Linda Ochs [07-23-02]; John P. Tekulve, not dated; Jay S. Belcher, R.Ph. [07-20-02]; David White [07-20-02]; Richard Sorrell [07-28-02]; James F. Liebetrau, R.Ph. [07-16-02]; Diane Brock CCDC IIIe [07-23-02]; Joseph E. Geiser, R.Ph. [08-01-02];
	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 James Murray Bayless has complied with the terms set forth in the Order of the State Board of Pharmacy, Docket No. D-990908-018, effective July 17, 2000.
	DECISION OF THE BOARD On the basis of the Finding of Fact set forth above, the State Board of Pharmacy hereby approves the reinstatement of the pharmacist identification card, No. 03-3-10368, held by James Murray Bayless to practice pharmacy in the state of Ohio and places James Murray Bayless on probation for five years from the date the identification card is issued, with the following conditions:
	(A) James Murray Bayless must enter into a contract, signed within thirty days after the effective date of this Order, with an Ohio Department of Alcohol and Drug Addiction Services (ODADAS) treatment provider or a treatment provider acceptable to the Board for a period of not less than five years and submit a copy of the signed contract to the Board office with the renewal application. The contract must provide that:
	(1) Random, observed urine drug screens shall be conducted each month for the first twelve months and then once every three months for the remaining four years.
	(a) The urine sample must be given within twelve hours of notification. The urine drug screen must include testing for creatinine or specific gravity of the sample as the dilutional standard.
	(b) Alcohol must be added to the standard urine drug screen. A Breathalyzer may be used to test for alcohol, but an appropriately certified individual must conduct the test 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 and probation.
	(2) The intervener/sponsor shall provide copies of all drug and alcohol screen reports to the Board in a timely fashion.
	(3) Attendance is required a minimum of three times per week at an Alcoholics Anonymous, Narcotics Anonymous, and/or similar support group meeting.
	(4) The program shall immediately report to the Board any violations of the contract and/or lack of cooperation.
	(B) James Murray Bayless must submit quarterly progress reports to the Board (due January 10, April 10, July 10, and October 10 of each year of probation) that include:
	(1) The written report and documentation provided by the treatment program pursuant to the contract, and (2) A written description of James Murray Bayless' progress towards recovery and what he has been doing during the previous three months.
	(C) Other terms of probation are as follows: (1) The State Board of Pharmacy hereby declares that James Murray Bayless' 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) James Murray Bayless may not serve as a responsible pharmacist. (3) James Murray Bayless may not destroy, assist in, or witness the destruction of controlled substances.
	(4) James Murray Bayless must abide by the contract from the treatment provider and any violation must be reported to the Board immediately. (5) James Murray Bayless must not violate the drug laws of the State of Ohio, any other state, or the federal government.
	(6) James Murray Bayless must abide by the rules of the State Board of Pharmacy. (7) James Murray Bayless must comply with the terms of this Order.
	James Murray Bayless is hereby advised that the Board may at any time revoke probation for cause, modify the conditions of probation, and reduce or extend the period of probation. At any time during this period of probation, the Board may revoke probation for a violation occurring during the probation period. THIS ORDER WAS APPROVED BY A VOTE OF THE STATE BOARD OF PHARMACY. MOTION CARRIED. SO ORDERED.
	The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).
R-2003-024	Ms. Eastman moved that the Board adopt the following Order in the matter of Frank A. Leon, R.Ph.:
	ORDER OF THE STATE BOARD OF PHARMACY (Docket No. D-020212-038) In The Matter Of: FRANK A. LEON, R.Ph. 3847 Falbo Avenue Lorain, Ohio 44052 (R.Ph. No. 03-1-07771)
	INTRODUCTION THE MATTER OF FRANK A. LEON CAME FOR HEARING ON AUGUST 6, 2002, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: DIANE C. ADELMAN, R.Ph. (presiding); GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, 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.
	FRANK A. LEON WAS REPRESENTED BY JACK W. BRADLEY AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.
