RECORD OF THE PROCEEDINGS -- NOVEMBER 3, 4, 5, 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 Email: exec@bop.state.oh.us

Minutes Of The Meeting

Ohio State Board of Pharmacy

November 3, 4, 5, 2003

MONDAY, NOVember 3, 2003

10:00 a.m.

ROLL CALL

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

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-2004-071		SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY (Docket No. D-030910-011) In The Matter Of: CRAIG JAMES BAKER, R.Ph. 481 Morning Star Drive Marysville, Ohio 43040 (R.Ph. No. 03-2-25244 This Settlement Agreement is entered into by and between Craig James Baker 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. Craig James Baker 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. Craig James Baker 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, Craig James Baker is licensed to practice pharmacy in the State of Ohio. Whereas, on or about September 10, 2003, pursuant to Chapter 119. of the Ohio Revised Code, Craig James Baker 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. Craig James Baker requested a hearing; it was scheduled and continued. The September 10, 2003, Notice of Opportunity for Hearing contains the following allegations or charges:
	(1)		Records of the Board of Pharmacy indicate that Craig James Baker was originally licensed in the State of Ohio on July 2, 2002, pursuant to examination, and is currently licensed to practice pharmacy in the State of Ohio.
	(2)		Craig James Baker did, on or about April 10, 2003, dispense a drug pursuant to prescription without having the correct directions for use indicated on the label affixed to the container, to wit: when dispensing Rx #6818976, Craig James Baker did not indicate the directions for use of the drug as was prescribed by the physician. The prescription was written for Pepcid suspension, 40 mg/5 ml, to be given 1.25 ml (10 mg) twice daily; however, Craig James Baker indicated on the label for the five-year-old patient to be given 1¼ teaspoonful twice daily. Such conduct is in violation of Rule 4729-5-16 of the Ohio Administrative Code.

Craig James Baker neither admits nor denies the allegations stated in the Notice of Opportunity for Hearing letter dated September 10, 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, Craig James Baker knowingly and voluntarily agrees with the State Board of Pharmacy to the following:

(A) Craig James Baker agrees to the imposition of a monetary penalty of two hundred fifty dollars ($250.00) due and owing within thirty days from the effective date of this Agreement. Checks should be made payable to the "Treasurer, State of Ohio" and mailed with the enclosed forms to the State Board of Pharmacy, 77 South High Street, 17th Floor, Columbus, Ohio 43266-0320.

(B) In addition to any and all other continuing education requirements, Craig James Baker agrees to attend within one year of the effective date of this agreement, 2.0 additional hours of continuing education for pediatric dosing and patient consultation in a retail pharmacy.

If, in the judgment of the Board, Craig James Baker 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.

Craig James Baker 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.

Craig James Baker 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. Craig James Baker 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. Craig James Baker 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/ Craig J. Baker		/d/ 10–24–03
Craig James Baker, Respondent		Date of Signature
/s/ Mary Barley-McBride		/d/ 10/27/03
Mary Barley-McBride, Attorney for Respondent		Date of Signature
/s/ Robert P. Giacalone		/d/ 11/3/03
Robert P. Giacalone, President, Ohio State Board of Pharmacy		Date of Signature
/s/ Sally Ann Steuk		/d/ 11/3/03
Sally Ann Steuk, Ohio Assistant Attorney General		Date of Signature

R-2004-072

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-030109-051)

In The Matter Of:

ANDREW DUANE GODDARD, R.Ph.

736 Redwood Avenue

Canal Fulton, Ohio 44614

(R.Ph. No. 03-1-22391

This Settlement Agreement is entered into by and between Andrew Duane Goddard 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.

Andrew Duane Goddard 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. Andrew Duane Goddard 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, Andrew Duane Goddard is licensed to practice pharmacy in the State of Ohio.

