RECORD OF THE PROCEEDINGS -- APRIL 7, 8, 9, 2003

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

April 7, 8, 9, 2003

MONDAY, APRIL 7, 2003

1:03 p.m.

ROLL CALL

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

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

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

1:10 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.

2:50 p.m.

	The Executive Session ended and the meeting was opened to the public. 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-2003-140	SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY (Docket No. D-021120-037) In The Matter Of: DONALD LEROY BENNETT, R.Ph. 53 Haddam Place West Westerville, Ohio 43081 (R.Ph. No. 03-1-09593)
	This Settlement Agreement is entered into by and between Donald Leroy Bennett 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.
	Donald Leroy Bennett 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. Donald Leroy Bennett 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, Donald Leroy Bennett is licensed to practice pharmacy in the State of Ohio. Whereas, on or about November 20, 2002, pursuant to Chapter 119. of the Ohio Revised Code, Donald Leroy Bennett 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. Donald Leroy Bennett requested a hearing; it was scheduled and continued. The November 20, 2002, Notice of Opportunity for Hearing letter contains the following allegations or charges:

(1)

Records of the Board of Pharmacy indicate that Donald Leroy Bennett was originally licensed in the State of Ohio on July 27, 1970, pursuant to examination, and is currently licensed to practice pharmacy in the State of Ohio. Records further reflect during the relevant time periods stated herein, Donald Leroy Bennett was the Responsible Pharmacist at Mount Carmel Medical Center, TDDD #02-0975550, pursuant to Sections 4729.27 and 4729.55 of the Ohio Revised Code and Sections 4729-5-11 and 4729-17-02 of the Ohio Administrative Code.

(2)

Donald Leroy Bennett did, on or about March, 2002, through August, 2002, willfully violate, conspire to violate, and/or aid and abet the violation of a provision of Chapter 4729. of the Ohio Revised Code, to wit: as the Responsible Pharmacist, Donald Leroy Bennett intentionally employed a person who, while not a pharmacist or pharmacy intern under the personal supervision of a pharmacist, compounded, dispensed, or sold dangerous drugs and/or otherwise engaged in the practice of pharmacy. Specifically, in the following instances, Donald Leroy Bennett permitted an intern to practice pharmacy at Mt. Carmel West Hospital while not under the personal supervision of a registered pharmacist:

	(a)	Donald Leroy Bennett allowed a pharmacy intern to make the final association of intravenous drugs with a patient’s drug order and pharmacy label without the personal supervision of a licensed pharmacist. Such conduct is the practice of pharmacy within the meaning of Rule 4729-5-01(B) of the Ohio Administration Code.
	(b)	Donald Leroy Bennett allowed a pharmacy intern to check the Pyxis Cubie (Computerized Unit Based Inventory Exchange) cells and perform the final check of Pyxis machine replenishment orders placed from various areas of the hospital. Such conduct is the practice of pharmacy within the meaning of Rules 4729-5-01(B) and/or 4729-17-03 of the Ohio Administrative Code.
	(c)	Donald Leroy Bennett allowed a pharmacy intern to check patient specific orders for dangerous drugs that were not stocked in the Pyxis unit and to make the final association of dangerous drugs with patients’ drug orders and pharmacy label. Such conduct is the practice of pharmacy within the meaning of Rules 4729-5-01(B) and/or 4729-5-20 of the Ohio Administrative Code.
	(d)	Donald Leroy Bennett allowed a pharmacy intern to perform the order verification function. Activities performed during this function include comparing original prescription orders to the corresponding data entered into the computerized prescription record keeping system, prospective drug utilization reviews, screening for therapeutic duplications, and drug-drug interactions. Such conduct is the practice of pharmacy within the meaning of Rule 4729-5-20 of the Ohio Administrative Code.

Donald Leroy Bennett neither admits nor denies the allegations stated in the Notice of Opportunity for Hearing letter dated November 20, 2002, however, the Board has evidence sufficient to sustain the allegations and hereby adjudicates the same.

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

(A)

Donald Leroy Bennett’s pharmacist identification card, No. 03-1-09593, will be placed on probation for one year from the effective date of this Agreement, with the following conditions:

	(1)	The State Board of Pharmacy hereby declares that Donald Leroy Bennett’s pharmacist identification card is not in good standing.
	(2)	Donald Leroy Bennett must not violate the drug laws of the State of Ohio, any other state, or the federal government.
	(3)	Donald Leroy Bennett must abide by the rules of the State Board of Pharmacy.
	(4)	Donald Leroy Bennett must comply with the terms of this Agreement.

(B)

Donald Leroy Bennett agrees to the imposition of a monetary penalty Three Thousand Dollars ($3,000.00) 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.

(C)

Donald Leroy Bennett will refrain from scheduling interns to perform the duties that must only be performed by a pharmacist unless properly supervised by a pharmacist as permitted by law and/or regulation.

If, in the judgment of the Board, Donald Leroy Bennett 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.

Donald Leroy Bennett 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.

Donald Leroy Bennett 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. Donald Leroy Bennett 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. Donald Leroy Bennett 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/ Donald Leroy Bennett		/d/ 3/11/03
Donald Leroy Bennett, Respondent		Date of Signature
/s/ David W. Grauer		/d/ 3–11–03
David W. Grauer, Attorney for Respondent		Date of Signature
/s/ Diane C. Adelman		/d/ 4/7/03
Diane C. Adelman, President, Ohio State Board of Pharmacy		Date of Signature
/s/ Sally Ann Steuk		/d/ 4–7–03
Sally Ann Steuk, Ohio Assistant Attorney General		Date of Signature

R-2003-141

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-000906-007)

In The Matter Of:

BRUCE ELLIOTT FRANKEN, R.Ph.

4689 Athalia Drive

Columbus, Ohio 43228

(R.Ph. No. 03-2-15485)

This Settlement Agreement is entered into by and between Bruce Elliott Franken (hereinafter referred to as "Respondent") and the Ohio State Board of Pharmacy (hereinafter referred to as "the Board"), a state agency charged with enforcing the Pharmacy Practice Act and Dangerous Drug Distribution Act, Chapter 4729. of the Ohio Revised Code.

This matter commenced on September 6, 2000, when the Board issued a Summary Suspension Order, suspending Respondent's license to practice pharmacy pending adjudication pursuant to Chapter 119. of the Ohio Revised Code. The Board issued its final Order on January 11, 2002, wherein it revoked Respondent's license. Respondent timely appealed to the Franklin County Common Pleas Court, which reversed a portion of the Board's Order, and remanded the case to the Board to fashion a new penalty consistent with the decision of the Court. Prior to the Board's consideration of a new penalty, the parties have entered into this agreement to settle all issues.