	SUMMARY OF EVIDENCE State’s Witnesses Mark A. Kabat, Ohio State Board of Pharmacy Respondent's Witnesses 1. Reverend Douglas Koesel 2. Frank A. Leon, R.Ph., Respondent
	State's Exhibits 1. Notice of Opportunity for Hearing [02-12-02] 1A-1C. Procedurals 1D. Addendum Notice [07-11-02] 2. Amherst Police Department Incident/Offense Report [06/09/01] 3. Narrative Supplement [not dated]; and memo from Don Dugger, CVS/Pharmacy Loss Prevention Representative [06/12/01] 4. Statement of Ronald A. Gilliand, CVS/Pharmacy District Manager [06/09/01] 5. Notarized Statement of Pamela Mate, CVS/Pharmacy Technician [08/02/01] 6. Notarized Statement of Peggy Lee Robinson, CVS Store Manager [07/27/01] 7. Accountability Statement for Xanax 0.25 mg [08/14/01] 8. Accountability Statement for Alprazolam 0.25 mg [08/14/01] 9. Accountability Statement for Clorazepate Dipotassium 3.75 mg [08/15/01] 10. Accountability Statement for Darvocet N-100 [08/13/01] 11. Indictment, State of Ohio vs. Frank Leon, Case No. 01CR058582, Lorain County Common Pleas Court [08/07/01] 12. Journal Entry, State of Ohio vs. Frank Leon, Case No. 01CR058582, Lorain County Common Pleas Court [02/25/02] 13. Journal Entry, State of Ohio vs. Frank Leon, Case No. 01CR058582, Lorain County Common Pleas Court [02-25-02] 14. Judgment Entry, State of Ohio vs. Frank Leon, Case No. 01CR058582, Lorain County Common Pleas Court [02/25/02]
	Respondent's Exhibits A. Letter from Carla S. Park, MSSA, LSW [02/20/02] B. EEG Interpretation Report from Ray Romero, M.D. [09/11/01]; and Humility of Mary Health Partners Medical Imaging Report of Frank A. Leon [09/11/01] C. Curriculum Vitae of Reverend Douglas Koesel; and Recovery Program for Frank Leon [not dated] D. Letter from Michael B. Willets [07/30/02]
	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 Frank A. Leon was licensed by the State of Ohio as a pharmacist on August 20, 1962, pursuant to examination, and is currently licensed to practice pharmacy in Ohio.
	(2) Frank A. Leon did, on or about June 9, 2001, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of CVS/pharmacy #3325, beyond the express or implied consent of the owner, to wit: while practicing pharmacy, Frank A. Leon admittedly stole the following:
	8	Xanax .25mg
	8	clorazepate dipotassium 3.75mg
	63	Darvocet N-100
	1	Lotrisone 15g tube
	1	Lotrisone 45g tube
	Additionally, Frank A. Leon has admitted to stealing Beta-Val Cream a few weeks previous to June 9, 2001. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.
	(3) Frank A. Leon did, on or about June 9, 2001, with purpose to deprive, knowingly obtain or exert control over property of CVS/pharmacy #3325, the value being less than $500.00, beyond the express or implied consent of the owner, to wit: while practicing pharmacy, Frank A. Leon admittedly stole coffee, dishwashing detergent, shaving cream, and deodorant. Additionally, Frank A. Leon has admitted to stealing merchandise valued at approximately $20.00 per week for the preceding thirty-two weeks. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.
	(4) On February 22, 2002, Frank A. Leon pled guilty to one (1) count of Theft of Drugs, a felony of the fifth degree under Section 2913.02(A) of the Ohio Revised Code, and to one (1) count of Theft, a misdemeanor of the first degree under Section 2913.02(A) of the Ohio Revised Code. Frank A. Leon was granted intervention in lieu of conviction. State of Ohio vs. Frank Leon, Case No. 01CR058582, Lorain County Common Pleas Court. Such conduct indicates that Frank A. Leon is guilty of a felony or gross immorality, dishonesty or unprofessional conduct in the practice of pharmacy, and/or addicted to or abusing drugs to render Frank A. Leon unfit to practice pharmacy within the meaning of Section 4729.16 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 a felony and gross immorality as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code.
	(2) The State Board of Pharmacy concludes that paragraphs (2) through (4) of the Findings of Fact constitute being guilty of dishonesty and unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code.
	(3) The State Board of Pharmacy concludes that paragraph (4) of the Findings of Fact constitutes being addicted to or abusing liquor or drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy as provided in Division (A)(3) of Section 4729.16 of the Ohio Revised Code.
	DECISION OF THE BOARD Pursuant to Section 4729.16 of the Ohio Revised Code, and after consideration of the record as a whole, the State Board of Pharmacy hereby suspends indefinitely the pharmacist identification card, No. 03-1-07771, held by Frank A. Leon and such suspension is effective as of the date of the mailing of this Order.