Whereas, on or about January 9, 2003, and again on October 6, 2003, pursuant to Chapter 119. of the Ohio Revised Code, Andrew Duane Goddard 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. Andrew Duane Goddard requested a hearing; it was scheduled and continued. The January 9, 2003, Notice of Opportunity for Hearing and the October 6, 2003 Addendum Notice contain the following allegations or charges:

	(1)	Records of the Board of Pharmacy indicate that Andrew Duane Goddard was originally licensed in the State of Ohio on July 16, 1997, pursuant to examination, and is currently licensed to practice pharmacy in the State of Ohio.
	(2)	Andrew Duane Goddard did, on or about August 1999, to October 1999, knowingly mingle a poison with a drink, knowing that drink would be ingested by person or persons, to wit: Andrew Duane Goddard placed Furosemide (Lasix) 20 mg in coffee that was later consumed by employees of the pharmacy. Such conduct is in violation of Section 2927.24 of the Ohio Revised Code.
	(3)	Andrew Duane Goddard did, on or about August 1999, to October 1999, while employed as a pharmacist at Rite Aid Pharmacy #2393, with purpose to deprive, or knowingly obtain or exert control over dangerous drugs, the property of Rite Aid Pharmacy #2393, beyond the express or implied consent of the owner, to wit: Andrew Duane Goddard has admittedly stolen Furosemide (Lasix) 20 mg. Such conduct violates Section 2913.02 of the Ohio Revised Code.
	(4)	Andrew Duane Goddard did, on or about August 1999, to October 1999, knowingly cause or attempt to cause physical harm to another, to wit: Andrew Duane Goddard placed Furosemide (Lasix) 20 mg in coffee that was consumed by employees of the pharmacy. Employees experienced severe discomfort due to the effect of the drug. Such conduct violates Section 2903.13 of the Ohio Revised Code.
	(5)	On February 26, 2003, Andrew Duane Goddard pled guilty to one (1) count of Theft of Drugs, a felony of the fourth degree under Section 2913.02(A)(2) of the Ohio Revised Code, and to one (1) count of Placing Harmful Objects in Food or Confection, a misdemeanor of the first degree under Section 3716.11(A) of the Ohio Revised Code. State of Ohio vs. Andrew D. Goddard, Case No. 2003CR0214, Stark County Common Pleas Court. Such conduct indicates that Andrew Duane Goddard is guilty of a felony or gross immorality, dishonesty or unprofessional conduct in the practice of pharmacy, and/or addicted to or abusing drugs to render Andrew Duane Goddard unfit to practice pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code.

Andrew Duane Goddard neither admits nor denies the allegations stated in the Notice of Opportunity for Hearing letter dated January 9, 2003 and Addendum Notice dated October 6, 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, Andrew Duane Goddard knowingly and voluntarily agrees with the State Board of Pharmacy to the following:

(A) Pursuant to Sections 4729.16 and 4729.25(B), Andrew Duane Goddard is hereby reprimanded for the aforementioned violations of rules and/or laws.

(B) Andrew Duane Goddard’s pharmacist identification card, No. 03-1-22391, will be placed on probation for three (3) years, effective from the date of this Agreement. The terms of probation are as follows:

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

(C) Andrew Duane Goddard must write a letter of apology to the pharmacy employees affected by Andrew Duane Goddard’s misconduct; providing copy of same to the Board office.

(D) Andrew Duane Goddard 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 43215-6126.

If, in the judgment of the Board, Andrew Duane Goddard 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.

Andrew Duane Goddard 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.

Andrew Duane Goddard 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. Andrew Duane Goddard 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. Andrew Duane Goddard 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/ Andrew D. Goddard		/d/ 10/28/03
Andrew Duane Goddard, Respondent		Date of Signature
/s/ Mark A. Whitaker		/d/ 10/29/03
Mark A. Whitaker, Attorney for Respondent		Date of Signature
/s/ Robert P. Giacalone		/d/ 11/3/03
Robert P. Giacalone, President, Ohio State Board of Pharmacy		Date of Signature
/s/ Sally Ann Steuk		/d/ 11/03/03
Sally Ann Steuk, Ohio Assistant Attorney General		Date of Signature

Mr. Winsley distributed copies of correspondence received pertaining to the Public Rules Hearing scheduled at 1:30 p.m. for the Board to review.

10:02 a.m.

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

10:10 a.m.

Member Gregory Braylock arrived and joined the meeting in progress.

11:15 a.m.

R-2004-073

The Executive Session ended and the meeting was opened to the public. Mrs. Gregg moved that the Board summarily suspend the license to practice pharmacy belonging to Elizabeth Marie Warner, R.Ph. (03-3-16196) due to the fact that a continuation of her professional practice presents a danger of immediate and serious harm to others. The motion was seconded by Mrs. Teater and approved by the Board (Aye-8/Nay-0).

