Minutes Of The Meeting

Ohio State Board of Pharmacy

February 4 & 5, 2003

 

TUESDAY, FEBRUARY 4, 2003

 

  8:00 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); Gregory Braylock, R.Ph.; Suzanne R. Eastman, R.Ph.; Elizabeth I. Gregg, R.Ph.; Lawrence J. Kost, R.Ph.; Nathan S. Lipsyc, R.Ph.; Dorothy S. Teater, Public Mem­ber; and James E. Turner, R.Ph.

 

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

 

A brief discussion was held regarding the packaging instructions to pharmacists con­tained in the Temodar package insert.  No official action by the Board was needed on this subject at this time.

  8:10 a.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 Ms. Eastman and a roll call vote was conducted by President Adelman as follows: Braylock-Yes, Eastman-Yes, Gregg-Yes, Kost-Yes, Lipsyc-Yes, Teater-Yes, and Turner-Yes.

  8:15 a.m.

Board member Robert Giacalone arrived and joined the Executive Session in progress.

  8:43 a.m.

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

  9:09 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 Heather Marie Heidorn, Toledo.

10:45 a.m.

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

10:59 a.m.

The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of creating a record in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of Daniel Paul Ruth, R.Ph., Mountain View, Hawaii.

11:12 a.m.

The record in the matter of Daniel Paul Ruth, R.Ph. was closed.

11:15 a.m.

The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of creating a record in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of Fadi Ahmad Sobh, Dearborn, Michigan.

11:43 a.m.

The record in the matter of Fadi Ahmad Sobh was closed.

11:44 a.m.

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. 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.

12:02 p.m.

R-2003-099     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 Fadi Ahmad Sobh:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-021210-046)

 

In The Matter Of:

 

FADI AHMAD SOBH

5908 Williamson

Dearborn, Michigan 48126

 

INTRODUCTION

 

THE MATTER OF FADI AHMAD SOBH CAME FOR CONSIDERATION ON FEBRUARY 4, 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.

 

FADI AHMAD SOBH WAS NOT PRESENT NOR WAS HE REPRESENTED BY COUNSEL AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

SUMMARY OF EVIDENCE

State’s Witnesses

1.  Robert Cole, Ohio State Board of Pharmacy

 

Respondent's Witnesses

None

 

State's Exhibits

1.  Proposal to Deny/Notice of Opportunity for Hearing  [12-10-02]

2.  Application For Examination As A Pharmacist submitted by Fadi Ahmad Sobh  [10-28-02]

3.  Amended Proposal For Decision, In the Matter of: Bureau of Health Services v. Fadi Ahmad Sobh, R.Ph., Docket No. 2000-1555, Agency No. 53-99-1998-00, Michigan Department of Consumer & Industry Services, Bureau of Hearings  [03-28-01]

4.  Disciplinary Subcommittee’s Findings of Fact and Conclusions of Law, In the Matter of: Fadi Ahmad Sobh, R.Ph., Docket No. 2000-1555, File No. 53-99-1998-00, Michigan De­partment of Consumer & Industry Services, Board of Pharmacy Disciplinary Subcommittee  [12-19-01]

5.  Final Order, In the Matter of: Fadi Ahmad Sobh, R.Ph., Docket No. 2000-1555, File No. 53-99-1998-00, Michigan Department of Consumer & Industry Services, Board of Phar­macy Disciplinary Subcommittee  [01-18-02]

6.  Motion For Stay of Order, State of Michigan Dept. of Consumer and Industry Services, Board of Pharmacy Disciplinary Subcommittee sv. Fadi Ahmad Sobh, R.Ph., Lower Court Docket No. 2000-1555, File No. 53 99 1998 00  [02-04-02]

 

Respondent's Exhibits

None

 

FINDINGS OF FACT

 

After having heard the testimony, observed the demeanor of the witness, considered the evidence, and weighed the credibility of each, the State Board of Pharmacy finds the follow­ing to be fact:

 

(1)  On December 10, 2002, Fadi Ahmad Sobh was notified by letter of his right to a hearing, his rights in such hearing, and his right to submit his contentions in writing.

 

(2)  As demonstrated by return receipt dated December 12, 2002, Fadi Ahmad Sobh received the letter of December 10, 2002, informing him of the evidence to propose to deny the Application For Examination As A Pharmacist, and his rights.

 

(3)  Fadi Ahmad Sobh has not responded in any manner to the letter of December 10, 2002, and has not requested a hearing in this matter.

 

(4)  Records of the Ohio Board of Pharmacy indicate that Fadi Ahmad Sobh submit­ted an Application For Examination As A Pharmacist on or about October 28, 2002.

 

(5)  Fadi Ahmad Sobh was, on or about January 18, 2002, disciplined by the Michigan Board of Pharmacy, to wit: after having failed the examination to become a pharmacist in Michigan on three occasions, the Michigan Board of Pharmacy denied Fadi Ahmad Sobh the right to become registered as a pharmacist when it found that Fadi Ahmad Sobh had an imposter take his fourth examination for him.  Such action by the Michigan Board of Pharmacy indicates that Fadi Ahmad Sobh is not of good moral character and habits within the meaning of Section 4729.08 of the Ohio Revised Code and Rule 4729-5-04 of the Ohio Administrative Code; and/or that Fadi Ahmad Sobh has been disciplined by another board of pharmacy within the meaning of Rule 4729-5-04 of the Ohio Administrative Code.

 

CONCLUSIONS OF LAW

 

(1)  The State Board of Pharmacy concludes that paragraph (5) of the Findings of Fact constitutes not being of good moral character and habits as provided in para­graph (C) of Rule 4729-5-04 of the Ohio Administrative Code.

 

(2)  The State Board of Pharmacy concludes that paragraph (5) of the Findings of Fact constitutes having been disciplined by any board of pharmacy as provided in para­graph (F) of Rule 4729-5-04 of the Ohio Administrative Code.

 

DECISION OF THE BOARD

 

Pursuant to Section 4729.08 of the Ohio Revised Code, and after consideration of the record as a whole, the Ohio Board of Pharmacy hereby refuses to grant a license and, therefore, denies the Application for Examination As A Pharmacist submitted by Fadi Ahmad Sobh on October 28, 2002.

 

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

MOTION CARRIED.

SO ORDERED.

 

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

 

R-2003-100     Mr. Turner then moved that the Board adopt the following Order in the matter of Daniel Paul Ruth, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-021205-042)

 

In The Matter Of:

 

DANIEL PAUL RUTH, R.Ph.

General Delivery

Mountain View, Hawaii 96771

(R.Ph. No. 03-3-11660)

 

INTRODUCTION

 

THE MATTER OF DANIEL PAUL RUTH CAME FOR CONSIDERATION ON FEBRUARY 4, 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.

 

DANIEL PAUL RUTH WAS NOT PRESENT NOR WAS HE REPRESENTED BY COUNSEL AND THE

 

SUMMARY OF EVIDENCE

State’s Witnesses

1.  Mike Cluxton, Ohio State Board of Pharmacy

 

Respondent's Witnesses

None

 

State's Exhibits

1.  Copy of Notice of Opportunity for Hearing letter  [12-05-02]

1A.  Ohio Pharmacist Computer Record of Daniel Paul Ruth

2.  Rx #4422515 - Alprazolam 1 mg  [09-10-01]

3.  Notarized Statement of Mark Thomas, M.D.  [11-14-01]

4.  Notarized Statement of David Baker  [09-30-02]

5. 

 

Respondent's Exhibits

None

 

FINDINGS OF FACT

 

After having heard the testimony, observed the demeanor of the witness, considered the evidence, and weighed the credibility of each, the State Board of Pharmacy finds the following to be fact:

 

(1)  On December 5, 2002, Daniel Paul Ruth was notified by letter of his right to
a hearing, his rights in such hearing, and his right to submit any contentions in writing.

 

(2)  As demonstrated by return receipt dated December 14, 2002, Daniel Paul Ruth did receive the letter of December 5, 2002, informing him of the allegations against him, and his rights.