	(A) Frank A. Leon, 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) Frank A. Leon, 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 twenty-four months from the effective date of this Order, the Board will consider any petition filed by Frank A. Leon 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) Frank A. Leon must obtain, within sixty days after the effective date of this Order, a full psychiatric evaluation by a licensed psychiatrist and must abide by the treatment plan as designed by that psychiatrist. The psychiatrist must provide an initial status report, which includes the recommended treatment plan, to the Board within ten days after completing the assessment.
	(B) Frank A. Leon must obtain, within sixty days after the effective date of this Order, a full medical evaluation by a licensed physician and must abide by the treatment plan as designed by that physician. The physician must provide an initial status report, which includes the recommended treatment plan, to the Board within ten days after completing the assessment.
	(C) Frank A. Leon must enter into a contract, signed within thirty days after the effective date of this Order, with an Ohio Department of Alcohol and Drug Addiction Services (ODADAS) treatment provider or a treatment provider acceptable to the Board for a period of not less than five years and, upon signing, mail a copy of the contract to the Board office. The contract must provide that:
	(1) Random, observed urine drug screens shall be conducted at least once each month.
	(a) The urine sample must be given within twelve hours of notification. The urine drug screen must include testing for creatinine or specific gravity of the sample as the dilutional standard.
	(b) Results of all drug screens must be negative. Any positive results, including those which may have resulted from ingestion of food, but excluding false positives which resulted from medication legitimately prescribed, indicates a violation of the contract.
	(2) Attendance is required a minimum of three times per week at an Alcoholics Anonymous, Narcotics Anonymous, and/or similar support group meeting.
	(3) The program shall immediately report to the Board any violations of the contract and/or lack of cooperation.
	(D) Frank A. Leon must provide, at the reinstatement petition hearing, documentation of the following: (1) Compliance with the licensed psychiatrist's recommended treatment plan; (2) A report by the licensed psychiatrist regarding Frank A. Leon 's fitness for readmission into the practice of pharmacy;
	(3) Compliance with the licensed physician’s recommended treatment plan; (4) A report by the licensed physician regarding Frank A. Leon 's fitness for readmission into the practice of pharmacy;
	(5) Compliance with the contract required above (e.g.-proof of giving the urine sample within twelve hours of notification and copies of all urine screen reports, meeting attendance records, treatment program reports, etc.); (6) His efforts for providing restitution to CVS/pharmacy #3325.
	(7) 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; (8) Compliance with the terms of this Order.
	(E) If reinstatement is not accomplished within three years of the effective date of this Order, Frank A. Leon 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-8/Nay-0).
5:02 p.m.	The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of creating a record in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of Bruce Michael Linneman, R.Ph., Atlanta, Georgia.
5:23 p.m.	The record was closed.
5:26 p.m.	Mr. Braylock moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code. The motion was seconded by Mr. Lipsyc 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.
5:30 p.m.	The Executive Session ended and the meeting was opened to the public.
R-2003-025	Ms. Eastman moved that the Board adopt the following Order in the matter of Bruce Michael Linneman, R.Ph.:
	ORDER OF THE STATE BOARD OF PHARMACY (Docket No. D-020606-058) In The Matter Of: BRUCE MICHAEL LINNEMANN, R.Ph. 12101 Midpines Drive, Apt. 20 Cincinnati, Ohio 45241 (R.Ph. No. 03-2-11230)
	INTRODUCTION THE MATTER OF BRUCE MICHAEL LINNEMANN CAME FOR CONSIDERATION ON AUGUST 6, 2002, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: DIANE C. ADELMAN, R.Ph. (presiding); GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, 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.
	BRUCE MICHAEL LINNEMANN WAS NOT PRESENT NOR WAS HE REPRESENTED BY COUNSEL, AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.