R-2004-074

Ms. Eastman then moved that the Board summarily suspend the license to practice pharmacy belonging to Nancy Lee Dawson, R.Ph. (03-2-12544) due to the fact that a continuation of her professional practice presents a danger of immediate and serious harm to others. The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).

11: 29 a.m.

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

11:30 a.m.

The Board recessed for lunch.

1:30 p.m.

The Board reconvened in Room 1960, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio for the purpose of holding a public hearing on proposed and new rules with the following members present:

Robert P. Giacalone, R.Ph. (President); Lawrence J. Kost, R.Ph. (Vice-President); Diane C. Adelman, R.Ph.; Gregory Braylock, 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 and participating for the Board were William T. Winsley, Executive Director and Sally Ann Steuk, Assistant Attorney General.

1:41 p.m.

The public hearing ended and the record was closed.

1:58 p.m.

	The Board reconvened in Room East-B with all members present.
R-2004-075	Mr. Keeley presented a request from Ohio Northern University for approval of their immunization program for practicing pharmacists. After discussion, Mrs. Gregg moved that the Board approve the program. The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0). Mr. Keeley then discussed his Legislative Report with the Board.
R-2004-076	The Board next considered a request from DrFirst, an electronic prescribing program, for approval by the Board. After a detailed discussion of the program by the Board, Mrs. Gregg moved that the DrFirst prescribing program be considered approvable pending final inspection of the installed system. The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).
R-2004-077	Mr. Benedict then presented a request from John Lepto, R.Ph. asking for a waiver from the requirements of Rule 4729-5-11(A) to allow him to serve as responsible pharmacist at more than one location for a short time period. After discussion, Mr. Braylock moved that the request be approved for a sixty-day time period at the following two locations: Children’s Hospital Medical Center of Akron (02-0038900) Ambulatory Care Center Pharmacy (02-0616250) The motion was seconded by Mr. Turner and approved by the Board (Aye-8/Nay-0).

2:53 p.m.

The Board took a brief recess.

3:03 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 Mark Steven Lang, Cincinnati.

4:42 p.m.

The hearing ended and the record was closed.

4:47 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 Mrs. Adelman 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.

5:00 p.m.

