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

March 3, 4, 5, 2003

MONDAY, MARCH 3, 2003

10:00 a.m.

ROLL CALL

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

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

10:05 a.m.

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

10:11 a.m.

Gregory Braylock, R.Ph., Board member, arrived and joined the Executive Session in progress.

11:24 a.m.

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

11:35 a.m.

R-2003-117	The meeting resumed. Mr. Turner moved that the Board accept the settlement offer presented in the matter of Leo Igwebuike, R.Ph. The motion was seconded by Mrs. Gregg and approved (Aye-7/Nay-0/Abstain-1[Braylock]).
R-2003-118	Mrs. Gregg moved that the Board accept the settlement offer presented in the matter of David White, R.Ph. The motion was seconded by Ms. Eastman and approved by the Board (Aye-6/Nay-2).
R-2003-119	Mr. Lipsyc then moved that the Board accept the settlement offers in the matters of Donald Bennett, R.Ph. and Mary Ann (Tallarico) Janning as amended by the Board if both respondents agreed to the Board’s changes. The motion was seconded by Mrs. Teater. Mr. Braylock then moved to amend Mr. Lipsyc’s motion by revising the suggested changes to the original proposal. Mr. Braylock’s motion to amend was seconded by Mrs. Gregg and approved by the Board (Aye-5/Nay-4). The Board then voted on the motion to accept the settlement proposal with the revised Board changes. The motion passed (Aye-5/Nay-3).
	Mr. Rowland announced that the following settlement agreements previously approved by the Board had been signed by all parties and were now effective as of the date of the Board President’s signature:
R-2003-120	SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY (Docket No. D-021119-035) In the Matter of: BIG BEAR PHARMACY #208 c/o William Joseph Gongola, R.Ph.) 1171 Hill Road North Pickerington, Ohio 43147 (Terminal Distributor No. 02-0599100)
	This Settlement Agreement is entered into by and between Big Bear Pharmacy #208 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.
	Big Bear Pharmacy #208 enters into this Agreement being fully informed of its rights afforded under Chapter 119. of the Ohio Revised Code, including the right to representation by counsel, the right to a formal adjudication hearing on the issues contained herein. Whereas, the State Board of Pharmacy is empowered by Section 4729.57 of the Ohio Revised Code to suspend, revoke, refuse to renew any license issued to a terminal distributor of dangerous drugs pursuant to section 4729.54 of the Revised Code, or may impose a monetary penalty on the license holder, for violation of any of the enumerated grounds of Section 4729.57 of the Ohio Revised Code. WHEREAS, Big Bear Pharmacy #208 is a licensed terminal distributor of dangerous drugs in the State of Ohio. WHEREAS, on or about November 19, 2002, pursuant to Chapter 119. of the Ohio Revised Code, Big Bear Pharmacy #208 was notified of the allegations or charges against it, its right to a hearing, its rights in such hearing, and its right to submit contentions in writing. Big Bear Pharmacy #208 requested a hearing; it was scheduled and continued. The November 19, 2002, Notice of Opportunity for Hearing contains the following allegations or charges:

(1)	Records of the Board of Pharmacy indicate that Big Bear Pharmacy #208 is licensed with the State Board of Pharmacy as a Terminal Distributor of Dangerous Drugs and William J. Gongola is the Responsible Pharmacist pursuant to Rule 4729-5-11 of the Ohio Administrative Code and Sections 4729.27 and 4729.55 of the Ohio Revised Code.
(2)	Big Bear Pharmacy #208 did, on or about July 18, 2000 to March 5, 2002, fail to provide “supervision and control” of dangerous drugs as required in Section 4729.55(B) of the Revised Code, and “adequate safeguards” to assure that dangerous drug are being distributed in accordance with all state and federal laws as required in Section 4729.55(C) of the Revised Code, to wit: a technician was given authority to order all medications from wholesalers, checked the orders when received, and stocked the shelves with the medications, without any supervision. Such conduct is in violation of Rule 4729-9-11 of the Ohio Administrative Code and is not in accordance with Section 4729.55 of the Ohio Revised Code.
(3)	Big Bear Pharmacy #208 did, on or about July 18, 2000 to March 5, 2002, fail to provide effective and approved controls and procedures to deter and detect theft and diversion of dangerous drugs, to wit: the following drugs were diverted from the pharmacy without adequate detection and/or prevention:

Drug Type	Strength	Shortage	% Short
diazepam	10 mg	3,613	60%
diazepam	2 mg	177	15%
diazepam	5 mg	3,681	34%
hydrocodone/APAP	5/500	6,253	16%
hydrocodone/APAP	10/325	5,199	40%
hydrocodone/APAP	10/500	2,894	36%
hydrocodone/APAP	10/660	1,589	40%
hydrocodone/APAP	5/325	18	2%
hydrocodone/APAP	7.5/325	100	50%
OxyContin	10 mg	41	41%
OxyContin	20 mg	236	3%
OxyContin	40 mg	120	0.4%
OxyContin	80 mg	201	0.6%
OxyContin	160 mg	100	50%
carisoprodol / soma	350 mg	11,143	49%
Vicoprofin (sic)	200/7.5	470	27%
phentermine	37.5 mg	5,548	76%

Such conduct is in violation of Rule 4729-9-05 of the Ohio Administrative Code.

Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of a formal hearing at this time, Big Bear Pharmacy #208 knowingly and voluntarily agrees with the State Board of Pharmacy to the following:

(1)	Big Bear Pharmacy #208 agrees to the imposition of a monetary penalty of Two Thousand Dollars ($2000.00) due and owing within 30 days of the effective date of this Agreement. The monetary penalty should be made payable to the “Treasurer, State of Ohio” and mailed with the enclosed form to the State Board of Pharmacy, 77 S. High Street, 17th Floor, Columbus, Ohio 43215-6126.
(2)	Big Bear Pharmacy #208 agrees to adopt and implement the policies as submitted to the Ohio State Board of Pharmacy in its letter dated January 2, 2003, and amended by the Board’s letter dated January 8, 2003, so as to include “drugs of abuse” as well as controlled substances in said policies. These policies are incorporated into this agreement as if fully rewritten herein.

Big Bear Pharmacy #208 acknowledges that it 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.

Big Bear Pharmacy #208 waives any and all claims or causes of action it 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. Big Bear Pharmacy #208 waives any rights of appeal pursuant to Chapter 119. of the Ohio Revised Code.

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

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. Big Bear Pharmacy #208 agrees that should the Board reject this Agreement and if this case proceeds to hearing, Big Bear Pharmacy #208 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/          William J. Gongola	/d/     2–24–03
Big Bear Pharmacy #208, Respondent	Date of Signature
/s/          Mary Barley-McBride	/d/      2/20/03
Mary Barley-McBride, Attorney for Respondent	Date of Signature
/s/          Diane C. Adelman	/d/      3/3/03
Diane C. Adelman, President, Ohio State Board of Pharmacy	Date of Signature
/s/          Sally Ann Steuk	/d/      3–3–03
Sally Ann Steuk, Ohio Assistant Attorney General	Date of Signature

R-2003-121

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY (Docket No. D-021119-036) In The Matter Of: WILLIAM JOSEPH GONGOLA, R.Ph. 535 Cherry Hill Drive Pickerington, Ohio 43147 (R.Ph. No. 03-1-18875)

This Settlement Agreement is entered into by and between William Joseph Gongola 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. William Joseph Gongola voluntarily enters into this Agreement being fully informed of his rights afforded under Chapter 119. of the Ohio Revised Code, including the right to representation by counsel, the right to a formal adjudication hearing on the issues contained herein, and the right to appeal. William Joseph Gongola acknowledges that by entering into this agreement he has waived his rights under Chapter 119. of the Revised Code. Whereas, the Board is empowered by Section 4729.16 of the Ohio Revised Code to suspend, revoke, place on probation, refuse to grant or renew an identification card or enforce a monetary penalty on the license holder for violation of any of the enumerated grounds therein. Whereas, William Joseph Gongola is licensed to practice pharmacy in the State of Ohio. Whereas, on or about November 19, 2002, pursuant to Chapter 119. of the Ohio Revised Code, William Joseph Gongola 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. William Joseph Gongola requested a hearing; it was scheduled and continued. The November 19, 2002, Notice of Opportunity for Hearing contains the following allegations or charges:

(1)	Records of the Board of Pharmacy indicate that William Joseph Gongola was originally licensed in the State of Ohio on July 29, 1991, pursuant to examination, and is currently licensed to practice pharmacy in the State of Ohio. Records further reflect that as of July 11, 2000, William Joseph Gongola was the Responsible Pharmacist at Big Bear Pharmacy #208 pursuant to Sections 4729.27 and 4729.55 of the Ohio Revised Code and Rule 4729-5-11 of the Ohio Administrative Code.
(2)	William Joseph Gongola as Responsible Pharmacist did, on or about July 18, 2000, to March 5, 2002, fail to provide “supervision and control” of dangerous drugs as required in Section 4729.55(B) of the Revised Code, and “adequate safeguards” to assure that dangerous drug are being distributed in accordance with all state and federal laws as required in Section 4729.55(C) of the Revised Code, to wit: a technician was given authority to order all medications from wholesalers, checked the orders when received, and stocked the shelves with the medications without any supervision. Such conduct is in violation of Rule 4729-9-11 of the Ohio Administrative Code and is not in accordance with Section 4729.55 of the Ohio Revised Code.
(3)	William Joseph Gongola as Responsible Pharmacist did, on or about July 18, 2000 to March 5, 2002, fail to provide effective and approved controls and procedures to deter and detect theft and diversion of dangerous drugs, to wit: the following drugs were diverted from the pharmacy without adequate detection and/or prevention:

Drug Type	Strength	Shortage	% Short
diazepam	10 mg	3,613	60 %
diazepam	2 mg	177	15%
diazepam	5 mg	3,681	34%
hydrocodone/APAP	5/500	6,253	16%
hydrocodone/APAP	10/325	5,199	40%
hydrocodone/APAP	10/500	2,894	36%
hydrocodone/APAP	10/660	1,589	40%
hydrocodone/APAP	5/325	18	2%
hydrocodone/APAP	7.5/325	100	50%
OxyContin	10 mg	41	41%
OxyContin	20 mg	236	3%
OxyContin	40 mg	120	0.4%
OxyContin	80 mg	201	0.6%
OxyContin	160 mg	100	50%
carisoprodol / soma	350 mg	11,143	49%
Vicoprofin (sic)	200/7.5	470	27%
phentermine	37.5 mg	5,548	76%

Such conduct is in violation of Rule 4729-9-05 of the Ohio Administrative Code and is not in accordance with Section 4729.55 of the Ohio Revised Code.

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

(A)

William Joseph Gongola’s pharmacist identification card, No. 03-1-18875, will be placed on probation for one year from the effective date of this Agreement, with the following conditions:

(1) William Joseph Gongola must obtain within one year from the effective date of this agreement, completion of 0.3 CEUs (three hours) of continuing pharmacy education focused on pharmacy management and/or diversion issues. These hours are in addition to those required for renewal. If proof of completion is not submitted to the Board office before the end of his probation period, William Joseph Gongola’s pharmacist identification card will be suspended until this condition is achieved. (2) The State Board of Pharmacy hereby declares that William Joseph Gongola’s pharmacist identification card is not in good standing. (3) William Joseph Gongola must not violate the drug laws of the State of Ohio, any other state, or the federal government. (4) William Joseph Gongola must abide by the rules of the State Board of Pharmacy. (5) William Joseph Gongola must comply with the terms of this Agreement.

William Joseph Gongola 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.

William Joseph Gongola 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. William Joseph Gongola 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. William Joseph Gongola 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/          William J. Gongola	/d/     2–24–03
William Joseph Gongola, Respondent	Date of Signature
/s/          Mary Barley-McBride	/d/      2/20/03
Mary Barley-McBride, Attorney for Respondent	Date of Signature
/s/          Diane C. Adelman	/d/      3/3/03
Diane C. Adelman, President, Ohio State Board of Pharmacy	Date of Signature
/s/          Sally Ann Steuk	/d/      3–3–03
Sally Ann Steuk, Ohio Assistant Attorney General	Date of Signature

R-2003-122	SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY (Docket No. D-020912-008 In The Matter Of: RONALD WILLIAM CAREY, R.Ph. 7910 Laura Avenue N.W. Massillon, Ohio 44646 (R.Ph. No. 03-2-11234)
	This Settlement Agreement is entered into by and between Ronald William Carey 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. Ronald William Carey voluntarily enters into this Agreement being fully informed of his rights afforded under Chapter 119. of the Ohio Revised Code, including the right to representation by counsel, the right to a formal adjudication hearing on the issues contained herein, and the right to appeal. Ronald William Carey acknowledges that by entering into this agreement he has waived his rights under Chapter 119. of the Revised Code. Whereas, the Board is empowered by Section 4729.16 of the Ohio Revised Code to suspend, revoke, place on probation, refuse to grant or renew an identification card or enforce a monetary penalty on the license holder for violation of any of the enumerated grounds therein. Whereas, Ronald William Carey is licensed to practice pharmacy in the State of Ohio.
	Whereas, on or about September 12, 2002, pursuant to Chapter 119. of the Ohio Revised Code, Ronald William Carey 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. Ronald William Carey requested a hearing; it was scheduled and continued. The September 12, 2002, Notice of Opportunity for Hearing contains the following allegations or charges: Ronald William Carey neither admits nor denies the allegations stated in the Notice of Opportunity for Hearing letter dated September 12, 2002; however, the Board has evidence sufficient to sustain the allegations and hereby adjudicates the same:

(1)	Records of the Board of Pharmacy indicate that Ronald William Carey was originally licensed in the State Of Ohio on August 4, 1975, pursuant to examination, and is currently licensed to practice pharmacy in the State of Ohio.
(2)	Ronald William Carey did, on or about June 23, 2001, misbrand a drug, to wit: when Ronald William Carey received a prescription for 45 unit doses of Cardura 4 mg, number 146979, Ronald William Carey dispensed 45 unit doses of Coumadin 4 mg, which had not been prescribed by the physician. The patient was subsequently hospitalized. Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.
(3)	Ronald William Carey did, on or about June 23, 2001, fail to perform prospective drug utilization review, to wit: when dispensing medications to a patient pursuant to prescription number 146979, Ronald William Carey failed to review the original prescription and/or refill information for over-utilization, incorrect drug dosage and duration of drug treatment, and misuse. Such conduct is in violation of Rule 4729-5-20 of the Ohio Administrative Code.