 

(3)  Daniel Paul Ruth has not responded in any manner to the letter of December 5, 2002, and has not requested a hearing in this matter.

 

(4)  Records of the State Board of Pharmacy indicate that Daniel Paul Ruth was origi­nally licensed by the State of Ohio as a pharmacist on August 4, 1976, pursuant to examination, and is currently licensed to practice pharmacy in Ohio.

 

(5)  Daniel Paul Ruth did, on or about September 10, 2001, intentionally make and/or knowingly possess a false or forged prescription, to wit: Daniel Paul Ruth telephoned a physician to request authorization for Rx #4422515; when the physician would only authorize a portion of what he requested, Daniel Paul Ruth falsified the prescription in both amount and number of refills.  Such conduct is in violation of Section 2925.23 of the Ohio Revised Code

 

(6)  Daniel Paul Ruth did, on or about September 10, 2001, knowingly obtain or exert control over dangerous drugs, the property of K-Mart Pharmacy, by deception, to wit: Daniel Paul Ruth forged Rx #4422515 for ninety doses of Xanax, a Schedule IV controlled substance, with a refill, when only forty-two doses had been authorized, and he only partially paid for the drugs.  Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

 

(7)  Daniel Paul Ruth did, on or about September 10, 2001, knowingly sell a controlled substance when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: without a valid prescription, Daniel Paul Ruth sold ninety doses of Xanax 1 mg, a Schedule IV controlled substance, when only forty-two doses had been authorized by the prescriber.  Such conduct is in violation of Section 2925.03 of the Ohio Revised Code.

 

CONCLUSIONS OF LAW

 

(1) The State Board of Pharmacy concludes that paragraphs (5) through (7) of the Findings of Fact constitute being guilty of dishonesty and unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code.

 

(2) The State Board of Pharmacy concludes that paragraphs (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 Chapter 2925. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

 

DECISION OF THE BOARD

 

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

 

(A)  On the basis of the Findings of Fact and Conclusions of Law set forth above, the State Board of Pharmacy hereby suspends indefinitely the pharmacist identification card, No. 03-3-11660, held by Daniel Paul Ruth and such suspension is effective as of the date of the mailing of this Order.

 

(1)  Daniel Paul Ruth, 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)  Daniel Paul Ruth, 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)  Further, the Board will consider reinstatement provided that Daniel Paul Ruth appears before the State Board of Pharmacy.  If reinstatement is not accomplished within three years of the effective date of this Order, Daniel Paul Ruth must show, at the time of his appearance before the Board, successful completion of the NAPLEX examination or an equivalent examination approved by the Board.

 

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

MOTION CARRIED.

SO ORDERED.

 

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

12:05 p.m.

The Board recessed for lunch.

  1:30 p.m.

With all members present, the Board convened 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.

 

R-2003-101     Following presentations by Board members and self-introductions by the candidates for licensure by reciprocity, Mr. Turner moved that the Board approve the following candi­dates for licensure.  The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

 

ARKO ANDOH

03-3-25610

VIRGINIA

GERARD JOSEPH BARNES

03-3-25603

OREGON

LISA LYNN CHESEBRO

03-3-25571

NEW YORK

BARBARA LYNNE CHEW

03-3-25602

INDIANA

SARA KNIGHT

03-3-25615

WEST VIRGINIA

CHRISTOPHER E. PITCHER

03-3-25611

ARIZONA

CHARLENE R. TESTA

03-3-25518

COLORADO

TU-ANH CHAU TRUONG

03-3-25609

WASHINGTON

  1:54 p.m.

The Board reconvened in Room West-B&C to continue the Board meeting.  Mr. Rowland announced that the following settlement agreements had been signed by all parties and were now effective:

 

R-2003-102                              SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-030108-050)

 

In The Matter Of:

 

MICHAEL DECHRISTOFARO, R.Ph.

568 Milowebb Drive

Crossville, Tennessee 38572

(R.Ph. No. 03-1-10915)

 

This Settlement Agreement is entered into by and between Michael DeChristofaro 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.

 

Michael DeChristofaro 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.

 

Michael DeChristofaro is knowingly and voluntarily acknowledging that, in order to settle possible disciplinary charges and in order to obviate the need to conduct an administrative hearing to consider possible disciplinary sanctions against Michael DeChristofaro’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:

 

(1)  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.

 

(2)  Records of the Board of Pharmacy indicate that Michael DeChristofaro was originally licensed in the State of Ohio on July 30, 1974, pursuant to examination, and is currently licensed to practice pharmacy in the State of Ohio.

 

(3)  Michael DeChristofaro is addicted to liquor and drugs, to wit: Michael DeChristofaro has admitted to the Tennessee State Board of Pharmacy, and to an Agent with the Ohio State Board of Pharmacy, that he has an addiction problem with alcohol and narcotic drugs.  Michael DeChristofaro voluntarily surrendered his license to practice pharmacy in the State of Tennessee and voluntarily admitted himself into the Cornerstone of Recovery Treatment Center.  Such conduct indicates that Michael DeChristofaro falls within the ambit of Sections 3719.121 and 4729.16(A)(3) of the Ohio Revised Code.

 

(4)  On or about December 31, 2001, Michael DeChristofaro signed a Consent Order, surrendering his license, with The Tennessee State Board of Pharmacy which deemed his license revoked.

 

(5)  On or about  July 31, 2002, The Tennessee State Board of Pharmacy reinstated Michael DeChristofaro’s license to practice pharmacy, placing Michael DeChristofaro on probation for ten years.  Michael DeChristofaro must comply with all terms and conditions of the extended aftercare contract with the Tennessee Pharmacists’ Recovery Network.

 

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

 

(1)      Michael DeChristofaro must maintain compliance with his Tennessee sanctioned recovery and his fitness to continue his practice of pharmacy.

 

(2)      Michael DeChristofaro must inform the Ohio State Board of Pharmacy if he plans to return to Ohio to practice pharmacy in Ohio.

 

If, in the judgment of the Board, Michael DeChristofaro appears to have violated or breached any terms or conditions of this Agreement, the Ohio State Board of Pharmacy reserves the right to, at any time, revoke probation, modify the conditions of probation, and reduce or extend the period of probation, and/or the Board may institute formal disciplinary proceedings for any and all possible violations or breaches, including but not limited to, alleged violation of the laws of Ohio occurring before the effective date of this Agreement.

 

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

 

Michael DeChristofaro 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. Michael DeChristofaro waives any rights of appeal pursuant to Chapter 119. of the Ohio Revised Code.

 

In the event the Board, in its discretion, does not adopt this Agreement as its Adjudication, this settlement offer is withdrawn and shall be of no evidentiary value and shall not be relied upon or introduced in any disciplinary action or appeal by either party.  NAME [sic Michael DeChristofaro] agrees that should the Board reject this Agreement and if this case proceeds to hearing, he will assert no claim that the Board was prejudiced by its review and discussion of this Agreement or of any information relating thereto.

 

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/          Michael DeChristofaro

 

/d/     1–29–03

Michael DeChristofaro, Respondent

 

Date of Signature

 

 

 

/s/          Diane C. Adelman

 

/d/      2/4/03

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

 

Date of Signature

 

 

 

/s/          Sally Ann Steuk

 

/d/      2–4–03

Sally Ann Steuk, Ohio Assistant Attorney General

 

Date of Signature

 

R-2003-103                              SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-020913-016)

 

In The Matter Of:

 

WEI L. JIN, R.Ph.

5675 Moorgate Drive

Columbus, Ohio 43235

(R.Ph. No. 03-3-24018)

 

This Settlement Agreement is entered into by and between Wei L. Jin 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.

 

Wei L. Jin enters into this Agreement being fully informed of her 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.

 

Wei L. Jin is knowingly and voluntarily acknowledging that, in order to settle the disciplinary charges that have been filed by the Board against her and in order to obviate the need to conduct an administrative hearing to consider possible disciplinary sanctions against Wei L. Jin’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:

 

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.