	SUMMARY OF EVIDENCE State's Witnesses 1. Michael Cluxton, Ohio State Board of Pharmacy Respondent's Witnesses None
	State's Exhibits 1. Summary Suspension Order/Notice Of Opportunity For Hearing letter [06/06/02] 1A-1B. Procedurals 2. Notarized Statement of Gloria Burrell [02-15-02] 3. Notarized Statement of Nancy McKillop [02-15-02] 4. Notarized Statement of Jaime Havrilla [02-21-02] 5. Case Inquiry Report by Becky Hillyer [01-25-02] 6. Alcohol Testing Form (Non-DOT) [01-04-02] 7. Walgreens Breath Alcohol Form [01-04-02] 8. Rx C109666 [05-08-02] 9. Notarized Statement of Leo Wayne, M.D. [07-12-02] 10. Sharonville Police Department records regarding Bruce Michael Linnemann [02-06-02 to 03-13-02] Respondent's Exhibits None
	FINDINGS OF FACT After having heard the testimony, observed the demeanor of the witness, considered the evidence, and weighed the credibility of each, the State Board of Pharmacy finds the following to be fact:
	(1) On June 6, 2002, Bruce Michael Linnemann was notified by letter of his right to a hearing, his rights in such hearing, and his right to submit any contentions in writing. (2) As demonstrated by facsimile confirmation dated June 26, 2002, Bruce Michael Linnemann received the letter of June 6, 2002, informing him of the allegations against him, and his rights. (3) Bruce Michael Linnemann has not responded in any manner to the letter of June 6, 2002, and has not requested a hearing in this matter.
	(4) Records of the State Board of Pharmacy indicate that Bruce Michael Linnemann was originally licensed by the State of Ohio as a pharmacist on August 4, 1975, pursuant to examination, and that his license to practice pharmacy in Ohio was summarily suspended effective June 6, 2002.
	(5) Bruce Michael Linnemann is addicted to or abusing liquor or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy, to wit: on January 4, 2002, Bruce Michael Linnemann was observed while practicing pharmacy, to have slurred speech, being forgetful of things just told him, having difficulty in maintaining balance, and shaking. Approximately six (6) hours after Bruce Michael Linnemann began his shift, he tested .204 and again .218 breath-blood alcohol content (B.A.C.).
	(6) Bruce Michael Linnemann did, on or about May 8, 2002, intentionally make and/or knowingly possess a false or forged prescription, to wit: Bruce Michael Linnemann admittedly created, and dispensed to himself, Rx 109666 for ten (10) unit doses of hydrocodone 10mg with APAP 650mg. Such conduct is in violation of Section 2925.23(B) of the Ohio Revised Code.
	(7) Bruce Michael Linnemann did, from April 12, 2002, through May 29, 2002, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of CVS pharmacies, beyond the express or implied consent of the owner, to wit: Bruce Michael Linnemann has admittedly stolen an excess of fifty (50) tablets of hydrocodone products from various CVS pharmacies while practicing pharmacy as a "floater" among stores. 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 (5) through (7) of the Findings of Fact constitute being guilty of gross immorality as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code.
	(2) The State Board of Pharmacy concludes that paragraphs (5) through (7) of the Findings of Fact constitute being guilty of dishonesty and unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code.
	(3) The State Board of Pharmacy concludes that paragraph (5) of the Findings of Fact constitutes being addicted to or abusing liquor or drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy as provided in Division (A)(3) of Section 4729.16 of the Ohio Revised Code.
	(4) The State Board of Pharmacy concludes that paragraph (6) 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 Bruce Michael Linnemann on June 6, 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 Bruce Michael Linnemann:
	(A) On the basis of the Findings of Fact and paragraph (1) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes the pharmacist identification card, No. 03-2-11230, held by Bruce Michael Linnemann effective as of the date of the mailing of this Order.
	(B) On the basis of the Findings of Fact and paragraph (2) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes the pharmacist identification card, No. 03-2-11230, held by Bruce Michael Linnemann effective as of the date of the mailing of this Order.
	(C) On the basis of the Findings of Fact and paragraph (3) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes the pharmacist identification card, No. 03-2-11230, held by Bruce Michael Linnemann effective as of the date of the mailing of this Order.
	(D) On the basis of the Findings of Fact and paragraph (4) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes the pharmacist identification card, No. 03-2-11230, held by Bruce Michael Linnemann effective as of the date of the mailing of this Order.
	Pursuant to Section 4729.16(B) of the Ohio Revised Code, Bruce Michael Linnemann 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. THIS ORDER WAS APPROVED BY A VOTE OF THE STATE BOARD OF PHARMACY. MOTION CARRIED. SO ORDERED.
	The motion was seconded by Mrs. Teater and approved by the Board (Aye-8/Nay-0).
5:35 p.m.	The meeting was recessed until Wednesday, August 7, 2002.

WEDNESDAY, AUGUST 7, 2002

8:27 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.
	Mr. McMillen discussed his licensing report with the Board.
