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.

 

 

 

STATE BOARD OF PHARMACY; 77 SOUTH HIGH STREET, ROOM 1702; COLUMBUS, OHIO 43215-6126

Tel:  614/466-4143                         Fax:  614/752-4836                        Eml:  exec@bop.state.oh.us

 

 

 

Minutes Of The Meeting

Ohio State Board of Pharmacy

November 4, 5, 6, 2002

 

MONDAY, NOVEMBER 4, 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); 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.

 

10:04 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. 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.

 

11:20 a.m.

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

 

R-2003-059

Mr. Turner moved that the Board accept the following settlement offer in the matter of Arch Joseph Weber, R.Ph.  The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).

 

 

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

VOLUNTARY SURRENDER WITH DISCIPLINARY ACTION PENDING

(Docket No. D-020920-017)

 

In The Matter Of:

 

ARCH JOSEPH WEBER, R.Ph.

8700 Ashford Lake N.W.

Pickerington, Ohio 43147

(R.Ph. No. (03-3-14610)

 

 

This Settlement Agreement is entered into by and between Arch Joseph Weber 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.

 

 

Arch Joseph Weber enters into this Agreement being fully informed of his rights afforded under Chapter 119. of the Ohio Revised Code, including the right to representation by counsel and the right to a formal adjudication hearing on the issues contained herein.

 

 

Arch Joseph Weber is knowingly and voluntarily acknowledging that, in order to settle the disciplinary charges that have been filed by the Board against him and in order to obviate the need to conduct an administrative hearing to consider possible disciplinary sanctions against Arch Joseph Weber’s license to practice pharmacy in the State of Ohio, this Agreement is entered into on the basis of the following stipulations, admissions, and understandings:

 

 

(A)

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

 

 

(B)

Arch Joseph Weber neither admits nor denies the allegations stated in the Notice of Opportunity for Hearing letter dated September 20, 2002, Addendum Notice dated September 23, 2002 and Addendum Notice dated October 21, 2002; however, the Board has duly filed the allegations in its Notice of Opportunity as stated therein and will withhold adjudication pursuant to  the terms of this agreement.

 

 

Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of a formal hearing at this time, Arch Joseph Weber knowingly and voluntarily surrenders PERMANENTLY to the State Board of Pharmacy his license and registration to practice pharmacy, with disciplinary action pending, is PRECLUDED FROM MAKING ANY APPLICATION FOR FURTHER REGISTRATION.

 

 

Arch Joseph Weber may not be employed by or work in any facility licensed by the Board of Pharmacy to possess or distribute dangerous drugs.

 

 

Arch Joseph Weber 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.

 

 

Arch Joseph Weber waives any and all claims or causes of action he may have against the State of Ohio or the Board, and members, officers, employees, and/or agents of either, arising out of matters which are the subject of this Agreement.  Arch Joseph Weber waives any rights of appeal pursuant to Chapter 119. of the Ohio Revised Code.

 

 

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

 

 

 

/s/          Arch Joseph Weber

 

/d/      11 - 1 - 02

 

 

 

Arch Joseph Weber, Respondent

 

Date of Signature

 

 

 

 

 

 

 

 

 

/s/          Eric Jason Yavitch

 

/d/ November 1, 2002

 

 

 

Eric Jason Yavitch, Attorney for Respondent

 

Date of Signature

 

 

 

 

 

 

 

 

 

/s/          Diane C. Adelman

 

/d/ November 4, 2002

 

 

 

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

 

Date of Signature

 

 

 

 

 

 

 

 

 

/s/          Sally Ann Steuk

 

/d/      11 - 4 - 02

 

 

 

Sally Ann Steuk, Ohio Assistant Attorney General

 

Date of Signature

 

 

11:25 a.m.

The Board recessed for lunch.

 

  1:00 p.m.

The Board reconvened in Room 1960, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with all members present for the purpose of holding a Public Hearing pursuant to Chapter 119. of the Revised Code to receive testimony regarding the following amended rules the Board has proposed to adopt:

 

 

4729-3-01 (Definitions.), 4729-3-02 (Registration as a pharmacy intern.),  4729-3-03 (Application for registration as a pharmacy intern.),  4729-3-04 (Pharmacy intern identification card renewal.), and 4729-3-05 (Internship credit.) to update language and clarify requirements;

 

4729-5-01 (Definitions.) to update "original prescription" definition for new technology;

 

4729-5-15 (Prescriber.) to remove redundant language and to update requirements for advanced practice nurses;

 

4729-5-24 (Prescription copy.) to permit transfer of prescription copies by pharmacy interns;

 

4729-5-30 (Manner of issuance of a prescription.) to clarify requirements for putting on the prescription the full name and address of the prescriber and the telephone number where the prescriber can be personally reached;

 

4729-5-31 (Criteria for licensure by examination.) to specify an expiration time for exami­nation applications;

 

4729-9-08 (Change in description of terminal or wholesale dangerous drug facility.) to clarify that the required fee must be submitted with a new application.

