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

October 15, 16, 2002

 

TUESDAY, OCTOBER 15, 2002

 

10:05 a.m.

ROLL CALL

 

 

The State Board of Pharmacy convened in Room East-B, 31st Floor, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with the following members present:

 

 

Diane C. Adelman, R.Ph. (President); Robert P. Giacalone, R.Ph. (Vice-President); Gregory Braylock, R.Ph.; Suzanne R. Eastman, R.Ph.; Elizabeth I. Gregg, R.Ph.; Lawrence J. Kost, R.Ph.; Nathan S. Lipsyc, R.Ph.; Dorothy S. Teater, Public Mem­ber; and James E. Turner, R.Ph.

 

 

Also present were William T. Winsley, Executive Director; Timothy Benedict, Assistant Executive Director; William McMillen, Licensing Administrator; Mark Keeley, Legislative Affairs Administrator; David Rowland, Legal Affairs Administrator; Robert Cole, Compli­ance Supervisor; and Sally Ann Steuk, Assistant Attorney General.

 

10:08 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: Braylock-Yes, Eastman-Yes, Giacalone-Yes, Gregg-Yes, Kost-Yes, Lipsyc-Yes, Teater-Yes, and Turner-Yes.

 

11:30 a.m.

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

 

R-2003-040

Mr. Turner moved that, pursuant to Section 3719.121 of the Revised Code, the Board summarily suspend the license to practice pharmacy belonging to Robert C. Hershbine, R.Ph. (03-1-24680) 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. Kost and approved by the Board (Aye-8/Nay-0).

 

R-2003-041

Mr. Kost then moved that, pursuant to Section 3719.121 of the Revised Code, the Board summarily suspend the license to practice pharmacy belonging to Anthony Kornokovich, R.Ph. (03-3-16986) due to the fact that a continuation of his professional practice presents a danger of immediate and serious harm to others.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

 

R-2003-042

Mr. Giacalone moved that the Board grant the continuance request received regarding the hearing in the matter of Arch Joseph Weber, R.Ph. that had been scheduled for Tuesday, October 15, 2002.  The motion was seconded by Mrs. Teater and approved by the Board (Aye-8/Nay-0).

 

R-2003-043

Mr. Turner then moved that the Board accept the request from Charles Willson, R.Ph. through his attorney for a modified payment schedule of the monetary penalty assessed pursuant to his Board Order.  The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).

 

11:40 a.m.

The Board recessed for lunch.

 

12:50 p.m.

The Board reconvened with all members present.

 

R-2003-044

A discussion was held regarding Board Resolution 96-248, which set the rates Board staff was to charge for certain sets of information.  After the discussion, Mr. Braylock moved that Board staff be instructed to charge ten cents (10¢) per page plus any retrieval fees paid by the Board for copying Board records, and to charge the cost of materials plus any associated retrieval fees for records in any other format.  The motion was seconded by Ms. Eastman and approved by the Board (Aye-8/Nay-0).

 

  1:15 p.m.

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

 

  1:21 p.m.

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

 

R-2003-045

Ms. Eastman moved that the Board grant the continuance request received regarding the hearing in the matter of Abdallah D. Abukhalil, R.Ph. that had been scheduled for Wednes­day, October 16, 2002.  The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

 

R-2003-046

Mr. Lipsyc then moved that the Board accept the settlement offer received in the matter of Sunil Bagai.  The settlement will be effective upon the signature of all parties.  The motion was seconded by Mr. Giacalone and approved by the Board (Aye-5/Nay-3).

 

  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 Elizabeth M. Hartranft, R.Ph., Bay Village.

 

  3:25 p.m.

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

 

  3:45 p.m.

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

 

  4:05 p.m.

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

 

R-2003-047

Mrs. Teater moved that the Board adopt the following Order in the matter of Elizabeth M. Hartranft, R.Ph.:

 

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-020327-049)

 

In The Matter Of:

 

ELIZABETH M. HARTRANFT, R.Ph.

24529 Bruce Road

Bay Village, Ohio 44140

(R.Ph. No. 03-3-08439)

 

 

INTRODUCTION

 

THE MATTER OF ELIZABETH M. HARTRANFT CAME FOR HEARING ON OCTOBER 15, 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.

 

 

ELIZABETH M. HARTRANFT WAS REPRESENTED BY MICHAEL E. MURMAN 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.  Elizabeth M. Hartranft, R.Ph., Respondent

2.  Todd Jaros, R.Ph.

 

 

State's Exhibits

1.  Reinstatement Hearing Request letter from Michael E. Murman  [03-25-02]

1A-C.  Procedurals

2.  Copy of State Board of Pharmacy Order in re Elizabeth M. Hartranft, R.Ph.  [09-11-00]

3.  Amherst Police Department Incident/Offense Report 01-00-000255  [02-11-00]

4.  Notarized Statement of Susan Elliott  [02-14-00]

5.  Notarized Statement of Alice Fisher  [02-15-00]

6.  Notarized Statement of Joseph Micheletti  [02-17-00]

7.  Rite Aid Customer History Report of Elizabeth Hartranft  [02-14-99 to 02-14-00]

8.  Complaint, City of Amherst vs. Elizabeth M. Hartranft, Case No. 00CRB-00120-A, Oberlin Municipal Court  [02-11-00]; Complaint, City of Amherst vs. Elizabeth M. Hartranft, Case No. 00CRB-00120-B, Oberlin Municipal Court  [02-11-00]

8A.  Oberlin Municipal Court Traffic/Criminal Docket re Elizabeth M. Hartranft  [02-11-00 to 05-18-00]