 

Whereas, on or about September 13, 2002, pursuant to Chapter 119. of the Ohio Revised Code, Wei L. Jin was notified of the allegations or charges against her, her right to a hearing, her rights in such hearing, and her right to submit contentions in writing.  Further, a hearing was scheduled by the Board. The Notice of Opportunity for Hearing contains the following allegations or charges:

 

(1)      Records of the Board of Pharmacy indicate that you were originally licensed in the State of Ohio on May 3, 2000, pursuant to examination, and are currently licensed to practice pharmacy in the State of Ohio.

 

(2)      You did, on or about November 9, 2001, misbrand a drug, to wit: when you received a prescription for Prilosec 20 mg, prescription #6982096, you dispensed Prozac 20 mg, which had not been prescribed by the physician.  The patient was subsequently harmed.  Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code, and if proven constitutes unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code.

 

(3)      You did, on or about November 9, 2001, fail to offer counseling to the patient, to wit: when dispensing medication to a patient pursuant to prescription #6982096, you failed to offer patient counseling.  Such conduct is in violation of Rule 4729-5-22 of the Ohio Administrative Code, and if proven constitutes being guilty of unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code.

 

(4)      You did, on or about November 9, 2001, fail to perform prospective drug utiliza­tion review, to wit: when dispensing prescription #6982096, you failed to review the original prescription and/or refill information for over-utilization, incorrect drug dosage and duration of drug treatment, and misuse; and you failed to offer patient counseling.  Such conduct is in violation of Rules 4729-5-20 and 4729-
5-22 of the Ohio Administrative Code, and if proven constitutes being guilty of unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code.

 

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

 

(1)      Wei L. Jin agrees to the imposition of a monetary penalty of Two Hundred and Fifty  dollars ($250.00) due and owing within thirty days from the effective date of this Agreement.  Checks should be made payable to the "Treasurer, State of Ohio" and mailed with the enclosed forms to the State Board of Pharmacy, 77 South High Street, 17th Floor, Columbus, Ohio 43266-0320

 

(2)      In addition to any and all other Continuing Education requirements, Wei L. Jin agrees to attend 4.0 contact hours of continuing education, completed by Sep­tember 30, 2003, from the following choices:  Preventing Medication Errors, Pharmacia Corporation; Medication Errors In the Community Pharmacy, Glaxo­SmithKline; Pharmacy Practice In A Changing Professional Environment, Drug Store News; Patient Counseling: Legal Considerations; Wyeth-Ayerst Laboratories; Counseling On New Drugs; University of Kansas School of Pharmacy; Using Com­munications Skills to Improve Healthcare, ESI Lederle-Wyeth-Ayerst Laboratories; and The Ever Expanding Responsibilities of Pharmacists: Due Care, Duty to Warn and the Duty to Refuse to Fill Prescriptions, Temple University School of Phar­macy.

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

 

Wei L. Jin waives any and all claims or causes of action she 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.  Wei L. Jin waives any rights of appeal pursuant to Chapter 119. of the Ohio Revised Code.

 

In the event the Board, in its discretion, does not adopt this Agreement as its Adjudication, this settlement offer is withdrawn and shall be of no evidentiary value and shall not be relied upon or introduced in any disciplinary action or appeal by either party.  Wei L. Jin agrees that should the Board reject this Agreement and if this case proceeds to hearing, she will assert no claim that the Board was prejudiced by its review and discussion of this Agree­ment or of any information relating thereto.  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/          Wei L. Jin

 

/d/     1/28/03

Wei L. Jin, Respondent

 

Date of Signature

 

 

 

/s/          Eugene F. McShane

 

/d/ January 31, 2003

Eugene F. McShane, Attorney for Respondent

 

Date of Signature

 

 

 

/s/          Diane C. Adelman

 

/d/      2/4/03

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

 

Date of Signature

 

 

 

/s/          Sally Ann Steuk

 

/d/      2–4–03

Sally Ann Steuk, Ohio Assistant Attorney General

 

Date of Signature

 

R-2003-104                              SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-020912-014)

 

In The Matter Of:

 

CYNTHIA ANN MUSSON, R.Ph.

2562 Pimlico Court

Powell, Ohio 43065

(R.Ph. No. 03-3-16009)

 

This Settlement Agreement is entered into by and between Cynthia Ann Musson 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.

 

Cynthia Ann Musson enters into this Agreement being fully informed of her 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.

 

Cynthia Ann Musson is knowingly and voluntarily acknowledging that, in order to settle the disciplinary charges that have been filed by the Board against her and in order to obviate the need to conduct an administrative hearing to consider possible disciplinary sanctions against Cynthia Ann Musson’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:

 

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.

 

Whereas, on or about September 12, 2002, pursuant to Chapter 119. of the Ohio Revised Code, Cynthia Ann Musson was notified of the allegations or charges against her, her right to a hearing, her rights in such hearing, and her right to submit contentions in writing.  Further, a hearing was scheduled by the Board. The Notice of Opportunity for Hearing contains the following allegations or charges:

 

(1)      Records of the Board of Pharmacy indicate that you were originally licensed in the State of Ohio on August 2, 1985, pursuant to examination, and are currently licensed to practice pharmacy in the State of Ohio.

 

(2)      You did, on or about February 26, 2002, misbrand a drug, to wit:  when you received a prescription for 30 tablets of imipramine 25 mg, prescription #361880, you dispensed 30 tablets of indapamide 2.5 mg, which had not been prescribed by the physician.  Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code, and if proven constitutes unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code.

 

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

 

(1)      Pursuant to Sections 4729.16 and 4729.25(B), Cynthia Ann Musson is hereby reprimanded for the aforementioned violations of rules and/or laws.

 

(2)      In addition to any and all other Continuing Education requirements, Cynthia Ann Musson agrees to attend 2.0 hours of continuing education within one year of the effective date of this agreement for preventing prescription errors in a retail pharmacy.

 

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

 

Cynthia Ann Musson waives any and all claims or causes of action she 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.  Cynthia Ann Musson waives any rights of appeal pursuant to Chapter 119. of the Ohio Revised Code.

 

In the event the Board, in its discretion, does not adopt this Agreement as its Adjudication, this settlement offer is withdrawn and shall be of no evidentiary value and shall not be relied upon or introduced in any disciplinary action or appeal by either party.  Cynthia Ann Musson agrees that should the Board reject this Agreement and if this case proceeds to hearing, she will assert no claim that the Board was prejudiced by its review and discussion of this Agreement or of any information relating thereto.

 

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/          Cynthia Ann Musson

 

/d/     1/31/03

Cynthia Ann Musson, Respondent

 

Date of Signature

 

 

 

/s/          David W. Grauer

 

/d/      1–31–03

David W. Grauer, Attorney for Respondent

 

Date of Signature

 

 

 

/s/          Diane C. Adelman

 

/d/      2/4/03

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

 

Date of Signature

 

 

 

/s/          Sally Ann Steuk

 

/d/      2–4–03

Sally Ann Steuk, Ohio Assistant Attorney General

 

Date of Signature

 

R-2003-105                              SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-020912-015)

 

In The Matter Of:

 

CHESTER LEE PARKER, R.Ph.

818 Watten Lane

Westerville, Ohio 43081

(R.Ph. No. 03-2-24947)

 

This Settlement Agreement is entered into by and between Chester Lee Parker 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.

 

Chester Lee Parker 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.

 

Chester Lee Parker 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 Chester Lee Parker’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:

 

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.

 

Whereas, on or about September 12, 2002, pursuant to Chapter 119. of the Ohio Revised Code, Chester Lee Parker was notified of the allegations or charges against him, his right
to a hearing, his rights in such hearing, and his right to submit contentions in writing.  Further, a hearing was scheduled by the Board.  The Notice of Opportunity for Hearing contains the following allegations or charges:

 

(1)      Records of the Board of Pharmacy indicate that you were originally licensed in the State of Ohio on September 18, 2001, pursuant to reciprocity, and are currently licensed to practice pharmacy in the State of Ohio.