R-2003-026	Mr. Keeley discussed a request from Ohioans First that the Board support their efforts in reducing medical errors by joining in a statement to be issued by multiple agencies. The consensus of the Board was that it would be acceptable to comply with this request.
8:32 a.m.	Mr. Braylock arrived and joined the meeting in progress.
8:35 a.m.	The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of creating a record in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of Phoenix Pharmaceutical Lab & Consulting, Pineville, North Carolina.
8:46 a.m.	The record was closed.
8:49 a.m.	The Board took a brief recess.
9:03 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 John R. Tomko, R.Ph., Hubbard. Mr. Kost recused himself from the hearing.
10:26 a.m.	The hearing ended and the record was closed. The Board took a brief recess.
10:45 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 Betty Jean Minch, R.Ph., Massillon. Mr. Kost recused himself from the hearing.
12:00 p.m.	The hearing was recessed for lunch.
1:13 p.m.	The hearing in the matter of Betty Jean Minch, R.Ph. resumed.
1:45 p.m.	The hearing ended and the record was closed.
1:48 p.m.	Mr. Turner moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code. The motion was seconded by Mr. Giacalone and a roll call vote was conducted by President Adelman as follows: Braylock-Yes, Eastman-Yes, Giacalone-Yes, Gregg-Yes, Kost-Yes, Lipsyc-Yes, Teater-Yes, and Turner-Yes.
2:45 p.m. R-2003-027	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 Alan P. Horvath, R.Ph. (03-3-21869) 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. Lipsyc and approved by the Board (Aye-7/Nay-1).
R-2003-028	Mr. Giacalone moved that the Board adopt the following Order in the matter of Betty Jean Minch, R.Ph.:
	ORDER OF THE STATE BOARD OF PHARMACY (Docket No. D-020614-062) In The Matter Of: BETTY JEAN MINCH, R.Ph. 110 Edwin Avenue, S.E. Massillon, Ohio 44646 (R.Ph. No. 03-1-12312)
	INTRODUCTION THE MATTER OF BETTY JEAN MINCH CAME FOR HEARING ON AUGUST 7, 2002, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: DIANE C. ADELMAN, R.Ph. (presiding); GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; ELIZABETH I. GREGG, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.
	BETTY JEAN MINCH WAS REPRESENTED BY EUGENE F. McSHANE AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.
	SUMMARY OF EVIDENCE State’s Witnesses 1. David Gallagher, Ohio State Board of Pharmacy Respondent's Witnesses 1. Betty Jean Minch, R.Ph., Respondent
	State's Exhibits 1. Notice of Opportunity for Hearing letter [06-14-02] 1A-1E. Procedurals 2. Rx 03114 289578 [09-17-01] 3. Rx 03114 289599 [09-18-01] 4. Rx 03114 289720 [09-18-01] 5. Rx 03114 289992 [09-21-01] 6. Rx 03114 289994 [09-21-01] 7. Rx 03114 290036 [09-21-01] 8. Rx 03114 290069 [09-21-01] 9. Rx 03114 290126 [09-21-01]
	10. Rx 03114 290129 [09-21-01] 11. Rx 03114 290135 [09-22-01] 12. Rx 03114 291245 [10-01-01] 13. Rx 03114 298369 [11-26-01]
	14. Rx 03114 306036 [01-25-02] 15. Rx 03114 306202 [01-25-02] 16. Rx 03114 306281 [01-26-02] 17. Rx 03114 307291 [02-04-02] 18. Written Statement by Respondent [02-26-02] 19. Customer History Report of Betty Minch [02-25-02]
	Respondent's Exhibits A. Continuing Pharmaceutical Education Certificates [02-26-02 to 03-07-02] B. Complaint For Divorce, Betty Minch vs. Mark Minch, Case No. 2002DR00965, Stark County Common Pleas Court [07-03-02] C. Letter from Larry P. Iorio [07-23-02] D. Letter from Steven E. Connelly, M.D. [07-23-02] E. Letter from Stephanie Bradford, ACSW, LISW [08-01-02]
	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 Betty Jean Minch was originally licensed by the State of Ohio as a pharmacist on March 6, 1978, pursuant to examination. On September 18, 2001, the Ohio State Board of Pharmacy received an Application for License Renewal as a Pharmacist from Betty Jean Minch; however, Ms. Minch's license to practice pharmacy in Ohio had expired as of September 15, 2001.