9.   Journal Entry, Westlake vs Elizabeth M. Hartranft, Case No. 96 TRC 4481-B, Rocky River Municipal Court  [06-17-96]

10.  Journal Entry, Westlake vs Elizabeth Hartranft, Case No. 97 TRC 770-A, Rocky River Municipal Court  [02-03-97]

11.  Notarized Statement of Ryan Piscione  [02-17-00]

12.  Notarized Statement of Deserie Overy  [02-17-00]

13.  Notarized Statement of Amy Spencer  [03-09-00]

14.  Notarized Statement of Kimberly Lutz  [03-21-00]

15.  Notarized Statement of Mark Biczykowski  [03-16-00]

16.  Rite Aid Pharmacy Patient Counseling/Eligibility Forms for RXs 04580 42957, 04580 42958, 04580 42991, and 04580 42933  [02-10-00]

17.  Notarized Statement of Dr. Helmut Jungschaeffer  [03-22-00]

18.  Renewal Application for Pharmacist License of Elizabeth M. Hartranft  [07-20-96]

19.  Renewal Application for Pharmacist License of Elizabeth M. Hartranft  [08-08-97]

 

 

Respondent's Exhibits

A.  PRO Pharmacist’s Recovery Contract for Elizabeth M. Hartranft  [10-17-00]

B.  Letter from Joseph W. Janesz, Ph.D., PCC, CCDC III-E, CRC and Gregory B. Collins, M.D.  [09-18-02]

C1-C35.  Drug Screen Reports  [05-15-00 to 09-05-02]

D.  Certificate of Appreciation for Betsy H  [09-03-02]

E1-E16.  Sixteen Letters of Support  [08-27-02 to 10-08-02]

F1-F22.  Support Group Attendance Records  [04-07-00 to 10-09-02]

G1-G31.  Calendar pages for April 2000 to October 2002

H1-H17.  Continuing Pharmaceutical Education Certificates  [10-30-98 to 07-11-00]

I1-I11.  Continuing Pharmaceutical Education Certificates  [02-01 to 09-12-02]

 

 

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 Eliza­beth M. Hartranft has complied with the terms set forth in the Order of the State Board of Pharmacy, Docket No. D-000222-048, effective  September 11, 2000.

 

 

DECISION OF THE BOARD

 

On the basis of the Finding of Fact set forth above, and after consideration of the record as a whole, the State Board of Pharmacy hereby approves the reinstatement of the pharmacist identification card, No. 03-3-08439, held by Elizabeth M. Hartranft to practice pharmacy in Ohio and places Elizabeth M. Hartranft on probation for five years effective from the date her pharmacist identification card is issued, with the following conditions:

 

 

 

(A)  Elizabeth M. Hartranft 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 before her pharmacist identification card is issued.  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 that may have resulted from inges­tion of food, but excluding false positives that resulted from medi­cation legiti­mately prescribed, indicate a violation of probation.

 

 

 

 

(d)  Refusals of urine screens or diluted urine screens are equiva­lent to a positive result and indicate a violation of 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)  Elizabeth M. Hartranft 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 Elizabeth M. Hartranft's progress towards recovery and what she has been doing during the previous three months.

 

 

 

 

(C)  Other terms of probation are as follows:

 

 

 

 

(1)  The State Board of Pharmacy hereby declares that Elizabeth M. Hartranft'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)  Elizabeth M. Hartranft may not serve as a responsible pharmacist.

 

 

 

 

(3) Elizabeth M. Hartranft may not destroy, assist in, or witness the destruc­tion of controlled substances.

 

 

 

 

(4)  Elizabeth M. Hartranft may not work in a pharmacy more than 40 hours per week.

 

 

 

 

(5)  Elizabeth M. Hartranft must, during the first six months of practice, work only with a pharmacist whose license is in good standing.

 

 

 

 

(6)  Elizabeth M. Hartranft must abide by the contract with her treatment provider and must immediately report any violation of the contract to the Board.

 

 

 

 

(7)  Elizabeth M. Hartranft must not violate the drug laws of Ohio, any other state, or the federal government.

 

 

 

 

(8)  Elizabeth M. Hartranft must abide by the rules of the State Board of Phar­macy.

 

 

 

 

(9)  Elizabeth M. Hartranft must comply with the terms of this Order.

 

 

 

 

(D)  Any violation of probation may result in a Board hearing to consider alternative or additional sanctions under Section 4729.16 of the Ohio Revised Code.

 

 

 

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

 

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

MOTION CARRIED.

SO ORDERED.

 

 

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

 

 

After a discussion of the draft of the minutes, Ms. Eastman moved that the minutes of the September 10, 11, 2002, meeting be approved as amended.  The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

 

  4:32 p.m.

R-2003-048

Mr. Keeley discussed the need to revise one of the rules that had been approved for filing at the September meeting.  After discussion, Mr. Braylock moved that the Board refile Rule 4729-5-15 with the following language:

 

 

4729-5-15  Prescriber.

 

 

(A)

For purposes of division (Z) of section 3719.01 and division (I) of section 4729.01 of the Revised Code, the following persons, maintain­ing current licenses and in good standing, licensed pursuant to Chap­ters 4715., 4725., 4731., and 4741. of the Revised Code, are author­ized by law to write pre­scriptions for drugs or dangerous drugs in the course of their professional practice:

 

 

(1)

Chapter 4715. of the Revised Code: dentist.

 

 

(2)

Chapter 4725. of the Revised Code: optometrist, if that person holds a current "therapeutic pharmaceutical agents certifi­cate" as defined in division (H) of section 4725.01 of the Revised Code.

 

 

(3)

Chapter 4731. of the Revised Code: doctor of medicine, doctor of osteopathic medicine and surgery, and doctor of podiatry.

