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

December 2, 3, 4, 2002

 

MONDAY, DECEMBER 2, 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.; 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; Robert Cole, Compliance Supervisor; David Rowland, Legal Affairs Administrator; and Sally Ann Steuk, Assistant Attorney General.

10:05 a.m.

 

 

Ms. Eastman moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code 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, Eastman-Yes, Giacalone-Yes, Gregg-Yes, Kost-Yes, Lipsyc-Yes, and Turner-Yes.

11:28 a.m.

 

 

The Executive Session ended and the meeting was opened to the public.  The Board recessed for lunch.

  1:00 p.m.

 

 

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.

  1:08 p.m.

 

 

The Board received a request from Pharmacists Rehabilitation Organization (PRO), repre­sented by Michael Quigley, to accept a different method of documentation of the respon­dent’s mandated random urine screens at reinstatement hearings.  In addition, PRO requested that the Board consider changing the language in the Board orders for the tim­ing of the urine screens.  These items were taken under advisement by the Board to be considered in greater detail at a later time.

  1:12 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 David W. White, R.Ph., Cincinnati.

  2:30 p.m.

 

 

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

  2:50 p.m.

 

R-2003-071

The Executive Session ended and the meeting was opened to the public.  Mr. Braylock moved that the hearing be continued until 2:00 p.m. on December 3, 2002 to allow Mr. White to produce additional documentation.  The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).  The Board took a brief recess.

  3:02 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 Thomas Allen Oswald, R.Ph., Wadsworth.

  4:05 p.m.

 

 

The hearing ended and the record was closed.

  4:10 p.m.

 

 

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

  4:15 p.m.

 

R-2003-072

The Executive Session ended and the meeting was opened to the public.  Ms. Eastman moved that the Board adopt the following Order in the matter of Thomas Allen Oswald, R.Ph.:

 

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-020710-001)

 

In The Matter Of:

 

THOMAS ALLEN OSWALD, R.Ph.

486 Tulip Trail

Wadsworth, Ohio 44281

(R.Ph. No. 03-2-23749)

 

 

INTRODUCTION

 

THE MATTER OF THOMAS ALLEN OSWALD CAME FOR HEARING ON DECEMBER 2, 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.

 

 

THOMAS ALLEN OSWALD WAS NOT REPRESENTED BY COUNSEL AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

 

SUMMARY OF EVIDENCE

State’s Witnesses

None

 

Respondent's Witnesses

1.  Donald F. Gale

2.  Chris Holzman

3.  Thomas Allen Oswald, R.Ph., Respondent

 

 

State's Exhibits

1.  Reinstatement Hearing Request letter from Thomas A. Oswald  [07-10-02]

1A-1B.  Procedurals

2.  Copy of State Board of Pharmacy Order in re Thomas Allen Oswald  [02-12-01]

2A.  Copy of Notarized  Statement of Thomas Allen Oswald  [11-06-00]

3.  Summary Audit Report for Marinol 2.5 mg and Marinol 5 mg  [11-06-00]

4.  Handwritten Purchase Summary Report for Marinol 2.5 mg and Marinol 5 mg  [06-25-99 to 08-29-00]

5.  Secret Bill of Information, State of Ohio vs. Thomas A. Oswald, CR. Case No. 2001-03-0680 Summit County Common Pleas Court  [03-26-01]

6.   Journal Entry, State of Ohio vs. Thomas A. Oswald, Case No. CR 01-03-0680, Summit County Common Pleas Court  [05-21-01]

 

 

Respondent's Exhibits

A.  PRO Pharmacist’s Recovery Contract for Thomas A. Oswald  [03-19-01]

B.  Drug Screen Reports  [12-28-00 to 11-01-02]

C.  Support Group Attendance Records  [11-05-00 to 11-29-02], Calendar pages for November 2000 to November 2002

D.  Continuing Pharmaceutical Education Certificates  [04-26-00 to 08-31-02]

E.  Copy of Restitution Check No. 773 to Health Rays Pharmacy  [01-04-01]

F.  Letter from Paul Lindenmuth B.A. CCDC III-E  [02-20-02]

G.  Seven Letters of Support  [02-14-02 to 11-21-02]

 

 

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 Thomas Allen Oswald has complied with the terms set forth in the Order of the State Board of Pharmacy, Docket No. D-001108-023, effective February 12, 2001.

