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

January 6 & 7, 2003

 

MONDAY, JANUARY 6, 2003

 

10:12 a.m.

ROLL CALL

 

 

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

 

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

 

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

10:14 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. Kost and a roll call vote was conducted by Presi­dent Adelman as follows: Eastman-Yes, Giacalone-Yes, Gregg-Yes, Kost-Yes, Lipsyc-Yes, Teater-Yes, and Turner-Yes.

10:24 a.m.

 

 

Mr. Braylock arrived and joined the Executive Session in progress.

11:55 a.m.

 

 

The Board recessed for lunch.

  1:35 p.m.

 

 

The State Board of Pharmacy reconvened, still in Executive Session, in Room West-B&C, 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.

  2:20 p.m.

 

 

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

 

R-2003-083

Ms. Eastman moved that, pursuant to Section 3719.121 of the Revised Code, the Board summarily suspend the license to practice pharmacy belonging to Thomas A. Scott, R.Ph. (03-3-16170) 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-2003-084

Mrs. Gregg then moved that the Board accept the settlement offered in the matter of Joseph A. Cusma, R.Ph. that had been scheduled for a hearing at 1:00 p.m.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).  Upon the signature of President Adelman, the following settlement agreement became final.

 

 

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

VOLUNTARY SURRENDER WITH DISCIPLINARY ACTION PENDING

(Docket No. D-020212-039)

 

In The Matter Of:

 

JOSEPH ANTHONY CUSMA, R.Ph.

7919 Erika Circle N.W.

Massillon, Ohio 44646

(R.Ph. No. 03-1-08957)

 

 

This Settlement Agreement is entered into by and between Joseph Anthony Cusma 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.

 

Joseph Anthony Cusma 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.

 

Joseph Anthony Cusma 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 Joseph Anthony Cusma’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)    Joseph Anthony Cusma neither admits nor denies the allegations stated in the Notice of Opportunity for Hearing letter dated February 12, 2002; however, the Board has duly filed the allegations in its Notice of Opportunity as stated therein and will withhold conducting an adjudication hearing 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, Joseph Anthony Cusma knowingly and voluntarily surrenders PERMANENTLY to the State Board of Pharmacy his license and registration to practice pharmacy, with disciplinary action pending, and is PRECLUDED FROM MAKING ANY APPLICATION FOR FURTHER REGISTRATION.

 

 

Pursuant to Rule 4729-9-01,  Joseph Anthony Cusma may not be employed by or work in any facility licensed by the Board of Pharmacy to possess or distribute dangerous drugs.

 

 

Joseph Anthony Cusma 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.

 

 

Joseph Anthony Cusma 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.  Joseph Anthony Cusma 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/          Joseph A. Cusma

 

/d/   1/4/2003

Joseph Anthony Cusma, R.Ph., Respondent

 

Date of Signature

 

 

 

/s/          Robert D. Noble

 

/d/   1/6/03

Robert D. Noble, Attorney for Respondent

 

Date of Signature

 

 

 

/s/          Diane C. Adelman

 

/d/    1/6/03

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

 

Date of Signature

 

 

 

/s/          Sally Ann Steuk

 

/d/    1–6–03

Sally Ann Steuk, Ohio Assistant Attorney General

 

Date of Signature

 

R-2003-085

Mr. Turner then moved that the Board approve a settlement agreement offered in the matter of Harold Fletcher, R.Ph. as revised by the Board.  The settlement agreement is to become final upon the signature of the Board President.  The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).

 

R-2003-086

Mr. Kost moved that the Board agree to withdraw the Notice of Opportunity for a Hearing issued to The Young For Life Medical Clinic scheduled for a hearing on Wednesday, January 8, 2003.  The Respondents have moved out of Ohio and have withdrawn their application for a license as a Terminal Distributor of Dangerous Drugs.  The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

 

R-2003-087

Mr. Giacalone moved that the Board approve the settlement agreement offered in the matters of Cynthia Ann Musson, R.Ph. and Chester Lee Parker, R.Ph.  The settlement agreements are to become final upon the signature of the Board President.  The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).

 

R-2003-088

Mr. Giacalone then moved that the Board approve the settlement agreement offered in the matters of Big Bear Pharmacy #208 and William Gongola, R.Ph. if the Respondents agree to the terms as revised by the Board.  The settlement agreements are to become final upon the signature of the Board President.  The motion was seconded by Mr. Kost and approved by the Board (Aye-6/Nay-2).

 

R-2003-089

Mr. Winsley then presented a request from The Cleveland Clinic Main Outpatient Pharmacy (02-0079600) and Fairview Health Center Pharmacy (02-0140100) for an exemption to Rule 4729-5-10 (Pick-up station) so that Cleveland Clinic Health System (CCHS) employee prescription requests, both new and refill, could be left in drop boxes located at several CCHS hospitals.  The prescriptions would be picked up by a courier and filled at one of the two pharmacies listed above.  The finished prescription would then be returned to the appropriate hospital pharmacy where the CCHS employee would pick up the medication.  After discussion, Ms. Eastman 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 Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

 

R-2003-090

Mr. Benedict and Compliance Specialist Joann Predina presented a request from Marc Wolf, R.Ph. for an exemption to Rule 4729-5-10 (Pick-up station) for two different Complete Pharmacy Services facilities (02-0581500/Euclid and Pending/Willowick), seeking Board approval to have prescriptions filled at one location and shipped out of the other location to facilitate the addition of non-prescription items to the package at the second location.  After discussion, Mrs. Gregg 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 Ms. Eastman and approved by the Board (Aye-8/Nay-0).

 

R-2003-091

After a brief discussion, Mr. Kost moved that the following rules be implemented with an effective date of February 1, 2003.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

 

 

 

4729-3-01  Definitions.

 

As used in Chapter 4729-3 of the Administrative Code:

 

 

(A)

"Pharmacy internship" means the supervised practical experience required for licen­sure as a registered pharmacist.  The purpose of the pharmacy internship program is to provide those individuals, who intend to become registered phar­macists, with the knowledge and practical experience necessary for functioning competently and effectively upon licensure.

 

 

(B)

"Supervised practical experience" is the experience obtained at an internship site and which is conducted in accordance with the "National Association of Boards of Pharmacy - American Association of Colleges of Pharmacy" publication "The Intern­ship Experience," or a similar outline and/or manual approved by the board of pharmacy.

 

 

(C)

"Internship site" means a pharmacy licensed as a terminal distributor of dan­gerous drugs pursuant to Chapter 4729. of the Revised Code, except as provided in para­graph (C) or (D) of rule 4729-3-05 of the Administrative Code, and whose license is in good standing.

 

 

(D)

"Preceptor" is the individual responsible for seeing that the intern is prop­erly super­vised and exposed to all aspects of the internship program defined as the supervised practical experience.

 

 

(1)

A "preceptor" is a pharmacist who holds a current identification card which is in good standing; or, is a person who is of good moral character and is qualified to direct the approved experience in the area approved by the director of internship pursuant to paragraph (D) of rule 4729-3-05 of the Administrative Code.

 

 

(2)

A person may serve as the preceptor for more than one intern.  The number of interns engaged in the practice of pharmacy at any time is limited to not more than two for each pharmacist on duty.

 

 

(3)

A preceptor must report to the board on the progress and aptitude of an intern when requested by the director of internship.

 

 

(E)

"Director of internship" has the same meaning as provided in section 4729.11 of the Revised Code.