 

 

(4)

Chapter 4741. of the Revised Code: doctor of veterinary medicine.

 

 

(B)

Those persons pursuing an approved internship, residency, or fellow­ship program in this state are authorized to write prescriptions only when acting within their scope of employment in the hospital(s) or institu­tion(s).  Approved internship and residency programs are those accredited by the "Accreditation Council for Graduate Medical Education (ACGME)" or the "American Osteopathic Association (AOA)".  Approved clinical fellow­ships are those at institutions which have a residency program in the same or a related clinical field which is accredited by the ACGME or the AOA.

 

 

(C)

A non-resident prescriber whose license is current and in good stand­ing and who is authorized to issue prescriptions for drugs in the course of their professional practice in a state other than Ohio is authorized to write prescriptions in that state for drugs to be dispensed in the state of Ohio.

 

 

(D)

An advanced practice nurse approved pursuant to section 4723.56 of the Revised Code may, by written or oral prescription, prescribe those drugs which have been approved by the formulary committee for advanced practice nurses and that are included in the collaborative protocol established for that advanced prac­tice nurse pursuant to section 4723.56 of the Revised Code.

 

 

(E)

An advanced practice nurse approved pursuant to section 4723.48 of the Revised Code may prescribe those drugs which have been approved by the committee on prescriptive governance for advanced practice nurses and pursuant to the standard care agreement for that advanced practice nurse.

 

 

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

 

  4:41 p.m.

The meeting was recessed until Wednesday, October 16, 2002.

 

 

WEDNESDAY, OCTOBER 16, 2002

 

  8:38 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); Gregory Braylock, R.Ph.; Suzanne R. Eastman, R.Ph.; Elizabeth I. Gregg, R.Ph.; Nathan S. Lipsyc, R.Ph.; Dorothy S. Teater, Public Member; and James E. Turner, R.Ph.

 

R-2003-049

Mr. Benedict presented a request from George Brown, R.Ph. for a continued exemption to Rule 4729-5-11 (Responsible pharmacist) for Samaritan Hospital  (02-0030000) and Peoples Hospital  (02-1012750).  After discussion, Ms. Eastman moved that the Board approve the request for one year.  The motion was seconded by Mrs. Gregg and approved by the Board (Aye-6/Nay-0).

 

R-2003-050

Mr. Benedict then presented a request from Central Ohio Compounding Pharmacy (02-1050650) for an exemption to Rule 4729-5-10 (Pick-up station) so that compounded patient-specific prescriptions for patients at Madison County Hospital could be prepared at Central Ohio Compounding Pharmacy and delivered to the Pharmacy Department at Madison County Hospital (02-0038350) for distribution to the patients.  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 [Rule 4729-5-10(B)(5)(b)].  The motion was seconded by Mrs. Gregg and approved by the Board (Aye-6/Nay-0).

 

R-2003-051

Mr. Benedict next presented a request from Mercy Medical Center/Springfield (02-0031850) for an exemption to Rule 4729-5-10 (Pick-up station) so that patient-specific prescriptions for hospice patients at Mercy Memorial Hospital/Urbana could be prepared at Mercy Medical Center/Springfield and delivered to the Pharmacy Department at Mercy Memorial Hospital/Urbana (02-090650) for distribution to the hospice patients.  After discussion, Mr. Braylock moved that the Board approve the request due to the need for involvement by a health care professional in the patient’s drug therapy [Rule 4729-5-10(B)(5)(b)].  The motion was seconded by Ms. Eastman and approved by the Board (Aye-6/Nay-0).

 

R-2003-052

Mr. Keeley presented a request from Ohio Northern University that the Board extend the approval for the Immunization coursework previously granted by the Board to coursework provided to students since January 1999.  After discussion, Mrs. Gregg moved that the Board approve this request.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-6/Nay-0).

 

R-2003-053

Mr. Benedict and Mr. Keeley presented a request from Ensure Technologies for approval of their Xyloc Authentication Token as a means of meeting the Board’s requirement for posi­tive identification [OAC Rule 4729-5-01(N)].  After discussion, Mrs. Gregg moved that the Xyloc Authentication Token be considered approvable as a means of meeting the Board’s requirements for positive identification pending final inspection of the installed product.  The motion was seconded by Mr. Lipsyc and approved by the Board (Aye-6/Nay-0).

 

  9:11 a.m.

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

 

10:26 a.m.

The hearing ended and the record was closed.

 

10:27 a.m.

Mr. Rowland announced that the settlement agreement in the following matter had been signed by all parties and was effective as of the date of the signature of the Board Presi­dent:

 

R-2003-054

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-020606-061)

 

In The Matter Of:

 

JACK E. MACCARTNEY, R.Ph.

235 Brainard Drive

Boardman, Ohio 44512

(R.Ph. No. 03-2-08765)

 

 

This Settlement Agreement is entered into by and between Jack E. MacCartney and the Ohio State Board of Pharmacy, a state agency charged with enforcing the Pharmacy Practice Act and Dangerous Drug Distribution Act, Chapter 4729. of the Ohio Revised Code.

 

 

Jack E. MacCartney voluntarily enters into this Agreement being fully informed of his rights afforded under Chapter 119. of the Ohio Revised Code, including the right to representation by counsel, the right to a formal adjudication hearing on the issues contained herein, and the right to appeal. Jack E. MacCartney acknowledges that by entering into this agreement he has waived his rights under Chapter 119. of the Revised Code.

 

 

Whereas, the Board is empowered by Section 4729.16 of the Ohio Revised Code to suspend, revoke, place on probation, refuse to grant or renew an identification card or enforce a monetary penalty on the license holder for violation of any of the enumerated grounds therein.

