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

October 15, 2003

 

WEDNESDAY, OCTOBER 15, 2003

 

  8:04 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:

 

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

 

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

 

Mr. Rowland announced that the following Settlement Agreements had been signed by all parties and were now effective:

 

R-2004-051

 

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-030417-067)

 

In The Matter Of:

 

TARRA LYNN BRYANT, R.Ph.

260 Tod Lane

Youngstown, Ohio 44504

(R.Ph. No. 03-2-15329)

 

 

 

 

This Settlement Agreement is entered into by and between Tarra Lynn Bryant 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.

 

Tarra Lynn Bryant 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. Tarra Lynn Bryant acknowledges that by enter­ing into this agree­ment she 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, Tarra Lynn Bryant is licensed to practice pharmacy in the State of Ohio.

 

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

 

 

 

(1)

Records of the Board of Pharmacy indicate that Tarra Lynn Bryant was originally licensed in the State of Ohio on December 6, 1983, pursuant to reciprocity, and is currently licensed to practice pharmacy in the State of Ohio.

 

 

 

(2)

Tarra Lynn Bryant did, on or about January 20, 2002, dispense a controlled substance pursuant to a written outpatient prescription, to wit: Tarra Lynn Bryant dispensed Rx# 272810, written for Darvocet N-100, a schedule IV controlled substance, when the hand-written prescription included three additional dangerous drug orders on the same form.  Such conduct is in violation of Rule 4729-5-13 of the Ohio Administrative Code.

 

 

 

(3)

Tarra Lynn Bryant did, on or about January 20, 2002, misbrand a drug, to wit: when Tarra Lynn Bryant received a prescription for Toprol XL 25 mg, Rx# 272808, she dispensed Toprol XL 200 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.

 

 

 

 

Tarra Lynn Bryant neither admits nor denies the allegations stated in the Notice of Oppor­tunity for Hearing letter dated April 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, Tarra Lynn Bryant knowingly and voluntarily agrees with the State Board of Pharmacy to the following:

 

 

 

 

(A)  Tarra Lynn Bryant agrees to the imposition of a monetary penalty of One thousand dollars ($1,000.00) due and owing within thirty days from the effective date of this Agreement.  Checks should be made payable to the "Treasurer, State of Ohio" and mailed with the enclosed forms to the State Board of Pharmacy, 77 South High Street, 17th Floor, Columbus, Ohio 43266-0320.

 

(B)  In addition to any and all other Continuing Education requirements, Tarra Lynn Bryant agrees to attend 3.0 hours of continuing education within one year of the effective date of this agreement for preventing prescription errors in a retail phar­macy.

 

 

 

 

If, in the judgment of the Board, Tarra Lynn Bryant 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.

 

Tarra Lynn Bryant 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.

 

Tarra Lynn Bryant 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. Tarra Lynn Bryant 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. Tarra Lynn Bryant 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/          Tarra Lynn Bryant

 

/d/     9–30–03

 

Tarra Lynn Bryant, Respondent

 

Date of Signature

 

/s/          David W. Grauer

 

/d/     10–7–03

 

David W. Grauer for Respondent

 

Date of Signature

 

/s/          Robert P. Giacalone

 

/d/     10–15–03

 

Robert P. Giacalone, President, Ohio State Board of Pharmacy

 

Date of Signature

 

/s/          Sally Ann Steuk

 

/d/     10–15–03

 

Sally Ann Steuk, Ohio Assistant Attorney General

 

Date of Signature

 

 

R-2004-052

 

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. 021104-024)

 

In the Matter of:

 

KMART PHARMACY #4875

c/o James B. Adamson, President

3100 West Big Beaver Road

Troy, Michigan 48084

(Terminal Distributor No. 02-0711950)

 

 

 

 

This settlement agreement is entered into by and between Kmart Corporation on behalf of Kmart Pharmacy #4875 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.

 

Kmart 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, Kmart is a licensed terminal distributor of dangerous drugs in the State of Ohio.

 

WHEREAS, on or about November 4, 2002, pursuant to Chapter 119. of the Ohio Revised Code, Kmart Pharmacy #4875 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.  Fur­ther, a hearing was scheduled, and it was continued.  The November 4, 2002, Notice of Opportunity for Hear­ing contains the following allegations or charges:

 

 

 

(1)

Records of the Board of Pharmacy indicate that Kmart Pharmacy #4875 is licensed with the State Board of Pharmacy as a Terminal Distributor of Dangerous Drugs. Records further reflect that James B. Adamson is the president of the corporation.