 

 

(F)

"In good standing" means that the licensee or registrant has not been denied the privilege of supervising interns by the board.

 

 

(G)

"Statement of Preceptor" is the form which must be received by the board of phar­macy for each pharmacy intern within thirty days of beginning internship under a preceptor's supervision.  A "Statement of Preceptor" form is not required to be submitted to the board when using an academic experience affidavit.

 

 

(1)

No credit will be given for practical experience obtained prior to thirty days of the date that the "Statement of Preceptor" form is re­ceived by the board office; except, that in the event of extraordinary circum­stances and when due to no fault of the intern, the board may accept a retroactive date of filing for the "Statement of Preceptor."

 

 

(2)

The intern must file a "Statement of Preceptor" form whenever he/she changes internship sites and/or preceptors.

 

 

(H)

"Practical experience affidavit" is the form which must be used to submit practical experience for internship credit.

 

 

(1)

Practical experience must be itemized to the nearest half hour reported on the affidavit by shall be the total number of hours obtained each week during the reported time period rounded to the nearest hour.  The hours reported must be able to be documented by payroll or other records which may be examined by the board of pharmacy upon reasonable notice.

 

 

(2)

Practical experience affidavits must be signed by the preceptor on file with the board of pharmacy.  In the event of the unavailability of the preceptor's signa­ture due to extraordinary circumstances and due to no fault of the intern, the board may accept an alternative method for verification of a practical experi­ence affidavit.

 

 

(3)

Practical experience affidavits for a calendar year may be filed at any time, except that they must be received in the board office or postmarked no later than the first day of March of the following year.

 

 

(I)

"Academic experience affidavit" is the form that may be used to submit prac­tical experience obtained from a structured program where academic credit is awarded.

 

 

(1)

The academic experience coordinator at a school of pharmacy is respon­sible for assuring that during the time of the experience each practice site and preceptor are currently licensed and are in good standing with the appropriate professional licensing board or have been previously approved by the board of pharmacy.

 

 

(2)

The preceptor at each practice site must sign the academic experience affidavit certifying the hours of practical experience obtained by the intern.

 

 

(3)

The academic experience coordinator at a school of pharmacy must submit a signed academic experience affidavit certifying that the intern ob­tained a passing grade and that the practice sites and the preceptors are currently licensed and in good standing with the appropriate profes­sional licensing board or have been previously approved by the board of pharmacy.

 

 

(4)

The academic experience coordinator at a school of pharmacy is respon­sible for maintaining records of intern experience at each practice site.

 

 

(5)

Academic experience affidavits may be filed at any time, except that they must be received in the board office or postmarked no later than the first day of the July that immediately follows the successful completion of the academic course.

 

 

(I)(J))

"School of pharmacy" has the same meaning as a college of pharmacy or a depart­ment of pharmacy of a university, which has been recognized and approved by the state board of pharmacy.

 

 

 

4729-3-02  Registration as a pharmacy intern.

 

 

(A)

A certificate of registration as a pharmacy intern shall only be issued for the purpose of allowing those individuals who intend to become registered pharmacists the oppor­tunity to obtain the practical experience required for examination and registration as a pharmacist.

 

 

(B)

If a person is actively working towards the requirements for licensure as a pharmacist and desires to work as a pharmacy intern in Ohio, he/she must:

 

 

(1)    (a)

Have successfully completed forty-eight semester or seventy-two quarter hours of college and have been accepted into be enrolled in a school of pharmacy; or

 

 

(2)    (b)

Have obtained a first professional degree in pharmacy from a pro­gram which has been recognized and approved by the state board of phar­macy; or

 

 

(3)    (c)

Have established educational equivalency by obtaining a Foreign Phar­macy Graduate Examination Commission (FPGEC) certificate, and have established proficiency in spoken English by successfully completing the Test of Spoken English (TSE) or its equivalent;.

 

 

(4)(2)

Apply to the state board of pharmacy for registration as a pharmacy intern.

 

 

 

4729-3-03  Application for registration as a pharmacy intern.

 

 

(A)

Every person desiring to register as a pharmacy intern shall submit the fol­lowing to the state board of pharmacy:

 

 

(1)

A completed application form as provided by the board;

 

 

(2)

A three- by four-inch head and shoulders photograph taken within the previous six months;

 

 

(3)

Fee;

 

 

(4)

A An original transcript certifying that the applicant has in fact suc­cessfully completed a minimum of forty-eight semester or seventy-two quarter hours of college work; and

 

 

(5)

A certificate of acceptance enrollment into a school of pharmacy cer­tifying that the person is enrolled in a school of pharmacy and is actively working towards the requirements for licensure as a pharmacist; or

 

 

(6)

All items listed in paragraphs (A)(1) to (A)(3) of this rule and:

 

 

(a)

certification Certification of having obtained a first pro­fessional degree in pharmacy from a program which has been recognized and approved by the state board of pharmacy; or

 

 

(b)

certification Certification of having established educational equiva­lency by obtaining a “Foreign Pharmacy Graduate Examina­tion Com­mission (FPGEC)” certificate, and evidence of successful completion of the “Test of Spoken English (TSE)” or its equiva­lent.

 

 

(B)

The state board of pharmacy may register an applicant as a pharmacy intern as soon as the state board of pharmacy receives all the required items set forth in paragraphs (A)(1) to (A)(5) or paragraph (A)(6) of this rule.

 

 

(C)

The state board of pharmacy may, pursuant to rule 4729-5-04 of the Administra­tive Code, deny the issuance of a certificate of registration or an identifi­cation card to practice as a pharmacy intern.

 

 

 

4729-3-04  Pharmacy intern identification card renewal.

 

A pharmacy intern may renew his/her identification card each year provided he/she is actively working toward the requirements for licensure as a pharmacist and otherwise meets the requirements and rules of the state board of pharmacy.  The state board of pharmacy may, pursuant to rule 4729-5-04 of the Administrative Code, deny the issu­ance of an iden­tification card to practice pharmacy as an intern.

 

 

(A)

An intern shall be considered to be actively working towards licensure as a pharma­cist if he/she has complied with all of the statutes and rules regarding internship since registration as a pharmacy intern, and:

 

 

(1)

He/she is enrolled in a school of pharmacy or is able to provide evidence that he/she has been accepted for enrollment in a school of pharmacy and is actively working towards the requirements for licensure as a pharmacist; or

 

 

(2)

He/she is a member of the armed forces and can provide evidence that he/she has been accepted for enrollment in a school of pharmacy upon his/her release from the armed forces; or

 

 

(3)

He/she is able to provide evidence of obtaining a first professional degree in pharmacy from a school of pharmacy; or

 

 

(4)

He/she is able to provide evidence of obtaining a “Foreign Pharmacy Gradu­ate Examination Commission (FPGEC)” certificate, and can provide evidence of successful completion of the “Test of Spoken English (TSE)” or its equiva­lent.

 

 

(B)

An intern who has obtained a first professional degree in pharmacy from a school of pharmacy, or who has established equivalency by obtaining a “Foreign Pharmacy Graduate Examination Commission (FPGEC)” certificate, may renew his/her license only once.  In the event of extraordinary circumstances and when due to no fault of the intern, the board may approve additional renewals.

 

 

 

4729-3-05  Internship credit.

 

 

(A)

No internship credit shall be granted by the board for practical experience obtained before registration as an intern or during a period when the intern's registration has lapsed.