 

 

Whereas, Jack E. MacCartney is licensed to practice pharmacy in the State of Ohio.

 

 

Whereas, on or about June 6, 2002, pursuant to Chapter 119. of the Ohio Revised Code, Jack E. MacCartney was notified of the allegations or charges against him, his right to a hearing, his rights in such hearing, and his right to submit contentions in writing.  Further, a hearing was scheduled by the Board.  The Notice of Opportunity for Hearing contains the following allegations or charges:

 

 

(1)

Records of the Board of Pharmacy indicate that you were originally licensed in the State of Ohio on March 6, 1967, pursuant to examination, and are currently licensed to practice pharmacy in the State of Ohio.  Records further reflect during the relevant time periods stated herein, you were the Responsible Pharmacist at Rite Aid Pharmacy #3117 pursuant to Sections 4729.27 and 4729.55 of the Ohio Revised Code and Rule 4729-5-11 of the Ohio Administrative Code.

 

 

(2)

You did, on or about October 24, 2001, misbrand a drug, to wit:  you dispensed Rx# 270547, but did not indicate the correct patient’s name on the label affixed to the container. Such conduct is in violation of Section 3715.52 of the Ohio Revised Code and Rule 4729-5-16 of the Ohio Administrative Code, and if proven constitutes unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code.

 

 

(3)

You did, on or about November 13, 2001, intentionally create and or knowingly possess a false or forged prescription, to wit:  you created a label for Rx# 273251 and placed it over another, already dispensed label.  A Board agent discovered the concealed label was for Rx# 270547.  Such conduct is in violation of 2925.23(B) of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality, and/or guilty of dishonestly or unprofessional conduct in the practice of pharmacy within the meaning of Chapter 2925 of the Ohio Revised Code.

 

 

(4)

You did, on or about November 13, 2001,  knowing you had no privilege to do so, and with purpose to facilitate a fraud, falsify, destroy, remove, conceal, alter, deface or mutilate a record, to wit: you concealed the actual Rx label #270547 dispensed in error by covering the label with Rx label #273251.  Such conduct is in violation of 2913.42(A)(1) of the Ohio Revised Code, and if proven constitutes unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code.

 

 

Wherefore, the parties, in consideration of the mutual covenants and promises contained herein, and in lieu of any further formal proceedings at this time, and intending to be bound by said covenants, agree as follows:

 

 

(1)

Jack E. MacCartney agrees to the imposition of a monetary penalty of One Thousand dollars ($1000.00) due and owing within thirty days from the effective date of this Agreement.  Checks should be made payable to the "Treasurer, State of Ohio" and mailed with the enclosed forms to the State Board of Pharmacy, 77 South High Street, 17th Floor, Columbus, Ohio 43215-6126.

 

 

(2)

Jack E. MacCartney’s pharmacist identification card, No. 03-2-08765, will be placed on probation for one year, as of the effective date of this agreement. Jack E. MacCartney may serve as responsible pharmacist and may have 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.

 

 

(3)

Jack E. MacCartney admits and acknowledges that he is not a “prevailing eligible party” for purposes of Revised Code Sections 119.092 and 2335.39.  Further Jack E. MacCartney waives any rights he may have under Revised Code Sections 119.09 and 2335.39.

 

 

(4)

Jack E. MacCartney, with intention of binding himself and his successors in inter­est and assigns, hereby releases, and holds harmless from liability and forever discharges the State of Ohio, the Board, the Ohio Attorney General, and any and all of their present and former members, officers, attorneys, agents and employ­ees, personally and in their official capacities, from any and all claims, demands, causes of actions, judgments, or executions that Jack E. MacCartney ever had, or now has or may have, known or unknown, or that anyone claiming through or under him may have or claims to have, created by or arising out of the allegations or charges filed by the Board against Jack E. MacCartney, set forth in the Notice of Opportunity for Hearing.

 

 

(5)

Jack E. MacCartney acknowledges that he has had an opportunity to ask questions concerning the terms of this Agreement and that all questions asked have been answered in a satisfactory manner.

 

 

(6)

This Agreement embodies the entire agreement between and of the parties.  There are no express or implied promises, guarantees, terms, covenants, condi­tions, or obligations other than those contained herein; and this Agreement supersedes all previous communications, representations or agreements, either verbal or written, between the parties.

 

 

(7)

The parties hereto acknowledge that this Agreement shall be considered a public record as that term is used in Section 149.43 of the Ohio Revised Code and shall become effective upon the date of the Board President’s signature below.

 

 

 

/s/          Jack E MacCartney

 

/d/      10/9/02

 

 

 

Jack E. MacCartney, Respondent

 

Date of Signature

 

 

 

 

 

 

 

 

 

/s/          Diane C. Adelman, President

 

/d/      10/16/02

 

 

 

Diane C. Adelman, President, Ohio State Board of Pharmacy

 

Date of Signature

 

 

 

 

 

 

 

 

 

/s/          Sally Ann Steuk

 

/d/      10/15/02

 

 

 

Sally Ann Steuk, Ohio Assistant Attorney General

 

Date of Signature

 

 

10:43 a.m.

The meeting resumed.  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, Eastman-Yes, Gregg-Yes, Lipsyc-Yes, Teater-Yes, and Turner-Yes.

 

11:30 a.m.

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

 

R-2003-055

Ms. Eastman moved that the Board adopt the following Order in the matter of Joseph E. Geiser, R.Ph.:

 

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-010323-061)

 

In The Matter Of:

 

JOSEPH E. GEISER, R.Ph.