Bruce Elliott Franken 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 additional formal adjudication and court appeals on the issues contained herein. Bruce Elliott Franken 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, Bruce Elliott Franken was licensed to practice pharmacy in the State of Ohio prior to, and at the time of, the commencement of these proceedings.

Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of additional formal hearings, Bruce Elliott Franken knowingly and voluntarily agrees with the State Board of Pharmacy to the following:

(A)

Bruce Elliott Franken's license to practice pharmacy in the State of Ohio, R.Ph. No. 03-2-15485, is hereby restored. (A renewal application will be given to Respondent and must be properly completed and returned to the Board.)

(B)

Bruce Elliott Franken must enter into a new, five-year contract, within thirty (30) days of the effective date of this agreement, with Pharmacist's Rehabilitation Organization, P.R.O. The contract must provide that:

(1)

Random, observed urine screens shall be conducted at least every three (3) months.

(a)

The urine sample must be given within twelve (12) hours of notification. The urine screen must include testing for creatinine or specific gravity of the sample as the dilutional standard;

(b)

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

(2)

The P.R.O. intervenor/sponsor shall provide copies of all urine 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 meetings;

(4)

P.R.O. shall immediately report to the Board any violations of the contract and/or lack of cooperation.

(C)

Bruce Elliott Franken must submit quarterly progress reports to the Board; due January 10, April 10, July 10, and October 10, of each year of the contract, which include:

(1)

A written report and documentation provided by P.R.O. pursuant to the contract;

(2)

A written description of Bruce Elliott Franken's progress toward maintaining his recovery and what he has been doing during the previous three months.

(D)

Other terms of probation are as follows:

(1)

Bruce Elliott Franken may not destroy, assist in, or witness the destruction of controlled substances;

(2)

Bruce Elliott Franken must abide by his P.R.O. contract, and any violation must be reported to the Board immediately;

(3)

Bruce Elliott Franken must not violate the drug laws and regulations of the State of Ohio, any other state, or the federal government.

(E)

Bruce Elliott Franken will voluntarily dismiss, with prejudice, his motion for attorney's fees filed with the Franklin County Common Pleas Court on February 26, 2003.

Bruce Elliott Franken 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; and, that he has been represented by counsel of his choosing and he is satisfied with the representation that he has received.

Bruce Elliott Franken 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.

/s/ Bruce Elliott Franken		/d/ 3/19/03
Bruce Elliott Franken, Respondent		Date of Signature
/s/ Daniel D. Connor		/d/ 3–19–03
Daniel D. Connor, Attorney for Respondent		Date of Signature
/s/ Diane C. Adelman		/d/ 4/7/03
Diane C. Adelman, President, Ohio State Board of Pharmacy		Date of Signature
/s/ Sally Ann Steuk		/d/ 4–7–03
Sally Ann Steuk, Ohio Assistant Attorney General		Date of Signature

R-2003-142

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-030117-057)

In The Matter Of:

LEO N. IGWEBUIKE, R.Ph.

12007 Mallard Pond Drive, N.W.

Pickerington, Ohio 43147

(R.Ph. No. 03-3-18630)

This Settlement Agreement is entered into by and between Leo N. Igwebuike 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.

Leo N. Igwebuike 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. Leo N. Igwebuike acknowledges that by entering into this agreement he has waived his rights under Chapter 119. of the Revised Code.

Whereas, Leo N. Igwebuike is licensed to practice pharmacy in the State of Ohio.

Whereas, on or about January 17, 2003, pursuant to Chapter 119. of the Ohio Revised Code, Leo N. Igwebuike 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. Leo N. Igwebuike requested a hearing; it was scheduled and continued. The January 17, 2003, Notice of Opportunity for Hearing contains the following allegations or charges:

(1)

Records of the Board of Pharmacy indicate that Leo N. Igwebuike was originally licensed in the State of Ohio on February 15, 1991, pursuant to examination, and is currently licensed to practice pharmacy in the State of Ohio.

(2)

Leo N. Igwebuike did, from September 16, 2002, to October 22, 2002, while not a pharmacist as defined in Rule 4729-5-01(G) of the Ohio Administrative Code, or a pharmacy intern, sell dangerous drugs or otherwise engage in the practice of pharmacy, to wit: after Leo N. Igwebuike’s license to practice pharmacy had lapsed, and prior to its renewal, Leo N. Igwebuike dispensed dangerous drugs, including the following:

Rx #

Date

Qty

Drug

1080351

1083406

1084413

1086030

1087712

1089665

1090877

09/17/02

09/26/02

09/30/02

10/04/02

10/10/02

10/17/02

10/22/02

5 ml

Celexa 40 mg

nifedipine ER 30 mg

atenolol 50 mg

Gynazole Cream

haloperidol 100 mg /ml inj.

clonidine 0.2 mg

Vicodin (labeled Vicogen)

Such conduct is in violation of Section 4729.28 of the Ohio Revised Code.

(3)

Leo N. Igwebuike did, on or about October 24, 2002, fail to have his pharmacist wall certificate conspicuously displayed at the principal place where he practices, to wit: during an inspection of Clinic Pharmacy, Leo N. Igwebuike admitted to the Board agent that his wall certificate was at home. Such conduct is in violation of Section 4729.12 of the Ohio Revised Code.

(4)

Leo N. Igwebuike did, on or about October 24, 2002, make a false statement with purpose to mislead a public official in performing his official function, to wit: Leo N. Igwebuike told a Board agent that his pharmacist license was not current because he never received a renewal application. Leo N. Igwebuike claimed that he had mailed a change of address form to the Board of Pharmacy in November 2001, although there is no record of receipt of the document. Such conduct is in violation of Section 2921.13 of the Ohio Revised Code.

Leo N. Igwebuike neither admits nor denies the allegations stated in the Notice of Opportunity for Hearing letter dated January 17, 2003; however, the Board has evidence sufficient to sustain the allegations and hereby adjudicates the same:

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

(1) Leo N. Igwebuike agrees to the imposition of a monetary penalty of Seven Hundred Fifty Dollars ($750.00) 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.

If, in the judgment of the Board, Leo N. Igwebuike 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.

Leo N. Igwebuike 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.

Leo N. Igwebuike 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. Leo N. Igwebuike 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. Leo N. Igwebuike 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.

/s/ Leo Igwebuike		/d/ 3/15/03
Leo N. Igwebuike, Respondent		Date of Signature
/s/ C A Smith		/d/ 3/18/03
Craig A. Smith, Attorney for Respondent		Date of Signature
/s/ Diane C. Adelman		/d/ 4/7/03
Diane C. Adelman, President, Ohio State Board of Pharmacy		Date of Signature
/s/ Sally Ann Steuk		/d/ 4–7–03
Sally Ann Steuk, Ohio Assistant Attorney General		Date of Signature

R-2003-143

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-030108-049)

In The Matter Of:

ROBERT THOMAS LAWLEY, R.Ph.