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

(A)	Ronald William Carey agrees to the imposition of a monetary penalty Two Hundred and Fifty Dollars ($250.00) due and owing within 30 days of the effective date of this Agreement. The monetary penalty should be made payable to the “Treasurer, State of Ohio” and mailed with the enclosed form to the State Board of Pharmacy, 77 S. High Street, 17th Floor, Columbus, Ohio 43266-0320.
(B)	Ronald William Carey must obtain within one year from the effective date of this agreement, completion of 0.3 CEUs (three hours) of continuing pharmacy education focused on preventing prescription errors in a retail pharmacy. These hours are in addition to those required for renewal.

If, in the judgment of the Board, Ronald William Carey 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.

Ronald William Carey 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.

Ronald William Carey 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. Ronald William Carey 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. Ronald William Carey 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/          Ronald William Carey	/d/     2/24/03
Ronald William Carey, Respondent	Date of Signature
/s/          Diane C. Adelman	/d/      3/3/03
Diane C. Adelman, President, Ohio State Board of Pharmacy	Date of Signature
/s/          Sally Ann Steuk	/d/      3/3/03
Sally Ann Steuk, Ohio Assistant Attorney General	Date of Signature

R-2003-123

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY (Docket No. D-030124-059) In The Matter Of: LORI KATZ, R.Ph. 1631 NE Broadway, #230 Portland, Oregon 97232 (R.Ph. No. 03-2-13813)

This Settlement Agreement is entered into by and between Lori Katz 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. Lori Katz 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. Lori Katz is knowingly and voluntarily acknowledging that, in order to settle possible disciplinary charges in order to obviate the need to conduct an administrative hearing to consider possible disciplinary sanctions against Lori Katz’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 Lori Katz was originally licensed in the State of Ohio on August 1, 1980, pursuant to examination.
(3)	Lori Katz did, prior to November 20, 2001, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Hi School Pharmacy, Estacada, Oregon, beyond the express or implied consent of the owner, to wit: Lori Katz admittedly stole hydrocodone tablets, a schedule III controlled substance. Such conduct, if committed in Ohio, violates Section 2913.02 of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code.
(4)	Lori Katz did, prior to November 20, 2001, knowingly possess or use a controlled substance when not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Lori Katz admitted taking and using hydrocodone tablets, a schedule III controlled substance. Such conduct, if committed in Ohio, violates Section 2925.11 of the Ohio Revised Code, and if proven constitutes being guilty of gross immorality and/or willfully violating the provisions of Chapter 2925. of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio Revised Code.
(5)	Lori Katz’s license to practice pharmacy in the State of Oregon was, on or about June 6, 2001, placed on probation for 12 months, due to theft of prescription drugs for personal abuse. Oregon Board of Pharmacy vs. Lori Katz, R.Ph., Case No. 01-0033. Such conduct, if committed in Ohio, is in violation of Section 2925.11 of the Ohio Revised Code. Such action indicates that Lori Katz is addicted to or abusing drugs to such a degree as to render her unfit to practice pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code.
(6)	Lori Katz’s license to practice pharmacy in the State of Oregon was, on or about November 20, 2001, extended to 18 months probation, due to a positive drug screen for butalbitol. Oregon Board of Pharmacy vs. Lori Katz, R.Ph., Case No. 01-0033 and 01-0365. Such action indicates that Lori Katz is addicted to or abusing drugs to such a degree as to render her unfit to practice pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code.

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

(1)	Lori Katz must abide by the conditions as set forth in the Amended Consent Order of the Oregon State Board of Pharmacy dated November 20, 2001.
(2)	Lori Katz must inform the Ohio State Board of Pharmacy if she plans to return to Ohio to practice pharmacy in Ohio.

If, in the judgment of the Board, Lori Katz 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.

Lori Katz 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.

Lori Katz 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. Lori Katz 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. Lori Katz 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/          Lori Katz	/d/     2/3/03
Lori Katz, Respondent	Date of Signature
/s/          Diane C. Adelman	/d/      3/3/03
Diane C. Adelman, President, Ohio State Board of Pharmacy	Date of Signature
/s/          Sally Ann Steuk	/d/      3/3/03
Sally Ann Steuk, Ohio Assistant Attorney General	Date of Signature

11:55 a.m.

R-2003-124

Mr. Turner moved that the Board accept the settlement offer presented in the matter of Bruce Franken, R.Ph. as revised by the Board. The motion was seconded by Mrs. Teater and approved by the Board (Aye-7/Nay-1).

12:00 p.m.

The Board recessed for lunch.

1:31 p.m.

With all members present, the Board reconvened in Room East-B to continue the Board meeting.

1:40 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 James Scott Patton, R.Ph., Bexley.

3:06 p.m.

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

3:25 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 Richard L. Jarvis, Wadsworth.

5:20 p.m.

The hearing ended and the record was closed. Mrs. Teater left the meeting to attend to personal business.

5:23 p.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 David Browning Small.

5:37 p.m.

The record was closed. The Board meeting recessed until Tuesday, March 4, 2003.

TUESDAY, MARCH 4, 2003

8:31 a.m.

ROLL CALL

	The State Board of Pharmacy convened in Room East-B, 31st Floor, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with the following members present: Diane C. Adelman, R.Ph. (President); Robert P. Giacalone, R.Ph. (Vice-President); Gregory Braylock, R.Ph.; Suzanne R. Eastman, R.Ph.; Elizabeth I. Gregg, R.Ph.; Lawrence J. Kost, R.Ph.; Nathan S. Lipsyc, R.Ph.; Dorothy S. Teater, Public Member; and James E. Turner, R.Ph.
R-2003-125	Mr. McMillen presented two requests seeking Board approval to be providers of continuing pharmacy education (CPE) in Ohio. After discussion, Mrs. Gregg moved that the Board approve the Pharmacy Department at Fort Hamilton Hospital/Hamilton as an in-state provider of CPE. The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).
R-2003-126	Mr. Turner then moved that the Board approve the Pharmacy Department at Physicians Inc./Lima as an in-state provider of CPE. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

8:40 a.m.

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

9:40 a.m.

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

9:49 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 Lesley Zimmerman Kennedy, R.Ph., Cincinnati.

10:33 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 conducting an adjudication hearing in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of Nancy A. Womeldorph-Annarino, R.Ph., Newark.

12:09 p.m.

The hearing was recessed for lunch and the Board’s meeting with the reciprocity candidates.

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-2003-127

Following presentations by Board members and self-introductions by the candidates for licensure by reciprocity, the following candidates participated in a discussion of pharmacy laws and rules with Mr. McMillen and were then presented with their Ohio pharmacist identification cards.

ROOPINDER KAUR BHULLAR	03-3-25606	WEST VIRGINIA
LIAN CHEN	03-3-25621	INDIANA
AMY IRENE CHRISTOPHER	03-3-25623	KENTUCKY
DAVID ALLEN GARTRELL	03-3-25608	MICHIGAN

2:11 p.m.

The Board reconvened in Room East-B to continue the hearing in the matter of Nancy A. Womeldorph-Annarino, R.Ph.

4:07 p.m.

The hearing ended and the record was closed.

4:10 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. 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.

5:45 p.m.

R-2003-128	The Executive Session ended and the meeting was opened to the public. Mrs. Gregg moved that the Board approve the proposed payment plan received in the matter of Todd Jaros, R.Ph. The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).
R-2003-129	Mr. Braylock moved that, pursuant to Section 3719.121 of the Revised Code, the Board summarily suspend the license to practice pharmacy belonging to James M. Rosselit, R.Ph., D.O. (03-2-16535) 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). After a discussion of the draft minutes from the February, 2003 meeting, Mr. Lipsyc moved that the minutes be approved as amended. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).
R-2003-130	The Board next discussed the need to appoint a voting delegate and alternate for the NABP Annual Meeting in May. After discussion, Mrs. Gregg moved that the Board approve President Adelman to be the Board’s voting delegate and Mr. Giacalone to be the alternate delegate. The motion was seconded by Mr. Turner and approved by the Board (Aye-8/Nay-0).

6:00 p.m.

The meeting recessed until Wednesday, March 5, 2003.

WEDNESDAY, MARCH 5, 2003

8:34 a.m.

ROLL CALL

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

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

Mr. Keeley discussed his legislative report with the Board.

9:10 a.m.

The Board took a brief recess.

9:31 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 Ralph G. Homer, R.Ph., Olmsted Township.

10:04 a.m.

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

10:32 a.m.

R-2003-131	The Board granted a request made by Attorney John Irwin for a continuance to a later date of the hearing in the matter of George Plataz, R.Ph. that had been scheduled to begin at this time.
	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 OAC 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 either be mailed to the patient’s home or be available at the pharmacy filling the prescription for the patient to pick up the medication. After discussion, the Board decided to postpone a decision on this request until Board staff could obtain further information on the process.
R-2003-132	Mr. Winsley presented a request from Health Care Solutions/Sylvania (02-0713250) for an exemption to OAC 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. Braylock moved that the Board approve the request due to the need for involvement by a health care professional in the patient’s drug therapy [OAC Rule 4729-5-10(B)(5)(b)]. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

10:54 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 Richard Allen Calendine, R.Ph.

11:13 a.m.

The record was closed.

11:16 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.

11:40 a.m.

R-2003-133

The Executive Session ended and the meeting was opened to the public. Mr. Turner moved that the Board adopt the following Order in the matter of Richard L. Jarvis:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-021205-043)

In The Matter Of:

RICHARD L. JARVIS

277 Deepwood Drive

Wadsworth, Ohio 44281

(D.O.B. 02/11/1950)

INTRODUCTION

THE MATTER OF RICHARD L. JARVIS CAME FOR HEARING ON MARCH 3, 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.

RICHARD L. JARVIS 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. Robert Cole, Ohio State Board of Pharmacy

Respondent's Witnesses

1. Richard L. Jarvis, Respondent

State's Exhibits

1. Proposal To Deny/Notice of Opportunity For Hearing letter [12-05-02]

1A-1C. Procedurals

2. Order of the State Board of Pharmacy In Re Richard L. Jarvis [03-15-96]

3. Order of the State Board of Pharmacy In Re Medicine Shoppe [08-09-96]

4. Copy of Application for Examination as a Pharmacist of Richard Lee Jarvis [10-10-02]; and copy of typed letter from Rick Jarvis [not dated]

5. Copy of Notarized Statement of Richard Jarvis [05-12-93]

6. Copy of Notarized Statement of Richard Jarvis [12-12-94]

7. Copy of Notarized Statement of Richard Jarvis [12-12-94]

8. Copy of Notarized Statement of Dr. Paul Brammer [12-02-94]

9. Copy of Notarized Statement of Dr. Benjamin J. Gilliotte [12-02-94]

10. The Medicine Shoppe Medical Expenses Report for Jane Jarvis [06-02-92 to 04-10-93]; and copies of the following prescriptions: Rx #4309347 [04-14-92]; Rx #3214033 [09-03-92]; Rx #4211374 [06-12-92]; Rx #4214983 [10-02-92]; Rx #4216843 [11-28-92]; Rx #4217438 [12-15-92]; and Rx #5213590 [08-20-92]

11. List of Prescriptions Filled for Walter Johnson by R.Ph. Rick Jarvis [01-05-94 to 12-12-94]

12. The Medicine Shoppe Medical Expenses Report for Walter Johnson [01-07-94 to 11-28-94]

13. Copy of letter from Michael T. Kunesh, M.D. [02-15-95]

14. The Medicine Shoppe Medical Expenses Report for Dr. Kunesh's patient [02-04-91 to 08-02-95]; and copies of the following prescriptions: Rx #6185158 [05-01-90]; Rx #6185159 [05-01-90]; Rx #6212608 [07-22-92]; Rx #6214201 [09-10-92]; and Rx #6214202 [09-10-92]

15. Psychological Report for Richard Jarvis by Eugene S. Cherry, Ph.D. [01-23-95]

16. Indictment, State of Ohio vs. Richard L. Jarvis, No. 95-CR-2577, Montgomery County Common Pleas Court [08-22-95]

16A. Entry of Waiver and Plea on Indictment, State of Ohio vs. Richard L. Jarvis, Case No. 95-CR-2577, Montgomery County Common Pleas Court [01-06-97]

16B. Termination Entry (Sentencing), State of Ohio vs. Richard L. Jarvis, Case No. 95-CR-2577, Montgomery County Common Pleas Court [07-06-98]

Respondent's Exhibits

A. Adult Parole Authority letter of Final Release from Supervision for Richard L. Jarvis [not dated]

B. Letter from Eileen Riggs [02-18-03]

C. Letter from Oleta Yentz [02-28-03]

D. Letter from Ron Monore [02-21-03]

E. Letter from James L. Singleton [02-18-03]

F. Letter from Tom Mowbray, R.Ph. [02-24-03]

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 Ohio Board of Pharmacy indicate that Richard L. Jarvis submitted an Application for Examination as a Pharmacist on or about October 10, 2002.