 

(2)      You did, on or about February 27, 2002, fail to perform patient counseling, and/or prospective drug utilization review; to wit:  after prescription #361880 had been dispensed to a patient and the patient called to ask questions, you failed to review the original prescription and/or refill information for over-utilization, incorrect drug dosage and duration of drug treatment, and/or misuse; and you failed to offer or otherwise perform patient counseling.  The patient had been prescribed 30 tablets of imipramine 25 mg, but was dispensed 30 tablets of indapamide 2.5 mg.  When the patient came to the pharmacy to inquire about the wrong drug, you looked at the medication in the bottle and then simply dismissed the inquiry by stating "high blood pressure can cause bladder control problems,” even though you had the knowledge, resources, and capability to correct the error and prevent patient harm.  Such conduct is in violation of Rules 4729-5-20 and 4729-5-22 of the Ohio Administrative Code, and if proven constitutes being guilty of unprofessional conduct in the practice of pharmacy and/or willfully violating
a rule of the Board within the meaning of Section 4729.16 of the Ohio Revised Code.

 

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

 

(1)      Pursuant to Sections 4729.16 and 4729.25(B), Chester Lee Parker is hereby reprimanded for the aforementioned violations of rules and/or laws.

 

(2)      In addition to any and all other Continuing Education requirements, Chester Lee Parker agrees to attend 1.0 hours of continuing education within one year of the effective date of this agreement for preventing prescription errors in a retail phar­macy.

 

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

 

Chester Lee Parker 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.  Chester Lee Parker waives any rights of appeal pursuant to Chapter 119. of the Ohio Revised Code.

 

In the event the Board, in its discretion, does not adopt this Agreement as its Adjudication, this settlement offer is withdrawn and shall be of no evidentiary value and shall not be relied upon or introduced in any disciplinary action or appeal by either party.  Chester Lee Parker agrees that should the Board reject this Agreement and if this case proceeds to hear­ing, he will assert no claim that the Board was prejudiced by its review and discussion of this Agreement or of any information relating thereto.

 

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/          Chester Lee Parker

 

/d/     01/31/2003

Chester Lee Parker, Respondent

 

Date of Signature

 

 

 

/s/          David W. Grauer

 

/d/      1/3/03

David W. Grauer, Attorney for Respondent

 

Date of Signature

 

 

 

/s/          Diane C. Adelman

 

/d/      2/4/03

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

 

Date of Signature

 

 

 

/s/          Sally Ann Steuk

 

/d/      2–4–03

Sally Ann Steuk, Ohio Assistant Attorney General

 

Date of Signature

 

The Board was joined by representatives from Medical Practice Solutions, LLC (MPS) who requested an exemption to Rule 4729-5-10 (Pick-up station) so that patient-specific drugs and supplies for patients receiving chemotherapy could be delivered to various clinics where the drugs would be prepared and administered to patients.  This request was taken under consideration by the Board pending further discussion.

 

The Board was next joined by representatives of Kroger who presented a request for Board approval of their immunization training program.  After discussion with the Kroger representatives present, this request was taken under consideration by the Board pend­ing further discussion.

  2:27 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.

  2:35 p.m.

R-2003-106     The Executive Session ended and the meeting was opened to the public.  Mr. Braylock moved that the Board deny the continuance request received in the matter of David Leasure, R.Ph.  The motion was seconded by Mr. Turner and approved by the Board (Aye-8/Nay-0).  The Board took a brief recess.

  2:46 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 Gregory Scott Mills, R.Ph., Gove City.

  5:43 p.m.

The hearing ended and the record was closed.

  5:45 p.m.

The meeting was recessed until Wednesday, February 5, 2003.

 

 

wednesday, february 5, 2003

 

  8:01 a.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.

 

R-2003-107     The Board reviewed the lists of individuals who were recommended for inclusion on the 2003 Ad Hoc Committee on Rule Review and the committee to consider the rules needed as a result of the Drug Repository Bill (HB 221).  President Adelman appointed Ms. Eastman and Mrs. Teater to serve as the Board members on the HB 221 committee, with Ms. Eastman serving as the chairperson.  After discussion, Mrs. Gregg moved that the following individuals be appointed to each committee.  The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).

 

2003 Ad Hoc Committee on Rule Review

Robert Giacalone, R.Ph. (Chair):  Board Member

Nathan Lipsyc, R.Ph.:  Board Member

Louis Barone, R.Ph.:  OSHP/Cleveland Clinic

Karen Beard, R.Ph.:  Novation Service Delivery

Donald Berlin, R.Ph.:  OSHP/Mary Rutan Hospital

Rachel Bihn, R.Ph.:  OPA/Kroger Pharmacy

Bonita Caw, R.Ph.:  OPA/Northside Maysville Pharmacy

Kevin Hornbeck, D.O.:  OOA

James Kirby, R.Ph.:  Kroger Pharmacy

Deborah Lange, R.Ph.:  OPA/Target

Jack Lemanowicz, R.Ph.:  OSHP/Marymount Hospital

Stephanie Peshek, R.Ph.:  OSHP/Summa Health Systems Hospital

Robert Wagonblott, R.Ph.:  OPA/Meijer Pharmacy

 

2003 Ad Hoc Committee on H.B. 221 (Drug Repository) Rules

Suzanne Eastman, R.Ph. (Chair):  Board Member

Dorothy Teater:  Board Member

Gregory Braylock, Board Member

Verna Riffe Biemel:  Dir. of External Affairs for Free Clinics of Greater Cleveland

Kevin Fearon, R.Ph.:  OPA, Neighborcare of Broadview Hts.

Edward Finn, R.Ph.:  OPA, CVS/Columbus Neighborhood Health Centers

Laura Hall, R.Ph.:  OPA, OSU Clinics

Martha Hill, R.Ph.:  OPA, Riverside Med. Building Pharmacy and Charitable Services

Dan Keeney:  GlaxoWellcome/Pharma

Patrick Londergan:  Ohio Department of Health

Christine Murphy, R.Ph.:  OPA, OSU/Church 

Suzanne Neuber, R.Ph.:  OPA, Omnicare of Perrysburg

Amy Rohling:  Ohio Association of Free Clinics

Joe Sabino, R.Ph.:  OPA, NCS Healthcare/Hilliard

Jan Scaglione, R.Ph.:  OSHP, Cincinnati Children’s Hospital Medical Center

Ronald Smetana, R.Ph.:  OSHP, Barberton Citizens Hosp.-Cancer Ctr. Pharmacy

Donald Sullivan, R.Ph.:  Ohio Northern University

Terrye Thompson, R.Ph.:  OPA, Cordelia Martin Health Center/Toledo 

Alyson Welsh: OPA, Director of Government Affairs for OPA

Chad Worz, R.Ph.:  OPA, Skilled Care Pharmacy/Mason

 

R-2003-108     The Board next discussed the fact that the term of Ruth Plant, Pharm.D. on the Nursing Board’s Committee On Prescriptive Governance (CPG) would be expiring on June 19, 2003.  After discussion, Mr. Braylock moved that the Board reappoint Ruth Plant, Pharm.D. to the CPG.  The motion was seconded by Ms. Eastman and approved by the Board (Aye-8/Nay-0).

 

R-2003-109     Mr. Winsley then requested Board approval to pay the $250 annual dues to the National Association of Boards of Pharmacy.  Ms. Eastman moved that the Board approve the payment of these dues.  The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

 

Mr. Keeley discussed his legislative report with the Board.

 

Mr. McMillen presented his licensing report to the Board.

 

R-2003-110     The Board next considered a request for an exemption to Rule 4729-5-11 (Responsible pharmacist) received from Michelle Oaks, R.Ph. for the following Terminal Distributor of Dangerous Drugs licenses:

 

K-Mart Pharmacy (02-0157650)
Pro2 Respiratory Pharmacy (02-1316500)

 

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

 

R-2003-111     Mr. Benedict presented a request from Health Care Solutions (02-1134750) for an exemption to Rule 4729-5-10 (Pick-up station) so that patient-specific prescriptions could be prepared at Central Admixture Pharmacy Services (02-1312700) and delivered to Health Care Solutions for distribution to the patients.  After discussion, Mr. Turner 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-8/Nay-0).