171 Chapman Lane

Durango, Colorado 81301

(R.Ph. No. 03-2-13837)

This Settlement Agreement is entered into by and between Robert Thomas Lawley 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.

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

Robert Thomas Lawley 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 Robert Thomas Lawley’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 Robert Thomas Lawley was originally licensed in the State of Ohio on August 1, 1980, pursuant to examination. Records further indicate Robert Thomas Lawley’s license expired on September 15, 2002.
	(3)	Robert Thomas Lawley became addicted to the use of controlled substances, to wit; Robert Thomas Lawley has admitted to the Colorado State Board of Pharmacy, and to an Agent of the Ohio State Board of Pharmacy, that he became addicted to controlled substances and that he has undergone treatment for his addiction. Robert Thomas Lawley stated, because of his illnesses, he started abusing Diazepam and Hydrocodone/APAP, using approximately 150 to 200 units more than prescribed of each drug. Such conduct indicates that Robert Thomas Lawley falls within the ambit of Sections 3719.121 and 4729.16(A)(3) of the Ohio Revised Code.
	(4)	On September 26, 2001, the Colorado State Board of Pharmacy issued its Stipulation and Final Agency Order in the matter of Robert Thomas Lawley, Case Number P-01-055, placing Robert Thomas Lawley’s license on probation for three years, with provisions and stipulations.

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

(1)

Robert Thomas Lawley must abide by the conditions as set forth in the Stipulation and Final Agency Order of the Colorado State Board of Pharmacy dated September 26, 2001.

(2)

Robert Thomas Lawley must inform the Ohio State Board of Pharmacy if he plans to return to Ohio to practice pharmacy in Ohio.

If, in the judgment of the Board, Robert Thomas Lawley 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.

Robert Thomas Lawley 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.

Robert Thomas Lawley 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. Robert Thomas Lawley 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. Robert Thomas Lawley 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.

/s/ Robert T. Lawley		/d/ 3/12/03
Robert Thomas Lawley, Respondent		Date of Signature
/s/ Diane C. Adelman		/d/ 4/7/03
Diane C. Adelman, President, Ohio State Board of Pharmacy		Date of Signature
/s/ Sally Ann Steuk		/d/ 4–7–03
Sally Ann Steuk, Ohio Assistant Attorney General		Date of Signature

R-2003-144

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D021120-038)

In The Matter Of:

MARY ANN JANNING (formally TALLARICO), Intern

605 Hennigan’s Grove Road

Grove City, Ohio 43123

(Intern No. 06-0-01979)

This Settlement Agreement is entered into by and between Mary Ann Janning 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.

Mary Ann Janning voluntarily 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, the right to a formal adjudication hearing on the issues contained herein, and the right to appeal. Mary Ann Janning acknowledges that by entering into this agreement she has waived her rights under Chapter 119. of the Revised Code.

Whereas, Mary Ann Janning is licensed to practice as a pharmacy intern in the State of Ohio.

Whereas, on or about November 20, 2002, pursuant to Chapter 119. of the Ohio Revised Code, Mary Ann Janning was notified of the allegations or charges against her, her right to a hearing, her rights in such hearing, and her right to submit contentions in writing. Mary Ann Janning requested a hearing; it was scheduled and continued. The November 20, 2002, Proposal To Deny/Notice of Opportunity for Hearing letter contains the following allegations or charges:

(1)

Records of the Board of Pharmacy indicate that Mary Ann Janning submitted an application for examination as a pharmacist on or about September 18, 2002. Mary Ann Janning previously applied for examination as a pharmacist on or about June 25, 2002, however Mary Ann Janning’s score on the Naplex did not meet the requirements.

(2)

Records further indicate that Mary Ann Janning was originally licensed to practice pharmacy as an intern in the State of Ohio on May 10, 1994, and is currently licensed.

(3)

Mary Ann Janning did, on or about March, 2002 through August, 2002, while not a pharmacist or pharmacy intern under the personal supervision of a pharmacist, compound, dispense, or sell dangerous drugs and/or otherwise engage in the practice of pharmacy, to wit: Mary Ann Janning engaged in a variety of activities which must only be performed by a registered pharmacist or an intern under the personal supervision of a registered pharmacist, yet your activities were not properly supervised. In the following instances, Mary Ann Janning practiced pharmacy at Mt. Carmel West Hospital:

	(a)	Mary Ann Janning would, as part of her duties, make the final association of intravenous drugs with a patient’s drug order and pharmacy label without the personal supervision of a licensed pharmacist. Such conduct is the practice of pharmacy within the meaning of Rule 4729-5-01(B) of the Ohio Administration Code.
	(b)	Mary Ann Janning would, as part of her duties, check the Pyxis Cubie (Computerized Unit Based Inventory Exchange) cells and perform the final check of Pyxis machine replenishment orders placed from various areas of the hospital. Such conduct is the practice of pharmacy within the meaning of Rules 4729-5-01(B) and/or 4729-17-03 of the Ohio Administrative Code.
	(c)	Mary Ann Janning would, as part of her duties, check patient specific orders for dangerous drugs that were not stocked in the Pyxis unit and make the final association of dangerous drugs with a patient’s drug order and pharmacy label. Such conduct is the practice of pharmacy within the meaning of Rules 4729-5-01(B) and/or 4729-5-20 of the Ohio Administrative Code.
	(d)	Mary Ann Janning would, as part of her duties, perform the order verification function. Activities performed during this function include a comparison of the original prescription order to the corresponding data entered into the computerized prescription record keeping system, prospective drug utilization reviews, screening for therapeutic duplications, and drug-drug interactions. Such conduct is the practice of pharmacy within the meaning of Rule 4729-5-20 of the Ohio Administrative Code.

Mary Ann Janning neither admits nor denies the allegations stated in the Proposal To Deny/ Notice of Opportunity for Hearing letter dated November 20, 2002; however, the Board has evidence sufficient to sustain the allegations and hereby adjudicates the same.

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

(A)

Mary Ann Janning’s intern identification card, No. 06-0-01979, will be placed on probation for one year from the effective date of this Agreement, with the following conditions:

	(1)	The State Board of Pharmacy hereby declares that Mary Ann Janning’s identification card is not in good standing.
	(2)	Mary Ann Janning must not violate the drug laws of the State of Ohio, any other state, or the federal government.
	(3)	Mary Ann Janning must abide by the rules of the State Board of Pharmacy.
	(4)	Mary Ann Janning must comply with the terms of this Agreement.