 

 

(B)

Internship credit may be granted for practical experience obtained when the intern is registered and attending classes in the academic program of a school of pharmacy actively working towards the requirements for licensure as a pharmacist as defined in paragraph (A) of rule 4729-3-04 of the Administrative Code, other than the struc­tured academic program as provided for in paragraph (C) of this rule.

 

 

(C)

Internship credit may be gained for practical experience obtained in a struc­tured pro­gram for which academic credit is awarded (e.g., externship, clerk­ship).  Such credit shall be limited to the number of hours for which the structured program has been approved by the state board of pharmacy.  Intern­ship credit shall be granted only when the intern obtains a passing grade for the course involved.  A school of phar­macy which desires to conduct such structured programs eligible for approval shall make a written request on forms provided by the board The practical experience obtained may be submitted to the board on an academic experience affidavit.

 

 

(D)

Up to five hundred hours of internship credit may be obtained at a site other than a pharmacy licensed as a terminal distributor of dangerous drugs (e.g., manufacturing, research, consulting, drug information, and drug utilization review).  To receive credit for such experience, a formal request must be submitted to the director of internship for approval prior to beginning the experience in these areas.  The request shall include a detailed description of the contemplated internship with respect to time, place, duties, respon­sibilities, professional supervision, and the person supervising the experi­ence.  The request must be signed by both the intern and the person supervis­ing the experience and returned with a completed statement of preceptor form.

 

 

(E)

Internship credit may be denied for the practical experience accumulated when an intern is found to be guilty of violation(s) pursuant to section 4729.16 of the Revised Code.

 

 

(F)

The pharmacy internship requirement for the licensure examination shall be deemed satisfactorily completed when the intern has filed affidavits certify­ing that he/she has obtained a total of one thousand five hundred hours of supervised practical experi­ence and such affidavits have been accepted by the board of pharmacy.

 

 

 

4729-5-01  Definitions.

 

As used in Chapter 4729. of the Revised Code:

 

 

(A)

"Practice of pharmacy" is as defined in division (B) of section 4729.01 of the Revised Code.

 

 

(B)

The term "dispense" means the final association of a drug with a particular patient pursuant to the prescription, drug order, or other lawful order of a prescriber and the professional judgment of and the responsibility for: interpreting, preparing, compounding, labeling, and packaging a specific drug.

 

 

(C)

The term "compounding" has the same meaning as defined in division (C) of section 4729.01 of the Revised Code.

 

 

(D)

"Interpret prescriptions" means the professional judgment of a pharmacist when reviewing a prescription order of a prescriber for a patient.

 

 

(E)

"To participate in drug selection" means selecting and dispensing a drug product pursuant to sections 4729.38 and 4729.381 of the Revised Code.

 

 

(F)

"To participate with prescribers in reviews of drug utilization" means monitoring the appropriate use of drugs through communication with the prescriber(s) involved.

 

 

(G)

"Pharmacist" means an individual who holds a current pharmacist identification card pursuant to section 4729.08 or 4729.09 of the Revised Code; or, pursuant to section 4729.12 of the Revised Code.

 

 

(H)

"Original prescription" means the prescription issued by the prescriber in writing, an oral or electronically transmitted prescription recorded in writ­ing by the pharmacist, or a prescription transmitted by use of a facsimile machine, or a prescription trans­mitted by a board-approved electronic pre­scription transmission system, each of which is pursuant to rule 4729-5-30 of the Administrative Code.

 

 

(I)

"Personal supervision" means a pharmacist shall be physically present in the phar­macy and provide personal review and approval of all professional pharma­ceutical activities.

 

 

(J)

"Preprinted order" is defined as a patient-specific, definitive set of drug treatment directives to be administered to an individual patient who has been examined by a prescriber and for whom the prescriber has determined that the drug therapy is appropriate and safe when used pursuant to the conditions set forth in the pre­printed order.  Preprinted orders may be used only for inpatients in an institu­tional facility as defined in Chapter 4729-17 of the Administrative Code.

 

 

(K)

"Standing order" will mean the same as the term "protocol".

 

 

(L)

"Protocol" is defined as:

 

 

(1)

A definitive set of treatment guidelines that include definitive orders for drugs and their specified dosages which have been authorized by a pre­scriber as defined in rule 4729-5-15 of the Administrative Code and have been approved by the state board of pharmacy to be used by certified or licensed health care professionals when providing limited medical ser­vices to individuals in an emergency situation when the services of a prescriber are not immediately available; or

 

 

(2)

A definitive set of treatment guidelines that include definitive orders for drugs and their specified dosages which have been authorized by a pre­scriber as defined in rule 4729-5-15 of the Administrative Code and have been approved by the state board of pharmacy to be used by certified or licensed health care professionals when administering biologicals or vaccines to individuals for the purpose of preventing diseases.

 

 

 

A protocol may be used only by licensed or certified individuals acting within the scope of their license or certification who have been adequately trained in the safe administration and use of the drugs and other procedures included in the protocol.

 

 

 

Protocols submitted for approval by the state board of pharmacy may be re­viewed with the medical and/or nursing board, as appropriate, prior to any approval by the state board of pharmacy.

 

 

(M)

"Prescriber" means any person authorized by the Revised Code to prescribe danger­ous drugs as part of their professional practice.

 

 

(N)

"Positive identification" means a method of identifying an individual who pre­scribes, administers, or dispenses a dangerous drug.  Such method must include a physical means of identification such as, but not limited to, the following:

 

 

(1)

A manual signature on a hard-copy record;

 

 

(2)

A magnetic card reader;

 

 

(3)

A bar code reader;

 

 

(4)

A thumbprint reader or other biometric method; or

 

 

(5)

A daily printout of every transaction that is verified and manually signed within twenty-four hours by the individual who prescribed, administered, or dispensed the dangerous drug.  The printout must be maintained for three years and made available on request to those individuals authorized by law to review such records.

 

 

 

A magnetic card reader or a bar code reader system of identification must also in­clude a private personal identifier, such as a password, for entry into a mechanical or automated system.

 

 

 

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.

 

 

 

4729-5-24  Prescription copy.

 

 

(A)

A pharmacist may transfer a copy of a prescription; a pharmacist may refill a copy of a prescription; such actions must be in accordance with the following:

 

 

(1)

Copies of prescriptions shall be transferred only between pharmacists except as provided in paragraph (G) of this rule; copies of prescriptions for controlled substances pursuant to sections 3719.41, 3719.43, and 3719.44 of the Revised Code shall be communicated directly between two pharma­cists and shall be transferred only one time.  However, pharmacies elec­tronically sharing a real-time, on-line database may transfer a con­trolled substance prescription up to the maximum number of refills per­mitted by law and the prescriber's authoriza­tion pursuant to paragraph (A)(4) of this rule.

 

 

(2)

The copy transferred shall be an exact duplicate of the original pre­scription except that it shall also include:

 

 

(a)

Serial prescription number assigned to the prescription;

 

 

(b)

Name and address (and "D.E.A." number for controlled substance prescriptions) of the pharmacy transferring the copy;

 

 

(c)

Date of issuance of the prescription;

 

 

(d)

Date of original dispensing of the prescription;

 

 

(e)

Original number of refills;

 

 

(f)

Date of last refill;

 

 

(g)

Number of valid refills remaining; and

 

 

(h)

The full name of the transferring pharmacist.