 

  1:15 p.m.

The Public Hearing closed and the Board took a brief recess prior to continuing the Board meeting.

 

  1:25 p.m.

The Board reconvened in Room East-B, 31st Floor, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio, to continue with the regular business of the Board.

 

 

Mr. Rowland announced that the following settlement agreement in the matter of Sunil Bagai had been signed by all parties and was now in effect:

 

R-2003-060

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-020716-002)

 

In The Matter Of:

 

SUNIL BAGAI

8920 Knox Avenue

Skokie, Illinois  60076

(Intern No. 06-0-01210)

 

 

This Settlement Agreement is entered into by and between Sunil Bagai 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.

 

 

Sunil Bagai enters into this Agreement being fully informed of his rights afforded under Chapter 119. of the Ohio Revised Code, including the right to representation by counsel and the right to a formal adjudication hearing on the issues contained herein.

 

 

Sunil Bagai is knowingly and voluntarily acknowledging that, in order to settle the disciplinary charges that have been filed by the Board against his and in order to obviate the need to conduct an administrative hearing to consider possible disciplinary sanctions against Sunil Bagai’s pharmacy intern license in the State of Ohio, this Agreement is entered into on the basis of the following stipulations, admissions, and understandings:

 

 

(A)

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

 

 

(B)

Sunil Bagai neither admits nor denies the allegations stated in the Notice of Opportunity for Hearing letter dated July 16, 2002; however, the Board has evidence sufficient to sustain the allegations and hereby adjudicates the same.

 

 

Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of a formal hearing at this time, Sunil Bagai knowingly and voluntarily agrees with the State Board of Pharmacy to the following:

 

 

(A)

Sunil Bagai agrees to the imposition of a monetary penalty of five hundred dollars ($500.00) 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 43266-0320.

 

 

Sunil Bagai acknowledges that he has had an opportunity to ask questions concerning the terms of this agreement and that all questions asked have been answered in a satisfactory manner.  Any action initiated by the Board based on alleged violation of this Agreement shall comply with the Administrative Procedure Act, Chapter 119. of the Ohio Revised Code.

 

 

Sunil Bagai waives any and all claims or causes of action he may have against the State of Ohio or the Board, and members, officers, employees, and/or agents of either, arising out of matters which are the subject of this Agreement. Sunil Bagai waives any rights of appeal pursuant to Chapter 119. of the Ohio Revised Code.

 

 

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

 

 

 

/s/          Sunil Bagai

 

/d/      11 - 1 - 02

 

 

 

Sunil Bagai, Respondent

 

Date of Signature

 

 

 

/s/          Daniel D. Connor

 

/d/      11 - 4 - 02

 

 

 

Daniel D. Connor, Attorney for Respondent

 

Date of Signature

 

 

 

/s/          Diane C. Adelman

 

/d/ November 4, 2002

 

 

 

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

 

Date of Signature

 

 

 

/s/          Sally Ann Steuk

 

/d/      11 - 4 - 02

 

 

 

Sally Ann Steuk, Ohio Assistant Attorney General

 

Date of Signature

 

 

 

Mr. Keeley discussed the State’s requirements for Expense Reports with the Board members.

 

 

Mr. Benedict and Mr. Keeley reported on their attendance at the meeting of the National Association of State Controlled Substance Authorities (NASCSA) held October 22-26, 2002.

 

 

The Board members then discussed two possible meeting date conflicts.  After discussion, the members decided to leave the November, 2003 meeting as it was originally scheduled.  The May, 2003, meeting time was changed due to a direct conflict with the NABP Annual Meeting.  The May, 2003, meeting will now be scheduled for May 12 and 13, 2003.

 

 

Board members and staff then discussed the recent announcement by ACPE that Canadian pharmacy school graduates between 1993 and June, 2004 have an equivalent degree to U.S. pharmacy school graduates.  The issue needing resolution was the intern­ship requirement.  After discussion, the issue was tabled until staff could obtain further information.