 

Mr. Braylock reported on the recent meeting of the Nursing Board’s Committee on Pre­scriptive Governance.

 

Mr. Benedict and Mr. Keeley gave their report on the last meeting of the Medical Board’s Prescribing Committee.

  9:26 a.m.

The Board took a brief recess.

  9:37 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 Dale E. Lewis, R.Ph., University Heights.  Mr. Turner recused himself from this hearing and the resulting adjudication.

10:45 a.m.

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

11:03 a.m.

Mrs. Gregg moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code and for the purpose of conferring with an attorney for the Board regarding pending or imminent court action pursuant to Section 121.22(G)(3) of the Revised Code.  The motion was seconded by Mr. Braylock and a roll call vote was conducted by President Adelman as follows: Braylock-Yes, Eastman-Yes, Giacalone-Yes, Gregg-Yes, Kost-Yes, Lipsyc-Yes, Teater-Yes, and Turner-Yes.

11:52 a.m.

R-2003-112     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 Heather Marie Heidorn:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-021211-047)

 

In The Matter Of:

 

HEATHER MARIE HEIDORN

2140 Timber Creek Drive, Apt. B

Toledo, Ohio 43615

(D.O.B. 07/10/1981)

 

INTRODUCTION

 

THE MATTER OF HEATHER MARIE HEIDORN CAME FOR HEARING ON FEBRUARY 4, 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.

 

HEATHER MARIE HEIDORN 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

1.  Jesse Wimberly, Ohio State Board of Pharmacy

 

Respondent's Witnesses

1.  Heather Heidorn, Respondent

2.  Don Heidorn

3.  Alicia Heidorn

 

State's Exhibits

1.  Copy of Proposal To Deny/Notice of Opportunity for Hearing letter  [12-11-02]

1A-1B.  Procedurals

2.  Application For Pharmacy Intern Registration of Heather Marie Heidorn  [04-28-02]

3.  Letter from Heather Heidorn  [09-05-02]

4.  Beavercreek Police Department Report No. 99-22481  [11-14-99]

5.  Beavercreek Police Department Report No. 00-924  [01-13-00]

6.  Dismissal Entry, City of Beavercreek vs. Heather Marie Heidorn, Case No. 00CRB00656-A  [03-20-00]; Beavercreek Police Department Report No. 00-5844  [03-18-00]; Beavercreek Police Department Narrative Supplement of Officer R. D. Curd #36  [03-18-00]; Narrative Supplement  of Officer Hall  [03-18-00]; Narrative Supplement of Ptl. C. M. Williams #46  [03-19-00]; Statement of Heather Heidorn  [03-18-00]; Statement of Erin Meyerhoefer  [03-18-00]; Two Statement of Assault/Request for Temporary Protection Order, Com­plaint No. 00-5844  [03-18-00]

7.  Nolle Prosequi, City of Beavercreek Police Department vs. Heather Marie Heidorn, Case No. 00CRB00914-A, Fairborn Municipal Court  [10-26-00]; Beavercreek Police Depart­ment Report No. 00-7753  [04-15-00]; Statement of Maureen D. Sears-Meyerhoefer 
[04-15-00]; Statement of Heather Marie Heidorn  [04-15-00];  Constitutional Rights Pre-Interview Form re Heather Heidorn  [04-15-00];  Form 10-A: Protection Order Notice to NCIC re Heather Marie Heidorn  [03-20-00];  Cash Appearance Bond re Heather Heidorn  [04-15-00]; Beaver­creek Police Sales Draft to Don L. Heidorn  [04-15-00]; Beavercreek Police Transaction Reports, Batch 163  [04/17/00]; Beavercreek Police Department Narrative Supplement, Case No. 00-7753  [12-24-00]

8.  Guilty Entry, City of Beavercreek vs. Hearther Marie Heidorn, Case No. 00CRB01278-A, Fairborn Municipal Court  [10-04-00]; Beavercreek Police Department Incident Report
No. 00-11096  [05-28-00]; Narrative Supplement of Officer Darkow #70  [05-28-00]; Statement of Rhonda L. Norris  [05-28-00]; Statement of Assault/Request for Temporary Protection Order, Complaint No. 00-11096  [05-28-00]; Beavercreek Police Domestic Violence Check­list  [05-28-00]; Beavercreek Police Department Narrative Supplement, Case No. 00-11096  [05-28-00]; Pretrial Conclusion Sheet, State of Ohio vs. Leonard G. Meyerhoefer, Case No. 00CRB00658  [06-26-00];  two photographs

9.  Guilty Entry, City of Beavercreek vs. Heather Marie Heidorn, Case No. 00CRB02170-A
and Case No. 00CRB02170-B, Fairborn Municipal Court  [12-06-00]; Beavercreek Police Depart­ment Report No. 00-18352  [08-30-00]; Narrative Supplement of Officer Spicer  [08-30-00]; Narrative Supplement of Officer Hilderbrandt  [08-30-00]; Beavercreek Police Department Property Tag, Complaint No. 00-18352  [08-30-00]; Miami Valley Regional Crime Labora­tory Report, Case No. 00-18352  [08-30-00]; Miami Valley Regional Crime Laboratory Re­port, Laboratory Case No. 00-012010  [09-07-00];  Affidavit of Brooke J. Baker  [09-06-00]; Beavercreek Police Department Narrative Supplement, Case No. 00-18352  [12-31-00]

 

Respondent's Exhibits

A.  Letter from Adelia I. Barone, M.A., M.S., LPCC  [02-03-03]

B.  Letter from David Meeks,  [02-03-03]

C.  Letter from Verna J. Reese, R.Ph.  [01-25-03]

D.  Letter from Dennis W. White, R.Ph., PIC  [01-26-03]

 

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 Heather Marie Heidorn applied to the Board for registration as a Pharmacy Intern in Ohio on September 23, 2002.

 

(2)  Heather Marie Heidorn did, on or about November 14, 1999, engage in conduct that would constitute the crime of assault in violation of Section 2903.13 of the Ohio Revised Code, to wit:  Heather Marie Heidorn admitted to a Board agent that she and another fought.  Though the police were dispatched to the scene, both Heather Marie Heidorn and the other declined to prosecute.  (Report No. 99-22481, Beavercreek Police Department, 11/14/1999).  Such conduct constitutes not being of good moral character and habits within the meaning of Rule 4729-5-04 of the Ohio Administrative Code and thus, not meeting the requirements of the Board within the meaning of Section 4729.11 of the Ohio Revised Code.

 

(3)  Heather Marie Heidorn did, on or about January 13, 2000, engage in conduct that would indicate Heather Marie Heidorn was impaired physically or mentally to such a degree as to render her unfit to practice pharmacy, to wit: Heather Marie Heidorn admitted to a Beavercreek Police officer that she and another argued and that Heather Marie Heidorn threatened to slit her wrist with a razor.  Heather Marie Heidorn further admitted that she was a masochist and bipolar.  Due to these circumstances, Heather Marie Heidorn was taken to a hospital for evaluation.  Such conduct constitutes not being of good moral character and habits within the meaning of Rule 4729-5-04 of the Ohio Administrative Code and/or impaired physically or mentally to such a degree as to render Heather Marie Heidorn unfit to practice pharmacy; and thus not meeting the requirements of the Board within the meaning of Section 4729.11 of the Ohio Revised Code.

 

(4)  Heather Marie Heidorn did, on or about March 18, 2000, engage in conduct that would constitute the crime of assault in violation of Section 2903.13 of the Ohio Revised Code, to wit:  Heather Marie Heidorn admitted to a Board agent that she and others fought.  A civil protection order was issued by a court of law against Heather Marie Heidorn and her boyfriend’s sister.  City of Beavercreek vs. Heather Marie Heidorn, Case No. 00CRB00914-A, Fairborn Municipal Court, 10/26/2000.  Such conduct constitutes not being of good moral character and habits within the meaning of Rule 4729-5-04 of the Ohio Administrative Code and thus, not meeting the requirements of the Board within the meaning of Section 4729.11 of the Ohio Revised Code.