 

 

 

(2)

Kmart Pharmacy #4875 did, on or about March 6, 2002, divulge contents, and pro­vide copies of confidential patient information relating to the practice of pharmacy, to wit: after having been warned against such conduct by agents of the Ohio State Board of Pharmacy, and after having been informed by the patient not to do so, Kmart Pharmacy #4875 disclosed the contents of prescription # 4404967 to a third party not permitted by regulation to receive the information.  Such conduct is in vio­lation of Rule 4729-5-29 of the Ohio Administrative Code.

 

 

 

(3)

Kmart Pharmacy #4875 did, on or about March 6, 2002, divulge contents, and pro­vide copies of confidential patient information relating to the practice of pharmacy, to wit: after having been warned against such conduct by agents of the Ohio State Board of Pharmacy, and after having been informed by the patient not to do so, Kmart Pharmacy #4875 dis­closed the contents of prescription # 6640317 to a third party not permitted by regu­la­tion to re­ceive the information.  Such conduct is in violation of Rule 4729-5-29 of the Ohio Admini­strative Code.

 

 

 

(4)

Kmart Pharmacy #4875 did, on or about March 6, 2002, or thereafter, divulge con­tents, and provide copies of confidential patient information relating to the practice of pharmacy or records of administering drugs, to wit: after having been warned against such conduct by agents of the Ohio State Board of Pharmacy, and after hav­ing been informed by the patient not to do so, Kmart Pharmacy #4875 disclosed the contents of a patient profile to a third party not permitted by regulation to receive the information.  Such conduct is in violation of Rule 4729-5-29 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, Kmart knowingly and voluntarily agrees with the State Board of Pharmacy to the following:

 

 

 

(1)

Kmart will implement policies and procedures to ensure that improper disclosure of patient records does not occur when responding to subpoenas.  Prior to this matter, Kmart policy did not automatically require the involvement of the Kmart Legal De­partment when responding to a subpoena for pharmacy records.  This policy will be changed.  All Kmart pharmacies will be instructed to forward subpoenas to the company’s Privacy Officer in the Kmart Legal Department.  Subpoenas will then be reviewed by the Legal Department to determine whether compliance with the sub­poena requires the disclosure of confidential patient records.  Disclosure of confi­dential patient records will not be made in response to the subpoena unless:

 

 

 

(a)

The patient consents in writing; or

 

 

 

(b)

A court order compels production of the records.

 

 

 

 

A copy of the new policy is attached and incorporated in this settlement.

 

 

 

(2)

Kmart will promptly comply with requests for records from law enforcement per­son­nel consistent with the mandates of 45 C.F.R. § 164.512 and Ohio Admini­stra­tive Code Rule 4729-5-29.

 

 

 

(3)

Kmart will pay a monetary penalty of Twenty-Five Thousand Dollars ($25,000.00).

 

 

 

(4)

Kmart employee Howard Kramer will be barred from any future responsibilities for com­ply­ing with pharmacy subpoenas.

 

 

 

 

Kmart 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.

 

Kmart 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.  Kmart 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. Kmart agrees that should the Board reject this Agreement and if this case proceeds to hearing, Kmart 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/          David Marsico

 

/d/     9–10–03

 

David Marsico, Senior Vice President

 

Date of Signature

 

/s/          Michael N. Beekhuizen

 

/d/     9–12–03

 

Michael N. Beekhuizen, Attorney for Respondent

 

Date of Signature

 

/s/          Robert P. Giacalone

 

/d/     10/15/03

 

Robert P. Giacalone, President, Ohio State Board of Pharmacy

 

Date of Signature

 

/s/          Sally Ann Steuk

 

/d/     10–15–03

 

Sally Ann Steuk, Ohio Assistant Attorney General

 

Date of Signature

 

  8:06 a.m.

 

Board Member Gregory Braylock arrived and joined the meeting in progress.

  8:06 a.m.

 

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

  8:50 a.m.