 

R-2003-061

Mr. Winsley then presented a request from Kaup Pharmacy (02-1283050) for an exemption to Administrative Code Rule 4729-5-10 (Pick-up station) so that prescription requests, both new and refill, could be left in locked drop boxes at a local industry for collection by a pharmacy employee on a daily basis.  After discussion, Mrs. Teater moved that the Board deny the request as it did not qualify for an exemption under the terms of the rule.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-6/­Nay-2).

 

 

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.

 

 

Mr. Keeley discussed his Legislative Report with the Board.

 

 

Mr. Keeley then discussed his Budget Report with the Board.

 

 

Mr. McMillen discussed his Licensing Report with the Board.

 

  3:15 p.m.

The Board took a brief recess.

 

  3:33 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. Turner 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.

 

  3:45 p.m.

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

 

R-2003-062

Mr. Braylock moved that, pursuant to Section 3719.121 of the Revised Code, the Board summarily suspend the license to practice pharmacy belonging to Leslie Zimmerman Kennedy, R.Ph. (03-1-17455) due to the fact that a continuation of her professional practice presents a danger of immediate and serious harm to others.  The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

 

  3:48 p.m.

The meeting was recessed until Tuesday, November 5, 2002.

 

 

tuesday, November 5, 2002

 

  9:30 a.m.

ROLL CALL

 

 

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

 

 

Diane C. Adelman, R.Ph. (President); Robert P. Giacalone, R.Ph. (Vice-President); 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-2003-063

The Board members continued the discussion about the internship requirement for Canadian pharmacy school graduates that had been tabled on Monday.  After the mem­bers were provided with further information by Mr. McMillen, Mr. Turner moved that candidates for licensure as a pharmacist who have graduated from an accredited Canadian pharmacy school between 1993 and June, 2004, be required to serve at least 1,000 hours of the 1,500-hour internship requirement in the United States.  They may request up to 500 hours credit for their Canadian experiences pursuant to paragraph (D) of Rule 4729-3-05 of the Ohio Administrative Code  The motion was seconded by Mr. Lipsyc and approved by the Board (Aye-8/Nay-0).

 

R-2003-064

Mr. Winsley then presented a request from Fresenius Medical Care (FMC) Pharmacy Services (02-1204900) for an exemption to Ohio Administrative Code (OAC) Rule 4729-5-10 (Pick-up station) so that certain prescription drugs used in dialysis could be shipped to one of 38 dialysis centers served by FMC in Ohio and listed in their letter of request.  After discussion, Mrs. Gregg moved that the Board approve the request only for epoetin alfa (Epogen) prescriptions and for the first doses of antibiotics contained in prophylaxis kits 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).

 

10:12 a.m.

The Board took a brief recess.

 

10:39 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 Bonnie Jean Dolman, R.Ph., Columbus.

 

11:52 a.m.

The hearing ended and the record was closed.  The Board 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); 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-2003-065

Following presentations by Board members and self-introductions by the candidates for licensure by reciprocity, Mrs. Gregg moved that the Board approve the following candidates for licensure.  The motion was seconded by Mr. Turner and approved by the Board (Aye-8/Nay-0).

 

ROBIN BARBOUR

03-3-25541

WEST VIRGINIA

DANA FRANCES CASPER

03-3-24594

MISSOURI

DOUGLAS TREY CRAWFORD

03-3-25538

WEST VIRGINIA

KELLEY A. CURTIS

03-3-25532

MASSACHUSETTS

TERESA LOUISE CUTHSALL

03-3-25474

PENNSYLVANIA

LAURA M. EHRENBERG

03-3-25529

PENNSYLVANIA

THUY NHU PHAN

03-3-25530

TEXAS

SHANNON LEE PRATSCHLER

03-3-25536

PENNSYLVANIA

RAJESH SINGH RAJPUT

03-3-25534

MARYLAND

LINDA MARIE RUWOLDT

03-3-25533

MICHIGAN

ROMEO OMIROS ZACHARATOS

03-3-25526

PENNSYLVANIA

LETITIA JEANNA WRIGHT

03-3-25535

MARYLAND

 

  1:44 p.m.

The Board reconvened in Room East B, 31st Floor and 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. Mohr, Wadsworth.

 

  3:17 p.m.

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

 

  3:33 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 Larry Devonne Shaffer, Jr., R.Ph., Uhrichsville.