 

(5)  Heather Marie Heidorn did, on or about April 15, 2000, engage in conduct that would constitute violating a civil protection order, to wit:  Heather Marie Heidorn was observed in the vicinity of her boyfriend's sister, with whom Heather Marie Heidorn was parties to the restraining order.  Heather Marie Heidorn was subse­quently summoned to court for said violation.  The case was Nolle Prosequi.  City of Beavercreek vs. Heather Marie Heidorn, Case No. 00CRB00914-A, Fairborn Municipal Court.  Such conduct constitutes not being of good moral character and habits within the meaning of Rule 4729-5-04 of the Ohio Administrative Code and thus, not meeting the requirements of the Board within the meaning of Section 4729.11 of the Ohio Revised Code. 

 

(6)  Heather Marie Heidorn did, on or about May 28, 2000, engage in conduct that would constitute the crime of domestic violence in violation of Section 2919.25 of the Ohio Revised Code, to wit: Heather Marie Heidorn was arrested by the Beaver­creek Police Department for assaulting her live-in boyfriend.  Heather Marie Heidorn was, on or about October 4, 2000, convicted of Domestic Violence, a misdemeanor of the first degree, whereupon Heather Marie Heidorn was sentenced to one year of probation.  City of Beavercreek vs. Heather Marie Heidorn, Case No. 00CRB01278-A, Fairborn Municipal Court.  Such conduct constitutes not being of good moral char­acter and habits within the meaning of Rule 4729-5-04 of the Ohio Administrative Code and thus, not meeting the requirements of the Board within the meaning of Section 4729.11 of the Ohio Revised Code.

 

(7)  Heather Marie Heidorn did, on or about August 30, 2000, engage in conduct that would constitute violating a civil protection order and also the crime of pos­sessing drug paraphernalia in violation of Section 2925.14 of the Ohio Revised Code, to wit: Heather Marie Heidorn was arrested by the Beavercreek Police Depart­ment for violating a civil protection order by traveling in a vehicle with her boy­friend, in violation of a protection order.  The police found Heather Marie Heidorn to be in possession of two glass pipes used for smoking marijuana.  Heather Marie Heidorn was, on or about December 6, 2000, convicted of Attempted Possession
of Drug Paraphernalia,  a minor misdemeanor; and Disorderly Conduct, a misde­meanor of the fourth degree, where­upon Heather Marie Heidorn was fined a total of $200.00.  City of Beavercreek vs. Heather M. Heidorn, Case No. 00CRB02170-A & B, Fairborn Municipal Court.  Such conduct constitutes not being of good moral char­acter and habits within the meaning of Rule 4729-5-04 of the Ohio Administrative Code and thus, not meeting the require­ments of the Board within the meaning of Section 4729.11 of the Ohio Revised Code.

 

CONCLUSION OF LAW

 

(1)  The State Board of Pharmacy concludes that paragraphs (2) through (7) of the Findings of Fact set forth above constitute not being of good moral character and habits as set forth in paragraph (C) of Rule 4729-5-04 of the Ohio Administrative Code.

 

DECISION OF THE BOARD

 

Pursuant to Section 4729.11 of the Ohio Revised Code and Rule 4729-3-03 of the Ohio Administrative Code, and after consideration of the record as a whole, the State Board of Pharmacy takes the following actions in the matter of Heather Marie Heidorn:

 

(A)  The State Board of Pharmacy hereby accepts the Application for Pharmacy Intern Registration submitted by Heather Marie Heidorn on September 23, 2002.  Before a license will be issued, Heather Marie Heidorn must obtain, within sixty days after the effective date of this Order, a full psychiatric or psychological evaluation by a licensed psychiatrist or psychologist and must abide by the treatment plan as designed by that psychiatrist or psychologist.

 

(1)  The psychiatrist or psychologist must provide an initial status report, which includes the recommended treatment plan, to the Board within ten days after completing the assessment.

 

(2)  The psychiatrist or psychologist must also provide a final report at the end of probation or treatment, whichever comes first, that includes Heather Marie Heidorn's fitness to practice pharmacy.

 

(B)  The State Board of Pharmacy hereby places Heather Marie Heidorn on probation for two years from the effective date of this Order with the following conditions:

 

(1) Heather Marie Heidorn’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).

 

(2)  Heather Marie Heidorn must comply with the licensed psychiatrist's or psychologist's recommended treatment plan.

 

(3)  Heather Marie Heidorn must not violate the drug laws of the state of Ohio, any other state, or the federal government.

 

(4)  Heather Marie Heidorn must abide by the rules of the State Board of Pharmacy.

 

(5)  Heather Marie Heidorn must comply with the terms of this Order.

 

(C)  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.

 

Heather Marie Heidorn 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. Teater and approved by the Board (Aye-8/Nay-0).

 

R-2003-113     Mr. Braylock then moved that the Board adopt the following Order in the matter of Gregory Scott Mills, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-020326-048)

 

In The Matter Of:

 

GREGORY SCOTT MILLS, R.Ph.

2266 Shirlene Drive

Grove City, Ohio 43123

(R.Ph. No. 03-1-17638)

 

INTRODUCTION

 

THE MATTER OF GREGORY SCOTT MILLS CAME FOR HEARING ON FEBRUARY 4, 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.

 

GREGORY SCOTT MILLS WAS REPRESENTED BY ROBERT D. NOBLE AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

SUMMARY OF EVIDENCE

State’s Witnesses

1.  Todd Zevchik, R.Ph., Ohio State Board of Pharmacy

 

Respondent's Witnesses

1.  Gregory Scott Mills, R.Ph., Respondent

 

State's Exhibits

1.  Copy of Summary Suspension Order/Notice of Opportunity for Hearing letter  [03-26-02]

1A-E.  Procedurals

1F.  Copy of Addendum Notice letter  [08-21-02]

1G.  Procedural

1H.  Copy of Addendum Notice letter  [10-03-02]

2.  Three photographs of Respondent's arms  [03-08-02]

3.  Photograph of bloodstained accountability log for Insulin Syringes at C.C.I. Pharmacy Services [02-01-02 to 03-08-02]

4.  Notarized Incident Report and Statement of Regina Dunn  [03-11-02]

5.  Drug Screen Report, State Highway Patrol Crime Lab  [04-05-02]

6.  Two photographs of Blister packs

7.  Drug Audit Accountability Sheets for Adderall 30 mg at C.C.I. Pharmacy Services  [06-29-01 to 02-25-02]

8.  Notarized Statement of Brenda Barker  [04-04-02]

9.  Photograph of cigarette pack; Photograph of folder paper containing orange ampheta­mine powder  [03-08-02]

10.  Copy of State Highway Patrol Crime Lab, Laboratory Number 02-001955, Evidence Submission #0003 re Gregory S. Mills  [04-05-02]

11.  Indictment, State of Ohio vs. Gregory S. Mills, Case No. Secret, Ross County Common Pleas Court  [06-14-02]; Defendant's Guilty Plea and Waiver, Case No. 02 CR 158  [09-05-02]; Petition to Enter Guilty Plea, Case No. 02 CR 158  [09-13-02]; Entry (Sentenc­ing), Case No. 02 CR 158  [09-13-02]

12.  Copy of three Columbus Police Department tickets issued to Gregory S. Mills (#Z612459, Failure to Control; #Z612460, Operated a Motor Vehicle Under the Influ­ence; #Z612461, Operated a Motor Vehicle with a Concentration of 302 Grams of Alcohol per 210 liter of breath)  [3-22-97]; Entry, City of Columbus vs. Gregory Mills, Case No. 97-TF-112733  [04-07-97], Probation Rules and Instructions, Case No. 97-112733  [04-07-97]; Memorandum Contra Defendant’s Motion  for Order of  Reinstate­ment of Operator’s License and Waiver of Reinstatement Fee, Case No. M97-112733  [11-28-97]

13.  Copy of Renewal Application for Pharmacist License Number 03-1-17638 For A License To Practice Pharmacy In Ohio From 09/15/97 to 09/15/98 for Gregory Scott Mills  [08-06-97]