R-2004-053

The Executive Session ended and the meeting was opened to the public.  Mr. Braylock moved that the Board accept the settlement offer as amended by the Board in the matter of Andrew D. Goddard, R.Ph.  The motion was seconded by Ms. Eastman. The vote by the voting members of the Board resulted in a tie vote.  Mr. Giacalone voted Aye and the motion was therefore approved by the Board (Aye-5/Nay-4).  The agreement will become final upon the signature of all parties.

 

R-2004-054

Mr. Kost moved that the Board accept the settlement offer received in the matter of Craig James Baker.  The motion was seconded by Mrs. Teater and approved by the Board (Aye-8/­Nay-0).

 

R-2004-055

Mr. Turner then moved that the Board deny the settlement offer received in the matter of Akron Center for Choice.  The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

  8:55 a.m.

 

The Board took a brief recess.

  9:15 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 George L. Plataz, R.Ph., Willoughby.

  9:44 a.m.

 

The hearing was recessed pending the receipt of evidence for the respondent.

 

R-2004-056

Mr. Winsley discussed an ultrasonic fingerprint reader from UltraScan with the Board as a possible means of meeting the Board’s requirement for positive identification.  After discussion, Mrs. Gregg moved that this system be considered an approvable system to meet the Board’s positive identification requirements subject to final implementation and in­spec­tion.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/­Nay-0).

10:01 a.m.

 

The hearing in the matter of George L. Plataz, R.Ph. resumed.

10:59 a.m.

 

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

11:09 a.m.

R-2004-057

Mr. McMillen presented further information received regarding the application for approval as a provider of continuing pharmacy education (CPE) received from the Ohio Association for Alcohol/Drug Abuse Counselors (OAADAC) that had been continued from the September, 2003, Board meeting.  After discussion, Mr. Braylock moved that the Board deny the appli­ca­tion and encourage OAADAC to work with approved providers of CPE in the Cin­cin­nati area.  The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/­Nay-0).

 

R-2004-058

Mr. McMillen then presented a request from Claudia Stephan, R.Ph. asking for a waiver from the requirements of Rule 4729-5-11(A) to allow her to serve as responsible phar­ma­cist at more than one location.  After discussion, Ms. Eastman moved that the re­quest be approved for a ninety-day time period at the following two locations:

 

Select Specialty Hospital – Canton Campus (Application Pending)

Select Specialty Hospital – Akron Campus (02-0946550)

 

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

 

R-2004-059

Mr. Benedict presented a request from Richard Adams, R.Ph. asking for a continuation of the waiver from the requirements of Rule 4729-5-11(A) allowing him to serve as respon­sible pharmacist at more than one location.  After discussion, Mrs. Gregg moved that the request be approved for one year for the following two licenses:

 

Harrison Community Hospital (02-0034450)

Health Connection Pharmacy (02-0560300)

 

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

 

R-2004-060

Mr. Benedict then presented a request from Andy El-gendy, R.Ph. asking for a continua­tion of the waiver from the requirements of Rule 4729-5-11(A) allowing him to serve as re­spon­sible pharmacist at more than one location.  After discussion, Mr. Turner moved that the re­quest be approved for one year for the following two licenses:

 

Ritzman Infusion Services (02-1230050)

Summa Home Infusion (02-1222300)

 

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 September 8, 9, 10, 2003 meeting, Mrs. Gregg moved that the minutes be approved as amended.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

 

Mr. Winsley next presented a request from D&E Pharmaceuticals, Inc. for an exception from Section 3719.44 of the Revised Code for their product, Bolt Ephedrine Formula 400.  After a review of the materials submitted, Mrs. Adelman moved that the Board table the request pending receipt of a complete application as required by Rule 4729-12-08 of the Admini­strative Code.  The motion to table the request was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

11:57 a.m.

 

The Board recessed for lunch.

  1:30 p.m.

 

With all members present, the Board convened in Room South-A, 31st Floor, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio, for the purpose of meeting with the candidates for licensure by reciprocity.

 

R-2004-061

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.