 

  5:13 p.m.

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

 

  5:25 p.m.

The meeting resumed.  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. Braylock 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.

 

  6:15 p.m.

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

 

R-2003-066

Mr. Kost moved that the Board adopt the following Order in the matter of Bonnie Jean Dolman, R.Ph.:

 

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-020912-009)

 

In The Matter Of:

 

BONNIE JEAN DOLMAN, R.Ph.

2277 Water’s Edge Boulevard

Columbus, Ohio 43209

(R.Ph. No. 03-3-08401)

 

 

INTRODUCTION

 

THE MATTER OF BONNIE JEAN DOLMAN CAME FOR HEARING ON NOVEMBER 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.

 

 

BONNIE JEAN DOLMAN WAS REPRESENTED BY LARRY M. MALEY AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

 

SUMMARY OF EVIDENCE

State’s Witnesses

1.  William L. Padgett, Ohio State Board of Pharmacy

 

Respondent's Witnesses

1.  Bonnie Jean Dolman, R.Ph., Respondent

2.  Bill Maravy, R.Ph.

3.  Allen Risch, R.Ph.

 

 

State's Exhibits

1.  Copy of Notice Of Opportunity For Hearing letter  [09-12-02]

1A-1D.  Procedurals

2.  Copy of RX 761463  [03-17-02]

3.  Copy of Notarized Statement of Bonnie J. Dolman  [04-16-02]

4.  Complaint, State of Ohio vs. Bonnie Dolman, Fairfield County Municipal Court (Lancaster)  [05-06-02]

5.   Information, State of Ohio vs. Bonnie Dolman, Case No. 02-CR-207, Fairfield County  Common Pleas Court  [06-04-02]

6.  Entry and Community Control Sanctions, Stipulations and Agreement for Pretrial Diversion, State of Ohio vs. Bonnie Dolman, Case No. 02-CR-207, Fairfield County Common Pleas Court  [08-19-02]

7.  Risch #3 Patient Profile for Bonnie Dolman  [01-01-00 to 04-16-02]

8.  Certificate of Death for Rand D. Guleff, M.D.  [07-26-01]

 

 

Respondent's Exhibits

A.  Letter from Eileen Breckstein  [not dated]

B.  Kroger Pharmacy Patient Medical Expense Report for Eileen Breckstein  [10-29-02]

C.  Statement from Bonnie J. Dolman  [not dated]

D.  Letter from Prashant K. Patel, M.D.  [11-01-02]

 

 

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 Bonnie Jean Dolman was originally licensed by the State of Ohio as a pharmacist on August 16, 1965, pursuant to examination, and is currently licensed to practice pharmacy in Ohio.

 

 

(2)  Bonnie Jean Dolman did, on or about March 17, 2002, knowingly sell a controlled substance when such conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Bonnie Jean Dolman sold 100 unit doses of hydrocodone 5 mg with acetaminophen 500 mg to her sister without a prescription.  Such conduct is in violation of Section 2925.03(A) of the Ohio Revised Code.

 

 

(3)  Bonnie Jean Dolman did, on or about March 17, 2002, intentionally create and/or knowingly possess a false or forged prescription, to wit: Bonnie Jean Dolman created prescription #761463 and maintained it on file when it had not been authorized by a prescriber.  Such conduct is in violation of Section 2925.23(B) of the Ohio Revised Code.

 

 

(4)  Bonnie Jean Dolman did, on or about April 2, 2002, intentionally create and/or knowingly possess a false or forged prescription, to wit: Bonnie Jean Dolman created prescription #763452 and maintained it on file as a computerized record when it had not been authorized by a prescriber.  The prescription for Zoloft was created for herself, after her physician had died.  Such conduct is in violation of Section 2925.23(B) of the Ohio Revised Code.

 

 

CONCLUSIONS OF LAW

 

(1)  The State Board of Pharmacy concludes that paragraphs (2) through (4) of the Find­ings of Fact constitute being guilty of gross immorality as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code.

 

 

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

 

 

(3)  The State Board of Pharmacy concludes that paragraphs (2) through (4) 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 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 Bonnie Jean Dolman:

 

 

(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. 03-3-08401, held by Bonnie Jean Dolman effective as of the date of the mailing of this Order.  Further, the Board suspends the suspension and places her identification card on probation for 12 months.