14.  Copies of eleven Renewal Applications for Pharmacist License Number 03-1-17638 To Practice Pharmacy in Ohio from 09/15/89 to 09/15/92 and from 09/15/94 to 09/15/02

15.  Copy of Dangerous Drug Distributor Inspection Report of W.B. Canalview Pharmacy  [04-16-90]; Copy of response to the Inspection Report; Copy of Notification of Change of Responsible Person form  [07-19-89]

 

Respondent's Exhibits

A.  Letter from Suzanne Zucker, RN MS CCDCI  [02-03-03]; Letter from Teresa M. Smith [08-27-02]; and VA Information Summary of Attendance Records of Gregory S. Mills  [01-16-03]

B.  VA Comprehensive Medical History of Gregory S. Mills  [01-16-03]

C.  VA Progress Notes of Gregory S. Mills  [01-16-03]

D.  Drug Screen Reports  [05-23-02 to 02-01-03]

E.  Support Group Attendance Records  [09-03-02 to 01-17-03]

F.  Letter from Becky J. Britton, MCSE, MCP, CCNA, MCSDBA  [not dated]; Manpower employment application  [10-10-02]

 

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 Gregory Scott Mills was origi­nally licensed by the State of Ohio as a pharmacist on February 24, 1989, pursuant to examination, and that the Board summarily suspended Gregory Scott Mill’s license to practice pharmacy on March 26, 2002.  Records further reflect that, during the relevant time periods stated herein, Gregory Scott Mills was the Responsible Pharmacist at the Chillicothe Correctional Institution Pharmacy pursuant to Sections 4729.27 and 4729.55 of the Ohio Revised Code and Rule 4729-5-11 of the Ohio Administrative Code.

 

(2)  Gregory Scott Mills 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:  On or about March 8, 2002, Gregory Scott Mills was observed on duty with slurred speech, stag­gering, behaving strangely, and had two puncture wounds located in the bend of his arm.  Bloodstains were found on an accountability sheet for 27G, ½“ syringes.  Gregory Scott Mills was also observed by a pharmacy employee to be making “snorting sounds” immediately before appearing with blood on his upper lip and hand, while wiping his nose and lip.  During the interview, Gregory Scott Mills admitted to agents of the Board of Pharmacy that he had an addiction to alcohol and drugs, and that he wanted some help.  Further, Gregory Scott Mills admitted that he has stolen drugs from his employer.  Such conduct indicates that Gregory Scott Mills falls within the ambit of Sections 3719.121(A), 3719.121(B), and 4729.16(A)(3) of the Ohio Revised Code.

 

(3)  Gregory Scott Mills did, on or about March 8, 2002, while employed as the Respon­sible Pharmacist at the Chillicothe Correctional Institution Pharmacy, knowingly obtain or exert control over dangerous drugs, the property of Chillicothe Correctional Institu­tion Pharmacy, beyond the express or implied consent of the owner, to wit: Gregory Scott Mills admitted to agents of the Board of Pharmacy that he has stolen approxi­mately 30 Adderall™ 30mg tables.  The accountability sheet for Adderall™ 30mg tablets was retrieved from a trash receptacle located in the Chillicothe Correctional Institution Pharmacy.  Further, Gregory Scott Mills told agents of the Board of Pharmacy that he has stolen Ultram tablets from his employer.  Gregory Scott Mills stated that he removed and consumed two Ultram tablets, three times daily for approximately two months beginning in the fall of 2001.  Such conduct violates Section 2913.02 of the Ohio Revised Code.

 

(4)  On April 7, 1997, Gregory Scott Mills pled guilty to Operating a Motor Vehicle Under the Influence of Alcohol or Drugs, a Misdemeanor of the first degree under Sec­tion 4511.19 of the Ohio Revised Code.  State of Ohio vs. Gregory Mills, Case No. 1997TRC112733, Franklin County Municipal Court.

 

(5)  Gregory Scott Mills did, on or about August 6, 1997, knowingly make a false state­ment with purpose to secure the issuance of a license or registration, to wit: Gregory Scott Mills indicated on his pharmacist license renewal application that he had not been charged with a crime when in fact Gregory Scott Mills had been convicted of Operating a Motor Vehicle Under the Influence of Alcohol or Drugs.  Such conduct is in violation of Section 2921.13 of the Ohio Revised Code.

 

(6)  On September 5, 2002, Gregory Scott Mills pled guilty to one count of Theft of Drugs, a felony of the fourth degree under Section 2913.02 of the Ohio Revised Code, and to one count of Possession of a Schedule II Drug, a felony of the fifth degree under Section 2925.11 of the Ohio Revised Code.  Gregory Scott Mills was granted interven­tion in lieu of conviction.  State of Ohio vs. Gregory S. Mills, Case No. 02 CR 158, Ross County Common Pleas Court.

 

CONCLUSIONS OF LAW

 

(1)  Upon consideration of the record as a whole, the State Board of Pharmacy con­cludes that paragraphs (3) through (6) 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)  Upon consideration of the record as a whole, the State Board of Pharmacy con­cludes that paragraphs (3) and (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)  Upon consideration of the record as a whole, the State Board of Pharmacy con­cludes that paragraph (2) 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)  Upon consideration of the record as a whole, the State Board of Pharmacy con­cludes that paragraphs (3) and (6) of the Findings of Fact constitute being guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapter 2925. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

 

(5)  Upon consideration of the record as a whole, the State Board of Pharmacy con­cludes that paragraph (5) of the Findings of Fact constitutes 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 hereby suspends indefinitely the pharmacist identi­fication card, No. 03-1-17638, held by Gregory Scott Mills and such suspension is effective as of the date of the mailing of this Order.

 

(A)  Gregory Scott Mills, pursuant to Rule 4729-9-01(F) of the Ohio Administrative Code, may not be employed by or work in a facility licensed by the State Board of Pharmacy to possess or distribute dangerous drugs during such period of suspen­sion.

 

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

 

Further, after three years from the effective date of this Order, the Board will consider any petition filed by Gregory Scott Mills for a hearing, pursuant to Ohio Revised Code Chapter 119., for reinstatement.  The Board will only consider reinstatement of the license to prac­tice pharmacy in Ohio if the following conditions have been met:

 

(A)  Gregory Scott Mills must obtain, within sixty days after the effective date of this Order, a full psychiatric or psychological evaluation by a licensed psychiatrist or psychologist and must abide by the treatment plan as designed by that psychiatrist or psychologist.  The psychiatrist or psychologist must provide an initial status report, which includes the recommended treatment plan, to the Board within ten days after completing the assessment.

 

(B)  Gregory Scott Mills must enter into a contract, signed within thirty days after the effective date of this Order, with an Ohio Department of Alcohol and Drug Addiction Services (ODADAS) treatment provider or a treatment provider acceptable to the Board for a period of not less than five years and, upon signing, mail a copy of the contract to the Board office.  The contract must provide that:

 

(1)  Random, observed urine drug screens shall be conducted at least once each month.

 

(a)  The urine sample must be given within twelve hours of notifica­tion.  The urine drug screen must include testing for creatinine or specific gravity of the sample as the dilutional standard.

 

(b)  Alcohol must be added to the standard urine drug screen.  A Breath­alyzer may be used to test for alcohol, but the test must be conducted by an appropriately certified individual within twelve hours of notification.

 

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

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

 

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

 

(C)  Gregory Scott Mills must demonstrate satisfactory proof to the Board that he is no longer addicted to or abusing liquor or drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy.

 

(D)  Gregory Scott Mills must provide, at the reinstatement petition hearing, docu­men­tation of the following:

 

(1)  Compliance with the licensed psychiatrist's or psychologist's recom­mended treatment plan;

 

(2)  A report by the licensed psychiatrist or psychologist regarding Gregory Scott Mills' fitness for readmission into the practice of pharmacy;

 

(3)  Compliance with the contract required above (e.g.-proof of giving the urine sample within twelve hours of notification and copies of all drug and alcohol urine screen reports, meeting attendance records, treatment program reports, etc.);

 

(4)  Compliance with the continuing pharmacy education requirements set forth in Chapter 4729-7 of the Ohio Administrative Code as applicable and in effect on the date of petitioning the Board for reinstatement;

 

(5)  Compliance with the terms of this Order.