 

 

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. 03-2-23749, held by Thomas Allen Oswald to practice pharmacy in Ohio and places Thomas Allen Oswald on probation for five years from the date of the mailing of this Order, with the following conditions:

 

 

(A)  Thomas Allen Oswald 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 at least once a month for the first twelve months and then at least 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)  Marinol must be added to the standard urine drug screen.

 

 

(c)  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.

 

 

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

 

 

(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)  Thomas Allen Oswald 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 Thomas Allen Oswald 's progress towards recovery and what he has been doing during the previous three months.

 

 

(C)  Other terms of probation are as follows:

 

 

(1) The State Board of Pharmacy hereby declares that Thomas Allen Oswald'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)  Thomas Allen Oswald  may not serve as a responsible pharmacist.

 

 

(3)  Thomas Allen Oswald may not destroy, assist in, or witness the destruc­tion of controlled substances.

 

 

(4)  Thomas Allen Oswald must abide by the contract with his treatment pro­vider and must immediately report any violation of the contract to the Board.

 

 

(5)  Thomas Allen Oswald must not violate the drug laws of Ohio, any other state, or the federal government.

 

 

(6)  Thomas Allen Oswald must abide by the rules of the State Board of Phar­macy.

 

 

(7)  Thomas Allen Oswald 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.

 

 

Thomas Allen Oswald 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 Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

  4:16 p.m.

 

 

The meeting was recessed until Tuesday, December 3, 2002.

 

 

tuesday, december 3, 2002

 

  8:50 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.

 

 

Mr. Winsley distributed a copy of the Exam Report that would be given to the Deans of the Ohio Colleges of Pharmacy at the meeting on Wednesday.

 

 

After discussing the draft minutes, Mr. Giacalone moved that the minutes of the November 4, 5, 6, 2002 meeting be approved as amended.  The motion was seconded by Mrs. Teater and approved by the Board (Aye-8/Nay-0).

  8:59 a.m.

 

 

The Board took a brief recess.

  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 Michael L. Lacy, R.Ph., Westerville.

12:00 p.m.

 

 

The hearing was recessed until after lunch and the Reciprocity Hearing at 1:30 p.m.

  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-2003-073

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

 

 

HILDEGARDE JOSEPHINE BERDINE

JOSHUA CABALLERO

KAREN BENSON DOLPH

CYNTHIA ELAINE GALLAGHER

KIMBERLY ELAINE LATHAM-YETZER

ANITA M. MURPHY

MICHAEL OWUSU NTI

SURENDRA R. PATEL

WAYNE ROBERT RONGO

CARRIE ANN TONKOVICH

JOSEPH ANTHONY WITTROCK

03-3-25552

03-3-25542

03-3-25480

03-3-25546

03-3-25554

03-3-25544

03-3-25543

03-3-25531

03-3-25537

03-3-25528

03-3-25551

NEW YORK

TENNESSEE

GEORGIA

KENTUCKY

IDAHO

KENTUCKY

NEW YORK

ILLINOIS

INDIANA

ALASKA

KENTUCKY

  1:55 p.m.

 

 

The Board reconvened in Room East-B, 31st Floor and the hearing in the matter of Michael L. Lacy, R.Ph. resumed.

  3:20 p.m.

 

 

The hearing ended and the record was closed.

  3:21 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. Giacalone and a roll call vote was conducted by President Adelman as follows: Braylock-Yes, Eastman-Yes, Giacalone-Yes, Gregg-Yes, Kost-Yes, Lipsyc-Yes, Teater-Yes, and Turner-Yes.