(2) Records of the Board further indicate that Richard L. Jarvis was licensed by the State of Ohio as a pharmacist on March 18, 1975, by examination, and that Richard L. Jarvis' pharmacist license was summarily suspended on December 23, 1994. After notice and hearing, Richard L. Jarvis' license to practice pharmacy in Ohio was revoked by the Board effective March 15, 1996.

(3) On or about March 15, 1996, the Board found the following to be fact:

(a) Records of the Board indicate that Richard L. Jarvis was originally licensed to practice pharmacy in the state of Ohio on March 18, 1975; and, on December 23, 1994, Richard L. Jarvis’ license was summarily suspended in accordance with Section 3719.121(B) of the Ohio Revised Code.

(b) Richard L. Jarvis did, on or about the following dates, intentionally make and/or knowingly possess false or forged prescriptions, to wit: Richard L. Jarvis forged the following prescriptions to cover for the controlled substances he was giving his wife, Jane Jarvis, without prescriptions from a practitioner:

Date	Rx No.	Refills	Drug	Quantity	Doctor
04/14/92	3209347	5	Fiorinal	30	Scholl
09/03/92	3214033	5	Fiorinal	30	Scholl
06/12/92	4211374	5	Halcion .25mg	30	Scholl
10/02/92	4214983	5	Halcion .25mg	30	Scholl
11/28/92	4216843	5	Restoril 30mg	60	Scholl
12/15/92	4217438	5	Tranxene 3.75mg	50	Thuney
08/20/92	5213590	5	Lomanate	40	Scholl

Such conduct is in violation of Section 2925.23(B)(1) of the Ohio Revised Code.

(c) Richard L. Jarvis did, on or about the following dates, knowingly sell a controlled substance in amounts less than the minimum bulk amount when the conduct was not in accordance with Chapters 3719. and 4729. of the Ohio Revised Code, to wit: Richard L. Jarvis gave the following controlled substances in the following amounts to his wife, Jane Jarvis, when there had been no legitimate prescriptions issued by practitioners:

Date	Rx No.	Drug	Quantity	Doctor
04/14/92	3209347	Fiorinal	30	Scholl
06/10/92	3209347	Fiorinal	30	Scholl
07/08/92	3209347	Fiorinal	30	Scholl
07/31/92	3209347	Fiorinal	30	Scholl
08/19/92	3209347	Fiorinal	30	Scholl
09/03/92	3214033	Fiorinal	30	Scholl
12/15/92	4217438	Tranxene 3.75mg	50	Thuney
01/19/93	4217438	Tranxene 3.75mg	50	Thuney
08/20/92	5213590	Lomanate	40	Scholl
09/01/92	5213590	Lomanate	40	Scholl
09/08/92	5213590	Lomanate	40	Scholl
10/08/92	5213590	Lomanate	40	Scholl
11/19/92	5213590	Lomanate	40	Scholl
12/01/92	5213590	Lomanate	40	Scholl

Such conduct is in violation of Section 2925.03(A)(1) of the Ohio Revised Code.

(d) Richard L. Jarvis did, on or about the following dates, knowingly sell a controlled substance in amounts equal to or exceeding the bulk amount, but in an amount less than three times that amount when the conduct was not in accordance with Chapters 3719. and 4729. of the Ohio Revised Code, to wit: Richard L. Jarvis gave the following controlled substances in the following amounts to his wife, Jane Jarvis, when there had been no legitimate prescriptions issued by practitioners:

Date	Rx No.	Drug	Quantity	Doctor
06/12/92	4211374	Halcion .25mg	30	Scholl
07/10/92	4211374	Halcion .25mg	30	Scholl
07/28/92	4211374	Halcion .25mg	30	Scholl
08/10/92	4211374	Halcion .25mg	30	Scholl
09/01/92	4211374	Halcion .25mg	30	Scholl
09/15/92	4211374	Halcion .25mg	30	Scholl
10/02/92	4214983	Halcion .25mg	30	Scholl
11/14/92	4214983	Halcion .25mg	30	Scholl
12/20/92	4214983	Halcion .25mg	30	Scholl
11/28/92	4216843	Restoril 30mg	60	Scholl
01/11/93	4216843	Restoril 30mg	60	Scholl
02/08/93	4216843	Restoril 30mg	60	Scholl
03/03/93	4216843	Restoril 30mg	60	Scholl
03/27/93	4216843	Restoril 30mg	60	Scholl

Such conduct is in violation of Section 2925.03(A)(5) of the Ohio Revised Code.

(e) Richard L. Jarvis did, on or about the following dates, knowingly sell a controlled substance in amounts exceeding three times the bulk amount, but in an amount less than one hundred times that amount when the conduct was not in accordance with Chapters 3719. and 4729. of the Ohio Revised Code, to wit: Richard L. Jarvis sold the following controlled substances in the following amounts when there had been no legitimate prescriptions issued by practitioners, totaling 30,950 units of Vicodin ES, 19,750 units of Hydrocodone 5mg/APAP 500mg, 600 units of Percodan, and 450 Percocet (along with an undetermined amount of Soma, a dangerous drug) to the same individual in 1994:

Date	Rx No.	Drug	Quantity	Doctor
01/05/94	3231021	Hydrocodone	150	Brammer
01/05/94	3231022	Hydrocodone	150	Brammer
01/07/94	3231021	Hydrocodone	150	Brammer
01/07/94	3231022	Vicodin ES	150	Brammer
01/11/94	3231021	Hydrocodone	150	Brammer
01/11/94	3231022	Vicodin ES	150	Brammer
01/14/94	3231021	Hydrocodone	150	Brammer
01/14/94	3231022	Vicodin ES	150	Brammer
01/17/94	2231438	Percodan	150	Brammer
01/17/94	3231436	Hydrocodone	150	Brammer
01/22/94	3231022	Vicodin ES	150	Brammer
01/22/94	3231436	Hydrocodone	150	Brammer
01/25/94	3231436	Hydrocodone	150	Brammer
01/25/94	3231695	Vicodin ES	150	Brammer
01/28/94	3231436	Hydrocodone	150	Brammer
01/28/94	3231695	Vicodin ES	150	Brammer
01/31/94	3231695	Vicodin ES	150	Brammer
02/02/94	3231436	Hydrocodone	150	Brammer
02/02/94	3231695	Vicodin ES	150	Brammer
02/04/94	3231436	Hydrocodone	150	Brammer
02/04/94	3232078	Vicodin ES	150	Brammer
02/14/94	3232078	Vicodin ES	150	Brammer
02/14/94	3232370	Hydrocodone	150	Brammer
02/17/94	3232078	Vicodin ES	150	Brammer
02/19/94	3232078	Vicodin ES	150	Brammer
02/19/94	3232370	Hydrocodone	150	Brammer
02/22/94	3232078	Vicodin ES	150	Brammer
02/22/94	3232370	Hydrocodone	150	Brammer
02/24/94	3232078	Vicodin ES	150	Brammer
02/24/94	3232370	Hydrocodone	150	Brammer
02/26/94	3232937	Vicodin ES	150	Brammer
02/26/94	3232939	Hydrocodone	200	Brammer
03/01/94	3233927	Vicodin ES	150	Brammer
03/04/94	3232937	Vicodin ES	150	Brammer
03/04/94	3232939	Hydrocodone	200	Brammer
03/07/94	3232937	Vicodin ES	150	Brammer
03/10/94	3232937	Vicodin ES	150	Brammer
03/10/94	3232939	Hydrocodone	200	Brammer
03/12/94	3233523	Hydrocodone	200	Brammer
03/12/94	3233524	Vicodin ES	150	Brammer
03/15/94	3233524	Vicodin ES	150	Brammer
03/17/94	3233524	Vicodin ES	150	Brammer
03/18/94	3233523	Hydrocodone	200	Brammer
03/18/94	3233524	Vicodin ES	150	Brammer
03/21/94	3233523	Hydrocodone	200	Brammer
03/21/94	3233524	Vicodin ES	150	Brammer
03/24/94	3232937	Vicodin ES	150	Brammer
03/24/94	3233523	Hydrocodone	200	Brammer
03/26/94	3233524	Vicodin ES	150	Brammer
03/28/94	3233523	Hydrocodone	200	Brammer
03/28/94	3234090	Vicodin ES	150	Brammer
03/30/94	3234237	Vicodin ES	200	Brammer
03/30/94	3234238	Hydrocodone	200	Brammer
04/01/94	3234237	Vicodin ES	200	Brammer
04/01/94	3234238	Hydrocodone	200	Brammer
04/02/94	3234237	Vicodin ES	200	Brammer
04/12/94	3234237	Vicodin ES	200	Brammer
04/12/94	3234238	Hydrocodone	200	Brammer
04/14/94	3234237	Vicodin ES	200	Brammer
04/14/94	3234238	Hydrocodone	200	Brammer
04/16/94	3234237	Vicodin ES	200	Brammer
04/16/94	3234238	Hydrocodone	200	Brammer
04/18/94	3234894	Vicodin ES	200	Brammer
04/18/94	3234895	Hydrocodone	200	Brammer
04/20/94	3234894	Vicodin ES	200	Brammer
04/22/94	3234894	Vicodin ES	200	Brammer
04/22/94	3234895	Hydrocodone	200	Brammer
04/25/94	3234894	Vicodin ES	200	Brammer
04/25/94	3234895	Hydrocodone	200	Brammer
04/27/94	3234894	Vicodin ES	200	Brammer
04/27/94	3234895	Hydrocodone	200	Brammer
04/29/94	3234894	Vicodin ES	200	Brammer
04/29/94	3234895	Hydrocodone	200	Brammer
05/02/94	3234895	Hydrocodone	200	Brammer
05/02/94	3235412	Vicodin ES	200	Brammer
05/05/94	3235554	Hydrocodone	200	Brammer
05/05/94	3235555	Vicodin ES	200	Brammer
05/07/94	3235554	Hydrocodone	200	Brammer
05/07/94	3235555	Vicodin ES	200	Brammer
05/09/94	3235554	Hydrocodone	200	Brammer
05/09/94	3235555	Vicodin ES	200	Brammer
05/11/94	3235554	Hydrocodone	200	Brammer
05/11/94	3235555	Vicodin ES	200	Brammer
05/13/94	3235555	Vicodin ES	200	Brammer
05/16/94	3235554	Hydrocodone	200	Brammer
05/16/94	3235555	Vicodin ES	200	Brammer
05/19/94	3236119	Hydrocodone	200	Brammer
05/19/94	3236120	Vicodin ES	250	Brammer
05/21/94	3236119	Hydrocodone	200	Brammer
05/21/94	3236120	Vicodin ES	250	Brammer
05/23/94	3236119	Hydrocodone	200	Brammer
05/23/94	3236120	Vicodin ES	250	Brammer
05/26/94	3236119	Hydrocodone	200	Brammer
05/26/94	3236120	Vicodin ES	250	Brammer
05/28/94	3236119	Hydrocodone	200	Brammer
05/28/94	3236120	Vicodin ES	250	Brammer
05/31/94	3236119	Hydrocodone	200	Brammer
05/31/94	3236120	Vicodin ES	250	Brammer
06/03/94	3236746	Vicodin ES	250	Brammer
06/03/94	3236748	Hydrocodone	200	Brammer
06/06/94	3236746	Vicodin ES	250	Brammer
06/06/94	3236748	Hydrocodone	200	Brammer
06/08/94	2326746	Vicodin ES	250	Brammer
06/10/94	2326748	Hydrocodone	200	Brammer
06/10/94	3236746	Vicodin ES	250	Brammer
06/13/94	3236746	Vicodin ES	250	Brammer
06/13/94	3236748	Hydrocodone	200	Brammer
06/16/94	3236746	Vicodin ES	250	Brammer
06/16/94	3236748	Hydrocodone	200	Brammer
06/18/94	3236748	Hydrocodone	200	Brammer
06/18/94	3237293	Vicodin ES	250	Brammer
06/20/94	3237331	Hydrocodone	200	Brammer
06/20/94	3237332	Vicodin ES	250	Brammer
06/22/94	3237331	Hydrocodone	200	Brammer
06/22/94	3237332	Vicodin ES	250	Brammer
06/27/94	3237331	Hydrocodone	200	Brammer
06/27/94	3237332	Vicodin ES	250	Brammer
06/30/94	3237331	Hydrocodone	200	Brammer
06/30/94	3237332	Vicodin ES	250	Brammer
07/02/94	3237331	Hydrocodone	200	Brammer
07/02/94	3237332	Vicodin ES	250	Brammer
07/05/94	2237855	Percodan	200	Brammer
07/05/94	3237331	Hydrocodone	200	Brammer
07/05/94	3237852	Vicodin ES	250	Brammer
07/07/94	3237852	Vicodin ES	250	Brammer
07/07/94	3237940	Hydrocodone	200	Brammer
07/09/94	3237852	Vicodin ES	250	Brammer
07/11/94	3237852	Vicodin ES	250	Brammer
07/11/94	3237940	Hydrocodone	200	Brammer
07/13/94	3237852	Vicodin ES	250	Brammer
07/15/94	3237852	Vicodin ES	250	Brammer
07/15/94	3237940	Hydrocodone	200	Brammer
07/18/94	3238285	Vicodin ES	300	Brammer
07/18/94	3238286	Hydrocodone	150	Brammer
07/20/94	3238285	Vicodin ES	300	Brammer
07/20/94	3238286	Hydrocodone	150	Brammer
07/22/94	3238285	Vicodin ES	300	Brammer
07/22/94	3238286	Hydrocodone	150	Brammer
07/25/94	3238285	Vicodin ES	300	Brammer
07/25/94	3238286	Hydrocodone	150	Brammer
07/27/94	3238285	Vicodin ES	300	Brammer
07/27/94	3238286	Hydrocodone	150	Brammer
07/29/94	3238285	Vicodin ES	300	Brammer
07/29/94	3238286	Hydrocodone	150	Brammer
08/01/94	3238789	Vicodin ES	300	Brammer
08/01/94	3238790	Hydrocodone	150	Brammer
08/03/94	3238789	Vicodin ES	300	Brammer
08/03/94	3238790	Hydrocodone	150	Brammer
08/04/94	2238945	Percocet	200	Brammer
08/05/94	3238789	Vicodin ES	300	Brammer
08/05/94	3238790	Hydrocodone	150	Brammer
08/08/94	3238789	Vicodin ES	300	Brammer
08/08/94	3238790	Hydrocodone	150	Brammer
08/11/94	3238789	Vicodin ES	300	Brammer
08/11/94	3238790	Hydrocodone	150	Brammer
08/13/94	3238789	Vicodin ES	300	Brammer
08/15/94	3238790	Hydrocodone	150	Brammer
08/15/94	3239281	Vicodin ES	300	Brammer
08/17/94	3239281	Vicodin ES	300	Brammer
08/17/94	3239413	Hydrocodone	150	Brammer
08/19/94	3239281	Vicodin ES	300	Brammer
08/19/94	3239413	Hydrocodone	150	Brammer
08/22/94	3239281	Vicodin ES	300	Brammer
08/22/94	3239413	Hydrocodone	150	Brammer
08/24/94	3239281	Vicodin ES	300	Brammer
08/24/94	3239413	Hydrocodone	150	Brammer
08/26/94	3239281	Vicodin ES	300	Brammer
08/26/94	3239413	Hydrocodone	150	Brammer
08/29/94	3239413	Hydrocodone	150	Brammer
08/29/94	3239915	Vicodin ES	300	Brammer
08/31/94	3239915	Vicodin ES	300	Brammer
08/31/94	3240025	Hydrocodone	150	Gilliotte
09/02/94	3239915	Vicodin ES	300	Brammer
09/02/94	3240025	Hydrocodone	150	Gilliotte
09/06/94	3239915	Vicodin ES	300	Brammer
09/06/94	3240025	Hydrocodone	150	Gilliotte
09/08/94	3239915	Vicodin ES	300	Brammer
09/08/94	3240025	Hydrocodone	150	Gilliotte
09/10/94	3239915	Vicodin ES	300	Brammer
09/10/94	3240025	Hydrocodone	150	Gilliotte
09/12/94	3240417	Hydrocodone	100	Brammer
09/12/94	3240418	Vicodin ES	300	Brammer
09/14/94	3240025	Hydrocodone	150	Gilliotte
09/14/94	3240418	Vicodin ES	300	Brammer
09/16/94	3240642	Vicodin ES	300	Brammer
09/16/94	3240643	Hydrocodone	150	Gilliotte
09/19/94	3240642	Vicodin ES	300	Brammer
09/19/94	3240643	Hydrocodone	150	Gilliotte
09/21/94	3240642	Vicodin ES	300	Brammer
09/21/94	3240643	Hydrocodone	150	Gilliotte
09/23/94	3240642	Vicodin ES	300	Brammer
09/23/94	3240643	Hydrocodone	150	Gilliotte
09/26/94	3240642	Vicodin ES	300	Brammer
09/26/94	3240643	Hydrocodone	150	Gilliotte
09/28/94	3240642	Vicodin ES	300	Brammer
09/28/94	3240643	Hydrocodone	150	Gilliotte
09/30/94	2241215	Percodan	250	Brammer
09/30/94	3241214	Vicodin ES	300	Brammer
10/03/94	3241214	Vicodin ES	300	Brammer
10/03/94	3241284	Hydrocodone	150	Gilliotte
10/05/94	3241214	Vicodin ES	300	Brammer
10/05/94	3241284	Hydrocodone	150	Gilliotte
10/07/94	3241214	Vicodin ES	300	Brammer
10/07/94	3241284	Hydrocodone	150	Gilliotte
10/10/94	3241214	Vicodin ES	300	Brammer
10/10/94	3241284	Hydrocodone	150	Gilliotte
10/11/94	2341761	Vicodin ES	300	Brammer
10/11/94	3241852	Hydrocodone	150	Gilliotte
10/12/94	3241214	Vicodin ES	300	Brammer
10/12/94	3241284	Hydrocodone	150	Gilliotte
10/14/94	3241284	Hydrocodone	150	Gilliotte
10/14/94	3241761	Vicodin ES	300	Brammer
10/17/94	3241761	Vicodin ES	300	Brammer
10/17/94	3241852	Hydrocodone	150	Gilliotte
10/19/94	3241761	Vicodin ES	300	Brammer
10/19/94	3241852	Hydrocodone	150	Gilliotte
10/24/94	3241761	Vicodin ES	300	Brammer
10/24/94	3241852	Hydrocodone	150	Gilliotte
10/26/94	2242255	Percocet	250	Brammer
10/26/94	3241761	Vicodin ES	300	Brammer
10/31/94	3241852	Hydrocodone	150	Gilliotte
10/31/94	3242380	Vicodin ES	300	Brammer
11/02/94	3241852	Hydrocodone	150	Gilliotte
11/02/94	3242380	Vicodin ES	300	Brammer
11/04/94	3242380	Vicodin ES	300	Brammer
11/04/94	3242610	Hydrocodone	150	Gilliotte
11/07/94	3242380	Vicodin ES	300	Brammer
11/07/94	3242610	Hydrocodone	150	Gilliotte
11/09/94	3242380	Vicodin ES	300	Brammer
11/09/94	3242610	Hydrocodone	150	Gilliotte
11/11/94	3242380	Vicodin ES	300	Brammer
11/11/94	3242610	Hydrocodone	150	Gilliotte
11/14/94	3242610	Hydrocodone	150	Gilliotte
11/14/94	3242976	Vicodin ES	300	Brammer
11/18/94	3242610	Hydrocodone	150	Gilliotte
11/18/94	3242976	Vicodin ES	300	Brammer
11/21/94	3242976	Vicodin ES	300	Brammer
11/21/94	3243259	Hydrocodone	150	Gilliotte
11/23/94	3242976	Vicodin ES	300	Brammer
11/23/94	3243259	Hydrocodone	150	Gilliotte
11/25/94	3242976	Vicodin ES	300	Brammer
11/25/94	3243259	Hydrocodone	150	Gilliotte
11/28/94	3242976	Vicodin ES	300	Brammer
11/28/94	3243259	Hydrocodone	150	Gilliotte
12/03/94	3243773	Hydrocodone	200	Brammer
12/03/94	3243774	Vicodin ES	300	Brammer
12/07/94	3243773	Hydrocodone	200	Brammer
12/12/94	3243773	Hydrocodone	200	Brammer

Notwithstanding Walter Johnson’s affidavits, the voluminous evidence regarding the prescriptions themselves (i.e., number and quantity) indicates that they were not dispensed for a legitimate or bona fide medical purpose. Such conduct is in violation of Section 2925.03(A)(7) of the Ohio Revised Code.

(f) Richard L. Jarvis did, on or about the following dates, intentionally make and/or knowingly possess false or forged prescriptions, to wit: Richard L. Jarvis forged the following prescriptions to cover for the controlled substances he was selling without prescriptions from a practitioner:

Date	Rx No.	Drug	Quantity	Doctor
01/05/94	3231021	Hydrocodone	150	Brammer
01/05/94	3231022	Hydrocodone	150	Brammer
01/07/94	3231021	Hydrocodone	150	Brammer
01/07/94	3231022	Vicodin ES	150	Brammer
01/11/94	3231021	Hydrocodone	150	Brammer
01/11/94	3231022	Vicodin ES	150	Brammer
01/14/94	3231021	Hydrocodone	150	Brammer
01/14/94	3231022	Vicodin ES	150	Brammer
01/17/94	2231438	Percodan	150	Brammer
01/17/94	3231436	Hydrocodone	150	Brammer
01/22/94	3231022	Vicodin ES	150	Brammer
01/22/94	3231436	Hydrocodone	150	Brammer
01/25/94	3231436	Hydrocodone	150	Brammer
01/25/94	3231695	Vicodin ES	150	Brammer
01/28/94	3231436	Hydrocodone	150	Brammer
01/28/94	3231695	Vicodin ES	150	Brammer
01/31/94	3231695	Vicodin ES	150	Brammer
02/02/94	3231436	Hydrocodone	150	Brammer
02/02/94	3231695	Vicodin ES	150	Brammer
02/04/94	3231436	Hydrocodone	150	Brammer
02/04/94	3232078	Vicodin ES	150	Brammer
02/14/94	3232078	Vicodin ES	150	Brammer
02/14/94	3232370	Hydrocodone	150	Brammer
02/17/94	3232078	Vicodin ES	150	Brammer
02/19/94	3232078	Vicodin ES	150	Brammer
02/19/94	3232370	Hydrocodone	150	Brammer
02/22/94	3232078	Vicodin ES	150	Brammer
02/22/94	3232370	Hydrocodone	150	Brammer
02/24/94	3232078	Vicodin ES	150	Brammer
02/24/94	3232370	Hydrocodone	150	Brammer
02/26/94	3232937	Vicodin ES	150	Brammer
02/26/94	3232939	Hydrocodone	200	Brammer
03/01/94	3233927	Vicodin ES	150	Brammer
03/04/94	3232937	Vicodin ES	150	Brammer
03/04/94	3232939	Hydrocodone	200	Brammer
03/07/94	3232937	Vicodin ES	150	Brammer
03/10/94	3232937	Vicodin ES	150	Brammer
03/10/94	3232939	Hydrocodone	200	Brammer
03/12/94	3233523	Hydrocodone	200	Brammer
03/12/94	3233524	Vicodin ES	150	Brammer
03/15/94	3233524	Vicodin ES	150	Brammer
03/17/94	3233524	Vicodin ES	150	Brammer
03/18/94	3233523	Hydrocodone	200	Brammer
03/18/94	3233524	Vicodin ES	150	Brammer
03/21/94	3233523	Hydrocodone	200	Brammer
03/21/94	3233524	Vicodin ES	150	Brammer
03/24/94	3232937	Vicodin ES	150	Brammer
03/24/94	3233523	Hydrocodone	200	Brammer
03/26/94	3233524	Vicodin ES	150	Brammer
03/28/94	3233523	Hydrocodone	200	Brammer
03/28/94	3234090	Vicodin ES	150	Brammer
03/30/94	3234237	Vicodin ES	200	Brammer
03/30/94	3234238	Hydrocodone	200	Brammer
04/01/94	3234237	Vicodin ES	200	Brammer
04/01/94	3234238	Hydrocodone	200	Brammer
04/02/94	3234237	Vicodin ES	200	Brammer
04/12/94	3234237	Vicodin ES	200	Brammer
04/12/94	3234238	Hydrocodone	200	Brammer
04/14/94	3234237	Vicodin ES	200	Brammer
04/14/94	3234238	Hydrocodone	200	Brammer
04/16/94	3234237	Vicodin ES	200	Brammer
04/16/94	3234238	Hydrocodone	200	Brammer
04/18/94	3234894	Vicodin ES	200	Brammer
04/18/94	3234895	Hydrocodone	200	Brammer
04/20/94	3234894	Vicodin ES	200	Brammer
04/22/94	3234894	Vicodin ES	200	Brammer
04/22/94	3234895	Hydrocodone	200	Brammer
04/25/94	3234894	Vicodin ES	200	Brammer
04/25/94	3234895	Hydrocodone	200	Brammer
04/27/94	3234894	Vicodin ES	200	Brammer
04/27/94	3234895	Hydrocodone	200	Brammer
04/29/94	3234894	Vicodin ES	200	Brammer
04/29/94	3234895	Hydrocodone	200	Brammer
05/02/94	3234895	Hydrocodone	200	Brammer
05/02/94	3235412	Vicodin ES	200	Brammer
05/05/94	3235554	Hydrocodone	200	Brammer
05/05/94	3235555	Vicodin ES	200	Brammer
05/07/94	3235554	Hydrocodone	200	Brammer
05/07/94	3235555	Vicodin ES	200	Brammer
05/09/94	3235554	Hydrocodone	200	Brammer
05/09/94	3235555	Vicodin ES	200	Brammer
05/11/94	3235554	Hydrocodone	200	Brammer
05/11/94	3235555	Vicodin ES	200	Brammer
05/13/94	3235555	Vicodin ES	200	Brammer
05/16/94	3235554	Hydrocodone	200	Brammer
05/16/94	3235555	Vicodin ES	200	Brammer
05/19/94	3236119	Hydrocodone	200	Brammer
05/19/94	3236120	Vicodin ES	250	Brammer
05/21/94	3236119	Hydrocodone	200	Brammer
05/21/94	3236120	Vicodin ES	250	Brammer
05/23/94	3236119	Hydrocodone	200	Brammer
05/23/94	3236120	Vicodin ES	250	Brammer
05/26/94	3236119	Hydrocodone	200	Brammer
05/26/94	3236120	Vicodin ES	250	Brammer
05/28/94	3236119	Hydrocodone	200	Brammer
05/28/94	3236120	Vicodin ES	250	Brammer
05/31/94	3236119	Hydrocodone	200	Brammer
05/31/94	3236120	Vicodin ES	250	Brammer
06/03/94	3236746	Vicodin ES	250	Brammer
06/03/94	3236748	Hydrocodone	200	Brammer
06/06/94	3236746	Vicodin ES	250	Brammer
06/06/94	3236748	Hydrocodone	200	Brammer
06/08/94	2326746	Vicodin ES	250	Brammer
06/10/94	2326748	Hydrocodone	200	Brammer
06/10/94	3236746	Vicodin ES	250	Brammer
06/13/94	3236746	Vicodin ES	250	Brammer
06/13/94	3236748	Hydrocodone	200	Brammer
06/16/94	3236746	Vicodin ES	250	Brammer
06/16/94	3236748	Hydrocodone	200	Brammer
06/18/94	3236748	Hydrocodone	200	Brammer
06/18/94	3237293	Vicodin ES	250	Brammer
06/20/94	3237331	Hydrocodone	200	Brammer
06/20/94	3237332	Vicodin ES	250	Brammer
06/22/94	3237331	Hydrocodone	200	Brammer
06/22/94	3237332	Vicodin ES	250	Brammer
06/27/94	3237331	Hydrocodone	200	Brammer
06/27/94	3237332	Vicodin ES	250	Brammer
06/30/94	3237331	Hydrocodone	200	Brammer
06/30/94	3237332	Vicodin ES	250	Brammer
07/02/94	3237331	Hydrocodone	200	Brammer
07/02/94	3237332	Vicodin ES	250	Brammer
07/05/94	2237855	Percodan	200	Brammer
07/05/94	3237331	Hydrocodone	200	Brammer
07/05/94	3237852	Vicodin ES	250	Brammer
07/07/94	3237852	Vicodin ES	250	Brammer
07/07/94	3237940	Hydrocodone	200	Brammer
07/09/94	3237852	Vicodin ES	250	Brammer
07/11/94	3237852	Vicodin ES	250	Brammer
07/11/94	3237940	Hydrocodone	200	Brammer
07/13/94	3237852	Vicodin ES	250	Brammer
07/15/94	3237852	Vicodin ES	250	Brammer
07/15/94	3237940	Hydrocodone	200	Brammer
07/18/94	3238285	Vicodin ES	300	Brammer
07/18/94	3238286	Hydrocodone	150	Brammer
07/20/94	3238285	Vicodin ES	300	Brammer
07/20/94	3238286	Hydrocodone	150	Brammer
07/22/94	3238285	Vicodin ES	300	Brammer
07/22/94	3238286	Hydrocodone	150	Brammer
07/25/94	3238285	Vicodin ES	300	Brammer
07/25/94	3238286	Hydrocodone	150	Brammer
07/27/94	3238285	Vicodin ES	300	Brammer
07/27/94	3238286	Hydrocodone	150	Brammer
07/29/94	3238285	Vicodin ES	300	Brammer
07/29/94	3238286	Hydrocodone	150	Brammer
08/01/94	3238789	Vicodin ES	300	Brammer
08/01/94	3238790	Hydrocodone	150	Brammer
08/03/94	3238789	Vicodin ES	300	Brammer
08/03/94	3238790	Hydrocodone	150	Brammer
08/04/94	2238945	Percocet	200	Brammer
08/05/94	3238789	Vicodin ES	300	Brammer
08/05/94	3238790	Hydrocodone	150	Brammer
08/08/94	3238789	Vicodin ES	300	Brammer
08/08/94	3238790	Hydrocodone	150	Brammer
08/11/94	3238789	Vicodin ES	300	Brammer
08/11/94	3238790	Hydrocodone	150	Brammer
08/13/94	3238789	Vicodin ES	300	Brammer
08/15/94	3238790	Hydrocodone	150	Brammer
08/15/94	3239281	Vicodin ES	300	Brammer
08/17/94	3239281	Vicodin ES	300	Brammer
08/17/94	3239413	Hydrocodone	150	Brammer
08/19/94	3239281	Vicodin ES	300	Brammer
08/19/94	3239413	Hydrocodone	150	Brammer
08/22/94	3239281	Vicodin ES	300	Brammer
08/22/94	3239413	Hydrocodone	150	Brammer
08/24/94	3239281	Vicodin ES	300	Brammer
08/24/94	3239413	Hydrocodone	150	Brammer
08/26/94	3239281	Vicodin ES	300	Brammer
08/26/94	3239413	Hydrocodone	150	Brammer
08/29/94	3239413	Hydrocodone	150	Brammer
08/29/94	3239915	Vicodin ES	300	Brammer
08/31/94	3239915	Vicodin ES	300	Brammer
08/31/94	3240025	Hydrocodone	150	Gilliotte
09/02/94	3239915	Vicodin ES	300	Brammer
09/02/94	3240025	Hydrocodone	150	Gilliotte
09/06/94	3239915	Vicodin ES	300	Brammer
09/06/94	3240025	Hydrocodone	150	Gilliotte
09/08/94	3239915	Vicodin ES	300	Brammer
09/08/94	3240025	Hydrocodone	150	Gilliotte
09/10/94	3239915	Vicodin ES	300	Brammer
09/10/94	3240025	Hydrocodone	150	Gilliotte
09/12/94	3240417	Hydrocodone	100	Brammer
09/12/94	3240418	Vicodin ES	300	Brammer
09/14/94	3240025	Hydrocodone	150	Gilliotte
09/14/94	3240418	Vicodin ES	300	Brammer
09/16/94	3240642	Vicodin ES	300	Brammer
09/16/94	3240643	Hydrocodone	150	Gilliotte
09/19/94	3240642	Vicodin ES	300	Brammer
09/19/94	3240643	Hydrocodone	150	Gilliotte
09/21/94	3240642	Vicodin ES	300	Brammer
09/21/94	3240643	Hydrocodone	150	Gilliotte
09/23/94	3240642	Vicodin ES	300	Brammer
09/23/94	3240643	Hydrocodone	150	Gilliotte
09/26/94	3240642	Vicodin ES	300	Brammer
09/26/94	3240643	Hydrocodone	150	Gilliotte
09/28/94	3240642	Vicodin ES	300	Brammer
09/28/94	3240643	Hydrocodone	150	Gilliotte
09/30/94	2241215	Percodan	250	Brammer
09/30/94	3241214	Vicodin ES	300	Brammer
10/03/94	3241214	Vicodin ES	300	Brammer
10/03/94	3241284	Hydrocodone	150	Gilliotte
10/05/94	3241214	Vicodin ES	300	Brammer
10/05/94	3241284	Hydrocodone	150	Gilliotte
10/07/94	3241214	Vicodin ES	300	Brammer
10/07/94	3241284	Hydrocodone	150	Gilliotte
10/10/94	3241214	Vicodin ES	300	Brammer
10/10/94	3241284	Hydrocodone	150	Gilliotte
10/11/94	2341761	Vicodin ES	300	Brammer
10/11/94	3241852	Hydrocodone	150	Gilliotte
10/12/94	3241214	Vicodin ES	300	Brammer
10/12/94	3241284	Hydrocodone	150	Gilliotte
10/14/94	3241284	Hydrocodone	150	Gilliotte
10/14/94	3241761	Vicodin ES	300	Brammer
10/17/94	3241761	Vicodin ES	300	Brammer
10/17/94	3241852	Hydrocodone	150	Gilliotte
10/19/94	3241761	Vicodin ES	300	Brammer
10/19/94	3241852	Hydrocodone	150	Gilliotte
10/24/94	3241761	Vicodin ES	300	Brammer
10/24/94	3241852	Hydrocodone	150	Gilliotte
10/26/94	2242255	Percocet	250	Brammer
10/26/94	3241761	Vicodin ES	300	Brammer
10/31/94	3241852	Hydrocodone	150	Gilliotte
10/31/94	3242380	Vicodin ES	300	Brammer
11/02/94	3241852	Hydrocodone	150	Gilliotte
11/02/94	3242380	Vicodin ES	300	Brammer
11/04/94	3242380	Vicodin ES	300	Brammer
11/04/94	3242610	Hydrocodone	150	Gilliotte
11/07/94	3242380	Vicodin ES	300	Brammer
11/07/94	3242610	Hydrocodone	150	Gilliotte
11/09/94	3242380	Vicodin ES	300	Brammer
11/09/94	3242610	Hydrocodone	150	Gilliotte
11/11/94	3242380	Vicodin ES	300	Brammer
11/11/94	3242610	Hydrocodone	150	Gilliotte
11/14/94	3242610	Hydrocodone	150	Gilliotte
11/14/94	3242976	Vicodin ES	300	Brammer
11/18/94	3242610	Hydrocodone	150	Gilliotte
11/18/94	3242976	Vicodin ES	300	Brammer
11/21/94	3242976	Vicodin ES	300	Brammer
11/21/94	3243259	Hydrocodone	150	Gilliotte
11/23/94	3242976	Vicodin ES	300	Brammer
11/23/94	3243259	Hydrocodone	150	Gilliotte
11/25/94	3242976	Vicodin ES	300	Brammer
11/25/94	3243259	Hydrocodone	150	Gilliotte
11/28/94	3242976	Vicodin ES	300	Brammer
11/28/94	3243259	Hydrocodone	150	Gilliotte
12/03/94	3243773	Hydrocodone	200	Brammer
12/03/94	3243774	Vicodin ES	300	Brammer
12/07/94	3243773	Hydrocodone	200	Brammer
12/12/94	3243773	Hydrocodone	200	Brammer

Such conduct is in violation of Section 2925.23(B)(1) of the Ohio Revised Code.

(g) Richard L. Jarvis did, on or about November 28, 1994, knowingly make and/or affix false or forged labels to packages or receptacles containing dangerous drugs when the conduct was not in accordance with Chapters 3719. and 4729. of the Ohio Revised Code, to wit: without legitimate prescriptions or authorization from the practitioners, Richard L. Jarvis created false labels and placed them on prescription vials and sold 300 Soma tablets in two vials, 300 Vicodin ES tablets in two vials, and 300 Vicodin tablets in two vials. Such conduct is in violation of Section 2925.23(D) of the Ohio Revised Code.

(h) Richard L. Jarvis did, on or about the following dates, make false or forged prescriptions for dangerous drugs, to wit: Richard L. Jarvis created the following prescriptions for Soma, a dangerous drug, without authorization from a practitioner:

Date	Rx No.	Quantity	Doctor
08/05/94	6238971	300	Brammer
09/19/94	6240641	300	Brammer
11/28/94	6243436	300	Brammer

Such conduct is in violation of Section 4729.61(C) of the Ohio Revised Code.

(i) Richard L. Jarvis did, on or about December 10, 1994, knowing that an official investigation was in progress or likely to be instituted, alter, destroy, conceal or remove computer records with purpose to impair their value or availability as evidence in such proceeding, to wit: Richard L. Jarvis purged computer records of patient profiles and/or drugs dispensed fearing that he would be caught for trafficking in drugs and/or illegal processing of drug documents. Such conduct is in violation of Section 2921.12 of the Ohio Revised Code.