 

(E)  If reinstatement is not accomplished within four years from the effective date of this Order, Gregory Scott Mills must also show successful completion of the NAPLEX examination or an equivalent examination approved by the Board.

 

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

MOTION CARRIED.

SO ORDERED.

 

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

 

R-2003-114     Mr. Kost then moved that the Board adopt the following Order in the matter of Dale E. Lewis, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-020606-060)

 

In The Matter Of:

 

DALE E. LEWIS, R.Ph.

3854 Washington Boulevard

University Heights, Ohio 44118

(R.Ph. No. 03-3-08567)

 

INTRODUCTION

 

THE MATTER OF DALE E. LEWIS CAME FOR HEARING ON FEBRUARY 5, 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.; AND DOROTHY S. TEATER, PUBLIC MEMBER.

 

DALE E. LEWIS 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

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

 

Respondent's Witnesses

1.  Dale E. Lewis, R.Ph., Respondent

2.  Mary Jane Lewis

3.  Robert Lewis, R.Ph.

 

State's Exhibits

1.  Copy of Notice of Opportunity for Hearing letter  [06-06-02]

1A-1D.  Procedurals

2.  Written statements of Dale E. Lewis  [02-14-02 & 02-15-02]

3.  Written statement of James Posendek, R.Ph.  [02-19-02]

4.  St. Vincent Charity Occupational Medicine Drug Test Results  [02-14-02]

5.  Sample of Cocaine bottle

6.  Respondent's penknife

7.  Summary Audit Report  [02-20-02]

 

Respondent's Exhibits

A.  Letter from Sharon Carpenter, PCC, CCDC-111  [01-23-03]

B.  Letter from Kathleen A. Rice  [01-27-03]

C.  Letter from Dennis E. O’Brien, R.Ph.  [01-21-03]

D.  Letter from Robert E. Lewis, R.Ph.  [01-23-03]

E.  Letter from Daniel Lewis, Pharm.D.  [01-27-03]

F.  Letter from Mary Jane Lewis  [02-01-03]

 

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 Dale E. Lewis was originally licensed by the State of Ohio as a pharmacist on June 27, 1966, pursuant to exami­nation, and is currently licensed to practice pharmacy in Ohio.

 

(2)  Dale E. Lewis did, during the two weeks immediately preceding February 14, 2002, use a controlled substance when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Dale E. Lewis has admittedly abused a controlled substance by sniffing cocaine powder while practicing pharmacy.  Dale E. Lewis had not been prescribed such medication by an authorized prescriber.  Dale E. Lewis has admitted that he had been stealing and consuming controlled sub­stances while practicing pharmacy during and after stressful days at work so as to relax.  Such conduct is in violation of Section 2925.11 of the Ohio Revised Code.

(3)  Dale E. Lewis did, on or about unknown dates prior to February 14, 2002, with pur­pose to deprive, knowingly obtain or exert control over dangerous drugs, the property of St. Vincent Charity Hospital, beyond the express or implied consent of the owner, to wit: Dale E. Lewis stole cocaine powder, a Schedule II controlled substance, for his per­sonal use.  Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

 

(4)  Dale E. Lewis did, on or about unknown dates prior to February 14, 2002, with pur­pose to deprive, knowingly obtain or exert control over dangerous drugs, the property of St. Vincent Charity Hospital, beyond the express or implied consent of the owner, to wit:  Dale E. Lewis stole hydrocodone cough syrup, a Schedule III controlled substance, for his personal use.  Such conduct is in violation of Section 2913.02 of the Ohio Re­vised Code.

 

CONCLUSIONS OF LAW

 

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

 

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

 

(3)  Upon consideration of the record as a whole, the State Board of Pharmacy con­cludes that paragraphs (2) through (4) of the Findings of Fact constitute abusing drugs 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)  Upon consideration of the record as a whole, the State Board of Pharmacy con­cludes that paragraph (2) of the Findings of Fact constitutes being guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the viola­tion of provisions of Chapter 2925. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

 

DECISION OF THE BOARD

 

Pursuant to Section 4729.16 of the Ohio Revised Code, and after consideration of the record as a whole, the State Board of Pharmacy hereby suspends indefinitely the pharmacist identi­fication card, No. 03-3-08567, held by Dale E. Lewis effective as of the date of the mailing of this Order.  Further, the Board suspends the suspension and places Dale E. Lewis on proba­tion for one year with the following conditions:

 

(A)  Dale E. Lewis must enter into a contract, signed within thirty days after the effective date of this Order, with an Ohio Department of Alcohol and Drug Addiction Services (ODADAS) treatment provider or a treatment provider acceptable to the Board for a period of not less than five years and submit a copy of the signed con­tract to the Board office.  The contract must provide that:

 

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

 

(a)  The urine sample must be given within twelve hours of notifica­tion.  The urine drug screen must include testing for creatinine or specific gravity of the sample as the dilutional standard.

 

(b)  Results of all drug screens must be negative.  Any positive results, including those that may have resulted from ingestion of food, but excluding false positives that resulted from medication legitimately prescribed, indicate a violation of probation.

 

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

 

(2)  The intervener/sponsor shall provide copies of all drug 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)  Dale E. Lewis must submit quarterly progress reports to the Board (due January 10, April 10, July 10, and October 10) that include:

 

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

 

(2)  A written description of Dale E. Lewis' 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 Dale E. Lewis' 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)  Dale E. Lewis may not serve as a responsible pharmacist.

 

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

 

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

 

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

 

(6)  Dale E. Lewis must abide by the rules of the State Board of Pharmacy.

 

(7)  Dale E. Lewis 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.

 

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

 

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

MOTION CARRIED.

SO ORDERED.

 

The motion was seconded by Mr. Giacalone and approved by the Board (Aye-7/Nay-0/­Abstain-1[Turner]).

12:07 p.m.

The Board recessed for lunch.

  1:36 p.m.

The Board reconvened in Room West-B&C with all members present.  They were joined by representatives of the Ohio Society of Health-System Pharmacists (OSHP) and its Board of Directors for a discussion of items of mutual interest.

  2:32 p.m.

The meeting with OSHP ended.

  2:43 p.m.

After a discussion of the draft minutes from the January 6 & 7, 2003 meeting, Mr. Braylock moved that the minutes of the January, 2003 Board meeting be approved as amended.  The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

 

The Board next discussed the draft minutes from the January 17, 2003 telephone conference call meeting.  Mr. Turner moved that the minutes be approved.  The motion was seconded by Mrs. Gregg and approved by those Board members who participated in the meeting (Aye-5/Nay-0).

 

R-2003-115     After a discussion of Kroger’s immunization training program that had been presented to the Board the previous day, Mrs. Gregg moved that it be approved.  The motion was seconded by Ms. Eastman and approved by the Board (Aye-8/Nay-0).

 

R-2003-116     The Board then discussed the request from MPS for an exemption to Rule 4729-5-10 (Pick-up station) that had also been presented to the Board the previous day.  Mrs. Gregg moved that the Board deny the request as it did not appear to meet either of the exemption criteria in the rule.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

  3:10 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. Lipsyc and a roll call vote was conducted by President Adelman as follows: Braylock-Yes, Eastman-Yes, Giacalone-Yes, Gregg-Yes, Kost-Yes, Lipsyc-Yes, Teater-Yes, and Turner-Yes.

  3:45 p.m.

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

  3:54 p.m.

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

 

PER DIEM

01/27

02/04

02/05

Total

Adelman

-

1

1

2

Braylock

1

1

1

3

Eastman

-

1

1

2

Giacalone

-

1

1

2

Gregg

-

1

1

2

Lipsyc

-

1

1

2

Kost

-

1

1

2

Teater

-

1

1

2

Turner

-

1

1

2

 

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

  3:55 p.m.

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

 

 

 

 

 

Diane C. Adelman, President

 

Date

 

 

 

 

 

 

William T. Winsley, Executive Director