 

 

(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 on Bonnie Jean Dolman a monetary penalty of five hundred dollars ($500.00) 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)  The terms of probation are as follows:

 

 

(1)  Bonnie Jean Dolman must obtain, within one year from the effective date of this Order, 0.3 CEUs (three hours) of continuing pharmacy educa­tion in Board-approved jurisprudence above that required for renewal.  If proof of completion is not submitted to the Board office before the end of her probation period, Bonnie Jean Dolman's pharmacist identification card will be suspended until this condition is achieved.

 

 

(2)  The State Board of Pharmacy hereby declares that Bonnie Jean Dolman'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.

 

 

(3)  Bonnie Jean Dolman may not serve as a responsible pharmacist.

 

 

(4)  Bonnie Jean Dolman may not dispense prescriptions for herself or for any member of her family.

 

 

(5)  Bonnie Jean Dolman must not violate the drug laws of the state of Ohio, any other state, or the federal government.

 

 

(6)  Bonnie Jean Dolman must abide by the rules of the State Board of Pharmacy.

 

 

(7)  Bonnie Jean Dolman must comply with the terms of this Order.

 

 

Bonnie Jean Dolman 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-6/Nay-2).

 

R-2003-067

Mr. Lipsyc moved that the Board adopt the following Order in the matter of Charles R. Mohr:

 

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-020429-051)

 

In The Matter Of:

 

CHARLES R. MOHR

6526 Burdett Road

Wadsworth, Ohio 44281

(D.O.B. 02/02/1957)

 

 

INTRODUCTION

 

THE MATTER OF CHARLES R. MOHR CAME FOR HEARING ON NOVEMBER 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. MOHR WAS REPRESENTED BY TIMOTHY H. CHAMPION AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

 

SUMMARY OF EVIDENCE

State’s Witnesses

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

 

Respondent's Witnesses

1.  Kim Snodgrass

2.  Charles R. Mohr, Respondent

 

 

State's Exhibits

1.  Copy of Proposal to Deny/Notice of Opportunity for Hearing  [04-29-02]

1A-1E.  Procedurals

1F. 

2.  Copy of State Board of Pharmacy Order in re Charles R. Mohr  [05-04-00]

3.  Copy of State Board of Pharmacy Order in re Charles R. Mohr  [10-08-97]

4.  Copy of State Board of Pharmacy Order in re Charles R. Mohr, R.Ph.  [08-15-94]

5.  Akron General Medical Center Discharge Summary re Charles Mohr  [05-08-93]

6.

7. 

8. 

9.  Notarized Statement of Rebecca Infantino, R.Ph.  [09-02-93]

10.  Notarized Statement of Donald Gale, R.Ph.  [09-02-93]

 

 

Respondent's Exhibits

A.  PRO Inc. Pharmacist’s Recovery Contract for Charles R. Mohr  [05-30-02]

B.  Drug Screen Collection Procedure; Drug Screen Reports  [02-22-00 to 06-18-02]

C.  Support Group Attendance Records  [05-03-00 to 11-01-02]

D.  Five Letters of Support  [01-31-02 to 10-17-02]; Earnings Statement for Charles R. Mohr  [09-30-02]; Letter from David J. Abbott  [11-04-02]; Letter from Michael D. Quigley, R.Ph.  [11-04-02]

E.  Continuing Pharmaceutical Education Certificates  [05-16-99 to 04-29-01]

 

 

DECISION OF THE BOARD

 

Pursuant to Sections 4729.08 and 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. Mohr:

 

 

(A)  The State Board of Pharmacy hereby approves the issuance of a pharmacist identifica­tion card to Charles R. Mohr to practice pharmacy in Ohio and, therefore, accepts the Application For Examination As A Pharmacist submitted by Charles R. Mohr.

 

 

(B)  The State Board of Pharmacy hereby places Charles R. Mohr on probation for five years from the effective date of this Order, with the following conditions:

 

 

(1)  Charles R. Mohr must, before completing the licensure examination, work in a pharmacy for a minimum of 500 hours under the direct super­vision of a pharmacist whose license is in good standing

 

 

(2)  Charles R. Mohr 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.  The contract must provide that:

 

 

(a)  Random, observed urine drug screens shall be conducted each month for the first twelve months and then at least once every three months for the remaining four years.

 

 

(i)  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.

 

 

(ii)  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.

 

 

(iii)  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 the contract and probation.

 

 

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

 

 

(b)  The intervener/sponsor shall provide copies of all drug and alcohol screen reports to the Board in a timely fashion.