  3:55 p.m.

 

R-2003-074

The Executive Session ended and the meeting was opened to the public.  Mr. Turner moved that the Board adopt the following Order in the matter of Michael L. Lacy, R.Ph.:

 

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-010913-008)

 

In The Matter Of:

 

MICHAEL LEE LACY, R.Ph.

137 Ravines Way

Westerville, Ohio 43082

(R.Ph. No. 03-1-20851)

 

 

INTRODUCTION

 

THE MATTER OF MICHAEL LEE LACY CAME FOR HEARING ON DECEMBER 3, 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.

 

 

MICHAEL LEE LACY 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.  Christopher K. Reed, Ohio State Board of Pharmacy

2.  Michael Cluxton, Ohio State Board of Pharmacy

3.  John Ahler

 

Respondent's Witnesses

1.  Michael Lacy, R.Ph., Respondent

 

 

State's Exhibits

1. Copy of Notice of Opportunity For Hearing  [09-13-01]

1A-1C.  Procedurals

1D. Copy of Summary Suspension Order/Notice of Opportunity For Hearing  [12-05-01]

1E-1I.  Procedurals

1J.  Copy of Addendum Notice  [07-30-02]

1K-M.  Procedurals

2.   Copy of Notarized Statement of Michael L. Lacy  [10-17-00]

3.   Notarized Statement of Michael L. Lacy  [12-13-00]

4.  Indictment, State of Ohio vs. Michael L. Lacy, Case No. 01CR 11-6790, Franklin County Common Pleas Court  [11-21-01]

5.  Entry of Guilty Plea, State of Ohio vs. Michael Lacy, Case No. 01CR-6790, Franklin County Common Pleas Court  [07-03-02]

6.  Judgment Entry, State of Ohio vs. Michael L. Lacy, Case No. 01CR-11-6790, Franklin County Common Pleas Court  [08-27-02]

7.  Notarized Statement of Michael L. Lacy  [11-21-01]

8.  Copy of McKessonHBOC Invoice No. 1641608149  [05-29-01]

9.  Copy of McKessonHBOC Invoice No. 1640562171  [06-20-01]

 

10.  Copy of McKessonHBOC Invoice No. 1640595229  [08-17-01]

11.  Copy of McKessonHBOC Invoice No. 1640467250  [09-07-01]

12.  Indictment, State of Ohio vs. Michael Lacy, Case No. CR02-01-0050, Butler County Common Pleas Court  [01-16-02]

13.  Plea of Guilty and Jury Waiver, State of Ohio vs. Michael L. Lacy, Case No. CR02-01-0050, Butler County Common Pleas Court  [06-13-02]

14.  Judgment of Conviction, State of Ohio vs. Michael L. Lacy, Case No. CR02-01-0050, Butler County Common Pleas Court  [08-02-02]

 

 

Respondent's Exhibits

A.  Judgment Entry of Judicial Release, State of Ohio vs. Michael Lacy, Case No. CR02-01-0050, Butler County Common Pleas Court  [10-31-02]

B.  Amended Judgment Entry of Judicial Release, State of Ohio vs. Michael Lacy, Case No. CR02-01-0050, Butler County Common Pleas Court  [11-12-02]

 

 

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 Michael Lee Lacy was origi­nally licensed by the State of Ohio as a pharmacist on February 22, 1995, pursuant to examination, and that his license to practice pharmacy in the state of Ohio was summarily suspended effective December 5, 2001.  Records further reflect during the relevant time periods stated herein, Michael Lee Lacy was the Responsible Phar­macist at CVS/pharmacy #6160 pursuant to Sections 4729.27 and 4729.55 of the Ohio Revised Code and Rule 4729-5-11 of the Ohio Administrative Code.