(B)

Mary Ann Janning agrees to the imposition of a monetary penalty Two Hundred Dollars ($200.00) 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, 17^th Floor, Columbus, Ohio 43266-0320.

(C)

Mary Ann Janning will be permitted to take the examination for registration as a pharmacist. In the event that she passes the examination, the period of probation will continue under the same terms and conditions as stated herein.

If, in the judgment of the Board, Mary Ann Janning 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.

Mary Ann Janning 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.

Mary Ann Janning 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. Mary Ann Janning 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. Mary Ann Janning 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.

/s/ Mary Ann Janning		/d/ 11 Mar 03
Mary Ann Janning, Intern, Respondent		Date of Signature
/s/ David W. Grauer		/d/ 3–11–03
David W. Grauer, Attorney for Respondent		Date of Signature
/s/ Diane C. Adelman		/d/ 4/7/03
Diane C. Adelman, President, Ohio State Board of Pharmacy		Date of Signature
/s/ Sally Ann Steuk		/d/ 4–7–03
Sally Ann Steuk, Ohio Assistant Attorney General		Date of Signature

R-2003-145

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-020619-064)

In The Matter Of:

DAVID W. WHITE, R.Ph.

431 Southview

Cincinnati, Ohio 45219

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

This Settlement Agreement is entered into by and between David W. White (hereinafter referred to as "Respondent") and the Ohio State Board of Pharmacy (hereinafter referred to as "the Board"), a state agency charged with enforcing the Pharmacy Practice Act and Dangerous Drug Distribution Act, Chapter 4729. of the Ohio Revised Code.

This matter commenced on March 16, 2001, when the Board issued a Notice of Opportunity letter, pending adjudication pursuant to Chapter 119. of the Ohio Revised Code. The Board issued its final Order on November 7, 2001, wherein it indefinitely suspended respondent’s license. Respondent petitioned for reinstatement and on December 2, 2002; a hearing was held pursuant to Chapter 119. The Board issued its final Order on January 9, 2003, wherein respondent’s license was reinstated with conditions. Respondent appealed timely to the Franklin County Common Pleas Court. Prior to and in lieu of proceeding on the merits of the appeal, the parties have entered into this agreement to settle all issues.

David W. White 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 additional formal adjudication and court appeals on the issues contained herein. David W. White acknowledges that by entering into this agreement, he has waived his rights under Chapter 119. of the Revised Code.

Whereas, David W. White was licensed to practice pharmacy in the State of Ohio prior to, and at the time of, the commencement of these proceedings.

Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of additional formal hearings, David W. White knowingly and voluntarily agrees with the State Board of Pharmacy to the following:

(A)

David W. White must be in full compliance with his current contract, with an Ohio Department of Alcohol and Drug Addiction Services (ODADAS) treatment provider or a treatment provider acceptable to the Board, for five years, subject to the provision in paragraph (G) below. The contract must provide that:

(1)

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

	(a)	The urine sample must be given within twelve hours of notification. The urine drug screen must include testing for creatinine or specific gravity of the sample as the dilutional standard.
	(b)	Tramadol must be added to the standard urine drug screen.
	(c)	Results of all drug screens must be negative. Any positive results, including those which may have resulted from ingestion of food, but excluding false positives which resulted from medication legitimately prescribed, indicates a violation of the contract and probation.
	(d)	Refusals of urine screens or diluted urine screens are equivalent to a positive result and indicate a violation of probation.

(2)

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

(3)

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

(4)

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

(B)

David W. White must submit quarterly progress reports to the Board (due January 10, April 10, July 10, and October 10 of each year of probation) that include:

(1)

The written report and documentation provided by the treatment program pursuant to the contract required above, and

(2)

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

(C)

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

(D)

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

(E)

Other terms of probation are as follows:

	(1)	The State Board of Pharmacy hereby declares that David W. White's pharmacist identification card is not in good standing and thereby denies the privilege of being a preceptor and training pharmacy interns pursuant to paragraph (D)(1) of Rule 4729-3-01 of the Ohio Administrative Code.
	(2)	David W. White may not serve as a responsible pharmacist.
	(3)	David W. White may not destroy, assist in, or witness the destruction of controlled substances.
	(4)	David W. White must abide by the contract from the treatment provider and any violation must be reported to the Board immediately.
	(5)	David W. White must not violate the drug laws of Ohio, any other state, or the federal government.
	(6)	David W. White must abide by the rules of the State Board of Pharmacy.
	(7)	David W. White must comply with the terms of this Order.

(F)

Any violation of probation may result in a Board hearing to consider alternative or additional sanctions under Section 4729.16 of the Ohio Revised Code.

(G)

Upon the expiration of 18 months, a Chapter 119. hearing will be held. At such hearing, if David W. White presents satisfactory evidence to the Board that he is rehabilitated and has remained so, he will be released from the remainder of his term of probation.

David W. White 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; and, that he has been represented by counsel of his choosing and he is satisfied with the representation that he has received.

David W. White 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.

/s/ David White Rph		/d/ 3-20-03
David W. White, Respondent		Date of Signature
/s/ Douglas E. Graff		/d/ 3/21/03
Douglas E. Graff, Attorney for Respondent		Date of Signature
/s/ Diane C. Adelman		/d/ 4/7/03
Diane C. Adelman, President, Ohio State Board of Pharmacy		Date of Signature
/s/ Sally Ann Steuk		/d/ 4–7–03
Sally Ann Steuk, Ohio Assistant Attorney General		Date of Signature

R-2003-146

Mr. Braylock moved that the Board deny the settlement offer presented in the matter of John Christopher Leasure, R.Ph. and that the hearing be held as scheduled. The motion was seconded by Mr. Kost and approved by the Board (Aye-5/Nay-3).

R-2003-147

Mr. Giacalone moved that, pursuant to Section 3719.121 of the Revised Code, the Board summarily suspend the license to practice pharmacy belonging to Douglas Birkhimer, R.Ph. (03-1-24341) 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. Braylock and approved by the Board (Aye-8/Nay-0).

2:56 p.m.

The Board took a brief recess.

3:10 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 Raymond Frederick Strahley Jr., R.Ph., Hartville.

4:15 p.m.

4:50 p.m.

R-2003-148

The Executive Session ended and the meeting was opened to the public. President Adelman announced that the hearing would be continued to a later date due to Mr. Strahley’s lack of adequate documentation of compliance with his previous Board Order. Mr. Strahley was informed that he would be permitted to reappear no earlier than August, 2003 and he must have the required documentation at that time.

5:00 p.m.

The record was closed. The Board meeting recessed until Tuesday, April 8, 2003.

tuesday, APRIL 8, 2003

8:32 a.m.