 

 

(c)  Attendance is required a minimum of three times per week at an Alcoholics Anonymous, Narcotics Anonymous, and/or similar support group meeting.

 

 

(d)  The program shall immediately report to the Board any viola­tions of the contract and/or lack of cooperation.

 

 

(3)  Charles R. Mohr 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:

 

 

(a)  The written report and documentation provided by the treat­ment program pursuant to the contract, and

 

 

(b)  A written description of Mr. Mohr's progress towards recovery and what he has been doing during the previous three months.

 

 

(4)  Other terms of probation are as follows:

 

 

(a) The State Board of Pharmacy hereby declares that Charles R. Mohr's pharmacist identification card is not in good standing and thereby denies the privilege of being a preceptor and training pharmacy interns pursuant to paragraph (D)(1) of Rule 4729-3-01 of the Ohio Administrative Code.

 

 

(b)  Charles R. Mohr may not serve as a responsible pharmacist.

 

 

(c)  Charles R. Mohr may not destroy, assist in, or witness the destruc­tion of controlled substances.

 

 

(d)  Charles R. Mohr must abide by the contract from the treatment provider and any violation must be reported to the Board immedi­ately.

 

 

(e)  Charles R. Mohr must not violate the drug laws of Ohio, any other state, or the federal government.

 

 

(f)  Charles R. Mohr must abide by the rules of the State Board of Phar­macy.

 

 

(g)  Charles R. Mohr must comply with the terms of this Order.

 

 

(5)  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.

 

 

Charles R. Mohr 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-7/Nay-0/Abstain-1[Turner]).

 

R-2003-068

Mr. Braylock moved that the Board adopt the following Order in the matter of Larry Devonne Shaffer, Jr., R.Ph.:

 

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-020514-055)

 

In The Matter Of:

 

LARRY DEVONNE SHAFFER, JR., R.Ph.

312 Walnut Street

Uhrichsville, Ohio 44683

(R.Ph. No. 03-2-17555)

 

 

INTRODUCTION

 

THE MATTER OF LARRY DEVONNE SHAFFER, JR., CAME FOR HEARING ON NOVEMBER 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.

 

 

LARRY DEVONNE SHAFFER, JR., WAS REPRESENTED BY ELIZABETH Y. COLLIS AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

 

SUMMARY OF EVIDENCE

State’s Witnesses

1.  David G. Gallagher, Ohio State Board of Pharmacy

 

Respondent's Witnesses

1.  Kent Douglas Potts, R.Ph.

2.  Larry Devonne Shaffer, Jr., R.Ph., Respondent

 

 

State's Exhibits

1.  Copy of Notice of Opportunity for Hearing letter  [05-14-02]

1A-1D.  Procedurals.

2.  Copy of State Board of Pharmacy Order in re Larry Devonne Shaffer, Jr., R.Ph  [05-18-01]

3.  Copy of State Board of Pharmacy Order in re Larry Devonne Shaffer, Jr., R.Ph  [01-13-00]

4.  Copy of State Board of Pharmacy Order in re Larry Devonne Shaffer, Jr., R.Ph  [04-13-98]

5.  Copy of State Board of Pharmacy Order in re Larry Devonne Shaffer, Jr., R.Ph  [10-29-96]

6.  Copy of State Board of Pharmacy Order in re Larry Devonne Shaffer, Jr., R.Ph  [06-30-95]

7.  Copy of Indictment  [10-11-94] and Journal Entry  [03-29-95], State of Ohio vs. Larry Shaffer, Case No. 94-CR-189, Wayne County Common Pleas Court

8.  Copy of Consent Order in re Larry D. Shaffer, Virginia Board of Pharmacy  [08-16-93]

9.  Copy of Renewal Application for Pharmacist License To Practice from 09/15/01 to 09/15/02  [01-04-02]

10.  Statement by Larry D. Shaffer  [01-03-02]

11.  Rx #C853850 - Lorazepam 0.5 mg  [12-26-01]

12.  Rx #C853872 - Hydrocodone/APAP 10/650 mg  [12-26-01]

13.  Rx #C853896 - Guaifenesin w/Codeine  [12-26-01]

14.  Rx #C853975 - Alprazolam 1 mg  [12-27-01]

15.  Rx #C853990 - Hydrocodone/APAP 5/500 mg  [12-27-01]

16.  Rx #854416 - Lactulose 10 gm/15 ml  [01-03-02]

17.  Rx #C854418 - Histinex HC  [01-03-02]

18.  Rx #C853972 - Tussionex Pennkinetic Susp.  [12-27-01]

19.  Rx #853973 - Diflucan 150 mg  [12-27-01]

20.  Rx #N853856 - Duragesic 75 mcg/hr  [12-26-01]

 