	(2) Betty Jean Minch did, on or about the following dates, while not being a registered pharmacist or pharmacy intern, dispense medication, to wit: after allowing her license to practice pharmacy to lapse, and prior to its renewal, Betty Jean Minch dispensed the following prescriptions:
				Rx #			Dispensed
				03114 289578			09/17/01
				03114 289599			09/18/01
				03114 289720			09/18/01
				03114 289992			09/21/01
				03114 289994			09/21/01
				03114 290036			09/21/01
				03114 290069			09/21/01
				03114 290126			09/21/01
				03114 290129			09/21/01
				03114 290135			09/22/01
				03114 291245			10/01/01
				03114 298369			11/26/01
				03114 306036			01/25/02
				03114 306202			01/25/02
				03114 306281			01/26/02
				03114 307291			02/04/02
	Such conduct is in violation of Section 4729.28 of the Ohio Revised Code. (3) Betty Jean Minch is impaired physically or mentally to such a degree as to render her unfit to practice pharmacy, to wit: Betty Jean Minch admitted to a Board agent that, due to a severe depression, she was unable to complete her continuing pharmacy education requirements and her 2002 license renewal; and that she was having personal problems and had a hard time functioning.
	CONCLUSIONS OF LAW (1) The State Board of Pharmacy concludes that paragraphs (2) and (3) 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.
	(2) The State Board of Pharmacy concludes that paragraph (2) of the Findings of Fact constitutes being guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapter 4729. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.
	DECISION OF THE BOARD Pursuant to Section 4729.16 of the Ohio Revised Code, and after consideration of the record as a whole, the State Board of Pharmacy takes the following actions in the matter of Betty Jean Minch:
	(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 approves the issuance of a renewal pharmacist identification card, No. 03-1-12312, to Betty Jean Minch to practice pharmacy in Ohio and places Betty Jean Minch on probation for two years from the date the identification card is issued, with the following conditions:
	(1) Betty Jean Minch must obtain, within sixty days after the effective date of this Order, a full psychiatric evaluation by a licensed psychiatrist. The psychiatrist must provide an initial status report, which includes the recommended treatment plan, to the Board and to her physician within ten days after completing the assessment.
	(2) Betty Jean Minch must continue to follow the treatment plan, with counseling, set forth by Steven E. Connelly, M.D. or another program acceptable to the Board.
	(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 imposes a monetary penalty of one hundred dollars ($100.00) on Betty Jean Minch 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) Other terms of probation are as follows: (1) The State Board of Pharmacy hereby declares that Betty Jean Minch'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) Betty Jean Minch may not serve as a responsible pharmacist.
	(3) Betty Jean Minch may not work in a pharmacy more than forty hours per week during the first year of probation. (4) Betty Jean Minch must not violate the drug laws of the state of Ohio, any other state, or the federal government.
	(5) Betty Jean Minch must abide by the rules of the State Board of Pharmacy. (6) Betty Jean Minch must comply with the terms of this Order.
	Betty Jean Minch 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 (Aye-5/Nay-2). MOTION CARRIED. SO ORDERED.
	The motion was seconded by Mr. Lipsyc and approved by the Board (Aye-5/Nay-2/Abstain-1[Kost]).
R-2003-029	Ms. Eastman moved that the Board adopt the following Order in the matter of John R. Tomko, R.Ph.: ORDER OF THE STATE BOARD OF PHARMACY (Docket No. D-020307-045) In The Matter Of: JOHN R. TOMKO, R.Ph. 5812 Watson Street S.E. Hubbard, Ohio 44425 (R.Ph. No. 03-2-15734)
	INTRODUCTION THE MATTER OF JOHN R. TOMKO CAME FOR HEARING ON AUGUST 7, 2002, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: DIANE C. ADELMAN, R.Ph. (presiding); GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; ELIZABETH I. GREGG, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.
	JOHN R. TOMKO WAS REPRESENTED BY JOHN R. SHULTZ AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.
	SUMMARY OF EVIDENCE State’s Witnesses 1. Joann D. Predina, R.Ph., Ohio State Board of Pharmacy Respondent's Witnesses 1. John R. Tomko, R.Ph., Respondent 2. Joseph Gioiello, R.Ph. 3. Patricia A. Tomko, R.Ph.
	State's Exhibits 1. Summary Suspension Order/Notice of Opportunity For Hearing [03-07-02] 1A-1C. Procedurals 1D. Amendment Notice [04-23-02] 1E. Procedurals 1F.