(j) Richard L. Jarvis did, on or about the following dates, make a false or forged prescription for a dangerous drug, to wit: Richard L. Jarvis created the following prescriptions for glaucoma medication when not authorized by the physician indicated thereon:

Rx No.	Date	Refills Dispensed
6185158	05/01/90	at least 1
6185159	05/01/90	at least 3
6198766	06/10/91	0
6198767	06/10/91	0
6200105	07/22/91	5
6200106	07/22/91	0
6201523	09/04/91	6
6201524	09/04/91	8
6212608	07/22/92	5
6214201	09/10/92	4
6214202	09/10/92	4
6226328	08/18/93	3
6226329	08/18/93	5
6226330	08/18/93	3
6241281	10/03/94	1
6241282	10/03/94	1
6241283	10/03/94	1

Such conduct is in violation of Section 4729.61(C) of the Ohio Revised Code.

(k) Richard L. Jarvis did, on or about the following dates, sell at retail dangerous drugs when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Richard L. Jarvis sold the following glaucoma medications without a prescription from a practitioner:

Rx No.	Date	Refills Dispensed
6185158	05/01/90	at least 1
6185159	05/01/90	at least 3
6198766	06/10/91	0
6198767	06/10/91	0
6200105	07/22/91	5
6200106	07/22/91	0
6201523	09/04/91	6
6201524	09/04/91	8
6212608	07/22/92	5
6214201	09/10/92	4
6214202	09/10/92	4
6226328	08/18/93	3
6226329	08/18/93	5
6226330	08/18/93	3
6241281	10/03/94	1
6241282	10/03/94	1
6241283	10/03/94	1

Such conduct is in violation of Section 4729.51(C)(1) of the Ohio Revised Code.

(4) On or about March 15, 1996, the Board concluded that Richard L. Jarvis was guilty of dishonesty and unprofessional conduct in the practice of pharmacy and guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapter 2925. or 4729. of the Revised Code as provided in Section 4729.16 of the Ohio Revised Code. For these reasons, the Board revoked Richard L. Jarvis’ license, No. 03-1-11135, to practice pharmacy in Ohio effective March 15, 1996.

(5) Richard L. Jarvis was, on or about January 6, 1997, found guilty in the Common Pleas Court of Montgomery County, Ohio, of Aggravated Trafficking in Drugs, a felony of the first degree.

CONCLUSIONS OF LAW

(1) The State Board of Pharmacy concludes that paragraph (5) of the Findings of Fact constitutes having been convicted of a felony as provided in paragraph (A) 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 convicted of violating any state or federal pharmacy or drug law as provided in paragraph (B) of Rule 4729-5-04 of the Ohio Administrative Code.

(3) The State Board of Pharmacy concludes that paragraph (3) 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.

(4) The State Board of Pharmacy concludes that paragraphs (2) and (4) of the Findings of Fact constitute having been disciplined by the Ohio Board of Pharmacy pursuant to Section 4729.16 of the Revised Code as provided in paragraph (E) of Rule 4729-5-04 of the Ohio Administrative Code.

ACTION OF THE BOARD

Pursuant to Section 4729.08 of the Ohio Revised Code and Rule 4729-5-04 of the Ohio Administrative Code, and after consideration of the record as a whole, the State Board of Pharmacy hereby denies the issuance of a certificate of registration or an identification card and, therefore, denies the Application for Examination as a Pharmacist submitted by Richard L. Jarvis on or about October 10, 2002. Further, Richard L. Jarvis may not submit an Application for Examination as a Pharmacist prior to five years from the effective date 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-8/Nay-0).

R-2003-134

Mr. Kost then moved that the Board adopt the following Order in the matter of David Browning Small:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-030109-054)

In The Matter Of:

DAVID BROWNING SMALL, R.Ph.

578 Old School Forest Lane

Sparta, Michigan 49345

INTRODUCTION

THE MATTER OF DAVID BROWNING SMALL CAME FOR CONSIDERATION ON MARCH 3, 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 JAMES E. TURNER, R.Ph.

DAVID BROWNING SMALL 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. Jesse Wimberly, Ohio State Board of Pharmacy

Respondent's Witnesses

None

State's Exhibits

1. Copy of Proposal To Deny/Notice of Opportunity For Hearing letter [01-09-03]

2. NABP Official Application for Transfer of Pharmaceutic Licensure of David Browning Small [05-22-02]

3. Stipulation, In the Matter of David Browning Small, R.Ph., Docket No. 91-0089, State of Michigan Department of Licensing and Regulation, Board of Pharmacy [09-05-91]

4. Consent Order and Stipulation, In the Matter of David Browning Small, R.Ph., Docket No. 91-0089, State of Michigan Department of Licensing and Regulation, Board of Pharmacy [10-16-91]

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 January 9, 2003, David Browning Small 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 of January 14, 2003, David Browning Small received the letter of January 9, 2003, informing him of the allegations against him, and his rights.

(3) David Browning Small has not responded in any manner to the letter of January 9, 2003, and has not requested a hearing in this matter.

(4) David Browning Small is a registered pharmacist in the states of Indiana and Michigan, and on or about May 22, 2002, David Browning Small applied for reciprocal registration into the state of Ohio.

(5) David Browning Small's license to practice pharmacy in Michigan was, on or about October 16, 1991, suspended due to his thefts of controlled substances for his own abuse. David Browning Small’s license was subsequently reinstated, and he was placed on a period of probation.

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 being addicted to or abusing liquor or drugs as provided in paragraph (D) of Rule 4729-5-04 of the Ohio Administrative Code.

(3) 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 4729.09 of the Ohio Revised Code and Rule 4729-5-04 of the Ohio Administrative Code, and after consideration of the record as a whole, the State Board of Pharmacy hereby denies the issuance of a certificate of registration or an identification card to practice pharmacy as a pharmacist in Ohio and, therefore, denies the Official Application for Transfer of Pharmaceutic Licensure submitted by David Browning Small dated May 22, 2002.

Further, the Board will not consider any new application submitted by David Browning Small until Mr. Small appears before the Board.

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

MOTION CARRIED.

SO ORDERED.

The motion was seconded by Mrs. Gregg and approved by the Board (Aye-7/Nay-0/Abstain-1[Teater]).

R-2003-135

Mr. Lipsyc then moved that the Board adopt the following Order in the matter of James Scott Patton, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-021022-022)

In The Matter Of:

JAMES SCOTT PATTON, R.Ph.

2802-D Sherwood Road

Bexley, Ohio 43209

(R.Ph. No. 03-3-22165)

INTRODUCTION

THE MATTER OF JAMES SCOTT PATTON CAME FOR HEARING ON MARCH 3, 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.

JAMES SCOTT PATTON WAS NOT REPRESENTED BY COUNSEL, AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

State’s Witnesses

None

Respondent's Witnesses

1. Nick Andrew Kallis, R.Ph.

2. Valerie Menzo

3. James Scott Patton, R.Ph., Respondent

4. Michael Quigley

State's Exhibits

1. Reinstatement Hearing Request letter from James Scott Patton [not dated]

1A-1B. Procedurals

2. Copy of State Board of Pharmacy Order in re James Scott Patton, R.Ph. [07-17-00]

3. Copy of Notarized Statement of James Scott Patton [07-02-99]

4. Constitutional Rights Waiver Form of James Scott Patton [07-01-99]

5. Accountability Statement for Adderall 10 mg at Kroger Co. N-341 [07-02-99]

6. Accountability Statement for Adderall 20 mg at Kroger Co. N-341 [07-02-99]

7. Accountability Statement for Dexedrine 5 mg at Kroger Co. N-341 [07-02-99]

8. Accountability Statement for Dexedrine 10 mg at Kroger Co. N-341 [07-02-99]

9. Accountability Statement for Dexedrine 15 mg at Kroger Co. N-341 [07-02-99]

10. Accountability Statement for Methylphenidate 10 mg at Kroger Co. N-341 [07-02-99]

11. Accountability Statement for Methylphenidate 20 mg at Kroger Co. N-341 [07-02-99]

12. Accountability Statement for Methylphenidate 20 mg (ER) at Kroger Co. N-341 [07-02-99]

13. Accountability Statement for OxyContin 10 mg at Kroger Co. N-341 [07-02-99]

14. Accountability Statement for OxyContin 20 mg at Kroger Co. N-341 [07-02-99]

15. Accountability Statement for OxyContin 40 mg at Kroger Co. N-341 [07-02-99]

16. Accountability Statement for OxyContin 80 mg at Kroger Co. N-341 [07-02-99]

17. Accountability Statement for Oxycodone/APAP 325 at Kroger Co. N-341 [07-02-99]

18. Accountability Statement for Percocet at Kroger Co. N-341 [07-02-99]

19. Accountability Statement for Ritalin SR 20 mg at Kroger Co. N-341 [07-02-99]

20. Accountability Statement for Roxicodone 5 mg at Kroger Co. N-341 [07-02-99]

21. Accountability Statement for APAP/Codeine #4 at Kroger Co. N-341 [07-02-99]

22. Accountability Statement for Anexsia 7.5/650 at Kroger Co. N-341 [07-02-99]

23. Accountability Statement for Cylert 37.5 mg at Kroger Co. N-341 [07-02-99]

24. Accountability Statement for Cylert 37.5 mg (Chewable) at Kroger Co. N-341 [07-02-99]

25. Accountability Statement for Cylert 75 mg at Kroger Co. N-341 [07-02-99]

26. Accountability Statement for Hydrocodone/APAP 7.5/500 at Kroger Co. N-341 [07-02-99]

27. Accountability Statement for Hydrocodone/APAP 10/500 at Kroger Co. N-341 [07-02-99]

28. Accountability Statement for Hydrocodone/APAP 10/650 at Kroger Co. N-341 [07-02-99]

29. Accountability Statement for Lorcet 10/650 at Kroger Co. N-341 [07-02-99]

30. Accountability Statement for Lortab 7.5/500 at Kroger Co. N-341 [07-02-99]

31. Accountability Statement for Lortab 10/500 at Kroger Co. N-341 [07-02-99]

32. Accountability Statement for Norco 10/325 at Kroger Co. N-341 [07-02-99]

33. Accountability Statement for Tussionex Suspension at Kroger Co. N-341 [07-02-99]

34. Accountability Statement for Tylenol #4 at Kroger Co. N-341 [07-02-99]

35. Accountability Statement for Vicodin ES at Kroger Co. N-341 [07-02-99]

41. Rx #2216779 [04-25-99]

43. Perpetual Inventory Record for OxyContin 40 mg [07-13-98 to 04-22-99]

44. Rx #2216985 [05-14-99]

46. Rx #2216988 [05-14-99]

47. Rx #2217036 [05-18-99]

49. Perpetual Inventory Record for OxyContin 10 mg [05-18-99 to 06-25-99]

50. Rx #2217098 [05-22-99]

52. Perpetual Inventory Record for Percocet [05-22-99 to 06-22-99]

53. Rx #2217119 [05-24-99]

55. Perpetual Inventory Record for Endocet (oxycodone/APAP) [05-20-99 to 05-27-99]

56. Rx #2217235 [06-02-99]

58. Perpetual Inventory Record for Endocet (oxycodone/APAP) [05-22-99 to 06-04-99]

59. Rx #2217248 [05-28-99]

60. Rx #2217260 [06-04-99]

62. Perpetual Inventory Record for Endocet (oxycodone/APAP) [06-04-99 to 06-09-99]

63. Rx #2217331 [06-10-99]

65. Rx #2217355 [06-11-99]

66. Perpetual Inventory Record for OxyContin 40 mg. [05-18 to 07-03]

67. Bill of Information, State of Ohio vs. James S. Patton, Case No. 00CR-06-3467, Franklin County Common Pleas Court [06-08-00]

68. Entry of Guilty Plea [06-08-00]

69. Entry for Treatment in Lieu of Conviction [06-08-00]

Respondent's Exhibits

A. Copy of State Board of Pharmacy Order in re James Scott Patton, R.Ph. [07-17-00]; PRO Pharmacist's Recovery Contract for James Scott Patton [09-25-00]; Shepherd Hill Hospital Recovery Plan for James Scott Patton [04-12-00]

B. Calendar pages from April 2000 to March 2003

C. Support Group Attendance Records [04-14-00 to 03-02-03]; Copy of nine Certificates of Appreciation [06-15-01 to 10-23-02]

D. Drug Screen Reports [05-21-00 to 02-10-03]; Compass Vision, Inc. Licensee Summary Report for James Patton [01-01-02 to 01-20-03]; Letter from Michael D. Quigley, R.Ph. [02-20-03]

E. Continuing Pharmaceutical Education Certificates [08-10-98 to 01-18-03]

F. Entry For Treatment In Lieu Of Conviction, State of Ohio vs. James Scott Patton, Case No. 00CR-06-3467, Franklin County Common Pleas Court [06-08-00]; Adult Probation Department Conditions of Supervision for James Scott Patton [not dated]; five Receipts for Payments To The Franklin County Common Pleas Adult Probation Department [09-05-00 to 01-02-01]; Completion of Treatment In Lieu Of Conviction, State of Ohio vs. James Scott Patton, Case No. 00CR-3467, Franklin County Common Pleas Court [11-29-02]

G. Letter from Scott Patton [11-07-02]; Letter from Bill Sheridan [11-20-02]; and copy of letter and restitution check no.1369 to Kroger Co. from Scott Patton [02-06-03]

H. Letter from JR Abrahamsen, NCAC I, CCDC III-E [02-22-03]; Eleven Letters or Support [01-14-99 to 02-19-03]

FINDING OF FACT

After having heard the testimony, observed the demeanor of the witnesses, considered the evidence, and weighed the credibility of each, the State Board of Pharmacy finds that James Scott Patton has complied with the terms set forth in the Order of the State Board of Pharmacy, Docket No. D-990714-001, effective July 17, 2000.