 

Respondent's Exhibits

A.  Letter from Doug Potts, R.Ph.  [10-24-02]

B.  Letter from Marie Savini, R.Ph.  [10-22-02]

C.  Letter from Nancy A. Shaffer  [10-19-02]

D.  Letter from Al Moses, R.Ph.  [10-15-02]

E.  Letter from Rev. Charles McNatt  [09-30-02]

F.  Letter from Mary Boney, R.Ph.  [09-17-02]

G.  Letter from Nancy Dugan  [09-16-02]

H.  PRO Inc. Pharmacist’s Recover Contract for Larry Shaffer  [06-30-01]

 I.  Support Group Attendance Records  [07-02-01 to 10-29-02]

 J.  Drug Screen Reports  [06-18-01 to 08-22-02]

K.  Letter from Mary Spain, LSW, LPC  [08-21-96]

L.  Letter from Gregory M. Weber, M.D.  [03-23-01]

 

 

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 Larry Devonne Shaffer was originally licensed by the State of Ohio as a pharmacist on October 31, 1988, pursuant to examination, and is currently licensed to practice pharmacy in Ohio.  Records fur­ther reflect that Larry Devonne Shaffer was previously disciplined by the Board on June 30, 1995, October 29, 1996, April 13, 1998,  January 13, 2000, and May 18, 2001.

 

 

(2)  Larry Devonne Shaffer did, from September 15,  2001, to January 3, 2002, while not a pharmacist as defined in Rule 4729-5-01(G) of the Ohio Administrative Code, or a pharmacy intern, sell dangerous drugs or otherwise engage in the practice of pharmacy, to wit: after Larry Devonne Shaffer’s license to practice pharmacy had lapsed, and prior to its renewal, Larry Devonne Shaffer dispensed medications at CVS/pharmacy #3316.  Such conduct is in violation of Section 4729.28 of the Ohio Revised Code.

 

 

(3)  Larry Devonne Shaffer did, from September 15, 2001, to January 3, 2002, while employed at CVS/pharmacy #3316, violate terms of his probation, to wit: by committing the violations as stated in paragraph (2) of the Findings of Fact, Larry Devonne Shaffer violated the terms of his probation as stated in the Order of the State Board of Pharmacy, Docket  No. D-001222-033, dated May 18, 2001.

 

 

CONCLUSIONS OF LAW

 

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

 

 

(2)  The State Board of Pharmacy concludes that 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 hereby imposes a monetary penalty of one hundred dollars ($100.00) on Larry Devonne Shaffer 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.

 

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

MOTION CARRIED.

SO ORDERED.

 

 

The motion was seconded by Mr. Lipsyc and approved by the Board (Aye-7/Nay-1).

 

  6:35 p.m.

The meeting was recessed until Wednesday, November 6, 2002.

 

 

wednesday, November 6, 2002

 

  9:30 a.m.

ROLL CALL

 

 

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

 

 

Diane C. Adelman, R.Ph. (President); Robert P. Giacalone, R.Ph. (Vice-President); 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.

 

  9:42 a.m.

After a discussion of the draft minutes, Mrs. Gregg moved that the minutes of the October 15 & 16, 2002 meeting be approved as amended.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

 

R-2003-069

Mr. Rowland presented a request received that morning via facsimile for a continuance in the matter of Melanie A. Beckemeyer, R.Ph.  After discussion, Mrs. Gregg moved that the request be denied.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).  The Board recessed until time for the hearing to begin.

 

10:32 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 Melanie A. Beckemeyer, R.Ph., West Chester.

 

10:47 a.m.

The hearing ended and the record was closed.  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. 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.

 

11:35 a.m.

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

 

R-2003-070

Mrs. Gregg moved that the Board adopt the following Order in the matter of Melanie A. Beckemeyer, R.Ph.:

 

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-020503-053)

 

In The Matter Of:

 

MELANIE A. BECKEMEYER, R.Ph.

P.O. Box 636

West Chester, Ohio 45069

(R.Ph. No. 03-2-18118)

 

 

INTRODUCTION

 

THE MATTER OF MELANIE A. BECKEMEYER CAME FOR HEARING ON NOVEMBER 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.