12082 White Plains Road

Milan, Indiana 47031

(R.Ph. No. 03-1-10865)

 

 

INTRODUCTION

 

THE MATTER OF JOSEPH E. GEISER CAME FOR HEARING ON OCTOBER 16, 2002, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: DIANE C. ADELMAN, R.Ph., (presiding); GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ELIZABETH I. GREGG, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

 

 

JOSEPH E. GEISER WAS REPRESENTED BY SYLVAN P. REISENFELD 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.  Joseph E. Geiser, R.Ph., Respondent

2.  Matthew Fisher, R.Ph.

3.  Gregg Jacobs, R.Ph.

4.  Dave Baker, R.Ph.

 

 

State's Exhibits

1.  Reinstatement Hearing Request letter from Sylvan P. Reisenfeld  [03-20-01]

1A-1G.  Procedurals

2.  State Board of Pharmacy Order, in re Joseph E. Geiser, R.Ph.  [09-09-99]

2A.  Notarized Statement of Joseph E. Geiser  [06-06-99]

3.  Notarized Statement of Debra Lind  [06-03-99]

4.  Notarized Statement of Jane F. Walsh  [06-02-99]

5.  Memo from Jane Walsh  [05-28-99]

6.  Progress Notes  [05-21-99 to 06-03-99]

7.  Memo from Jane Walsh  [05-30-99]

8.  Memo from Rob Sieve  [05-31-99]

9.  Two Drug Utilization Statistics Reports  [06-02-99]; Item Order History printout for Hydrocod+AC 5/5C  [Jun 1998 to Jun 99]; Drug Purchase Report for Hydrocod+AC 7.5/750 [Jun 1998 to Jun 99]

10.  Notarized Statement of Mary Wilson  [07-09-99]

11.  Notarized Statement of H. Philip Schott  [07-09-99]

12.  DEA Form 106, Report of Theft or Loss of Controlled Substances for Deaconess Hospital Pharmacy  [06-22-99]

 

 

Respondent's Exhibits

A.  Summary Suspension Order/Notice of Opportunity for Hearing  [06-15-99]; State Board of Pharmacy Order in re Joseph E. Geiser, R.Ph.  [09-09-99]; Hearing Schedule letter  [03-23-01]; Hearing Schedule letter  [08-31-01]

B.  PRO Pharmacist’s Recovery Contract of Joseph E. Geiser  [02-20-01]

C.  Letter from Kim Wilson Burke, Judge  [02-08-02]; ADAPT Drug Court residential program records of Joseph E. Geiser  [08-24-99 to 08-03-01]; letter from William Michnowicz, Pro­bation Officer  [01-31-02]

D.  Support Group Attendance Records  [03-02-01 to 10/12/02]

E.  Letter from Matthew E. Fisher, R.Ph.  [02-27-02]

F.  Continuing Pharmaceutical Education Certificates  [04-29-01 to 10-01-02]

G.  Drug Screen Reports  [08-27-99 to 09-18-02]

 

 

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 Joseph E. Geiser has complied with the terms set forth in the Order of the State Board of Pharmacy, Docket No. D-990615-051, effective September 9, 1999.

 

 

DECISION OF THE BOARD

 

On the basis of the Finding of Fact set forth above, and after consideration of the record as a whole, the State Board of Pharmacy hereby approves the reinstatement of the pharmacist identification card, No. 03-1-10865, held by Joseph E. Geiser to practice pharmacy in Ohio and places Joseph E. Geiser on probation for five years effective from the date his pharma­cist identification card is issued, with the following conditions:

 

 

 

(A)  Joseph E. Geiser must take and pass the NAPLEX examination or an equivalent examination acceptable to the Board before his pharmacist identification card will be issued.

 

 

 

 

(B)  Joseph E. Geiser 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 before his pharmacist identification card is issued.  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)  Results of all drug screens must be negative.  Any positive results, including those that may have resulted from ingestion of food, but excluding false positives that resulted from medication legitimately prescribed, indicate a violation of probation.

 

 

 

 

(c)  Refusals of urine screens or diluted urine screens are equivalent to a positive result and indicate a violation of 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.

 

 

 

 

(C)  Joseph E. Geiser 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 Joseph E. Geiser's progress towards recovery and what he has been doing during the previous three months.

 

 

 

 

(D)  Other terms of probation are as follows:

 

 

 

 

(1)  The State Board of Pharmacy hereby declares that Joseph E. Geiser'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)  Joseph E. Geiser may not serve as a responsible pharmacist.

 

 

 

 

(3)  Joseph E. Geiser may not destroy, assist in, or witness the destruction of controlled substances.

 

 

 

 

(4)  Joseph E. Geiser must abide by the contract with his treatment provider and must immediately report any violation of the contract to the Board.

 

 

 

 

(5)  Joseph E. Geiser must not violate the drug laws of Ohio, any other state, or the federal government.

 

 

 

 

(6)  Joseph E. Geiser must abide by the rules of the State Board of Phar­macy.

 

 

 

 

(7)  Joseph E. Geiser must comply with the terms of this Order.

 

 

 

 

(E)  Any violation of probation may result in a Board hearing to consider alternative or additional sanctions under Section 4729.16 of the Ohio Revised Code.

 

 

 

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

 

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

MOTION CARRIED.

SO ORDERED.

 

 

The motion was seconded by Mr. Braylock and approved by the Board (Aye-4/Nay-2).

 

R-2003-056

The Board next discussed a proposal from A4 Health Systems for a revised method of meeting the Board’s requirements for positive identification [OAC Rule 4729-5-01(N)].  Fol­lowing discussion, Mr. Braylock moved that the proposed method be considered approv­able as a means of meeting the Board’s requirements for positive identification pending final inspection of the installed product.  The motion was seconded by Ms. Eastman and approved by the Board (Aye-6/Nay-0).