 

 

(2)  Michael Lee Lacy did, from May 20, 2000, through September 7, 2000, with pur­pose to deprive, knowingly obtain or exert control over the property of CVS/phar­macy #6160 by deception, to wit: Michael Lee Lacy admittedly stole $12,532.08 in cash from his employer by voiding sales receipts and taking the cash from the reg­ister at the end of the workday.  Such conduct violates Section 2913.02 of the Ohio Revised Code.

 

 

(3)  Michael Lee Lacy is addicted to liquor or drugs or impaired physically or men­tally to such a degree as to render him unfit to practice pharmacy, to wit: Michael Lee Lacy admitted to an agent of the Ohio Board of Pharmacy that he is addicted to ketamine, and Michael Lee Lacy admitted to stealing drugs while practicing phar­macy.  Such conduct indicates that Michael Lee Lacy falls within the ambit of Sec­tions 3719.121(A), 3719.121(B), and 4729.16(A)(3) of the Ohio Revised Code.

 

 

(4)  Michael Lee Lacy did, on or about November 21, 2001, knowingly possess or use a controlled substance when not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Michael Lee Lacy admitted to an agent of the Ohio Board of Pharmacy that he stole 8 vials of ketamine, a Schedule III con­trolled substance, gave the vials to a friend who cooked down the drug, and then Michael Lee Lacy snorted the drug with the friend.  Such conduct violates Section 2925.11 of the Ohio Revised Code.

 

 

(5)  Michael Lee Lacy did, on or about November 2001, knowingly sell a controlled substance in an amount less than the bulk amount when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: without a prescription and without a legitimate medical purpose, Michael Lee Lacy admitted to an agent of the Ohio Board of Pharmacy that he sold three vials of keta­mine, a Schedule III controlled substance.  Such conduct violates Section 2925.03 of the Ohio Revised Code.

 

 

(6)  Michael Lee Lacy did, on or about the following dates, while employed as a phar­macist at Target Pharmacy, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Target Pharmacy, beyond the express or implied consent of the owner, to wit: Michael Lee Lacy has admittedly ordered and stolen the following drugs:

 

Date

 

Drug Name

 

Quantity

05/29/01

05/29/01

05/29/01

08/17/01

08/17/01

08/17/01

09/07/01

09/07/01

 

Ketalar

ketamine

ketamine

ketamine

ketamine

ketamine

ketamine

ketamine

 

20 vials

20 vials

30 vials

40 vials

20 vials

40 vials

20 vials

100 vials

 

 

Such conduct violates Section 2913.02 of the Ohio Revised Code

 

 

(7)  On June 13, 2002, Michael Lee Lacy pled guilty to three counts of Theft of Drugs, felonies of the fourth degree under Section 2913.02 of the Ohio Revised Code, and to one count of Possession of Drugs, a felony of the fourth degree under Section 2925.11 of the Ohio Revised Code.  State of Ohio vs. Michael Lacy, Case No. CR02-01-0050, Butler County Common Pleas Court.

 

 

(8)  On or about July 1, 2002, Michael Lee Lacy pled guilty to one count of Theft, a felony of the fifth degree under Section 2913.02 of the Ohio Revised Code.  State of Ohio vs. Michael Lacy, Case No. 01CR-6790, Franklin County Common Pleas Court.

 

 

CONCLUSIONS OF LAW

 

 

(1)  The State Board of Pharmacy concludes that paragraphs (2), and (4) 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 (2), and (4) through (8) of the Findings of Fact constitute being guilty of dishonesty and unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code.

 

 

(3)  The State Board of Pharmacy concludes that paragraph (3) of the Findings of Fact constitutes being addicted to or abusing liquor or drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy as provided in Division (A)(3) of Section 4729.16 of the Ohio Revised Code.

 

 

(4)  The State Board of Pharmacy concludes that paragraphs (4), (5), and (7) of the Find­ings of Fact constitute being guilty of willfully violating, conspiring to violate, attempt­ing to violate, or aiding and abetting the violation of provisions of Chapters 2925. and 3719. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

 

 

DECISION OF THE BOARD

 

Pursuant to Section 3719.121 of the Ohio Revised Code, the State Board of Pharmacy hereby removes the Summary Suspension Order issued to Michael Lee Lacy on December 5, 2001.