ROLL CALL

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

After a discussion of the draft minutes from the March, 2003 meeting, Mr. Lipsyc moved that the minutes be approved as amended. The motion was seconded by Mrs. Teater and approved by the Board (Aye-8/Nay-0).

Compliance Specialist Joann Predina, R.Ph. joined the Board to continue the discussion regarding the request received from The Cleveland Clinic Main Outpatient Pharmacy (02-0079600) and Fairview Health Center Pharmacy (02-0140100) for an exemption to Rule 4729-5-10 (Pick-up station) that had been continued from the March, 2003 meeting. After further discussion, the Board members requested that the program plans be finalized, to include further changes noted by the Board members during the discussion, and that the revised proposal be returned for the Board’s consideration.

9:15 a.m.

The Board took a brief recess.

9:29 a.m.

11:00 a.m.

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

11:20 a.m.

11:45 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 1924, 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-2003-149

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 pharmacist identification cards.

WOLLANSA ALMAZ BOSCHULTE

CYNTHIA ELLEN BUTTERS

KRISTIN K. CRANE

ZEINAB M. ELSMAILI

RICHARD ALLEN FREESE

DANNON THELE GREEN

JARROD REID JONES

LORI RAE JOHNSON LISZKA

JOHN D. MORGAN

DANIEL JACOB VACCA

JOEL NORMAN WEINGARTEN

KATHLEEN WALSH WYATT

JEFFREY PHILLIP ZENKEL

03-3-25640

03-3-25645

03-3-25630

03-3-25547

03-3-25651

03-3-25637

03-3-25639

03-3-25675

03-3-25684

03-3-25663

03-3-25634

03-3-25642

03-3-25664

MICHIGAN

IOWA

MICHIGAN

INDIANA

MICHIGAN

INDIANA

PENNSYLVANIA

WEST VIRGINIA

PENNSYLVANIA

NEW YORK

ILLINOIS

2:00 p.m.

The Board reconvened in Room West-B&C. Mr. Keeley discussed his legislative and budget reports with the Board.

2:18 p.m.

The hearing in the matter of James M. Rosselit, R.Ph., D.O. resumed.

4:32 p.m.

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

4:54 p.m.

5:45 p.m.

The hearing ended and the record was closed.

5:48 p.m.

5:54 p.m.

R-2003-150

The Executive Session ended and the meeting was opened to the public. Mr. Kost moved that the Board adopt the following Order in the matter of Anthony Kornokovich, R.Ph.:

	ORDER OF THE STATE BOARD OF PHARMACY (Docket No. D-021016-020) In The Matter Of: ANTHONY KORNOKOVICH, R.Ph. 86 Eastshore Boulevard Timberlake, Ohio 44095 (R.Ph. No. 03-3-16986)
	INTRODUCTION THE MATTER OF ANTHONY KORNOKOVICH CAME FOR HEARING ON APRIL 8, 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.; AND JAMES E. TURNER, R.Ph. ANTHONY KORNOKOVICH WAS REPRESENTED BY JOHN R. IRWIN, M.D. AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.
	SUMMARY OF EVIDENCE State’s Witnesses 1. Frank J. Bodi, Ohio State Board of Pharmacy Respondent's Witnesses 1. Anthony Kornokovich, R.Ph., Respondent
	State's Exhibits 1. Summary Suspension Order/Notice of Opportunity For Hearing letter [10-16-02] 1A-1C. Procedurals 2. 3. 4. 5. 6. 7. 8.
	Respondent's Exhibits A. Letter from Joseph W. Janesz, Ph.D., PPC, CCDC III-E, CRC and Gregory B. Collins, M.D. [04-04-03] B. PRO Pharmacist's Recovery Contract for Tony Kornokovich [12-10-02] C. Support Group Attendance Records [10-08-02 to 04-02-03] D. Drug Screen Reports [02-10-03 and 03-27-03] E. F. G. Copy of letter from George L. Plataz [03-31-03] H. Copy of letter from Ralph B. Homer, Jr. [04-04-03] I. Letter from Robert J. Widmar [04-04-03]
	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) (2) (3)
	(4) (5) (6)
	CONCLUSIONS OF LAW (1) The State Board of Pharmacy concludes that paragraphs (3) through (6) of the Findings of Fact constitute being guilty of gross immorality as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code. (2) The State Board of Pharmacy concludes that paragraph (6) 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 him unfit to practice pharmacy as provided in Division (A)(3) of Section 4729.16 of the Ohio Revised Code. (4) The State Board of Pharmacy concludes that paragraphs (4) and (5) 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. or 4729. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.
	DECISION OF THE BOARD Pursuant to Section 3719.121 of the Ohio Revised Code, the State Board of Pharmacy hereby removes the Summary Suspension Order issued to Anthony Kornokovich on October 16, 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. 03-3-16986, held by Anthony Kornokovich and such suspension is effective as of the date of the mailing of this Order.
	(A) Anthony Kornokovich, 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) Anthony Kornokovich, pursuant to Section 4729.16(B) of the Ohio Revised Code, must return his identification card and license (wall certificate) to the office of the State Board of Pharmacy within ten days after receipt of this Order unless the Board office is already in possession of both. The identification card and wall certificate should be sent by certified mail, return receipt requested.
	Further, after one year from the effective date of this Order, the Board will consider any petition filed by Anthony Kornokovich 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) Anthony Kornokovich 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) Soma, Valium, Fioricet, Vicodin, Lortab, and Ultram 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) Anthony Kornokovich must demonstrate satisfactory proof to the Board that he is no longer addicted to or abusing drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy. (C) Anthony Kornokovich must provide, at the reinstatement petition hearing, documentation of the following:
	(1) 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.); (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, Anthony Kornokovich 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 Mrs. Gregg and approved by the Board (Aye-6/Nay-0).

5:56 p.m.

The meeting recessed until Wednesday, April 9, 2003.

wednesDAY, april 9, 2003

9:06 a.m.

ROLL CALL

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

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

10:50 a.m.