 

 

(3)

Copies transferred for non-refillable prescriptions shall be marked on the face of the prescription or orally noted by the transferring pharma­cist "For Informa­tion Purposes Only" and are not valid prescriptions for the dispensing of drugs.

 

 

(4)

The pharmacist transferring a copy of a prescription must:

 

 

(a)

Cancel the original prescription by writing the word "void" on the face of the prescription in such a way as to avoid destroying any of the original information contained on the prescription;

 

 

(b)

Record on the reverse side of the original written prescription:

 

 

(i)

Date of transfer;

 

 

(ii)

His/her signature; and

 

 

(iii)

When transferring an oral prescription, the name and address (and "D.E.A." number for controlled substance prescriptions) of, and name of the pharmacist at, the receiving pharmacy.

 

 

(c)

Except, if an automated data processing system is being used as an alter­nate system of recordkeeping for prescriptions pursuant to rules 4729-5-27 and 4729-5-28 of the Administrative Code, copies of pre­scriptions may be transferred by a pharmacist if the prescrip­tion record in the sys­tem is invalidated to prevent further dispens­ing at the original site.  The prescription record in the system must con­tain the date of transfer, name of pharmacist making transfer, and the name and address of the phar­macy receiving the copy.  Also, ori­ginal written prescriptions for con­trolled substances must be can­celed as required in paragraphs (A)(4)(a) and (A)(4)(b) of this rule.

 

 

(5)

The pharmacist receiving a copy of a prescription must:

 

 

(a)

Exercise reasonable diligence to determine validity of the copy;

 

 

(b)

Reduce an oral prescription to writing by recording all of the information transferred (must include all information required in paragraph (A)(2) of this rule) and write the word "transfer" on the face of the prescription;

 

 

(c)

Record date of transfer on the face of the prescription.

 

 

(B)

A prescription copy may be transferred between two pharmacies if the two phar­ma­cies are accessing the same prescription records in a centralized database or phar­macy computers linked in any other manner.  The computerized systems must satisfy all information requirements of paragraphs (A)(2) and (A)(4)(c) of this rule.  This shall include invalidation of the prescription record in the system to prevent further dis­pens­ing at the original site and, if a con­trolled substance prescription, the canceling of the original written pre­scription as required in paragraphs (A)(4)(a) and (A)(4)(b) of this rule.  A system must be in place that will allow only authorized access to these com­puterized prescription records by a pharmacist and indicate on the prescrip­tion record when and by whom such access was made.

 

 

(C)

A prescription copy may be transferred between two pharmacists by the use of a fac­simile machine.  This facsimile may be considered to be a copy of a prescription if all information requirements of paragraph (A) of this rule, including invalidation of the original prescription or computer records, are met.  A system must be in place that will show on the facsimile positive identification of the transferring and receiving pharmacists which must be­come a part of the prescription record.  Facsimile copies must be recorded in writing pursuant to section 4729.37 of the Revised Code, or stored in such a manner that will allow retention of the prescription record for three years from the date of the last transaction.

 

 

(D)

Information on a prescription is the property of the patient and is intended to author­ize the dispensing of a specific amount of medication for use by the patient.  Origi­nal copies of prescriptions shall be maintained by pharmacies for the purpose of docu­menting the dispensing of drugs to a particular patient.

 

 

(1)

In the event that the pharmacy is not able to provide the medica­tion when needed by the patient pursuant to an authorized refill, the pharmacist shall, upon the request of the patient, transfer the prescription infor­mation to the pharmacy designated by the patient.

 

 

(2)

No pharmacy shall refuse to transfer information about a previously dis­pensed prescription to another pharmacy when requested by the patient.  Prescription information shall be transferred in accor­dance with this rule as soon as possible in order to assure that the patient’s drug therapy is not interrupted.

 

 

(E)

Prescriptions entered into a computer system but not dispensed may be trans­ferred to another pharmacy if all of the following conditions are met:

 

 

(1)

The complete prescription information has been entered into the computer system;

 

 

(2)

The information is displayed on the patient’s profile;

 

 

(3)

There is positive identification, either in the computer system or on the hard-copy prescription, of the pharmacist who is responsible for entering the prescription information into the system;

 

 

(4)

The original prescription is filed in accordance with rule 4729-5-09 of the Administrative Code;

 

 

(5)

All requirements of this rule are met for the transfer of the prescrip­tion.

 

 

(F)

Transfer of prescription information between two pharmacies which are access­ing the same real-time, on-line database pursuant to the operation of a board-approved cen­tral filling operation shall not be considered a prescription copy and, therefore, is not subject to the requirements of this rule.

 

 

(G)

A licensed pharmacy intern may send or receive copies of prescriptions pursu­ant to the following:

 

 

(1)

The pharmacist on duty who is supervising the activity of the intern will deter­mine if the intern is competent to send or receive a pre­scription copy.

 

 

(2)

The pharmacist on duty who is supervising the activity of the intern is respon­sible for the accuracy of a prescription copy that is sent or received by an intern.

 

 

(3)

The supervising pharmacist must be immediately available to answer ques­tions or discuss the prescription copy that is sent or received by an intern.

 

 

(4)

The intern may not send or receive a prescription copy for a controlled sub­stance.

 

 

(5)

The pharmacist or intern receiving a prescription copy from an intern must document the full names of the sending intern and his/her super­vising pharmacist.  The receiving intern shall immediately reduce the prescription copy to writing and shall review the prescription with the supervising phar­macist.  Prior to dispensing, positive identification of the intern and the supervising pharmacist shall be made on the prescrip­tion to identify the responsibility for the receipt of the copy.

 

 

(6)

The pharmacist or intern sending a prescription copy to an intern must document the full names of the receiving intern and his/her supervising pharmacist.  There must be documented positive identification of the sending intern and his/her supervising pharmacist who authorized the transfer of the prescription copy.

 

 

(7)

The approved intern and the supervising pharmacist must meet all the require­ments of this rule.

 

 

 

4729-5-30  Manner of issuance of a prescription.

 

 

(A)

A prescription, to be valid, must be issued for a legitimate medical purpose by an individual prescriber acting in the usual course of his/her professional practice.  The responsibility for the proper prescribing is upon the pre­scriber, but a corresponding responsibility rests with the pharmacist who dispenses the prescription.  An order purporting to be a prescription issued not in the usual course of bona fide treatment of a patient is not a pre­scription and the person knowingly dispensing such a pur­ported prescription, as well as the person issuing it, shall be subject to the penalties of law.

 

 

(B)

All prescriptions issued by a prescriber shall:

 

 

(1)

Be dated as of and on the day when issued.

 

 

(2)

Indicate Contain the manually printed, typewritten, or pre-printed full name and address of the prescriber.

 

 

(3)

Indicate a telephone number where the prescriber can be personally contacted during normal business hours.

 

 

(4)

Indicate the full name and address of the patient.

 

 

(4)(5)

Indicate the drug name and strength.

 

 

(5)(6)

Indicate the quantity to dispense.

 

 

(6)(7)

Indicate the appropriate directions for use.

 

 

(7)(8)

Specify the number of times or the period of time for which the pre­scription may be refilled.  If no such authorization is given, the prescription may not be refilled except in accordance with section 4729.281 of the Revised Code.  A prescription marked "Refill P.R.N." or some similar designation is not con­sidered a valid refill authori­zation.

 

 

(8)(9)

Not authorize any refills for schedule II controlled substances.