 

DANIEL NATHAN BOND

 

03-1-25984

 

WEST VIRGINIA

MICHAEL HENRY BRONSON

 

03-1-25975

 

OREGON

PATRICIA ANN FROMKNECHT-WEIMER

 

03-1-25982

 

PENNSYLVANIA

BETHANY HOLYCROSS GAILLIOT

 

03-1-25988

 

INDIANA

MARINA LOUISE GUENTHER

 

03-1-25906

 

ILLINOIS

TAMMY MAE HANSON

 

03-1-25961

 

INDIANA

YULAN JEAN

 

03-1-25983

 

KANSAS

TODD ANTHONY KLICHE’

 

03-1-25989

 

MASSACHUSETTS

DAAL MAKRAM NASSIF

 

03-1-25973

 

MICHIGAN

LESLIE DORR RICHARD

 

03-1-25990

 

VIRGINIA

ROSELYN L. ROUSH

 

03-1-25987

 

WEST VIRGINIA

TODD MICHAEL SIGLER

 

03-1-25972

 

PENNSYLVANIA

JEFFREY CHARLES STRINGERT

 

03-1-25962

 

PENNSYLVANIA

BETH ANN WALSMAN

 

03-1-25986

 

INDIANA

  2:06 p.m.

 

The meeting resumed in Room East-B with all members present.  Mr. Braylock reported that the Nursing Board’s Committee on Prescriptive Governance had not met, but would be meeting the next Monday.

 

Mr. Keeley distributed to the Board members copies of the rules for the Public Hearing as they were filed.

 

R-2004-061

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.

 

R-2004-062

Mr. Keeley then presented a request from the Ohio Pharmacists Foundation (OPF) for Board approval of their supplemental course on FluMist™ administration.  This course will be used for those pharmacists who have already received their initial certification for immu­ni­za­tions.  After discussion, Mr. Lipsyc moved that the Board approve this course.  The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).

 

R-2004-063

Mr. Keeley next presented a request from the OPF for approval of their revised training course on immunizations which adds training for the administration of FluMist™ to the previously approved course.  After discussion, Mrs. Gregg moved that the Board approve this course.  This motion was seconded by Mrs. Adelman and approved by the Board (Aye-8/Nay-0).

 

R-2004-064

Mr. Keeley then presented a request from the Kroger Company for Board approval of their supplemental course on FluMist™ administration.  This course will be used for those pharmacists who have already received their initial certification for immuni­za­tions.  After discussion, Mr. Braylock moved that the Board approve this course.  The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

 

R-2004-065

Mr. Keeley next presented a request from the Kroger Company for approval of their revised training course on immunizations which adds training for the administration of FluMist™ to the previously approved course.  After discussion, Mr. Lipsyc moved that the Board approve this course.  This motion was seconded by Mrs. Adelman and approved by the Board (Aye-8/Nay-0).

 

R-2004-066

Mr. Keeley then presented a request from Ohio Northern University (ONU) College of Pharmacy for Board approval of their supplemental course on FluMist™ admini­stra­tion.  This course will be used for those pharmacists who have already received their initial certification for immunizations as part of their student coursework.  After dis­cus­sion, Mrs. Gregg moved that the Board approve this course.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

 

Mr. Keeley next presented a request from ONU College of Pharmacy for approval of their training course on immunizations which includes training for the administration of FluMist™.  This course is to be similar to the course offered to students, but is intended for practicing pharmacists.  The course will involve some off-campus learning activities.  After discussion, the Board members decided to table this request pending receipt of further information clarifying the course content and a breakdown of personal and long-distance learning activities.

 

R-2004-067

Mr. Keeley then presented a request that the Board consolidate and simplify previous refund policies.  After discussion, Ms. Eastman moved that the Board rescind Reso­lu­tions 90-049, 91-124, 92-104, 92-067, 93-167, 95-031, and 99-146 in preparation for adopting a new refund policy.  The motion was seconded by Mr. Turner and approved by the Board (Aye-8/Nay-0).

 

R-2004-068

Mr. Braylock then moved that the Board adopt the following policy for issuing refunds:

 

 

 

PHARMACIST

A FIFTY PERCENT REFUND WILL BE GRANTED FOR ALL PHARMACIST LICENSING ISSUES EXCEPT:

 

(1)

Identification card has been mailed - NO REFUND.

 

 

(2)

It has been determined by the Board that the applicant has failed to qualify - NO REFUND.

 

 

(3)

Two applications received - one fee will be refunded less $10.00.

 

 

 

 

DISTRIBUTOR

A FIFTY PERCENT REFUND WILL BE GRANTED FOR DISTRIBUTOR LICENSING ISSUES EXCEPT:

 

(1)

Registrant has received license from inspector - NO REFUND.

 

 

(2)

It has been determined by the Board that the applicant has failed to qualify - NO REFUND.