R-2003-151

The Executive Session ended and the meeting was opened to the public. Mr. Kost moved that the Board adopt the following Order in the matter of Steven Martin Salo, R.Ph.:

	ORDER OF THE STATE BOARD OF PHARMACY (Docket No. D-021112-029) In The Matter Of: STEVEN MARTIN SALO, R.Ph. 7240 Regal Drive Conneaut, Ohio 44030 (R.Ph. No. 03-3-14337)
	INTRODUCTION THE MATTER OF STEVEN MARTIN SALO CAME FOR HEARING ON APRIL 8, 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. STEVEN MARTIN SALO 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. Theresa Salo, R.N. 2. David Cunningham 3. Emil Dontenville 4. Steven Martin Salo, R.Ph., Respondent
	State's Exhibits 1. Reinstatement Hearing Request letter from Steven M. Salo [11-01-02] 1A-1B. Procedurals 2. Copy of State Board of Pharmacy Order in re Steven Martin Salo [03-09-01] 3. Copy of Notarized Statement of Howard Weisman [09-11-00]; Copy of Statement of Howard Weisman [09-11-00]; Copy of Letter of Resignation of Steven M. Salo [09-11-00]; Copy of Notarized Statement of Howard Weisman [09-19-00]; Copy of Inventory List [not dated] 4. Copy of Notarized Statement of Cheryle Chiaramonte [09-19-00] 5. Copy of Notarized Statement of Theresa M. Salo [09-19-00] 6. Copy of Notarized Statement of Steven M. Salo [09-11-00] 7. Summary Audit Report for Ashtabula County Medical Center [09-19-00] 8. Four photographs of drugs and alcohol 9. Information, State of Ohio vs. Steven Martin Salo, Case No. 2001-CR-29, Ashtabula County Common Pleas Court [01-26-01] 10. Judgment (Guilty Pleas) [03-06-01] 11. Judgment (Sentencing) [04-12-01]
	Respondent's Exhibits A1. PRO Pharmacist’s Recovery Contract for Steven M. Salo [03-19-01]; Support Group Attendance Records [10-30-00 to 04-06-03] A2. Quest Diagnostics Chain of Custody Document/Request Forms for Donor Steven M. Salo [12-29-00 to 03-27-03] A3. Urine Drug Screen Reports [12-29-00 to 12-18-01]; Compass Vision, Inc. Licensee Summary Report [01-24-02 to 02-10-03]; Compass Vision Test Panel 933 [Faxed 12/10/02]; E-mail from QBCM [04-04-03]
	A4. Fourteen Letters of Support [03-16-03 to 04-08-03] A5. Judgment Entry, State of Ohio vs Steven Martin Salo, Case No. 2001-CR-029, Ashtabula County Common Pleas Court [07-31-02]; Letter from Michael T. Jones, Parole Officer [08-08-02]; Copy of three checks from Steven M. Salo: No. 3025 to Ashtabula Co. Med. Center [12-06-00], No. 3083 to Ohio State Board of Pharmacy [03-09-01], and No. 3082 to Ashtabula Co. Law Enf. Trust Fund [03-09-01] A6. Copy of two Lake Area Recovery Center Discharge Summaries [05-01-01 and 12-21-01]; Copy of Lake Area Recovery Center Certificate of Completion [05-01-01] A7. Continuing Pharmaceutical Education Certificates [04-29-01 to 03-11-03] A8. Copy of two Certificates of Sobriety [11-09-01 and 11-09-02]; Copy of four Certificates of Appreciation [02-19-02 to 01-26-03]; Copy of Kent State University Grades [Fall 2001; Spring 2002; Summer 2002; Fall 2002]; Part-Time Dean’s List Certificate, Spring 2002 Semester
	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 Steven Martin Salo has complied with the terms set forth in the Order of the State Board of Pharmacy, Docket No. D-001003-013, effective March 9, 2001.
	DECISION OF THE BOARD On the basis of the Finding of Fact set forth above, and after consideration of the record as a whole, the State Board of Pharmacy hereby approves the reinstatement of the pharmacist identification card, No. 03-3-14337, held by Steven Martin Salo to practice pharmacy in Ohio and places Steven Martin Salo on probation for five years beginning on the effective date of this Order, with the following conditions:
	(A) Steven Martin Salo 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) Opiates, propoxyphene, 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) Steven Martin Salo 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 Steven Martin Salo's progress towards recovery and what Steven Martin Salo 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 Steven Martin Salo'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) Steven Martin Salo may not serve as a responsible pharmacist. (3) Steven Martin Salo may not destroy, assist in, or witness the destruction of controlled substances. (4) Steven Martin Salo must, during the first six months of practice, work only with a pharmacist whose license is in good standing. (5) Steven Martin Salo must notify all future employers of his past problems. (6) Steven Martin Salo must abide by the contract with his treatment provider and must immediately report any violation of the contract to the Board. (7) Steven Martin Salo must not violate the drug laws of Ohio, any other state, or the federal government. (8) Steven Martin Salo must abide by the rules of the State Board of Pharmacy. (9) Steven Martin Salo 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.
	Steven Martin Salo is hereby advised that the Board may at any time revoke probation for cause, modify the conditions of probation, and reduce or extend the period of probation. At any time during this period of probation, the Board may revoke probation for a violation occurring during the probation period. THIS ORDER WAS APPROVED BY A VOTE OF THE STATE BOARD OF PHARMACY. MOTION CARRIED. SO ORDERED.

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

R-2003-152

Mr. Braylock then moved that the Board adopt the following Order in the matter of James M. Rosselit, R.Ph., D.O.:

	ORDER OF THE STATE BOARD OF PHARMACY (Docket No. D-030305-003) In The Matter Of: JAMES M. ROSSELIT, JR., D.O., R.Ph. 7890 Winding Way South Tipp City, Ohio 45371 (R.Ph. No. 03-2-16535)
	INTRODUCTION THE MATTER OF JAMES M. ROSSELIT CAME FOR HEARING ON APRIL 8, 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 M. ROSSELIT WAS REPRESENTED BY DOUGLAS E. GRAFF AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.
	SUMMARY OF EVIDENCE State’s Witnesses 1. Robert W. Burdick, R.Ph., Ohio State Board of Pharmacy Respondent's Witnesses 1. James M. Rosselit, Jr., D.O., R.Ph., Respondent
	State's Exhibits 1. Copy of Summary Suspension Order/Notice of Opportunity For Hearing [03-05-03] 1A-1D. Procedurals 2. Notarized Statement of James M. Rosselit, Jr. [03-11-03] 3. Notarized Statement of A. Kirk Bodary, M.D. [02-25-03]; Letter from A. Kirk Bodary, M.D., M.M.M. [02-24-03] 4. Copy of Consent Agreement between James M. Rosselit, Jr., D.O. and the State Medical Board of Ohio [02-13-03] 5. Controlled Substance Audit Reports [09-16-02 to 01-31-03] 6. Summary of Pyxis Withdrawals [01-27-03 to 01-30-03] 7. Anesthesia Record for Patient #1 [01-27-03] 8. Anesthesia Record for Patient #2 [01-26-03] 9. Anesthesia Record for Patient #3 [01-27-03] 10. Anesthesia Record for Patient #4 [01-28-03] 11. Anesthesia Record for Patient #5 [01-29-03] 12. Anesthesia Record for Patient #6 [01-29-03] 13. Copy of Notarized Statement of Wendy Dobie [03-31-03] 14. Copy of Notarized Statement of Marie A. Bashaw [03-31-03]
	Respondent's Exhibits A. Ohio Medical Board Licensee Profile & Status Report of Formal Action Against James M. Rosselit [04-07-03]; Copy of Step I Consent Agreement between James M. Rosselit, Jr., D.O. and the State Medical Board of Ohio [02-13-03] B. Cleveland Clinic Individual Psychiatric Treatment Summary re James Rosselit, D.O., R.Ph. [04-04-03] C. Ohio Physicians Effectiveness Program, Inc. Advocacy Contract re James Rosselit, DO [03-17-03]; Urine Drug Screen Reports [03-12-03 and 03-18-03] D. Letter from David D. Goldberg, D.O. [04-04-03]
	E. Indictment, [03-17-03]; Entry of Appearance and Time Waiver [04-01-03]; Petition for Intervention in Lieu of Conviction [04-01-03]. State of Ohio vs James Rosselit, Case No. 2003 CR 00584, Montgomery County Common Pleas Court F. Shepherd Hill Hospital Discharge Summary [05-15-95]; Counselor Discharge Summary [05-12-95]; and Integrated Summary [05-07-95]
	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 James M. Rosselit was originally licensed by the State of Ohio as a pharmacist on August 6, 1986, pursuant to examination, and that his license to practice pharmacy in Ohio was summarily suspended effective March 5, 2003. (2) James M. Rosselit is addicted to the use of controlled substances to such a degree as to render him unfit to practice pharmacy, to wit: James M. Rosselit has admitted that he has stolen controlled substances for his addiction. James M. Rosselit admitted himself into a 28-day in-patient treatment program due to his addiction to sufentanil, a Schedule II controlled substance. (3) James M. Rosselit did, on or about the following dates, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Grandview Hospital, beyond the scope of the express or implied consent of the owner, to wit: James M. Rosselit has stolen the following:

1-27-03

1-28-03

1-29-03

sufentanil inj. 250 mcg/5 ml amp.

sufentanil inj. 100 mcg/2 ml amp.

sufentanil inj. 250 mcg/5 ml amp.

sufentanil inj. 100 mcg/2 ml amp.

sufentanil inj. 250 mcg/5 ml amp.

sufentanil inj. 100 mcg/2 ml amp.

8:24 a.m.

9:06 a.m.

9:43 a.m.

6:37 p.m.

12:24 p.m.

2:50 p.m.

8:32 a.m.

11:51 a.m.

	Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.
	CONCLUSIONS OF LAW (1) The State Board of Pharmacy concludes that paragraph (3) of the Findings of Fact constitutes 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 paragraph (2) of the Findings of Fact constitutes being addicted to or abusing liquor or drugs and 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 3719.121 of the Ohio Revised Code, the State Board of Pharmacy hereby removes the Summary Suspension Order issued to James M. Rosselit on March 5, 2003. 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. 03-2-16535, held by James M. Rosselit and such suspension is effective as of the date of the mailing of this Order.
	(A) James M. Rosselit, 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. This condition will be removed upon reinstatement by the Medical Board of Ohio. (B) James M. Rosselit, pursuant to Section 4729.16(B) of the Ohio Revised Code, must return his identification card and license (wall certificate) to the office of the State Board of Pharmacy within ten days after receipt of this Order unless the Board office is already in possession of both. The identification card and wall certificate should be sent by certified mail, return receipt requested.
	Further, after one year from the effective date of this Order, the Board will consider any petition filed by James M. Rosselit for a hearing, pursuant to Ohio Revised Code Chapter 119., for reinstatement. The Board will only consider reinstatement of his license to practice pharmacy in Ohio if the following conditions have been met:
	(A) James M. Rosselit must comply with his State Medical Board of Ohio Step I Consent Agreement dated February 13, 2003. (B) James M. Rosselit must demonstrate satisfactory proof to the Board that he is no longer addicted to or abusing liquor or drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy. (C) James M. Rosselit must provide, at the reinstatement petition hearing, documentation of the following:
	(1) Compliance with his Step I Consent Agreement as required above and with all treatment programs (e.g.-copies of all drug and alcohol screen reports, support 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, James M. Rosselit 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 Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

11:00 a.m.

The Board took a brief recess.

11:10 a.m.

	Mr. Keeley presented a status report on the work being done by the two Board-appointed committees on rules. There were no issues requiring official action by the Board at this time.
R-2003-153	Mr. Benedict presented a request from Parma Community General Hospital (02-0032450) for an exemption to Rule 4729-5-10 (Pick-up station) so that patient-specific prescriptions could be prepared at Central Admixture Pharmacy Services (02-1312700) and delivered to Parma Community General Hospital for distribution to the patients. After discussion, Mrs. Gregg moved that the Board approve the request due to the need for involvement by a health care professional in the patient’s drug therapy [OAC Rule 4729-5-10(B)(5)(b)]. The motion was seconded by Mr. Giacalone and approved by the Board (Aye-8/Nay-0).
R-2003-154	The Board next considered a request for an exemption to OAC Rule 4729-5-11 (Responsible pharmacist) received from John J. Meyer, R.Ph. for the following Terminal Distributor of Dangerous Drugs licenses: HealthCare Retail Pharmacy (02-0170750) HealthCare Institutional Pharmacy (02-0879950) After discussion, Mrs. Gregg moved that the Board approve this request for a period of one year. The motion was seconded by Ms. Eastman and approved by the Board (Aye-8/Nay-0). Mr. Benedict distributed copies of new Policies and Procedures and Meeting Attendance Sheets received from the Pharmacists Rehabilitation Organization (PRO) to the Board members for their review. No official Board action was required on this matter. Mr. Winsley distributed letters received from several candidates seeking election to the National Association of Boards of Pharmacy (NABP) Executive Committee at the NABP Annual Meeting in May, 2003. In addition, copies of several proposed amendments to the NABP Constitution and Bylaws were also distributed.
R-2003-155	The Board next reviewed a request from Richard Hammond, R.Ph., BCOP, for the Board to add the Certified Oncology Pharmacist designation from the Board of Pharmaceutical Specialties (BPS) to the list of the Board Approved Specialty Certification Programs as defined in Rule 4729-7-08 of the Administrative Code. After a review of the program and the requirements needed to be met prior to the awarding of the certification by BPS, Mrs. Gregg moved that the request be approved by the Board. The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).
R-2003-156	Mr. Winsley requested that the Board approve the renewal of the contract with NABP regarding the joint publishing of the quarterly newsletter. Mrs. Gregg moved that the Board approve the renewal of the contract. The motion was seconded by Mr. Turner and approved by the Board (Aye-8/Nay-0). Mr. Braylock reported that the Nursing Board’s Committee on Prescriptive Governance had not met. There was no report regarding the Medical Board’s Prescribing Committee.