 

 

Mr. Braylock presented a report on the activities of the Nursing Board’s Committee on Prescriptive Governance.

 

 

There was no report concerning the Medical Board’s Prescribing Committee.

 

 

Mr. Keeley discussed his legislative report with the Board.

 

12:15 p.m.

The meeting was recessed for lunch.

 

  1:30 p.m.

The Board reconvened in Room South-A, 31st Floor, 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); Gregory Braylock, R.Ph.; Suzanne R. Eastman, R.Ph.; Elizabeth I. Gregg, R.Ph.; Nathan S. Lipsyc, R.Ph.; Dorothy S. Teater, Public Mem­ber; and James E. Turner, R.Ph.

 

R-2003-057

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 Mrs. Gregg and approved by the Board (Aye-6/Nay-0).

 

EDWARD J. BERKI

03-3-25486

NORTH DAKOTA

RICHELLE COOK CARUSO

03-3-25519

NEW YORK

SHEREE DENISE GRIFFITH

03-3-25503

WEST VIRGINIA

TAMMY CARAWAN HOCH

03-3-25504

NORTH CAROLINA

SHANNAN LEIGH MOLNAR

03-3-25510

WEST VIRGINIA

GAIL ANN PIGG

03-3-25489

MISSISSIPPI

WILLIAM J. SCHOTT

03-3-25494

OREGON

HOSSEIN TABATABAIAN

03-3-25513

ILLINOIS

 

  2:01 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 Karen S. Frederick, R.Ph., Fremont.

 

  4:10 p.m.

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

 

  4:26 p.m.

The meeting resumed.  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, Eastman-Yes, Gregg-Yes, Lipsyc-Yes, Teater-Yes, and Turner-Yes.

 

  5:15 p.m.

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

 

R-2003-058

Mr. Braylock moved that the Board adopt the following Order in the matter of Karen S. Frederick, R.Ph.:

 

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-020110-032)

 

In The Matter Of:

 

KAREN S. FREDERICK, R.Ph.

610 Barker Road

Fremont, Ohio 43420

(R.Ph. No. 03-1-17313)

 

 

INTRODUCTION

 

THE MATTER OF KAREN S. FREDERICK CAME FOR HEARING ON OCTOBER 16, 2002, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: DIANE C. ADELMAN, R.Ph. (presiding); GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ELIZABETH I. GREGG, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

 

 

KAREN S. FREDERICK WAS REPRESENTED BY DONALD J. RAFFERTY AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

 

SUMMARY OF EVIDENCE

State’s Witnesses

1.  Kevin Joseph Kinneer, Ohio State Board of Pharmacy

 

Respondent's Witnesses

1.  Karen S. Frederick, R.Ph., Respondent

2.  Lisa Katherine Ramirez, R.Ph.

3.  Matthew Paul Frederick, R.Ph.

 

 

State's Exhibits

1.  Copy of Summary Suspension/Notice Of Opportunity For Hearing letter  [01-10-02]

1A-1D.  Procedurals

1E.  Addendum Notice  [05-14-02]

1F.  Addendum Notice  [09-10-02]

1G.  Procedural

2.  Excel Spreadsheet for 33 prescriptions of 7 customers [03-03-01 to 10-12-01]

2A.  Patient Profile for Patient #1  [01-01-01 to 10-29-01]

2B.  Patient Profile for Patient #2  [01-01-01 to 10-25-01]

2C.  Patient Profile for Patient #3  [01-01-01 to 10-29-01]

2D.  Patient Profile for Patient #4  [01-01-01 to 10-29-01]

2E.  Patient Profile for Patient #5  [01-01-01 to 10-29-01]

2F.  Patient Profile for Patient #6  [01-01-01 to 10-29-01]

3A.  Rx #4425731  [03-03-01]

3B.  Rx #4425823  [03-14-01]

3C.  Rx #4425822  [03-14-01]

3H.  Rx #4426102  [04-23-01]

3K.  Rx #2202840  [05-23-01]

3M.  Rx #2201249  [06-03-01]

3O.  Rx #2202866  [06-18-01]

3P.  Rx # 2202874  [06-22-01]

3R.  Rx #4426799  [07-12-01]

3T.  Rx #2202896  [07-16-01]

3V.  Rx # 4426937  [07-26-01]

3W.  Rx #6776246  [07-26-01]

3X.  Rx #2202923  [07-31-01]

3Z.  Rx #2202944  [08-14-01]

3DD.  Rx #2202964  [08-28-01]

3EE.   Rx #2202966  [09-01-01]

3FF.   Rx #2202980  [09-10-01]

3GG.  Rx #2203022  [10-12-01]

4.  Patient Profile for Patient #2  [01-01-98 to 01-02-02]

5.  Drug Audit Accountability Sheets for Hydrocodone w/apap 5/500; Ionamin 30 mg; Xanax 2 mg; Xanax 1 mg; Alprazolam 2 mg  [04-30-00 to 04-30-01]

6.   Judgment Entry, State of Ohio vs. Karen Frederick, Case No. 02CR-1988, Franklin County Common Pleas Court  [04-19-02]

7.   Indictment, State of Ohio vs. Karen S. Frederick, Case No. 02CR0021, Crawford County Common Pleas Court  [02-11-02]; Motion/Memorandum For Intervention in Lieu of Con­viction [05-13-02]; and Judgment Entry on Arraignment, Plea of Guilty and Placement on Intervention in Lieu of Conviction [05-17-02]

 

 