 

 

(9)(10)

Authorize refills for schedules III and IV controlled substances only as per­mitted by section 3719.05 of the Revised Code.

 

 

(10)(11)

Not authorize a refill beyond one year from the date of issuance for schedule V controlled substances and for dangerous drugs that are not controlled substances.

 

 

(11)(12)

Identify the trade name or generic name of the drug(s) in a compounded prescription.

 

 

(12)(13)

Not be coded in such a manner that it cannot be dispensed by any phar­macy of the patient's choice.

 

 

(13)(14)

For prescriptions issued to a patient by a prescriber, be:

 

 

(a)

Manually signed on the day issued by the prescriber in the same manner as he/she would sign a check or legal document.

 

 

(b)

Issued in compliance with rule 4729-5-13 of the Administrative Code.

 

 

(14)(15)

Be issued in compliance with all applicable federal and state laws, rules, and regulations.

 

 

(C)

When forms are used that create multiple copies of a prescription issued to a patient by a prescriber, the original prescription that bears the actual signature of the pre­scriber must be issued to the patient for dispensing by a pharmacist.

 

 

(D)

A pharmacist may not dispense a dangerous drug for the first time beyond six months from the date of issuance of a prescription.

 

 

(E)

Oral transmission by the prescriber or the prescriber’s agent of original pre­scriptions and refills authorized by a prescriber, pursuant to the require­ments of this rule, may be transmitted by telephone only to:

 

 

(1)

A pharmacist.  The prescriber or prescriber’s agent must provide his/her full name.  The pharmacist shall make a record of the prescriber's agent on the ori­ginal prescription and, if used, on the alternate system of recordkeeping.  The pharmacist is responsible for assuring the validity of the source of the oral pre­scription.

 

 

(2)

A recording device within the pharmacy if the pharmacist is unavailable.  The prescriber or prescriber's agent must provide his/her full name.  The pharma­cist must remove the prescription from the recorder and reduce it to writing.  The pharmacist is responsible for assuring the validity of the prescription removed from the recorder.

 

 

(3)

A licensed pharmacy intern if the pharmacist on duty who is supervising the activity of the intern determines that the intern is competent to receive tele­phone prescriptions.

 

 

(a)

The intern shall immediately reduce the prescription to writing and shall review the prescription with the supervising pharma­cist.  Prior to dispensing, positive identification of the intern and the super­vising pharmacist shall be made on the prescription to iden­tify the respon­sibility for the receipt of the oral order.

 

 

(b)

The supervising pharmacist on duty is responsible for the accuracy of the prescription.

 

 

(c)

The supervising pharmacist on duty must be immediately available to answer questions or discuss the prescription with the caller.

 

 

(F)

Original written prescriptions authorized and signed by a prescriber may be transmit­ted by the prescriber or the prescriber’s agent by facsimile machine to a pharmacy pursuant to the following:

 

 

(1)

The prescription must be issued in compliance with this rule.

 

 

(2)

The original prescription signed by the prescriber from which the fac­simile is produced shall not be issued to the patient.  The original prescription signed by the prescriber must remain with the patient’s records at the pre­scriber’s office or the institutional facility where it was issued.

 

 

(3)

Such a facsimile shall only be valid as a prescription if a system is in place that will allow the pharmacist to maintain the facsimile as a part of the prescription record including the positive identification of the prescriber and his/her agent as well as positive identification of the origin of the facsimile.

 

 

(4)

The pharmacist must record the prescription in writing pursuant to sec­tion 4729.37 of the Revised Code or store the facsimile copy in such a manner that will allow retention of the prescription record for three years from the date of the last transaction.

 

 

(5)

Prescriptions for schedule II controlled substances may not be transmit­ted by facsimile except:

 

 

(a)

Pursuant to rules 4729-17-09 and 4729-19-02 of the Administra­tive Code.

 

 

(b)

For a narcotic substance issued for a patient enrolled in a hospice.  The ori­ginal prescription must indicate that the patient is a hos­pice patient.  The facsimile transmission must also meet the other requirements of this rule.

 

 

(6)

A facsimile of a prescription received by a pharmacy in any manner other than transmission directly from the prescriber or the prescriber’s agent shall not be considered a valid prescription, except as a copy of a pre­scription pursuant to rule 4729-5-24 of the Administrative Code.

 

 

(G)

A prescription may be transmitted by means of a board-approved electronic pre­scrip­tion transmission system, without further verification by the pharmacist of the pre­scriber’s identity, provided that:

 

 

(1)

The system shall require positive identification of the prescriber as defined in rule 4729-5-01 of the Administrative Code and the full name of any author­ized agent of the prescriber who transmits the prescrip­tion.

 

 

(2)

The computer data must be retained for a period of three years at the prescriber's office.

 

 

(H)

A pharmacist who modifies a patient's drug therapy pursuant to a consult agreement and:

 

 

(1)

Is also responsible for the dispensing of the drug to the patient must include on the drug order the name of the physician who originally pre­scribed the drug, sign the pharmacist's full name, and be in compliance with this rule in the same manner as the prescriber.

 

 

(2)

Is not responsible for the dispensing of the drug to the patient may transmit the order to a pharmacy by acting as an agent of the physician.  Such phar­macist must personally transmit the order verbally or by fac­simile to another pharmacist and be in compliance with this rule.

 

 

 

4729-5-31  Criteria for licensure by examination.

 

 

(A)

Pursuant to section 4729.07 of the Revised Code:

 

 

(1)

The examination shall consist of the “North American Pharmacist Licensure Examination (NAPLEX)” and a jurisprudence examination compiled by the state board of pharmacy or the “National Association of Boards of Phar­macy (NABP).”

 

 

 

(2)    (a)

The minimum passing score for the NAPLEX is seventy-five.  Any candi­date failing to attain a score of seventy-five on the NAPLEX examination will be required to repeat the NAPLEX examination and remit the fee established by the state board of pharmacy for re-examination.

 

 

(b)

Pursuant to the procedures established by the NABP, a candidate may transfer his/her NAPLEX score to Ohio only after the candidate has met all of the requirements set by the board for examination and licensure in Ohio.

 

 

(3)

The minimum passing score for the jurisprudence examination is seventy-five.  Any candidate who fails to receive a score of seventy-five on the jurisprudence examination will be required to repeat the jurisprudence examination and remit the fee established by the state board of pharmacy for re-examination.

 

 

 

(B)

Pursuant to section 4729.13 of the Revised Code:

 

 

(1)

The examination shall consist of the "North American Pharmacist Licensure Examination (NAPLEX)" and a jurisprudence examination compiled by the state board of pharmacy or the "National Association of Boards of Phar­macy (NABP)."

 

 

(2)

The minimum passing scores for renewal of the pharmacist's identification card is a seventy-five on each exam.

 

 

(a)

Any candidate for renewal of an identification card who fails to receive a score of seventy-five on the jurisprudence examination shall make appli­cation and remit the fee established by the state board of pharmacy for re-examination.

 

 

(b)

Any candidate for renewal of an identification card who fails to receive a score of seventy-five on the NAPLEX examination shall make application and remit the fee established by the state board of phar­macy for re-examination.

 

 

(C)

Pursuant to section 4729.08 of the Revised Code:

 

Applicants for examination and registration as a pharmacist who are graduates of schools or colleges of pharmacy located outside the United States and who are using an approved examination to establish equivalency of their education shall:

 

 

(1)

Obtain a score no lower than seventy-five on the "Foreign Pharmacy Graduate Equivalency Examination (FPGEE)"; and

 

 

(2)

Show oral proficiency in English by successful completion of the "Test of Spoken English (TSE)" or its equivalent, pursuant to rule 4729-5-34 of the Administrative Code.