DECISION OF THE BOARD

On the basis of the Finding of Fact set forth above, and after consideration of the record as a whole, the State Board of Pharmacy hereby approves the reinstatement of the pharmacist identification card, No. 03-0-22165, held by James Scott Patton to practice pharmacy in Ohio and places James Scott Patton on probation for five years beginning on the effective date of this Order, with the following conditions:

(A) James Scott Patton must enter into a contract, signed within thirty days after the effective date of this Order, with an Ohio Department of Alcohol and Drug Addiction Services (ODADAS) treatment provider or a treatment provider acceptable to the Board for a period of not less than five years and submit a copy of the signed contract to the Board office before his pharmacist identification card is issued. The contract must provide that:

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

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

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

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

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

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

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

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

(B) James Scott Patton must submit quarterly progress reports to the Board (due January 10, April 10, July 10, and October 10 of each year of probation) that include:

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

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

(C) Other terms of probation are as follows:

(1) James Scott Patton must complete restitution to Kroger Co. N-341 and Riverside Hospital, and provide written documentation to the Board before the end of his probation period.

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

(3) James Scott Patton may not serve as a responsible pharmacist.

(4) James Scott Patton may not destroy, assist in, or witness the destruction of controlled substances.

(5) James Scott Patton must abide by the contract with his treatment provider and must immediately report any violation of the contract to the Board.

(6) James Scott Patton must not violate the drug laws of Ohio, any other state, or the federal government.

(7) James Scott Patton must abide by the rules of the State Board of Pharmacy.

(8) James Scott Patton 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.

If James Scott Patton's pharmacist identification card to practice pharmacy in Ohio is not issued within three years from the effective date of this Order, James Scott Patton must also take and pass the North American Pharmacist Licensure Examination (NAPLEX) or an equivalent examination accepted by the Board.

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

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

MOTION CARRIED.

SO ORDERED.

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

R-2003-136

Mrs. Gregg then moved that the Board adopt the following Order in the matter of Lesley Zimmerman Kennedy, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-021104-025)

In The Matter Of:

LESLEY ZIMMERMAN KENNEDY, R.Ph.

4415 Plainville Road

Cincinnati, Ohio 45227

(R.Ph. No. 03-1-17455)

INTRODUCTION

THE MATTER OF LESLEY ZIMMERMAN KENNEDY CAME FOR HEARING ON MARCH 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.

LESLEY ZIMMERMAN KENNEDY 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. Elaine M. Jones, R.Ph., Ohio State Board of Pharmacy

Respondent's Witnesses

1. Robert Kennedy, R.Ph.

2. Lesley Zimmerman Kennedy, R.Ph., Respondent

State's Exhibits

1. Copy of Summary Suspension Order/Notice of Opportunity For Hearing letter [11-04-02]

1A-1E. Procedurals

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

Respondent's Exhibits

A. Continuing Care Contract of Lesley Zimmerman Kennedy [not dated]

B. Support Group Events and Appointments listing [10-18-02 to 03-03-03]

C.

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 Ohio Board of Pharmacy indicate that Lesley Zimmerman Kennedy was originally licensed by the State of Ohio as a pharmacist on July 29, 1988, pursuant to examination. Records further reflect that the Board summarily suspended Lesley Zimmerman Kennedy’s license to practice pharmacy on November 4, 2002.

(2) Lesley Zimmerman Kennedy is addicted to liquor or drugs or impaired physically or mentally to such a degree as to render her unfit to practice pharmacy, to wit: Lesley Zimmerman Kennedy admitted to a Board Agent that she was addicted to drugs. Such conduct indicates that Ms. Kennedy falls within the ambit of Sections 3719.121(A)&(B) and 4729.16(A)(3) of the Ohio Revised Code.

(3)

CONCLUSIONS OF LAW

(1) The State Board of Pharmacy concludes that paragraph (3) of the Findings of Fact constitutes being guilty of gross immorality

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

(3) The State Board of Pharmacy concludes that paragraph (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 her unfit to practice pharmacy as provided in Division (A)(3) of Section 4729.16 of the Ohio Revised Code.

(4) The State Board of Pharmacy concludes that paragraph (3) 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 3719.121 of the Ohio Revised Code, the State Board of Pharmacy hereby removes the Summary Suspension Order issued to Lesley Zimmerman Kennedy on November 4, 2002.

Pursuant to Section 4729.16 of the Ohio Revised Code, and after consideration of the record as a whole, the State Board of Pharmacy hereby suspends indefinitely the pharmacist identification card, No. 03-1-17455, held by Lesley Zimmerman Kennedy and such suspension is effective as of the date of the mailing of this Order.

(A) Lesley Zimmerman Kennedy, 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) Lesley Zimmerman Kennedy, 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.

Further, after one year from the effective date of this Order the Board will consider any petition filed by Lesley Zimmerman Kennedy 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) Lesley Zimmerman Kennedy 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) Opiates and synthetic opiates must be added to the standard urine drug screen.

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

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

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

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

(C) Lesley Zimmerman Kennedy must provide, at the reinstatement petition hearing, documentation of the following:

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

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

(3) Compliance with the terms of this Order.

(D) If reinstatement is not accomplished within three years of the effective date of this Order, Lesley Zimmerman Kennedy 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. Braylock and approved by the Board (Aye-8/Nay-0).

R-2003-137

Mr. Braylock then moved that the Board adopt the following Order in the matter of Nancy A. Womeldorph-Annarino, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-030109-055)

In The Matter Of:

NANCY A. WOMELDORPH-ANNARINO, R.Ph.

440 Reverie Place

Newark, Ohio 43055

(R.Ph. No. 03-1-10909)

INTRODUCTION

THE MATTER OF NANCY A. WOMELDORPH-ANNARINO CAME FOR HEARING ON MARCH 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.

NANCY A. WOMELDORPH-ANNARINO WAS REPRESENTED BY ERIC J. PLINKE, AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

State’s Witnesses

1. William Padgett, Ohio State Board of Pharmacy

2. Steve Geltch, R.Ph.

Respondent's Witnesses

1. Nancy Annarino, R.Ph.

2. Wayne C. Miller, R.Ph.

State's Exhibits

1. Copy of Notice of Opportunity For Hearing letter [01-09-03]

1A-1C. Procedurals

2. Copy of Notice of Opportunity For A Hearing letter in re Nancy W. Lawless [08-30-91]

2A. Copy of State Board of Pharmacy Consent Agreement in re Nancy W. Lawless [10-21-91]

3. Copy of State Board of Pharmacy Settlement Agreement in re Nancy A. Womeldorph [03-07-96]

11. CVS Pharmacy #2405 Patient Profile of Nancy A. Womeldorph [01-01-01 to 06-26-02]

12. Notarized Written Statement of Nancy Womeldorph [06-26-02]

13. Rx #C173049 [05-13-01]

14. Rx #C185015 [09-20-01]

15. Rx #C9104445 crossed out, handwritten 191100 [10-17-01]

16. Rx #215956 [05-24-02]

17. Rx #206320 [03-09-02]; Rx #208424 [03-25-02]

18. Rx #C193752 [03-06-02];Rx #C208426 [03-25-02]

19. Rx #214272 [05-10-02]

20. Rx #169462 [04-06-01]

21. Rx #178129 [07-06-01]

22. Rx #191181 [11-19-01]; Rx #191182 [11-19-01]

23. CVS Pharmacy #2405 Patient Profile for Patricia [01-01-02 to 06-26-02]

24. CVS Pharmacy #2405 Patient Profile for Janice [01-01-02 to 06-26-02]

25. Notarized Written Statement of Dr. Richard Simon [01-06-03]

26. Prescription Information Report for Nancy Womeldorph [01-14-01 to 06-12-02]

Respondent's Exhibits

A. Copy of letter from Michael D. Quigley, R.Ph.; Drug Screen Reports [12-13-02 to 01-21-03]; and PRO Inc. Pharmacist’s Recovery Contract for Nancy A. Womeldorph [10-15-02]

B. Letter from Richard N. Whitney, MD and Ellen Laubis, M.Ed., CCDC III [02-26-03]

C. Support Group Attendance Records [10-05-02 to 03-01-03]

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 Nancy A. Womeldorph-Annarino was originally licensed by the State of Ohio as a pharmacist on July 30, 1974, pursuant to examination, and is currently licensed to practice pharmacy in Ohio. Records further reflect that Nancy A. Womeldorph-Annarino was previously disciplined by the Board on October 21, 1991, and March 7, 1996.

(2) Nancy A. Womeldorph-Annarino did, on or about September 7, 2001, through June 12, 2002, knowing she had no privilege to do so and with purpose to facilitate a fraud, falsify or alter a computer record, to wit: Nancy A. Womeldorph-Annarino admitted to altering computer information, i.e. days supply, of the following prescriptions for insurance purposes:

Rx#	Drug	Qty	Dispensed
173049	Talwin NX	60	09/07/01
185015	Talwin NX	60	09/20/01
185015-refill	Talwin NX	60	10/05/01
185015-refill	Talwin NX	60	10/16/01
185015-refill	Talwin NX	60	10/29/01
191100	Talwin NX	60	11/19/01
191100-refill	Talwin NX	60	12/04/01
191100-refill	Talwin NX	60	12/19/01
191100-refill	Talwin NX	60	01/16/02
215956	Talwin NX	60	05/24/02
215956-refill	Talwin NX	60	06/12/02

Such conduct violates Section 2913.42 of the Ohio Revised Code.

(3) Nancy A. Womeldorph-Annarino did, on or about January 11, 2001, through May 9, 2002, intentionally make and/or knowingly possess a false or forged prescription, to wit: Nancy A. Womeldorph-Annarino created or altered the following prescriptions, for herself, without authorization from a prescriber:

Rx#	Drug	Qty	Date
156618	Talwin NX	60	01/11/01
156618-refill	Talwin NX	60	02/03/01
156618-refill	Talwin NX	60	03/02/01
156618-refill	Talwin NX	60	03/25/01
156618-refill	Talwin NX	60	04/17/01
136134	Zoloft	60	01/14/01
136134-refill	Zoloft	60	02/13/01
136134-refill	Zoloft	60	03/10/01
136134-refill	Zoloft	60	04/17/01
173049	Talwin NX	60	05/13/01
173049-refill	Talwin NX	60	06/05/01
173049-refill	Talwin NX	60	06/29/01
173049-refill	Talwin NX	60	07/22/01
173049-refill	Talwin NX	60	08/14/01
173049-refill	Talwin NX	60	09/07/01
173666	Zoloft	60	05/18/01
173666-refill	Zoloft	60	06/12/01
173666-refill	Zoloft	60	07/10/01
173666-refill	Zoloft	60	08/04/01
201083	Talwin NX	60	02/04/02
201083-refill	Talwin NX	60	02/23/02
201083-refill	Talwin NX	60	03/15/02
201083-refill	Talwin NX	60	04/12/02
175975	furosemide	30	06/12/01
206320	hydroxyzine pam	60	03/09/02
212528	hydroxyzine pam	60	04/25/02
212529	Talwin NX	60	04/25/02
214272	hydroxyzine pam	100	05/09/02
208426-refill	Meridia	10	06/04/02

Such conduct violates Section 2925.23(B) of the Ohio Revised Code.

(4) Nancy A. Womeldorph-Annarino did, on or about April 6, 2001, through April 25, 2002, intentionally make and/or knowingly possess a false or forged prescription, to wit: Nancy A. Womeldorph-Annarino altered the strength from 20 mg to 40 mg of the following prescriptions:

Rx#	Drug	Qty	Date
169462	furosemide	30	04/06/01
169462-refill	furosemide	30	05/04/01
178129	furosemide	30	07/06/01
178129-refill	furosemide	30	08/04/01
178129-refill	furosemide	30	08/20/01
178129-refill	furosemide	30	08/25/01
178129-refill	furosemide	30	09/27/01
178129-refill	furosemide	30	10/15/01
191182	furosemide	30	11/19/01
191182-refill	furosemide	30	12/19/01
191182-refill	furosemide	30	02/04/02
191182-refill	furosemide	30	04/12/02
191182-refill	furosemide	30	04/25/02

Such conduct violates Section 2925.23(B) of the Ohio Revised Code.

CONCLUSIONS OF LAW

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

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

(3) The State Board of Pharmacy concludes that paragraphs (3) and (4) of the Findings of Fact constitute being addicted to or abusing liquor or drugs or impaired physically or mentally to such a degree as to render her unfit to practice pharmacy as provided in Division (A)(3) of Section 4729.16 of the Ohio Revised Code.