Respondent's Exhibits

A.  PRO Pharmacist’s Recovery Contract for Karen Frederick  [11-19-01]

B.   Drug Screen Reports  [01-30-02 to 07-25-02]

C.  The Toledo Hospital Alcohol and Drug Treatment Center Patient Discharge Recom­mendations/Plan/Agreement for Karen Frederick  [12-20-01]

D.  Progress Evaluation Forms re Karen Frederick  [FEB 2002 to JUL 2002]

E.   Support Group Attendance Records  [11-01-01 to 09-30-02]

F.   Letters of Support from W.B. (Bill) Kunkle, BA, BS, BS, CCDC II  [09-30-02]; Marsha Bloomfield  [10-02-02]; and John W. Estep  [not dated]

G.  Restitution documentation:  letter from John L. O’Shea  [04-25-02]; copy of check to Wal-Mart  [04-25-02]; Bookkeeping Trans History re Karen Frederick  [06-25-02 to 07-03-02]

H.  Copy of Receipt No. 100755 from Crawford County Common Pleas Court for court costs received of Karen S. Frederick  [10-01-02]

 I.  Two PRO Client Monitoring Sheet/Client Reporting Sheet for Quarterly Report re Karen Frederick  [07-01-02 and 10-03-02];  Quarterly Progress Notes On Karen Frederick by Lisa K. Ramirez, R.Ph.  [03-29-02]

 

 

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 Karen S. Frederick was origi­nally licensed by the State of Ohio as a pharmacist on September 27, 1988, pursuant to reciprocity, and is currently licensed to practice pharmacy in Ohio.

 

 

 

 

(2)  Karen S. Frederick is addicted to the use of controlled substances, to wit: Karen S. Frederick has admittedly filled forged prescriptions in various patient names so as to obtain Adderall, Vicodin, and Xanax.  Karen S. Frederick has admitted to being addicted to Adderall, Xanax, using nine to ten or more Xanax per day and six Adderall per day.  Karen S. Frederick is currently in treatment for her addiction.

 

 

 

 

(3)  Karen S. Frederick did, on or about the following dates, intentionally make and/or knowingly possess false or forged prescriptions, to wit: Karen S. Frederick created the following prescriptions  to cover for her drug usage:

 

 

 

 

(a)  Rx #4425731 on March 3, 2001 for 90 alprazolam 1mg;

(b)  Rx #4425823 on March 16, 2001 for 90 alprazolam 2mg;

(c)  Rx #4425822 on March 16, 2001 for 50 hydrocodone/APAP 5/500mg;

(d)  Rx #6768676 on March 25, 2001 for 30 Zoloft 25mg;

(e)  Rx #4425731 on April 5, 2001 for 90 alprazolam 1mg;

(f)  Rx #4425822 on April 5, 2001 for 50 hydrocodone/APAP 5/500mg;

(g)  Rx #4425823 on April 9, 2001 for 90 alprazolam 2mg;

(h)  Rx #4426102 on April 23, 2001 for 100 alprazolam 2mg;

(i)  Rx #4425823 on May 7, 2001 for 90 alprazolam 2mg;

(j)  Rx #5770925 on May 7, 2001 for 30 Zoloft 25mg;

(k)  Rx #2202840 on May 23, 2001 for 60 Adderall 20mg;

(l)  Rx #4426102 on May 26, 2001 for 100 for alprazolam 2mg;

(m)  Rx #2201249 on June 3, 2001 for 30 Adderall 20mg;

(n)  Rx #4425823 on June 8, 2001 for 90 alprazolam;

(o)  Rx #2202866 on June 18, 2001 for 15 Adderall 30mg;

(p)  Rx #2202874 on June 22, 2001 for 60 Adderall 20mg;

(q)  Rx #4426102 on June 28, 2001 for 100 alprazolam 2mg;

(r)  Rx #4426799 on July 12, 2001 for 30 hydrocodone/APAP 5/500mg;

(s)  Rx #4425823 on July 12, 2001 for 90 alprazolam 2mg;

(t)  Rx #2202896 on July 16, 2001 for 60 Adderall 20mg;

(u)  Rx #4426102 for July 26, 2001 for 100 alprazolam 2mg;

(v)  Rx #4426937 on July 26, 2001 for 50 hydrocodone/APAP 5/500mg;

(w)  Rx #6776246 on July 26, 2001 for 4 Prozac 90mg;

(x)  Rx #2202923 on July 31, 2001 for 30 Adderall 20mg;

(y)  Rx #4425823 on August 13, 2001 for 90 alprazolam 2mg;

(z)  Rx #2202944 on August 14, 2001 for 30 Adderall 20mg;

(aa)  Rx #4426937 on August 18, 2001 for 50 hydrocodone/APAP 5/500mg;

(bb)  Rx #6776246 on August 18, 2001 for 4 Prozac 90mg;

(cc)  Rx #6777773 on August 18, 2001 for 84 Tri-Levlen-28;

(dd)  Rx #2202964 on August 28, 2001 for 15 Adderall 20mg;

(ee)  Rx #2202966 on September 1, 2001 for 130 Ritalin 5mg;

(ff)  Rx #2202980 on September 10, 2001 for 100 Adderall 20mg;

(gg)  Rx #2203022 on October 12, 2001 for 30 for Adderall 20mg.

 

 

 

 

Such conduct is in violation of Section 2925.23(B) of the Ohio Revised Code.