 

 

Pursuant to Section 4729.16 of the Ohio Revised Code, and after consideration of the record as a whole, the State Board of Pharmacy takes the following actions in the matter of Michael Lee Lacy:

 

 

(A)  On the basis of the Findings of Fact and paragraph (1) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes the pharmacist identifi­cation card, No. 03-1-20851, held by Michael Lee Lacy effective as of the date of the mailing of this Order.

 

 

(B)  On the basis of the Findings of Fact and paragraph (2) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes the pharmacist identifi­cation card, No. 03-1-20851, held by Michael Lee Lacy effective as of the date of the mailing of this Order.

 

 

(C)  On the basis of the Findings of Fact and paragraph (3) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes the pharmacist identifi­cation card, No. 03-1-20851, held by Michael Lee Lacy effective as of the date of the mailing of this Order.

 

 

(D)  On the basis of the Findings of Fact and paragraph (4) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes the pharmacist identifi­cation card, No. 03-1-20851, held by Michael Lee Lacy effective as of the date of the mailing of this Order.

 

 

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

 

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

MOTION CARRIED.

SO ORDERED.

 

 

The motion was seconded by Mr. Kost and approved by the Board (Aye-5/Nay-3).  The Board took a brief recess.

  4:05 p.m.

 

 

Mr. Kost left the meeting for personal reasons.  The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of continuing the adjudication hearing in the matter of David W. White, R.Ph., Cincinnati.

  4:54 p.m.

 

 

The hearing ended and the record was closed.

  5:05 p.m.

 

 

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

  5:35 p.m.

 

R-2003-075

The Executive Session ended and the meeting was opened to the public.  Mr. Giacalone moved that the Board adopt the following Order in the matter of David W. White, R.Ph.:

 

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-020619-064)

 

In The Matter Of:

 

DAVID W. WHITE, R.Ph.

431 Southview

Cincinnati, Ohio 45219

(R.Ph. No. 03-1-20502)

 

 

INTRODUCTION

 

THE MATTER OF DAVID W. WHITE CAME FOR HEARING ON DECEMBER 2 and 3, 2002, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: DIANE C. ADELMAN, R.Ph. (presiding); GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; ELIZABETH I. GREGG, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

 

 

DAVID W. WHITE WAS REPRESENTED BY ERIC J. PLINKE AND THE STATE OF OHIO WAS REPRE­SENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

 

SUMMARY OF EVIDENCE

State’s Witnesses

None

 

Respondent's Witnesses

1.  David W. White, R.Ph.

2.  Michael D. Quigley

 

 

State's Exhibits

1.  Reinstatement Hearing Request letter from David White  [06-12-02]

1A-1C.  Procedurals

2.  Copy of Notarized Statement of David W. White  [01/10/01]

2A.  Copy of CVS/Revco #6126 Pharmacist’s Statement of David White  [01-01-00 to 01-30-01]

3.  Copy of handwritten prescription with notes; Copy of Kroger Pharmacy Log Sheet for Store #327 dated 10/21  [10/07/00 to 10-21-00]

4.  Copy of Notarized Statement of James B. Raasch  [01/24/01]

5.  Indictment and Request for a Warrant,  State of Ohio vs. David White, Case No. B0100337, Hamilton County Common Pleas Court  [01/23/01]

6.  Entry Withdrawing Plea of Not Guilty and Entering a Plea of Guilty, State of Ohio vs. David White, Case No. B0100337, Hamilton County Common Pleas Court  [03-13-01]

7.  Drug Court Judgement Entry/Intervention in Lieu of Conviction, State of Ohio vs. David White, Case No. B0100337, Hamilton County Common Pleas Court [03/29/01]