R-2004-078

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

		ORDER OF THE STATE BOARD OF PHARMACY (Docket No. D-030606-078) In The Matter Of: MARK STEVEN LANG P.O. Box 24438 Cincinnati, Ohio 45224-0438 (D.O.B. 02/09/61)
		INTRODUCTION THE MATTER OF MARK STEVEN LANG CAME FOR HEARING ON NOVEMBER 3, 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. MARK STEVEN LANG WAS NOT REPRESENTED BY COUNSEL AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.
		SUMMARY OF EVIDENCE State’s Witnesses 1. Christopher Reed, Ohio State Board of Pharmacy Respondent's Witnesses 1. Mark Steven Lang, Respondent
		State's Exhibits 1. Copy of Proposal to Deny/Notice of Opportunity For Hearing letter [06-06-03] 1A-1C. Procedurals 2. Copy of State Board of Pharmacy Order in re Mark Steven Lang, R.Ph. [12-08-95] 3. Copy of State Board of Pharmacy Order in re Mark Steven Lang [12-15-97] 4. Information, United States of America v. Mark Lang, Case No. CR-1-94-079, United States District Court, Southern District of Ohio, Western Division [08-30-94] 5. Plea Agreement [10-07-94] 6. Judgment Including Sentence Under the Sentencing Reform Act [01-27-95]
		Respondent's Exhibits A. Change of Address letter from Mark Lang [not dated] B. Notice of Termination, Docket No. CR-1-94-079-001, United States Probation Department, Southern District of Ohio [01-26-97]; and Pages 1, 3, & 4 of the Judgment Including Sentence Under the Sentencing Reform Act [01-27-95] United States of America v. Mark Lang, CR-1-94-79-01, United States District Court, Southern District of Ohio, Western Division. C. Copy of Continuing Pharmacy Education Certificates [06-28-97 to 06-30-97] D. Copy of Academic Achievement Letter and Certificates [1995 to 1999] E. Copy of Certificates for University of Cincinnati Bachelor of Science in Pharmacy Degree [06-15-86]; University of Cincinnati Bachelor of Arts Degree [08-31-00]; and Certified Conservation Educator [08-26-02] F. Four Photographs [not dated] G. Copy of DEA Controlled Substances Registration Certificate for Westwood Pharmacy, Inc. [04-25-90 to 05-31-93]; Copy of Ohio Terminal Distributor of Dangerous Drugs License for Westwood Pharmacy [1990]; Anabolic Steroid Inventory form H. Copy of eight Letters of Support [02-26-96 to 11-02-03]
		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 Board of Pharmacy indicate that Mark Steven Lang submitted an Application For Examination As A Pharmacist on or about May 6, 2003. (2) Records further indicate that Mark Steven Lang was originally licensed by the State of Ohio as a pharmacist on August 6, 1986, and that his license to practice pharmacy in Ohio was revoked by the Board of Pharmacy effective December 8, 1995. On or about April 1, 1997, Mark Steven Lang submitted an Application For Examination As A Pharmacist, and the application was denied by the Board of Pharmacy effective December 15, 1997. (3) On December 8, 1995, Mark Steven Lang’s license to practice pharmacy in Ohio was revoked based on the following Findings by the Board:
		(a) Records of the Board of Pharmacy indicate that Mark Steven Lang was originally licensed in the State of Ohio on August 6, 1986, pursuant to examination, and was currently licensed to practice pharmacy in the state of Ohio. Records further reflect that during the relevant time periods stated herein, to wit: September 17, 1987, through August 21, 1991, Mark Steven Lang was the Responsible Pharmacist at Westwood Pharmacy in Cincinnati, Ohio, pursuant to Sections 4729.27 and 4729.55 of the Ohio Revised Code and Section 4729-5-11 of the Ohio Administrative Code. (b) Mark Steven Lang was, on or about October 7, 1994, found guilty pursuant to a plea of one count of Wire Fraud in violation of Section 1343 of the United States Code in the United States District Court, Southern District of Ohio, Western Division, a class D felony. United States of America v. Mark Lang, Case No. CR-1-94-79-01, United States District Court For the Southwestern District of Ohio Western Division.
		(c) Mark Steven Lang as the Responsible Pharmacist did, on or about April 3, 1991, and dates immediately preceding, permit persons other than a registered pharmacist to possess keys to a pharmacy which was not secured by a physical barricade when personal supervision of the dangerous drug stock was not provided, to wit: Mark Steven Lang allowed Jean Russ, not a registered pharmacist, to possess a key to the pharmacy. Such conduct is in violation of Rule 4729-9-05 of the Ohio Administrative Code and Section 4729.27 of the Ohio Revised Code. (d) Mark Steven Lang as the Responsible Pharmacist did, on or about April 3, 1991, and dates immediately preceding, hold or offer for sale drugs which were adulterated and/or misbranded, to wit: Mark Steven Lang possessed for sale, interspersed throughout the stock shelves of Westwood Pharmacy, 409 containers of outdated dangerous drugs, 59 containers of controlled substances, and 17 containers or bags of dangerous drugs which were either not labeled or did not have the required lot numbers, expiration dates, or manufacturers’ names. Such conduct is in violation of Section 3715.52(A) of the Ohio Revised Code.
		(e) Mark Steven Lang as the Responsible Pharmacist did, from December 30, 1987, through April 3, 1991, knowingly sell a controlled substance in an amount exceeding three times the bulk amount, but in an amount less than one hundred times that amount, when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Mark Steven Lang or persons under his control sold 4,713 unit doses of oxycodone with APAP 325 mg (C-II), (32.4% of the stock); 732 unit doses of oxycodone with ASA 325 mg (C-II), (20.6% of the stock); and 183 unit doses of Seconal 100 mg (C-II), (17% of the stock) without prescription and not for legitimate medical purpose. Such conduct is in violation of Section 2925.03(A)(7) of the Ohio Revised Code. (f) Mark Steven Lang as the Responsible Pharmacist did, from December 30, 1987, through April 3, 1991, knowingly sell a controlled substance in an amount exceeding the bulk amount, but in an amount less than three times that amount, when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Mark Steven Lang or persons under his control sold 88 unit doses of Tylox (C-II), (2.5% of the stock); 58 unit doses of Preludin 75mg (C-II), (58% of the stock); and 57 unit doses of Dilaudid 4 mg (C-II), (14.3% of the stock) without prescription and not for legitimate medical purpose. Such conduct is in violation of Section 2925.03(A)(5) of the Ohio Revised Code.