 

 

(D)

Any examination candidate who fails to take both of the required examinations within twelve months from the date the board receives the application materials shall submit a new application for the required examination or examinations and remit the fee established by the state board of pharmacy.

 

 

(E)

The record of the passing score for an examination candidate who takes both of the required examinations, but successfully only completes one examination will:

 

 

(1)

Be maintained if no more than twelve months has elapsed between attempts to successfully complete the remaining examination.

 

 

(2)

Not be maintained if more than twelve months has elapsed between attempts to successfully complete the remaining examination.  It will then be necessary for the examination candidate to repeat both examinations for Ohio licensure.

 

 

(F)

Any candidate who has requested to transfer their NAPLEX score to Ohio must receive a passing score on the Ohio jurisprudence examination within twelve months from the date the board receives the initial application or the trans­fer of their NAPLEX score will be denied.

 

 

 

4729-9-08  Change in description of terminal or wholesale dangerous drug facility.

 

For the purpose of division (E) of section 4729.51 and division (D) of section 4729.52 of the Revised Code, any change in the ownership, business or trade name, or address of a termi­nal or wholesale distributor of dangerous drugs requires a new application, required fee, and license.

 

R-2003-092

The Board next considered a request for an exemption to Rule 4729-5-11 (Responsible pharmacist) received from Robert G. Westphal, Vice President of Health Care Solutions, Inc.  In his request, Mr. Westphal asked that Michael Pellek R.Ph. (03-1-22475) be per­mitted to be the responsible pharmacist for the following Terminal Distributor of Danger­ous Drugs licenses since all of them will be located at the same address:

 

 

HCS Lancaster, LLC (02-1304400)

Caring Services DME (02-1331700)

Connemaugh Home Medical Equipment (02-1349750)

HCS Respiratory Pharmacy (Pending)

 

 

After discussion, Mr. Giacalone moved that the Board approve this request.  The motion was seconded by Mr. Lipsyc and approved by the Board (Aye-8/Nay-0).

 

 

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

 

 

Mr. Benedict and Mr. Keeley reported on a meeting with representatives from the Medical and Pharmacy Boards regarding prescription legibility issues.  They reported that the Medical Board would, as a first step, present an article on this subject in their next news­letter.

 

 

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.

 

 

After a discussion of the draft minutes from the December 2, 3, 4, 2002 Board meeting, Mrs. Gregg moved that the minutes of the meeting be approved as amended.  The motion was seconded by Mr. Lipsyc and approved by the Board (Aye-8/Nay-0).

  3:40 p.m.

 

 

The meeting was recessed until Tuesday, January 7, 2003.

 

 

tuesday, january 7, 2003

 

  1:11 p.m.

ROLL CALL

 

 

The State Board of Pharmacy reconvened in Room West-B&C, 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. Benedict and Mrs. Teater presented the Probation Report.  There were no issues requiring official Board action.

 

R-2003-093

Mr. Winsley presented information received from Gateway Electronic Medical Manage­ment Systems (GEMMS), an electronic prescribing system seeking Board approval.  After a review of the material submitted by GEMMS and the proposed changes to that material needed to meet the Board’s requirements that had been clarified by telephone that morning with Rodger P. Pinto, GEMMS CEO, Mrs. Gregg moved that the Board find the system approvable pending final inspection.  The motion was seconded by Mr. Lipsyc and approved by the Board (Aye-8/Nay-0).

 

 

Mr. Keeley then discussed the final version of H.B. 221 as passed by the 124th General Assembly with the Board.  This bill requires the Board to promulgate the rules needed for implementation of the legislation.

  1:30 p.m.

 

 

The Board adjourned to 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.

 

R-2003-094

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

 

ELLA REGAIL ARMSTRONG

03-3-25567

MARYLAND

DENIS PATRICK AUSTIN

03-3-25576

MISSOURI

JAMES MICHAEL BICHLER

03-3-25579

WISCONSIN

KEITH ERIC BROADWATER

03-3-25548

VIRGINIA

JEFFREY DAVIS EDDY

03-3-25560

WEST VIRGINIA

PATRICK DWIGHT FLANAGIN

03-3-25559

ALABAMA

CELESTE C. FLICK

03-3-25577

KENTUCKY

GERARD A. HABER

03-3-25568

NEW YORK

JENNIFER SHAWN HAMBLY

03-3-25582

INDIANA

JERRY HOLMES

03-3-25550

TENNESSEE

JAMES DAVID KAUCHAK, JR.

03-3-25479

NORTH CAROLINA

JALIL AKHTER MINHAS

03-3-25596

NEW YORK

WAYNE JAMES SHAFER

03-3-25562

PENNSYLVANIA

JILL L. VUKOVICH

03-3-25569

SOUTH CAROLINA

JON WILLIAM WOODWARD

03-3-25589

OKLAHOMA

  2:00 p.m.

 

The Board reconvened in Room West-B&C to continue the Board meeting.  Mr. Giacalone 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.

  2:45 p.m.

 

The Executive Session ended and the meeting was opened to the public.  The Board took a brief recess.

  2:57 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 matters of Elizabeth M. Hartranft, R.Ph., Bay Village and Todd R. Jaros, R.Ph., Westlake.

  6:42 p.m.

 

The hearing ended and the record was closed.

  6:50 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. Kost 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.

  7:40 p.m.

R-2003-095

The Executive Session ended and the meeting was opened to the public.  Mr. Braylock 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-021127-040)

 

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 JANUARY 7, 2003, 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

1.  Elizabeth M. Hartranft, R.Ph., Respondent

2.  Todd R. Jaros, R.Ph.

 

Respondent's Witnesses

None

 

 

State's Exhibits

1H.  Copy of Notice Of Opportunity For Hearing letter  [11-27-02]

1HA-1HC.  Procedurals

2.  Excerpt of Transcript of Proceedings in re Elizabeth M. Hartranft, R.Ph.  [10-15-02]

3.  Support Group Attendance Record re Betsy Hartranft  [12-08-00 to 02-05-01]

4.  Calendar page for December 2000

5.  Support Group Attendance Record re Betsy Hartranft  [05-26-01 to 07-14-01]

6.  Calendar pages for May 2001 and June 2001

7.  Support Group Attendance Record re Betsy Hartranft  [08-28-01 to 10-15-01]

8.  Calendar page for September 2001

9.  Support Group Attendance Record re Betsy Hartranft  [10-16-01 to 12-12-01]

10.  Calendar page for November 2001

11.  Lake County Crime Laboratory Report  [11-08-02], Forensic Document Examiner Qualifications of Andrew T. Szymanski  [01-03-03]

12.  Copy of Notarized Statement of Todd Jaros  [11-18-02]

13.  Copy of Notarized Statement of Elizabeth Hartranft  [11-19-02]

14.  Transcription of Interview with Todd Jaros, R.Ph.  [11-14-02]

15.  Transcription of Interview with Todd Jaros, R.Ph.  [11-18-02]

16.  Transcription of Interview with Elizabeth M. Hartranft, R.Ph.  [11-19-02]

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

18.  Copy of State Board of Pharmacy Order in re Elizabeth M. Hartranft, R.Ph.  [11-12-02]

19.  Copy of State Board of Pharmacy Settlement Agreement in re Todd R. Jaros, R.Ph.  [09-07-99]

20.  Copy of State Board of Pharmacy Order in re Todd R. Jaros, R.Ph.  [09-11-00]

21.  Support Group Attendance Records re Todd Jaros  [11-27-00 to 01-02-02]

22.  Support Group Attendance Record re Todd Jaros [05-20-99 to 06-02-99]

 

Respondent's Exhibits

None

 

 

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 Elizabeth M. Hartranft was originally licensed by the State of Ohio as a pharmacist on August 16, 1965, pursu­ant to examination.  Records further reflect that the Board summarily suspended Elizabeth M. Hartranft’s license to practice pharmacy on September 11, 2000, and that she requested a reinstatement hearing on March 25, 2002.  Elizabeth M. Hartranft’s reinstatement hearing was held on October 15, 2002, and the Order of the Board approving reinstatement was mailed and effective November 12, 2002.  Elizabeth M. Hartranft is currently on probation until January 6, 2008.