11:45 a.m.

The Board recessed for lunch.

1:35 p.m.

The Board, with the exception of Mr. Kost who left the meeting for personal reasons, reconvened in Room West-B&C. 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 John Christopher Leasure, R.Ph., Maumee.

5:19 p.m.

The hearing ended and the record was closed.

5:23 p.m.

6:00 p.m.

R-2003-157

The Executive Session ended and the meeting was opened to the public. Mr. Braylock moved that the Board adopt the following Order in the matter of John Christopher Leasure, R.Ph.:

	ORDER OF THE STATE BOARD OF PHARMACY (Docket No. D-020912-010) In The Matter Of: JOHN CHRISTOPHER LEASURE, R.Ph. 2133 Kingston Drive Maumee, Ohio 43537 (R.Ph. No. 03-2-19537)
	INTRODUCTION THE MATTER OF JOHN CHRISTOPHER LEASURE CAME FOR HEARING ON APRIL 9, 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.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph. JOHN CHRISTOPHER LEASURE WAS REPRESENTED BY GORDON S. FRIEDMAN AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.
	SUMMARY OF EVIDENCE State’s Witnesses 1. Dale R. Fritz, Ohio State Board of Pharmacy 2. Dennis G. Wilichowski, Lucas County Deputy Sheriff Respondent's Witnesses 1. John Christopher Leasure, R.Ph., Respondent
	State's Exhibits 1. Copy of Notice of Opportunity For Hearing letter [09-12-02] 1A-1K. Procedurals 2. Indictment, State of Ohio vs. John C. Leasure, Case No. CR-02-01076, Lucas County Common Pleas Court [01-14-02] 3. Entry of Jury Verdict [04-12-02] 4. Entry of Order, State of Ohio vs John Leasure, Case No. G-4801-CR-0200201076, Lucas County Common Pleas Court [04-15-02] 5. Judgment Entry [06-04-02] 6. Copy of letter from Joyce Williams, Unit Manager and Dave Schultz, Probation Officer [07-02-02] 7. Copy of letter from Tammy Anderson, Brett Anderson, and Melody Anderson-Leasure [08-24-02] 8. Judgment Entry [11-18-02] 9. Letter from Glen Lammon, Department Director and Dave Schultz, Probation Officer [12-06-02] 10A-10K. Eleven color photographs of injuries and damage 11. Copy of Lucas County Sheriff’s Office Incident Report by Deputy Sheriff (D/S) Wilichowski, Records Section No. 000034-02, for Felonious Assault X3/Vandalism [01-02-02]; Supplemental Report by D/S Jeffrey P. Summers [01-02-02]; Supplemental Report by J. G. Ceglio [01-02-02]; Supplemental Report by James Schiavone [01-02-02]; Copy of Lucas County Sheriff's Office Incident Report by D/S Wilichowski, Records Section No. 000034-02, for Injured Officer [01-02-02]; Copy of Statement by Tammy Anderson [01-02-02]
	12. St. Luke’s Hospital Emergency Department Physician Dictation, Emergency Nursing Assessment, and Emergency Supplemental Nursing Notes re Tammy A. Anderson [01-02-02]; and St. Luke’s Hospital Emergency Department Physician Dictation, Emergency Nursing Assessment, and Emergency Supplemental Nursing Notes re Melody Anderson-Leasure [01-02-02]
	Respondent's Exhibits A. Letter from William M. Aring, R.Ph. [03-20-03] B. Copy of Anger Management Completion Certificate for John Leasure [03-29-02] C. Pages 23 to 88 of Transcript of Trial Testimony of Tammy Anderson, State of Ohio vs. John Leasure, Case No. CR02-01076, Lucas County Common Pleas Court D. Judgment Entry [06-04-02] E. Brief of Defendant-Appellant, State of Ohio vs. John Leasure, Appeal Case No. L-02-1207, Trial No. CR02-1076, Lucas County Common Pleas Court [01-15-03] F. Copy of letters from Shirley L. Tucker, R.N. [not dated]; Matt Carder [04-06-03]; R.W. Lonsway, Jr. [04-04-03]; Andrea K. Davis [04-07-03]
	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 John Christopher Leasure was originally licensed by the State of Ohio as a pharmacist on July 30, 1992, pursuant to examination, and is currently licensed to practice pharmacy in Ohio. (2) John Christopher Leasure was, on or about April 12, 2002, convicted of one count of Kidnapping, a felony of the first degree under Section 2905.01(A)(2) and (A)(3) of the Ohio Revised Code, and one count of Domestic Violence, a misdemeanor of the first degree under Section 2919.25(A) of the Ohio Revised Code. State of Ohio vs. John Leasure, Case No. G-4801-CR-0200201076, Lucas County Common Pleas Court.
	CONCLUSION OF LAW The State Board of Pharmacy concludes that paragraph (2) of the Findings of Fact constitutes being guilty of a felony and gross immorality as provided in Division (A)(1) 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. 03-2-19537, held by John Christopher Leasure and such suspension is effective as of the date of the mailing of this Order.
	(A) John Christopher Leasure, 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) John Christopher Leasure, pursuant to Section 4729.16(B) of the Ohio Revised Code, must return his identification card and license (wall certificate) to the office of the State Board of Pharmacy within ten days after receipt of this Order unless the Board office is already in possession of both. The identification card and wall certificate should be sent by certified mail, return receipt requested.
	Further, after nine months from the effective date of this Order, the Board will consider any petition filed by John Christopher Leasure 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) John Christopher Leasure 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) John Christopher Leasure 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 John Christopher Leasure‘s fitness for readmission into the practice of pharmacy; (3) 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; (4) Compliance with the terms of this Order.
	(C) If reinstatement is not accomplished within three years of the effective date of this Order, John Christopher Leasure 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-5/Nay-2).

6:05 p.m.

Mr. Lipsyc moved that the Board receive Per Diem as follows:

PER DIEM	3/19	4/3	4/7	4/8	4/9	Total
Adelman	-	-	1	1	1	3
Braylock	-	-	1	1	1	3
Eastman	1	-	1	1	1	4
Giacalone	-	1	1	1	1	4
Gregg	-	-	1	1	1	3
Lipsyc	-	1	1	1	1	4
Kost	-	-	1	1	1	3
Teater	1	-	1	1	1	4
Turner	-	-	1	1	1	3

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

6:06 p.m.

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

THE BOARD APPROVED THESE MINUTES

MAY 12, 2003