(4) The State Board of Pharmacy concludes that paragraphs (3) and (4) of the Findings of Fact constitute being guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapter 2925. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

DECISION OF THE BOARD

Pursuant to Section 4729.16 of the Ohio Revised Code, and after consideration of the record as a whole, the State Board of Pharmacy hereby suspends indefinitely the pharmacist identification card, No. 03-1-10909, held by Nancy A. Womeldorph-Annarino and such suspension is effective as of the date of the mailing of this Order.

(A) Nancy A. Womeldorph-Annarino, 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) Nancy A. Womeldorph-Annarino, 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.

Further, after three years from the effective date of this Order, the Board will consider any petition filed by Nancy A. Womeldorph-Annarino 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) Nancy A. Womeldorph-Annarino 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) Nancy A. Womeldorph-Annarino 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) Results of all drug screens must be negative. Any positive results, including those which may have resulted from ingestion of food, but excluding false positives which resulted from medication legitimately prescribed, indicates a violation of the contract.

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

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

(C) Nancy A. Womeldorph-Annarino must demonstrate satisfactory proof to the Board that she is no longer addicted to or abusing drugs or impaired physically or mentally to such a degree as to render her unfit to practice pharmacy.

(D) Nancy A. Womeldorph-Annarino 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 Nancy A. Womeldorph-Annarino‘s fitness for readmission into the practice of pharmacy;

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

(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 of the effective date of this Order, Nancy A. Womeldorph-Annarino 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. Lipsyc and approved by the Board (Aye-6/Nay-2).

R-2003-138

Mr. Kost then moved that the Board adopt the following Order in the matter of Ralph G. Homer, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-021120-039)

In The Matter Of:

RALPH G. HOMER, R.Ph.

7192 Timber Lane

Olmsted Twp., Ohio 44138

(R.Ph. No. 03-2-09922)

INTRODUCTION

THE MATTER OF RALPH G. HOMER CAME FOR HEARING ON MARCH 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.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

RALPH G. HOMER 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

None

Respondent's Witnesses

1. Ralph G. Homer, R.Ph., Respondent

State's Exhibits

1. Reinstatement Hearing Request letter from John R. Irwin, M.D. [11-18-02]

1A-1B. Procedurals

2. Copy of State Board of Pharmacy Order in re Ralph G. Homer [01-11-02]

2A. Photocopy of Hydromet Syrup bottle [09-01-01]

3. Photocopy of Medicine Vial containing Hydromet/Hydramine [not dated]

4. Photocopy of Medicine Vial containing Vioxx tablet [09-06-01]

5. Photocopy of Medicine Vial containing hydrocodone bitartrate, Norgesic Forte, and temazepam tablets [09-06-01]

6. Photocopy of Medicine Vial containing temazepam, Halcion, and diazepam tablets [not dated]

7. Photocopy of Medicine Vial containing hydrocodone bitartrate tablets [(not visible)-06-01]

8. Photocopy of Medicine Vial containing ibuprofen tablets [09-06-01]

9. Accountability Statement for drug audit of hydrocodone compound syrup 5mg/5m at Tops Pharmacy #874 [10-25-01]

10. Accountability Statement for drug audit of hydrocodone/acet 5/500 tablets at Tops Pharmacy #874 [10-25-01]

11. Accountability Statement for drug audit of hydrocodone/acet 7.5/750 tablets at Tops Pharmacy #874 [10-25-01]

12. Accountability Statement for drug audit of hydrocodone/acet 10/650 tablets at Tops Pharmacy #874 [10-25-01]

13. Accountability Statement for drug audit of Vicoprofen at Tops Pharmacy #874 [10-25-01]

14. Copy of Notarized Statement of Evelyn L. Diaz, R.Ph. [11-19-01]

15. Accountability Statement for drug audit of diazepam 5 mg tablets at Tops Pharmacy #874 [10-25-01]

16. Accountability Statement for drug audit of diazepam 10 mg tablets at Tops Pharmacy #874 [10-25-01]

17. Accountability Statement for drug audit of temazepam 15 mg capsules at Tops Pharmacy #874 [10-25-01]

18. Accountability Statement for drug audit of temazepam 30 mg capsules at Tops Pharmacy #874 [10-25-01]

19. Accountability Statement for drug audit of Norgesic Forte 60 mg tablets at Tops Pharmacy #874 [10-25-01]

20. Accountability Statement for drug audit of Vioxx 50 mg tablets at Tops Pharmacy #874 [10-25-01]

21. Accountability Statement for drug audit of Vioxx 25 mg tablets at Tops Pharmacy #874 [10-25-01]

22. Accountability Statement for drug audit of Vioxx 12.5 mg tablets at Tops Pharmacy #874 [10-25-01]

23. Bill of Information [02-21-02]; Waiver of indictment With Counsel [not dated]; and Journal Entry [04-19-02]. State of Ohio vs. Ralph Homer, Case No. CR 414766, Cuyahoga County Common Pleas Court.

Respondent's Exhibits

A. PRO Pharmacist’s Recovery Contract for Ralph G. Homer [01-21-02]

B. Calendar pages for December 2001 to February 2003

C. Support Group Attendance Records [12-01-01 to 02-24-03]

D. Calendar pages for November 2001 to February 2003

E. Drug Screen Report [11-21-01]

F. Drug Screen Report [12-12-01]

G. Drug Screen Report [05-04-02]

H. Drug Screen Licensee Summary Report [01-01-02 to 12-31-02]

I. Drug Screen Report [01-17-03]

J. Drug Screen Report [02-13-03]

K. Letter from Michael D. Quigley, R.Ph. [02-26-03]

L. Letter from Tim McNally [01-18-03]

M. Tops Markets Receipt and Promissory Note re Ralph G. Homer [12-03-02]

N. Letters from Joseph W. Janesz, Ph.D., PCC, CCDCIII-E, CRC and Gregory B. Collins, M.D. [02-13-03]; Robert J. Dougherty, R.Ph. [02-12-03]; Richard Pasela [02-04-03]; Walter Hubish, R.Ph. [03-05-03]; Emil Dontenville [02-21-03]

O. Continuing Pharmaceutical Education Certificates [08-01-99 to 11-15-02]

FINDING 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 that Ralph G. Homer has complied with the terms set forth in the Order of the State Board of Pharmacy, Docket No. D-010913-009, effective January 11, 2002.

DECISION OF THE BOARD

On the basis of the Finding of Fact set forth above, and after consideration of the record as a whole, the State Board of Pharmacy hereby approves the reinstatement of the pharmacist identification card, No. 03-2-09922, held by Ralph G. Homer to practice pharmacy in Ohio and places Ralph G. Homer on probation for five years beginning on the effective date of this Order, with the following conditions:

(A) Ralph G. Homer must enter into a contract, signed within thirty days after the effective date of this Order, with an Ohio Department of Alcohol and Drug Addiction Services (ODADAS) treatment provider or a treatment provider acceptable to the Board for a period of not less than five years and submit a copy of the signed contract to the Board office before his pharmacist identification card is issued. The contract must provide that:

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

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

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

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

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

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

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

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

(B) Ralph G. Homer must submit quarterly progress reports to the Board (due January 10, April 10, July 10, and October 10 of each year of probation) that include:

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

(2) A written description of Ralph G. Homer's progress towards recovery and what Ralph G. Homer 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 Ralph G. Homer's pharmacist identification card is not in good standing and thereby denies the privilege of being a preceptor and training pharmacy interns pursuant to paragraph (D)(1) of Rule 4729-3-01 of the Ohio Administrative Code.

(2) Ralph G. Homer may not serve as a responsible pharmacist.

(3) Ralph G. Homer may not destroy, assist in, or witness the destruction of controlled substances.

(4) Ralph G. Homer must abide by the contract with his treatment provider and must immediately report any violation of the contract to the Board.

(5) Ralph G. Homer must not violate the drug laws of Ohio, any other state, or the federal government.

(6) Ralph G. Homer must abide by the rules of the State Board of Pharmacy.

(7) Ralph G. Homer 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.

If Ralph G. Homer's pharmacist identification card to practice pharmacy in Ohio is not issued within three years of the effective date of this Order, Ralph G. Homer must also take and pass the North American Pharmacist Licensure Examination (NAPLEX) or an equivalent examination accepted by the Board.

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

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

MOTION CARRIED.

SO ORDERED.

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

R-2003-139

Mr. Braylock then moved that the Board adopt the following Order in the matter of Richard A. Calendine, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-021105-027)

In The Matter Of:

RICHARD ALLEN CALENDINE, R.Ph.

4366 Madeira Court

Sarasota, Florida 34233-5029

(R.Ph. No. 03-2-10283)

INTRODUCTION

THE MATTER OF RICHARD ALLEN CALENDINE CAME FOR CONSIDERATION ON MARCH 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.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

RICHARD ALLEN CALENDINE 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. David Gallagher, Ohio State Board of Pharmacy

Respondent's Witnesses

None

State's Exhibits

1. Copy of Notice of Opportunity for Hearing letter [11-06-02]

1A. Letter from Richard A. Calendine, not dated, with attachments [03-07-00 to 11-08-01]

1B. Procedural

2. Copy of Drug Statement of Richard A. Calendine [02-28-00]

3. Copy of Statement of Richard A. Calendine [02-28-00]

4. Copy of Probable Cause Affidavit, Sarasota County Sheriff’s Office re Richard Allen Calendine, SSO Case No. 00-19482 [02-28-00]

5. Copy of Investigative Report, Sarasota County Sheriff’s Office re Richard Allen Calendine, Case No. 00-19482 [04-27-00 to 04-28-00]

6. Acknowledgement and Waiver of Rights, Sentence and Special Provisions, and Judgment, State of Florida vs. Richard Calendine, Case No. 00-002919-CF, Sarasota County Circuit Court of the Twelfth Judicial Circuit [05-22-00]

7. Letter from Richard A. Calendine [not dated]

8. Copy of Letter from Raymond M. Pomm, M.D. [08-07-00]

9. Administrative Complaint, Department of Health vs. Richard Calendine, R.Ph., Case No. 00-07490, Florida Department of Health [06-22-01]

10. Final Order, Department of Health vs. Richard Calendine, R.Ph., Case No. 00-07490, Florida Department of Health [11-08-01]

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 November 6, 2002, Richard Allen Calendine 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 November 13, 2002, Richard Allen Calendine received the letter of November 6, 2002, informing him of the allegations against him, and his rights.

(3) Richard Allen Calendine has submitted his contentions in writing to the letter of November 6, 2002, but has not requested a hearing in this matter.

(4) Records of the Ohio Board of Pharmacy indicate that Richard Allen Calendine was originally licensed by the State of Ohio as a pharmacist on July 20, 1972, pursuant to examination, and is currently licensed to practice pharmacy in Ohio.

(5) On May 22, 2000, Richard Allen Calendine pled Nolo Contendre to two counts of Obtaining a Controlled Substance by Fraud, being felonies of the third degree, in violation of Florida Statute 893.13(7)(A)(9), and one count of Grand Theft, being a felony of the third degree, in violation of Florida Statute 812.014(2)(C)(1). State of Florida vs. Richard Calendine, Case No. 2000-002919-CF, Sarasota County Circuit Court. On May 22, 2000, Richard Allen Calendine’s conviction was withheld provided he enter a drug treatment program.

(6) On or about November 8, 2001, Richard Allen Calendine’s license to practice pharmacy in the state of Florida was placed on a period of probation due to his thefts of controlled substances.

(7) Richard Allen Calendine 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: Richard Allen Calendine admitted to stealing drugs from his employer for his personal abuse, including:

100	propoxyphene 65 mg
3	hydrocodone/APAP
200	cimetidine HCL 400 mg
20	fexofenadine HCL
100	gabapentin 300 mg
100	rofecoxib 25 mg
100	sildenafil citrate 50 mg
20	naproxen 500 mg

Such conduct indicates that Richard Allen Calendine falls within the ambit of Section 4729.16(A)(3) 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 a felony and gross immorality as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code.

(2) The State Board of Pharmacy concludes that paragraphs (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.

(3) The State Board of Pharmacy concludes that paragraph (7) 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.

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. 03-2-10283, held by Richard Allen Calendine and such suspension is effective as of the date of the mailing of this Order.

(A) Richard Allen Calendine, 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 Ohio Board of Pharmacy to possess or distribute dangerous drugs during such period of suspension.

(B) Richard Allen Calendine, 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 Ohio 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, the Board will consider reinstatement provided that Richard Allen Calendine appears before the Ohio Board of Pharmacy. If reinstatement is not accomplished within three years of the effective date of this Order, Richard Allen Calendine 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 Mr. Kost and approved by the Board (Aye-8/Nay-0).

11:56 a.m.

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

PER DIEM	02/26	03/03	03/04	03/05	Total
Adelman	-	1	1	1	3
Braylock	1	1	1	1	4
Eastman	-	1	1	1	3
Giacalone	-	1	1	1	3
Gregg	-	1	1	1	3
Lipsyc	-	1	1	1	3
Kost	-	1	1	1	3
Teater	-	1	1	1	3
Turner	-	1	1	1	3

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

11:58 a.m.

Mrs. Gregg moved that the Board go into Executive Session for the purpose of the consideration of the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official 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.

12:53 p.m.

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

12:54 p.m.

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

THE BOARD APPROVED THESE MINUTES

APRIL 8, 2003