 

(4)  Karen S. Frederick did, on or about the following dates, intentionally make and/or knowingly possess false or forged prescriptions, to wit: Karen S. Frederick created the following prescriptions  to cover for her drug usage:

 

 

 

 

(a)  Rx #4429946 on May 18, 2000 for 15 alprazolam 2mg;

(b)  Rx #6843726 on May 18, 2000 for 30 Midrin;

(c)  Rx #4429946 on June 19, 2000 for 15 alprazolam 2mg;

(d)  Rx #4429946 on July 12, 2000 for 15 alprazolam 2mg;

(e)  Rx #4429946 on August 11, 2000 for 15 alprazolam 2mg;

(f)  Rx #4429946 on September 9, 2000 for 15 alprazolam 2mg;

(g)  Rx #6855835 on September 29, 2000 for 30 Zoloft 25mg;

(h)  Rx #4432114 on December 14, 2000 for 100 alprazolam 2mg;

(i)  Rx #6862597 on December 14, 2000 for 100 erythromycin 2%;

(j)  Rx #6863469 on December 24, 2000 for 30 Estratest HS.

 

 

 

 

Such conduct is in violation of Section 2925.23(B) of the Ohio Revised Code.

 

 

 

 

(5)  Karen S. Frederick did, from April 30, 2000, through April 30, 2001, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Port Clinton Wal-Mart Pharmacy, by deception, to wit: Karen S. Frederick stole the following drugs in the following quantities:

 

 

1,452

 

hydrocodone/APAP 5/500mg

140

 

Ionamin 30mg

250

 

Xanax 2mg

250

 

Xanax 1mg

88

 

alprazolam 2mg

 

 

 

Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

 

 

 

 

(6)  Karen S. Frederick did, on or about June 19, 2000, through October 12, 2001, knowingly make a false or misleading statement or representation for use in obtaining reimbursement from the Medical Assistance Program, to wit: Karen S. Frederick sub­mitted false prescriptions to the State of Ohio Medicaid Program in the amount of one thousand one hundred thirty-nine dollars and eighty-nine cents ($1,139.89).  Such con­duct is in violation of Section 2913.40 of the Ohio Revised Code.

 

 

 

 

(7)  On April 18, 2002, Karen S. Frederick pled guilty to Medicaid Fraud, a felony of the fifth degree under Section 2913.40(B) of the Ohio Revised Code.  State of Ohio vs. Karen Frederick, Case No. 02CR-1988, Franklin County Common Pleas Court.  Such conduct indicates that Karen S. Frederick is guilty of a felony or gross immorality within the meaning of Section 4729.16 of the Ohio Revised Code.

 

 

 

 

(8)  On May 17, 2002, Karen S. Frederick pled guilty to one count of Deception To Obtain A Dangerous Drug, a felony of the fifth degree under Section 2925.22 of the Ohio Revised Code, and one count of Theft of A Dangerous Drug, a felony of the fifth degree under Section 2913.02 of the Ohio Revised Code.  On the same date, Karen S. Frederick was granted intervention in lieu of conviction.  State of Ohio vs. Karen S. Frederick, Case No. 02CR-0021, Crawford County Common Pleas Court.  Such conduct indicates that Karen S. Frederick is guilty of a felony or gross immorality and/or addicted to or abusing drugs to such a degree as to render her 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 (3) through (8) 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 (3) through (6) 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) and (8) 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 her 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 paragraphs (3), (4), and (8) of the Find­ings of Fact constitute being guilty of willfully violating, conspiring to violate, attempt­ing to violate, or aiding and abetting the violation of provisions of Chapter 2925. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

 

 

 

DECISION OF THE BOARD

 

Pursuant to Section 3719.121 of the Ohio Revised Code, the State Board of Pharmacy hereby removes the Summary Suspension Order issued to Karen S. Frederick on January 10, 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 Karen S. Frederick:

 

 

 

(A)  On the basis of the Findings of Fact and paragraphs (1) through (3) of the Conclu­sions of Law set forth above, the State Board of Pharmacy hereby suspends indefinitely the pharmacist identification card, No. 03-1-17313, held by Karen S. Frederick and such suspension is effective as of the date of the mailing of this Order.

 

 

 

 

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

 

 

 

 

(B)  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 imposes a monetary penalty of two thousand five hundred dollars ($2,500.00) on Karen S. Frederick 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.

 

 

 

Further, after July 10, 2003, the Board will consider any petition filed by Karen S. Frederick 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)  Karen S. Frederick 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)  Adderall, Xanax, and hydrocodone must be added to the stan­dard urine drug screen.

 

 

 

 

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

 

 

 

 

(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)  Karen S. Frederick must demonstrate satisfactory proof to the Board that she is no longer addicted to or abusing drugs or impaired physically or mentally to such a de­gree as to render her unfit to practice pharmacy.

 

 

 

 

(C)  Karen S. Frederick 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, Karen S. Frederick must show successful completion of the NAPLEX examination or an equivalent examination approved by the Board.

 

 

 

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

MOTION CARRIED.

SO ORDERED.

 

 

The motion was seconded by Mr. Turner and approved by the Board (Aye-5/Nay-1).

 

  5:21 p.m.

Ms. Eastman moved that the Board receive Per Diem as follows:

 

 

 

PER DIEM

09/23

10/15

10/16

Total

 

 

 

Adelman

-

1

1

2

 

 

 

Braylock

1

1

1

3

 

 

 

Eastman

-

1

1

2

 

 

 

Giacalone

-

1

-

1

 

 

 

Gregg

-

1

1

2

 

 

 

Lipsyc

-

1

1

2

 

 

 

Kost

-

1

-

1

 

 

 

Teater

-

1

1

2

 

 

 

Turner

-

1

1

2

 

 

 

The motion was seconded by Mrs. Teater and approved by the Board (Aye-6/Nay-0).

 

  5:22 p.m.

Mr. Lipsyc moved that the meeting be adjourned.  The motion was seconded by Mrs. Gregg and approved (Aye-6/Nay-0).

 

 

THE BOARD APPROVED THESE MINUTES

NOVEMBER 6, 2002