8.  Copy of State Board of Pharmacy Order in re David W. White  [11/07/01]

9.  Assessment Results letter from Michael A. Gureasko, M.D.  [12-06-01]

 

 

Respondent's Exhibits

A.  Copy of State Board of Pharmacy Order in re David W. White  [11-07-01]

B.  Copy of letter from Harris Cohen, MSW, LSW, RC  [09-14-01], copy of page three of three-page letter from Michael A. Gureasko, M.D.  [12-06-01], and copy of letter from Deborah Eckert MSW, LSW, CCDC III and Frederick Gensler, M.D. Psychiatrist  [08-26-02]

C.  Copy of PRO Pharmacist’s Recovery Contract for David White  [11-28-01]

D.  Copy of letter from Janice Kellogg  [12-03-02], Drug Screen Reports  [12-05-01 to 11-01-02], copy of Letter from Sharon Keys LISW, CCDC III  [11-27-02]

E.  Support Group Attendance Records  [11-28-01 to 11-29-02]

F.  Copies of Treatment Compliance letters from Deborah Eckert MSW, LSW, CCDC III-E  [11-25-02], Angela M. Averett LSW, CCDI, MSW  [11-14-02], Gregory L. Isaac, M.D.  [11-21-02 and 06-17-02], Chris O. Costas, M.D.  [09-12-01], ADAPT Program Certifi­cate of Graduation  [05-29-02]

G.  Continuing Pharmaceutical Education Certificates  [04-28-02 to 11-22-02]

H.  Five Letters of Support  [11-12-02 to 11-16-02]

 

 

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 David W. White has complied with the terms set forth in the Order of the State Board of Pharmacy, Docket No. D-010316-054, effective November 7, 2001.

 

 

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. 03-1-20502, held by David W. White to practice pharmacy in Ohio and places David W. White on probation for five years effective as of the date of the mailing of this Order, with the following conditions:

 

 

(A)  David W. White 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 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)  Tramadol 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 and 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 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)  David W. White 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 required above, and

 

 

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

 

 

(C)  David W. White must continue to follow the treatment plan, with counseling, set forth by Michael Gureasko M.D. or another program acceptable to the Board.

 

 

(D)  David W. White’s psychiatric treatment provider must submit quarterly reports to the Board (due January 10, April 10, July 10 , and October 10 of each year of pro­ba­tion).

 

 

(E)  Other terms of probation are as follows:

 

 

(1)  The State Board of Pharmacy hereby declares that David W. White'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)  David W. White may not serve as a responsible pharmacist.

 

 

(3)  David W. White may not destroy, assist in, or witness the destruction of controlled substances.

 

 

(4)  David W. White must abide by the contract from the treatment provider and any violation must be reported to the Board immediately.

 

 

(5)  David W. White must not violate the drug laws of Ohio, any other state, or the federal government.

 

 

(6)  David W. White must abide by the rules of the State Board of Pharmacy.

 

 

(7)  David W. White must comply with the terms of this Order.

 

 

(F)  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.

 

 

David W. White 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 Mrs. Gregg and approved by the Board (Aye-7/Nay-0).

  5:38 p.m.

 

 

The meeting was recessed until Wednesday, December 4, 2002.

 

 

wednesday, december 4, 2002

 

  8:40 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.; Nathan S. Lipsyc, R.Ph.; Dorothy S. Teater, Public Mem­ber; and James E. Turner, R.Ph.

 

 

Mr. Keeley discussed his legislative report with the Board.  He reported that the Joint Committee on Agency Rule Review (JCARR) had reviewed the Board’s proposed rules and had no objections to them.

 

 

Mr. Braylock reported that there had been no meeting of the Nursing Board’s Committee on Prescriptive Governance.

 

 

Mr. Winsley reported on his meeting with the Medical Board’s Prescribing Committee to discuss a proposed Joint Statement by the Pharmacy, Nursing, and Medical Boards regarding the use of protocols in clinical practice.