	2. 3. 4. 5. 6. 8.
	9. 10.
	Respondent's Exhibits A. Pharmacist’s Recovery Contract for John Tomko [04-28-02] B. C. Support Group Attendance Records [03-04-02 to 07-30-02] D. E. Drug Screen Reports [05-16-02 to 07-25-02] F. Drug Screen Reports [03-04-02 to 07-29-02] G. Letters of Support from Patricia A. Tomko, R.Ph. [07-31-02]; Roy Perry, R.Ph. [not dated]; Murphy Lewis, M.Ed., CCDC-III-E [08-06-02]; Reverend Timothy H. O’Neill, Pastor [07-12-02]; Ralph Rich [07-14-02]; Gabriel J. Illes Jr., R.Ph. [06-19-02]; Richard Rumelfanger, R.Ph. [not dated]; Peter Cefrick Jr., R.Ph. [06-20-02]; David M. Tamulonis, R.Ph. [06-28-02]; Joseph C. Salmen, R.Ph. [07-29-02]; Todd R. Jaros, R.Ph. [07-11-02]; Christopher M. Holzman, R.Ph. [07-12-02]; and Eugene O’Brien, Ph.D. [07-23-02] H. Continuing Pharmaceutical Education Certificates [08-26-99 to 04-28-02]
	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 John R. Tomko was licensed by the State of Ohio as a pharmacist on August 8, 1984, pursuant to examination, and that his license to practice pharmacy in Ohio was summarily suspended effective March 7, 2002.
	(2) John R. Tomko is addicted to the use of controlled substances.
	(3)
	(4)
	(5)
	CONCLUSIONS OF LAW (1) The State Board of Pharmacy concludes that paragraphs (3) through (5) 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 (2) through (5) of the Findings of Fact constitute being guilty of dishonesty and unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code.
	(3) The State Board of Pharmacy concludes that paragraphs (2) through (5) 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 (5) 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 John R. Tomko 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. 03-2-15734, held by John R. Tomko and such suspension is effective as of the date of the mailing of this Order.
	(A) John R. Tomko, 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) John R. Tomko, 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 nine months from the effective date of this Order, the Board will consider any petition filed by John R. Tomko 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) John R. Tomko must enter into a contract, signed within thirty days after the effective date of this Order, with an Ohio Department of Alcohol and Drug Addiction Services (ODADAS) treatment provider or a treatment provider acceptable to the Board for a period of not less than five years and, upon signing, mail a copy of the contract to the Board office. The contract must provide that:
	(1) Random, observed urine drug screens shall be conducted at least once each month.
	(a) The urine sample must be given within twelve hours of notification. The urine drug screen must include testing for creatinine or specific gravity of the sample as the dilutional standard. (b) Results of all drug screens must be negative. Any positive results, including those which may have resulted from ingestion of food, but excluding false positives which resulted from medication legitimately prescribed, indicates a violation of the contract.
	(2) Attendance is required a minimum of three times per week at an Alcoholics Anonymous, Narcotics Anonymous, and/or similar support group meeting. (3) The program shall immediately report to the Board any violations of the contract and/or lack of cooperation.
	(B) John R. Tomko must demonstrate satisfactory proof to the Board that he is no longer addicted to or abusing drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy. (C) John R. Tomko must provide, at the reinstatement petition hearing, documentation of the following:
	(1) Compliance with the contract required above (e.g.-proof of giving the sample within twelve hours of notification and copies of all drug screen reports, meeting attendance records, treatment program reports, etc.); (2) Compliance with the continuing pharmacy education requirements set forth in Chapter 4729-7 of the Ohio Administrative Code as applicable and in effect on the date of petitioning the Board for reinstatement; (3) Compliance with the terms of this Order.
	(D) If reinstatement is not accomplished within three years of the effective date of this Order, John R. Tomko 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-6/Nay-1/Abstain-1[Kost]).
R-2003-030	Mr. Turner then moved that the Board adopt the following Order in the matter of Phoenix Pharmaceutical Lab & Consulting: ORDER OF THE STATE BOARD OF PHARMACY (Docket No. D-020514-056) In The Matter Of: PHOENIX PHARMACEUTICAL LAB & CONSULTING ℅ Mohammad Banawan, R.Ph. 10829 Pineville Road, Suite 6 Pineville, North Carolina 28134
	INTRODUCTION THE MATTER OF PHOENIX PHARMACEUTICAL LAB & CONSULTING CAME FOR CONSIDERATION ON AUGUST 7, 2002, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: DIANE C. ADELMAN, R.Ph. (presiding); GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, 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. PHOENIX PHARMACEUTICAL LAB & CONSULTING WAS NOT PRESENT NOR WAS IT REPRESENTED BY COUNSEL, AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.