		(g) Mark Steven Lang as the Responsible Pharmacist did, from December 30, 1987, through April 3, 1991, knowingly sell a controlled substance in an amount less than the minimum bulk amount when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Mark Steven Lang or persons under his control sold 90 unit doses of methylphenidate 10 mg (C-II), (3.8% of the stock) without prescription and not for legitimate medical purpose. Such conduct is in violation of Section 2925.03(A)(1) of the Ohio Revised Code. (h) Mark Steven Lang as the Responsible Pharmacist did, from February 27, 1991, through April 3, 1991, fail to take a physical inventory of Westwood Pharmacy’s schedule III controlled substance anabolic steroids after the Ohio Legislature enacted law which scheduled anabolic steroids as schedule III and after having been instructed by compliance bulletin issued by this Board to do so. Such conduct is in violation of Section 3719.07(G) of the Ohio Revised Code.
		(i) Mark Steven Lang as the Responsible Pharmacist did, on or about April 3, 1991, and dates prior thereto, intentionally make and/or knowingly possess false or forged uncompleted pre-printed prescription blanks used for writing prescriptions, to wit: Mark Steven Lang created and subsequently possessed the following eleven prescriptions written for controlled substances, grouped together with a rubber band, which Mr. Lang admitted to Board agents that he created for future assignment of prescription numbers and billing to third party carriers to obtain reimbursement for claims that had been rejected from prior billings: Two prescriptions for Valium 10 mg (C-IV), (100 u.d.) with five refills. Two prescriptions for Valium 10 mg (C-IV), (38 u.d.) with five refills. One prescription for Valium 5 mg (C-IV), (100 u.d.) with five refills. One prescription for Darvocet N-100 ( C-IV), (60 u.d.) with five refills. One prescription for Lomotil (C-V), (40 u.d.) with two refills. One prescription for Tylenol #3 (C-III), (30 u.d.) with one refill. One prescription for Vicodin ES (C-III), (60 u.d.) with no refills. One prescription for Xanax 0.5 mg (C-IV), (100 u.d.) with five refills. One prescription for Tranxene 3.75 mg (C-IV), (120 u.d.) with five refills. Such conduct is in violation of Section 2925.23(B)(2) of the Ohio Revised Code.
		(j) Mark Steven Lang as the Responsible Pharmacist did, on or about April 3, 1991, and dates prior thereto, make false or forged prescriptions, to wit: Mark Steven Lang created and subsequently possessed the following 101 prescriptions written for dangerous drugs, grouped together with a rubber band, which Mr. Lang admitted to Board agents that he created for future assignment of prescription numbers and billing to third party carriers to obtain reimbursement for claims that had been rejected from prior billings:
		One prescription for Tuss Ornade (50 u.d.) with five refills. One prescription for Norgesic (100 u.d.) with five refills. Two prescriptions for Ceclor 250 mg (28 u.d.) with no refills. One prescription for Ceclor 250 mg (32 u.d.) with no refills. Three prescriptions for Flexeril 100 mg (100 u.d.) with five refills. One prescription for Flexeril 100 mg (60 u.d.) with two refills. One prescription for Flexeril 100 mg (60 u.d.) with five refills. Five prescriptions for Prozac 20 mg (48 u.d.) with five refills. Thirteen prescriptions for Prozac 20 mg (68 u.d.) with five refills. One prescription for Prozac 20 mg (68 u.d.) with six refills. One prescription for Vasotec 10 mg (100 u.d.) with five refills. One prescription for Vasotec 10 mg (60 u.d.) with five refills. One prescription for Vasotec 20 mg (60 u.d.) with five refills. Two prescriptions for Isoptin SR 240 mg (30 u.d.) with five refills. Two prescriptions for Diamox 250 mg (100 u.d.) with five refills. Two prescriptions for Materna 1+60 (100 u.d.) with five refills. Four prescriptions for Buspar 10 mg (100 u.d.) with five refills. One prescriptions for Buspar 10 mg (68 u.d.) with five refills. Two prescriptions for Elavil 50 mg (60 u.d.) with five refills. Two prescriptions for Axid CP (30 u.d.) with five refills. Two prescriptions for Zovirax 200 mg (100 u.d.) with six refills. One prescription for Rufen 600 mg (100 u.d.) with five refills. Seven prescriptions for Feldene 20 mg (30 u.d.) with five refills. One prescription for Proventil 8 mg (60 u.d.) with five refills. Five prescriptions for Mevacor 20 mg (60 u.d.) with five refills. Two prescriptions for Proventil Inhalers with five refills. Two prescriptions for Procardia 20 mg (100 u.d.) with five refills. One prescriptions for Reglan 10 mg (100 u.d.) with five refills. One prescriptions for Augmentin 250 mg (30 u.d.) with no refills. One prescription for Augmentin 500 mg (30 u.d.) with one refill. Two prescriptions for Tagamet 300 mg (125 u.d.) with five refills. One prescription for Tagamet 300 mg (125 u.d.) with six refills. One prescription for Tagamet 300 mg (60 u.d.) with five refills. Two prescriptions for Tagamet 400 mg (125 u.d.) with five refills. Two prescriptions for Tolectin DS (100 u.d.) with five refills. Two prescriptions for Voltaren 75 mg (120 u.d.) with five refills. One prescription for Voltaren 75 mg (100 u.d.) with five refills. One prescription for Suprax 400 mg (15 u.d.) with no refills. Two prescriptions for Dilatrate SR (100 u.d.) with five refills. Two prescriptions for Ceclor 500 mg (28 u.d.) with no refills. Two prescriptions for Carnitor (90 u.d.) with five refills. One prescriptions for Carnitor (90 u.d.) with six refills. One prescription for Cipro 500 mg (20 u.d.) with no refills. One prescription for Naprosyn 500 mg (60 u.d.) with five refills. One prescription for Psorcon (60 u.d.) with four refills. One prescription for Seldane 60 mg (60 u.d.) with six refills. One prescription for Seldane 60 mg (60 u.d.) with five refills. One prescription for Lasix 40 mg (60 u.d.) with five refills. One prescription for Hismanal 10 mg (34 u.d.) with six refills. One prescription for K-Tab 10 meq (60 u.d.) with five refills. One prescription for Cleocin-T (60 u.d.) with five refills. One prescription for Asendin 100 mg (60 u.d.) with five refills. One prescription for Vibratab 100 mg (30 u.d.) with three refills. One prescription for Mucomyst 30 ml vial with five refills.
		Such conduct is in violation of Section 4729.61(C) of the Ohio Revised Code.
		(k) Mark Steven Lang as the Responsible Pharmacist did, on or about the following dates, intentionally make and/or knowingly possess false or forged prescriptions, to wit: Mark Steven Lang possessed in the files of Westwood Pharmacy the following pre-printed prescriptions which were possessed and filled in violation of Section 1306.05 of the Code of Federal Regulations:

Rx No.

Drug

Schedule

Qty

Dispensing Date

468653

468738

468735

471494

471495

474619

479144

494405

494404

None

498???

504869

Nembutal 100mg

Tylox

Nembutal 100mg

Mepergan Fortis

Demerol 50mg

Tylox

Mepergan Fortis

Nembutal 100mg

Tylox

Demerol 50mg

02/13/88

02/17/88

05/06/88

07/12/88

09/28/88

07/24/89

09/11/89

10/20/89

04/03/90

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

(l) Mark Steven Lang as the Responsible Pharmacist did, on or about the following dates knowingly sell a controlled substance in an amount exceeding three times the bulk amount, but in an amount less than one hundred times that amount, when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Mark Steven Lang or persons under his control sold the following drugs pursuant to prescriptions written for a schedule II controlled substance for weight control when such had been prohibited and was not for legitimate medical purpose:

Rx No.

Drug

Qty

Dispensing Date

460353

460867

461305

462403

462771

463850

464367

464966

465512

466534

467058

467946

Preludin 75 mg

06/15/87

06/30/87

07/14/87

08/18/87

08/31/87

10/02/87

10/16/87

11/02/87

11/17/87

12/17/87

12/31/87

01/26/88

Such conduct is in violation of Section 2925.03(A)(7) of the Ohio Revised Code.