 

R-2003-076

Mr. McMillen presented two requests seeking Board approval to be providers of continu­ing pharmacy education (CPE) in Ohio.  After discussion, Mrs. Gregg moved that the Board approve Forum Health-Northside Medical Center/Youngstown as an in-state provider of CPE.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-7/Nay-0).

 

R-2003-077

Mr. Braylock then moved that the Board approve Ronald T. Fisher/Hamilton as an in-state provider of CPE.  The motion was seconded by Mrs. Gregg and approved by the Board (Aye-7/Nay-0).

 

R-2003-078

The Board next discussed the two requests presented by PRO earlier in the meeting.  After discussion, the consensus of the Board was that the standard Board orders that required urine screens would be altered to reflect that the mandated screens were the minimum number required, but that the treatment provider could require more.  In addition, the consensus of the Board was that the proposed reporting form for the urine screens would be acceptable if it was accompanied by a cover sheet listing the actual drugs tested.

 

R-2003-079

Mr. Benedict presented a request from Woodrow Weinstein, R.Ph. for an exemption to Rule 4729-5-11 (Responsible pharmacist) for the following locations:

 

Elmwood Place Pharmacy (02-0149650)

Elmwood Institutional Pharmacy (02-0917250)

 

 

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-7/Nay-0).

 

R-2003-080

Mr. Benedict next presented a request from Marc Wolf, R.Ph. for an exemption to Rule 4729-5-11 (Responsible pharmacist) for the following locations:

 

Complete Pharmacy Services/Euclid (02-0581500)

Complete Pharmacy Services/Willowick (Pending)

 

 

After discussion of this request, Mrs. Gregg moved that the Board approve the request for one year.  The motion was seconded by Mr. Giacalone and approved by the Board (Aye-7/Nay-0).

 

R-2003-081

The Board next considered a request from Steven Salo, R.Ph. regarding his training program as a Physical Therapist Assistant during his period of suspension.  After discussion, the consensus of the Board was that his practical training would not be a violation of his Board Order as long as his clinical instructor documented full knowledge of his prior problems and the resulting Board Order.  In addition, the Board would expect the clinical instructor to assume responsibility for ensuring that Mr. Salo was properly supervised while participating in his clinical training program.

10:21 a.m.

 

 

The Board was joined by the Deans and other representatives of the Council of Ohio Colleges of Pharmacy (COCP) for a general discussion of items of common interest.  Representing the COCP were Dean Bob Bryant and Kim Broedel-Zaugg of Ohio Northern University, Dean Daniel Acosta and Robert Lee of the University of Cincinnati, Dean John Cassidy and Kenneth Hale of the Ohio State University, Dean John Early and Wayne Hoss of University of Toledo, and Tom O’Connor of COCP.

11:30 a.m.

 

 

The meeting ended.  The Board took a brief recess.

11:38 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.  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, Lipsyc-Yes, Teater-Yes, and Turner-Yes.

12:32 p.m.

 

 

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

 

R-2003-082

Mr. Benedict then presented a request from the Lorain County Board of Mental Retardation and Developmental Disabilities for an exemption to Rule 4729-5-10 (Pick-up station) so that patient-specific prescriptions for patients at several group homes could be delivered to their Meister Road ICFMR facility (02-0899750) for distribution to the patients in the group homes when the patients are available to receive them.  After discussion, Mrs. Gregg 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. Teater and approved by the Board (Aye-7/Nay-0).

12:38 p.m.

 

 

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

 

PER DIEM

12/2

12/3

12/4

Total

Adelman

1

1

1

3

Braylock

1

1

1

3

Eastman

1

1

1

3

Giacalone

1

1

1

3

Gregg

1

1

1

3

Lipsyc

1

1

1

3

Kost

1

1

-

2

Teater

1

1

1

3

Turner

1

1

1

3

 

 

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

12:45 p.m.

 

 

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

 

 

THE BOARD APPROVED THESE MINUTES

JANUARY 6, 2003