 

 

(3)

If the office determines that a lesser category of Terminal Distributor license is required than that requested by the applicant, the difference in fees shall be refunded.

 

 

(4)

An applicant has submitted more than one application for a single site - one fee less $10.00 may be refunded as long as license has not been issued to applicant.

 

 

 

 

REQUESTS FOR REFUND MUST BE IN WRITING AND WILL INCLUDE:

 

(1)

Name of Applicant

 

 

(2)

Address

 

 

(3)

License number, if applicable

 

 

(4)

Social Security Number (individual) or Tax ID Number (distributor)

 

 

 

 

IF THE REQUEST FOR REFUND IS NOT RECEIVED WITHIN THIRTY DAYS OF DEPOSIT -

NO REFUND WILL BE GRANTED

 

 

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

 

Mr. Keeley discussed his Budget Report with the Board.

 

Mr. Keeley discussed his Legislative Report with the Board.

  3:31 p.m.

 

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

  4:45 p.m.

R-2004-069

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

 

 

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-021025-023)

 

In The Matter Of:

 

GEORGE L. PLATAZ, R.Ph.

2255 Par Lane, #G-514

Willoughby, Ohio 44094

(R.Ph. No. 03-2-11512)

 

 

 

 

INTRODUCTION

 

THE MATTER OF GEORGE L. PLATAZ CAME FOR HEARING ON OCTOBER 15, 2003, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ROBERT P. GIACALONE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; 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.

 

GEORGE L. PLATAZ 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.  George L. Plataz, R.Ph., Respondent

2.  Robert Tschinkel, R.Ph.

3.  Rick Bunn

 

State's Exhibits

 

1. Reinstatement Hearing Request letter from John R. Irwin, M.D.  [10-23-02]

1A-1F.  Procedurals

2.  Copy of State Board of Pharmacy Order in re George L. Plataz, R.Ph.  [02-08-02]

2A.  Rx #N659674  [09-26-98]