 

 

(2)  Elizabeth M. Hartranft did, on or about October 15, 2002, in an official proceed­ing, knowingly make a material, false statement under oath, to wit: in Elizabeth M. Hartranft’s reinstatement petition hearing, while under oath to tell the truth, Eliza­beth M. Hartranft lied about meeting attendance signature logs.  Such conduct is in violation of Section 2921.11 of the Ohio Revised Code.

 

 

(3)  Elizabeth M. Hartranft did, on or about October 15, 2002, with purpose to defraud, and/or knowing that she was facilitating a fraud, utter a writing that she knew to have been forged, to wit: during Elizabeth M. Hartranft’s reinstatement petition hearing, Elizabeth M. Hartranft presented, used, and displayed to the Board her recovery meet­ing attendance sheets which had been spuriously altered to make them purport to authenticate her attendance in a fashion which was not genuine.  Such conduct is in violation of Section 2913.31 of the Ohio Revised Code.

 

 

(4)  Elizabeth M. Hartranft did, on or about an unknown date in September, 2002, and again on October 15, 2002, knowing that an official proceeding was in progress or was about to be instituted, make, present, and/or use a document, knowing it to be false and with purpose to mislead a public official and/or with purpose to corrupt the out­come of the proceeding, to wit: Elizabeth M. Hartranft and another took Elizabeth M. Hartranft’s recovery meeting attendance sheets, intended for use as evidence at Elizabeth M. Hartranft’s upcoming reinstatement petition hearing, and altered them so as to mislead the Board in order to obtain reinstatement of her pharmacist license.  Such conduct is in violation of Section 2921.12 of the Ohio Revised Code.

 

 

(5)  Elizabeth M. Hartranft did, on or about October 15, 2002, commit fraud, mis­rep­re­sentation, and/or deception in applying for or securing a license under Chapter 4729. of the Ohio Revised Code, to wit: during Elizabeth M. Hartranft’s reinstatement petition hearing, Elizabeth M. Hartranft lied to the Board about her meeting attendance verifica­tion sheets and Elizabeth M. Hartranft submitted false documents to the Board.

 

 

CONCLUSIONS OF LAW

 

(1)  The State Board of Pharmacy concludes that paragraphs (2) through (5) of the Find­ings of Fact constitute being guilty of gross immorality as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code.

 

 

(2)  The State Board of Pharmacy concludes that paragraphs (2) through (5) of the Find­ings of Fact constitute being guilty of dishonesty and unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code.

 

 

(3)  The State Board of Pharmacy concludes that paragraphs (2) through (5) of the Find­ings of Fact constitute being guilty of committing fraud, misrepresentation, or decep­tion in applying for or securing a license or identification card issued by the Board under Chapter 4729. of the Revised Code as provided in Division (A)(10) 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 Elizabeth M. Hartranft:

 

 

(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. 03-3-08439, held by Elizabeth M. Hartranft effective as of the date of the mailing of this Order.

 

 

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

 

 

(B)  On the basis of the Findings of Fact and paragraph (3) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby imposes a monetary penalty of seventeen thousand dollars ($17,000.00) on Elizabeth M. Hartranft and payment of the monetary penalty is due and owing within thirty days of the mailing of this Order.  The remittance should be made payable to the “Treasurer, State of Ohio” and mailed with the enclosed form to the State Board of Pharmacy, 77 South High Street, Room 1702, Columbus, Ohio 43215-6126.

 

 

(C)  Further, after three years from the effective date of this Order, the Board will con­sider any petition filed by Elizabeth M. Hartranft 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:

 

 

(1)  Elizabeth M. Hartranft provides documentation of payment in full of the monetary penalty imposed by the Board in paragraph (B) above.

 

 

(2)  Elizabeth M. Hartranft must complete the Ethics and Professionalism CME Program at Case Western Reserve University.

 

 

(3)  Elizabeth M. Hartranft may not hold any position (officer or sponsor) in Pharmacists Rehabilitation Organization (PRO) or any other treatment pro­gram.

 

 

(4)  Elizabeth M. Hartranft must continue with her treatment plan as governed by her Board Order dated November 12, 2002, for recovery.

 

 

(5)  Elizabeth M. Hartranft is fit, in the opinion of the Board, to practice pharmacy.

 

 

(6)  Elizabeth M. Hartranft must comply 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.

 

 

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

 

 

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).

 

R-2003-096

Mr. Braylock then moved that the Board adopt the following Order in the matter of Todd R. Jaros, R.Ph.:

 

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-021127-041)

 

In The Matter Of:

 

TODD R. JAROS, R.Ph.

2011 Savannah Parkway

Westlake, Ohio 44145

(R.Ph. No. 03-1-18980)

 

 

INTRODUCTION

 

THE MATTER OF TODD R. JAROS CAME FOR HEARING ON JANUARY 7, 2003, 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.

 

 

TODD R. JAROS WAS REPRESENTED BY JOHN R. IRWIN, M.D. AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

 

SUMMARY OF EVIDENCE

State’s Witnesses

1.  Elizabeth M. Hartranft, R.Ph.

2.  Todd R. Jaros, R.Ph., Respondent

 

Respondent's Witnesses

None

 

 

State's Exhibits

1J.  Copy of Notice of Opportunity For Hearing letter  [11-27-02]

1JA-1JD.  Procedurals

2.  Excerpt of Transcript of Proceedings in re Elizabeth M. Hartranft, R.Ph.  [10-15-02]

3.  Support Group Attendance Record re Betsy Hartranft  [12-08-00 to 02-05-01]

4.  Calendar page for December 2000

5.  Support Group Attendance Record re Betsy Hartranft  [05-26-01 to 07-14-01]

6.  Calendar pages for May 2001 and June 2001

7.  Support Group Attendance Record re Betsy Hartranft  [08-28-01 to 10-15-01]

8.  Calendar page for September 2001

9.  Support Group Attendance Record re Betsy Hartranft  [10-16-01 to 12-12-01]

10.  Calendar page for November 2001

11.  Lake County Crime Laboratory Report  [11-08-02], Forensic Document Examiner Qualifications of Andrew T. Szymanski  [01-03-03]