	SUMMARY OF EVIDENCE State’s Witnesses Robert Cole, Ohio State Board of Pharmacy Respondent's Witnesses None
	State's Exhibits 1. Proposal to Deny/Notice of Opportunity for Hearing [05-14-02] 2. Application for Registration as a Terminal Distributor of Dangerous Drug [03-08-02] 3. Copy of Articles of Incorporation of Phoenix Pharmaceutical Lab and Consulting Inc., North Carolina Dept. of The Secretary of State [10-19-00] 4. Inspection Report (New) of Phoenix Pharmaceutical Lab, North Carolina Board of Pharmacy [12-12-01] 5. Certification of Licensure by the North Carolina Board of Pharmacy for Mohammad Fawzy Banawan [07-02-01] and Phoenix Pharmaceutical Lab [02-26-01] 6. Prescription Consultation.com - Online Pharmacy Future FAQ [03-11-02] Respondent's Exhibits None
	FINDINGS OF FACT After having heard the testimony, observed the demeanor of the witness, considered the evidence, and weighed the credibility of each, the State Board of Pharmacy finds the following to be fact:
	(1) On May 14, 2002, Mohammad Banawan was notified by letter of his right to a hearing, his rights in such hearing, and his right to submit any contentions in writing.
	(2) As demonstrated by return receipt dated May 16, 2002, Mohammad Banawan received the letter of May 14, 2002, informing him of the Board's proposal to deny his Application For Registration As A Terminal Distributor Of Dangerous Drugs, and his rights. (3) Mohammad Banawan has not responded in any manner to the letter of May 14, 2002, and has not requested a hearing in this matter.
	(4) Records of the State Board of Pharmacy indicate that Mohammad Banawan is the Vice President and Pharmacy Manager for Phoenix Pharmaceutical Lab & Consulting. Records further indicate that Mohammad Banawan submitted an application as a Terminal Distributor of Dangerous Drugs on or about March 8, 2002.
	(5) Phoenix Pharmaceutical Lab & Consulting is not equipped as to land, buildings, and equipment to properly carry on the business of a terminal distributor of dangerous drugs within the category applied for licensure by the Board, to wit: the pharmacy has indicated that it will accept prescriptions from patients who have not met face-to-face with a physician. A physician will only view a photographic identification prior to authorizing the dispensing of medications. When dispensing medication in this manner, Phoenix Pharmaceutical Lab & Consulting does not have the necessary facilities to properly conduct the business of a terminal distributor of dangerous drugs.
	CONCLUSION OF LAW The State Board of Pharmacy concludes that paragraph (5) of the Findings of Fact constitutes failure to meet the qualifications set forth in Division (A) of Section 4729.55 of the Ohio Revised Code.
	DECISION OF THE BOARD Pursuant to Section 4729.55(A) of the Ohio Revised Code, and after consideration of the record as a whole, the State Board of Pharmacy hereby refuses to issue a license for Phoenix Pharmaceutical Lab & Consulting and, therefore, denies the Application for Registration as a Terminal Distributor of Dangerous Drugs submitted by Mohammad Banawan and received by the Board on March 8, 2002. THIS ORDER WAS APPROVED BY A VOTE OF THE STATE BOARD OF PHARMACY. MOTION CARRIED. SO ORDERED.
	The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).
2:53 p.m.	Ms. Eastman moved that the Board receive Per Diem as follows:
		PER DIEM	08/05		08/06	08/07		Total
		Adelman	1		1	1		3
		Braylock	1		1	1		3
		Eastman	1		1	1		3
		Giacalone	1		1	1		3
		Gregg	1		1	1		3
		Kost	1		1	1		3
		Lipsyc	1		1	1		3
		Teater	1		1	1		3
		Turner	1		1	1		3
	The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).
2:54 p.m.	Ms. Eastman moved that the meeting be adjourned. The motion was seconded by Mrs. Teater and approved (Aye-8/Nay-0).

THE BOARD APPROVED THESE MINUTES

SEPTEMBER 10, 2002