3.  Rx #N663440  [11-02-98]

4.  Rx #N666333  [12-01-98]

5.  Rx #N669318  [01-02-99]

6.  Rx #N673613  [02-11-99]

7.  Rx #N675568  [02-27-99]

8.  Rx #N680332  [04-11-99]

9.  Rx #N686043  [06-05-99]

10.  Rx #N688768  [07-02-99]

11.  Rx #N692877  [08-13-99]

12.  Rx #N732792  [08-14-00]

13.  Rx #N733583  [08-22-00]

14.  Rx #N740299  [10-21-00]

15.  Rx #N746175  [12-11-00]

16.  Rx #N755063  [02-23-01]

17.  Rx #N768948  [06-15-01]

18.  Rx #N774298  [08-01-01]

19.  CVS/Revco #4316 Pharmacist’s Statement for Patient E  [09-26-98 to 08-01-01]

20.  Rx #N675565  [02-27-99]

21.  Rx #N686044  [06-05-99]

22.  Rx #N694251  [08-27-99]

23.  Rx #N741925  [11-04-00]

24.  Rx #N746749  [12-14-00]

25.  Rx #N751627  [01-26-01]

26.  Rx #N756556  [03-07-01]

27.  Rx #N770723  [06-29-01]

28.  Rx #N774768  [08-05-01]

29.  Rx #N777238  [08-25-01]

30.  CVS/Revco #4316 Pharmacist’s Statement for Patient A  [02-27-99 to 09-16-01]

31.  Rx #N740137  [10-20-00]

32.  Rx #N777280  [08-25-01]

33.  Rx #N745880  [12-07-00]

34.  Rx #N733991  [08-26-00]

35.  CVS/Revco #4316 Pharmacist’s Statement for Patient B  [10-20-00 to 08-25-01]

36.  Rx #N737728  [09-28-00]

37.  Rx #N739603  [10-16-00]

38.  Rx #N741130  [10-30-00]

39.  Rx #N744962  [11-30-00]

40.  Rx #N747885  [12-26-00]

41.  Rx #N753371  [02-09-01]

42.  Rx #N756660  [03-07-01]

43.  Rx #N761940  [04-18-01]

44.  Rx #N768393  [06-11-01]

45.  Rx #N770390  [06-27-01]

46.  Rx #N773918  [07-29-01]

47.  CVS/Revco #4316 Pharmacist’s Statement for Patient C  [08-23-00 to 07-29-01]

48.  Rx #N733570  [08-22-00]

49.  Rx #N738807  [10-08-00]

50.  Rx #N741745  [11-03-00]

51.  Rx #N744963  [11-30-00]

52.  Rx #N749889  [01-12-01]

53.  Rx #N755064  [02-23-01]

54.  Rx #N762257  [04-21-01]

55.  Rx #N769071  [06-15-01]

56.  Rx #N770618  [06-29-01]

57.  Rx #N774706  [08-03-01]

58.  CVS/Revco #4316 Pharmacist’s Statement for Patient D  [08-22-00 to 08-03-01]

59.  Bill of Information, State of Ohio vs. George Plataz, Case No. CR-414767, Cuyahoga County Common Pleas Court  [02-21-02]

60.  Journal Entry  (Guilty Pleas)  [03-11-02]

61.  Journal Entry  (Sentencing)  [04-17-02]

 

 

 

 

Respondent's Exhibits

 

A.  PRO Pharmacist’s Recovery Contract for George L. Plataz  [02-13-02]

B1-B14.  Calendar Pages for January 2002 to February 2003

C1-C14.  Support Group Attendance Records  [01-09-02 to 03-23-03]

D1-13.  Calendar Pages for January 2002 to January 2003

E1-E2.  Compass Vision, Inc. Licensee Summary Report  [01-01-02 to 01-20-03]

F.  Probation Compliance letter from Patrick Shepard, Probation Officer  [01-22-03]

G-G1.  Copy of Restitution Letter to CVS Corporation from George L. Plataz  [01-09-03]; Copy of Restitution Payment Check #1277  [01-09-03]

H1-H8.  Eight Letters of Support  [12-23-02 to 02-24-03]

I1-I27.  Continuing Pharmaceutical Education Credits and Certificates  [02-01-99 to 09-11-02]

J1-J17.  Support Group Attendance Records  [03-24-03 to 10-13-03]; Calendar Pages for January 2003 to September 2003

K1-K9.  Calendar Pages for January 2003 to September 2003

L.   Compass Vision, Inc. Licensee Summary Report  [01-01-03 to 09-15-03]

M.  Urine Drug Screen Report  [09-17-03]

N.  Urine Drug Screen Report  [09-30-03]

O.  Continuing Pharmaceutical Education Certificate  [04-27-03]

P.   Continuing Pharmaceutical Education Certificate  04-27-03]

Q1-Q7.  Letters of Support  [09-08-03 to 10-02-03]

 

 

 

 

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 George L. Plataz has complied with the terms set forth in the Order of the State Board of Pharmacy, Docket No. D-011004-015, effective February 8, 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. 03-2-11512, held by George L. Plataz to practice pharmacy in Ohio and places George L. Plataz on probation for five years beginning on the effective date of this Order, with the following conditions:

 

 

 

 

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

 

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

 

 

 

 

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

 

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

 

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

 

 

 

 

(B)  George L. Plataz 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 George L. Plataz's progress towards recovery and what George L. Plataz 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 George L. Plataz'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)  George L. Plataz may not serve as a responsible pharmacist.

 

(3)  George L. Plataz may not destroy, assist in, or witness the destruction of con­trolled substances.

 

(4)  George L. Plataz must abide by the contract with his treatment provider and must immediately report any violation of the contract to the Board.

 

(5)  George L. Plataz must not violate the drug laws of Ohio, any other state, or the federal government.

 

(6)  George L. Plataz must abide by the rules of the State Board of Phar­macy.

 

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

 

George L. Plataz 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. Braylock and approved by the Board (Aye-8/Nay-0).

 

R-2004-070

Mr. Braylock then moved that the Board deny the settlement offer received in the matter of Abdullah Abukhalil.  The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

  4:47 p.m.

 

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

 

PER DIEM

 

10/15

 

Total

Adelman

 

1

 

1

Braylock

 

1

 

1

Eastman

 

1

 

1

Giacalone

 

1

 

1

Gregg

 

1

 

1

Lipsyc

 

1

 

1

Kost

 

1

 

1

Teater

 

1

 

1

Turner

 

1

 

1

 

 

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

  4:48 p.m.

 

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

 

 

THE BOARD APPROVED THESE MINUTES

NOVEMBER 3, 2003