12.  Copy of Notarized Statement of Todd Jaros  [11-18-02]

13.  Copy of Notarized Statement of Elizabeth Hartranft  [11-19-02]

14.  Transcription of Interview with Todd Jaros, R.Ph.  [11-14-02]

15.  Transcription of Interview with Todd Jaros, R.Ph.  [11-18-02]

16.  Transcription of Interview with Elizabeth M. Hartranft, R.Ph.  [11-19-02]

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

18.  Copy of State Board of Pharmacy Order in re Elizabeth M. Hartranft, R.Ph.  [11-12-02]

19.  Copy of State Board of Pharmacy Settlement Agreement in re Todd R. Jaros, R.Ph.  [09-07-99]

20.  Copy of State Board of Pharmacy Order in re Todd R. Jaros, R.Ph.  [09-11-00]

21.  Support Group Attendance Records re Todd Jaros  [11-27-00 to 01-02-02]

22.  Support Group Attendance Record re Todd Jaros [05-20-99 to 06-02-99]

 

Respondent's Exhibits

None

 

 

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 Todd R. Jaros was origi­nally licensed by the State of Ohio as a pharmacist on July 29, 1991, pursuant to examina­tion, and is currently licensed to practice pharmacy in Ohio.  Records further reflect that the Board previously suspended Todd R. Jaros’ license on Sep­tember 7, 1999, and the Board approved reinstatement on September 11, 2000. Todd R. Jaros is currently on probation until October 5, 2005.

 

 

(2)  Todd R. Jaros did, on or about October 15, 2002, with purpose to defraud, and/or knowing that he was facilitating a fraud, forge a writing, to wit: in prepara­tion for Elizabeth Hartranft's reinstatement petition hearing, Todd R. Jaros prepared a docu­ment for Elizabeth Hartranft to present, use, and display to the Board regard­ing her recovery meeting attendance sheets, which Todd R. Jaros spuriously altered to make them purport to authenticate Elizabeth Hartranft’s attendance in a fashion which was not genuine.  On or about an unknown date in September, 2002, Todd R. Jaros had originally forged the document.  Further, Todd R. Jaros encouraged Elizabeth Hartranft to use the documents.  Such conduct is in violation of Sections 2913.31 and 2923.03 of the Ohio Revised Code.

 

 

(3)  Todd R. Jaros did, on or about an unknown date in September, 2002, and again on October 15, 2002, knowing that an official proceeding was in progress or was about to be instituted, make, present, and/or use a document, knowing it to be false and with purpose to mislead a public official and/or with purpose to corrupt the outcome of the proceeding, to wit: Todd R. Jaros took Elizabeth Hartranft's re­covery meeting atten­dance sheets, intended for use as evidence at her upcoming reinstatement petition hearing, and altered them so as to mislead the Board to obtain reinstatement of her pharmacist license.  Such conduct is in violation of Sec­tion 2921.12 of the Ohio Re­vised Code.

 

 

(4)  Todd R. Jaros did, on or about October 15, 2002, commit fraud, misrepre­sen­ta­tion, and/or deception in applying for or securing a license under Chapter 4729. of the Ohio Revised Code, to wit: in preparation for and during Elizabeth Hartranft's reinstatement petition hearing, Todd R. Jaros helped Elizabeth Hartranft prepare to deceive the Board about her meeting attendance verification sheets, and Todd R. Jaros prepared the false documents for Elizabeth Hartranft to present to the Board.

 

 

(5)  Todd R. Jaros did, on or about October 15, 2002, in an official proceeding, know­ingly make a material, false statement under oath, to wit: in Elizabeth Hartranft's rein­statement petition hearing, while under oath to tell the truth, Todd R. Jaros lied about Elizabeth Hartranft’s meeting attendance signature logs.  Such conduct is in violation of Section 2921.11 of the Ohio Revised Code.

 

 

(6)  Todd R. Jaros did, on or about November 14, 2002, with purpose to hinder the discovery or prosecution of another for a crime, or to assist another to benefit from the commission of a crime, communicate false information to a Board agent, to wit: after forging documents and aiding and abetting Elizabeth Hartranft to commit the crimes of forgery, perjury, and tampering with evidence, Todd R. Jaros lied to Board agents who were investigating the matter.  Such conduct is in violation of Section 2921.32 of the Ohio Revised Code.

 

 

(7)  Todd R. Jaros did, on or about November 14, 2002, knowingly make a false state­ment with purpose to mislead a public official in performing his official function, to wit: Todd R. Jaros lied to Board agents, who were investigating a mat­ter, with purpose to divert their attention away from both himself and Elizabeth Hartranft.  Such conduct is in violation of Section 2921.13 of the Ohio Revised Code.

 

 

CONCLUSIONS OF LAW

 

(1) The State Board of Pharmacy concludes that paragraphs (2) through (7) of the Find­ings of Fact constitute being guilty of gross immorality as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code.

 

 

(2) The State Board of Pharmacy concludes that paragraphs (2) through (7) of the Find­ings of Fact constitute being guilty of dishonesty and unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code.

 

 

(3) The State Board of Pharmacy concludes that paragraphs (2) through (7) of the Find­ings of Fact constitute being guilty of committing fraud, misrepresentation, or decep­tion in applying for or securing a license or identification card issued by the Board under Chapter 4729. of the Revised Code as provided in Division (A)(10) 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 Todd R. Jaros:

 

 

(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. 03-1-18980, held by Todd R. Jaros effective as of the date of the mailing of this Order.

 

 

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

 

 

(B)  On the basis of the Findings of Fact and paragraph (3) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby imposes a monetary penalty of nineteen thousand five hundred dollars ($19,500.00) on Todd R. Jaros and payment of the monetary penalty is due and owing within thirty days of the mailing of this Order.  The remittance should be made payable to the “Treasurer, State of Ohio” and mailed with the enclosed form to the State Board of Pharmacy, 77 South High Street, Room 1702, Columbus, Ohio 43215-6126.

 

 

(C)  Further, after three years from the effective date of this Order, the Board will con­sider any petition filed by Todd R. Jaros 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:

 

 

(1)  Todd R. Jaros must provide documentation of payment in full of the mone­tary penalty imposed by the Board in paragraph (B) above.

 

 

(2)  Todd R. Jaros must complete the Ethics and Professionalism CME Pro­gram at Case Western Reserve University.

 

 

(3)  Todd R. Jaros may not hold any position (officer or sponsor) in Pharma­cists Rehabilitation Organization (PRO) or any other treatment pro­gram.

 

 

(4)  Todd R. Jaros must continue with his treatment plan as governed by his Board Order dated September 11, 2000, for recovery.

 

 

(5)  Todd R. Jaros is fit, in the opinion of the Board, to practice pharmacy.

 

 

(6)  Todd R. Jaros must comply 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.

 

 

(7)  Todd R. Jaros must comply with the terms of this Order.

 

 

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).

 

R-2003-097

Mr. Braylock moved that the Board approve the settlement agreement offered in the matter of Wei L. Jin, R.Ph. as revised by the Board.  The settlement agreement is to become final upon the signature of the Board President.  The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).

  7:50 p.m.

 

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

 

PER DIEM

 

12/13

01/06

01/07

Total

Adelman

 

-

1

1

2

Braylock

 

1

1

1

3

Eastman

 

-

1

1

2

Giacalone

 

1

1

1

3

Gregg

 

1

1

1

3

Kost

 

-

1

1

2

Lipsyc

 

-

1

1

2

Teater

 

-

1

1

2

Turner

 

-

1

1

2

 

 

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

  7:51 p.m.

 

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

 

 

THE BOARD APPROVED THESE MINUTES

FEBRUARY 5, 2003