 

 

MELANIE A. BECKEMEYER WAS REPRESENTED BY LAWRENCE T. BENNETT AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

 

SUMMARY OF EVIDENCE

State’s Witnesses

None

 

Respondent's Witnesses

None

 

 

State's Exhibits

1.  Reinstatement Hearing Request letter from Lawrence T. Bennett  [04-25-02]

1A-1F.  Procedurals

2.  Copy of State Board of Pharmacy Order in re Melanie A. Beckemeyer  [10-30-95]

3.  Arrest and Investigation Report, No. 95AN713, Springdale Police Department  [04-25-95]

4.  Indictment, State of Ohio vs. Melanie Beckemeyer, Case No. B954454, Hamilton County Common Pleas Court  [05-30-95]; Entry Finding Defendant Eligible for Treatment in Lieu of Conviction, Staying Proceedings, and Ordering Period of Rehabilitation  [07-19-95]; Entry Terminating Period of Rehabilitation and Dismissing Indictment  [11-14-96]

5.  Rx 4045295  [04-25-95]

6.  Statement of Robert Chait, M.D.  [08-15-95]

7.  Report of Specialist George Rudemiller, Cincinnati Police Department  [04-26-95]

8.  Findings of Fact and Order, State of Indiana v. Melanie A. Beckemeyer, before the Indiana State Board of Pharmacy  [07-26-96]

9.  Letter from Mary Ellen McCabe, Esq., Assistant Director of Health (Legal Services), Rhode Island Department of Health  [09-15-95]

10.  Checks/Refunds Search Report for Melanie Beckemeyer  [11-06-2002]

 

 

Respondent's Exhibits

A.  Copy of Fax Transmittal Sheet from Larry Bennett  [11-06-02]; Copy of letter from Lawrence T. Bennett  [11-06-02]; Copy of fax cover sheet from Bethesda Care Sharonville  [11-05-02]; Copy of fax transmittal from Melanie Beckemeyer to Bethesda Care  [11-04-02]; Drug Screen Reports  [04-10-02 to 10-23-02]; Six Letters of Support  [11-03-02 to 11-04-02].

 

 

FINDING OF FACT

 

After having heard the testimony, considered the evidence, and weighed the credibility of each, the State Board of Pharmacy finds that Melanie A. Beckemeyer has not complied with the terms set forth in the Order of the State Board of Pharmacy, Docket No. D-950427-049, effective October 30, 1995.

 

 

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 denies the reinstatement petition of Melanie A. Beckemeyer.  Pursuant to Rule 4729-9-01(F) of the Ohio Administrative Code, Melanie A. Beckemeyer may not be employed by or work in a facility licensed by the State Board of Pharmacy to possess or distribute dangerous drugs during suspension.

 

 

Further, the Board will consider any petition presented by Melanie A. Beckemeyer 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 are met:

 

 

(A)  Melanie A. Beckemeyer must provide documentation of continuous compliance with the Board's October 30, 1995 Order.

 

 

(B)  Melanie A. Beckemeyer must demonstrate satisfactory proof that she is no longer addicted to or abusing liquor or drugs or impaired physically or mentally to such a degree as to render her unfit to practice pharmacy. 

 

 

(C)   Melanie A. Beckemeyer must, since reinstatement was not accomplished within three years of the effective date of the Order of the State Board of Pharmacy, Docket No. D-950427-049, effective October 30, 1995, take and pass both the North American Pharmacist Licensure Examination (NAPLEX) or an equivalent examination approved by the Board, and the Multistate Pharmacy Jurisprudence Examination (MPJE), 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).

 

11:40 a.m.

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

 

PER DIEM

10/04-06

11/04

11/05

11/06

Total

Adelman

3

1

1

1

6

Braylock

-

1

1

1

3

Eastman

-

1

1

1

3

Giacalone

-

1

1

1

3

Gregg

-

1

1

1

3

Lipsyc

-

1

1

1

3

Kost

-

1

1

1

3

Teater

-

1

1

1

3

Turner

-

1

1

1

3

 

 

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

 

11:42 a.m.

Mrs. Gregg moved that the meeting be adjourned.  The motion was seconded by Mr. Kost and approved (Aye-8/Nay-0).

 

 

THE BOARD APPROVED THESE MINUTES

DECEMBER 3, 2002