(m) Mark Steven Lang as the Responsible Pharmacist did, on or about the following dates, intentionally make and/or knowingly possess false or forged prescriptions, to wit: Mark Steven Lang created and possessed in the files of Westwood Pharmacy the following telephone prescriptions which were dispensed in violation of Sections 3719.05 of the Ohio Revised Code and 1306.11 of the Code of Federal Regulations, dispensed in quantities greater than that necessary to adequately treat the patient during an emergency period, and dispensed without having the phrase “Authorization for Emergency Dispensing” indicated thereon:

Rx No.

Drug

Schedule

Qty

Dispensing Date

474046

480977

481874

482283

483018

483912

484134

485176

485487

486040

486869

487665

488271

488503

48??74

493534

495915

497755

505783

511978

Dilaudid 4mg

Percocet

Oxycodone/APAP 325

Demerol 50mg

Percocet

Dilaudid 4 mg

Ritalin 10 mg

Percocet

100

06/29/88

10/28/88

11/14/88

11/21/88

12/02/88

12/17/88

12/20/88

01/09/89

01/13/89

01/23/89

02/07/90

02/23/89

03/08/90

03/13/89

03/25/89

07/03/89

08/30/89

10/06/89

05/01/90

02/26/91

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

The Board concluded that Mark Steven Lang was guilty of a felony; guilty of dishonesty and unprofessional conduct in the practice of pharmacy; and guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Sections 3715.52 to 3715.72 or Chapter 2925., 3719., or 4729. of the Revised Code. For these reasons, Mark Steven Lang’s license, No. 03-2-16472, was revoked.

CONCLUSIONS OF LAW

(1) The State Board of Pharmacy concludes that paragraph (3) of the Findings of Fact constitutes having been convicted of a felony as provided in paragraph (A) of Rule 4729-5-04 of the Ohio Administrative Code.

(2) The State Board of Pharmacy concludes that paragraph (3) of the Findings of Fact constitutes having been convicted of violating any state or federal pharmacy or drug law as provided in paragraph (B) of Rule 4729-5-04 of the Ohio Administrative Code.

(3) The State Board of Pharmacy concludes that paragraph (3) of the Findings of Fact constitutes not being of good moral character and habits as provided in paragraph (C) of Rule 4729-5-04 of the Ohio Administrative Code.

(4) The State Board of Pharmacy concludes that paragraph (3) of the Findings of Fact constitutes having been disciplined by the Ohio Board of Pharmacy pursuant to Section 4729.16 of the Revised Code as provided in paragraph (E) of Rule 4729-5-04 of the Ohio Administrative Code.

DECISION OF THE BOARD

Pursuant to Section 4729.08 of the Ohio Revised Code and Rule 4729-5-04 of the Ohio Administrative Code, and after consideration of the record as a whole, the State Board of Pharmacy hereby denies the issuance of a certificate of registration or an identification card and, therefore, denies the Application for Examination as a Pharmacist submitted by Mark Steven Lang on or about May 6, 2003. Further, Mark Steven Lang may not submit an Application for Examination as a Pharmacist prior to ten years from the effective date of this Order.

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

MOTION CARRIED.

SO ORDERED.

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

5:02 p.m.

The Board meeting recessed until Tuesday, November 4, 2003.

TUESDAY, november 4, 2003

8:28 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:

R-2004-079

The Board considered a request from Sentillion for approval of their program which facilitates electronic prescribing by using a variety of access methods. After discussion, Ms. Eastman moved that the Board not take action on this request due to the fact that the Sentillion process does not appear to be one requiring approval. This motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

8:42 a.m.

11:40 a.m.

The hearing ended and the record was closed.

11:42 a.m.

The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of creating a record in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of John J. Sholtis, R.Ph., Steubenville.

12:04 p.m.

The record was closed. 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-2004-080

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.

VINCENT BERNARD CHRIST

JEFFREY JOHN COVELLI

JEFFREY JOSEPH ELLIS

JIMMY ROSS KUYKENDALL

BRIAN EDWARD LANCE

MEGAN RAE SHAFFER

TANYA J. STEPHENS

03-1-19109

03-1-26009

03-1-26005

03-1-26004

03-1-25991

03-1-26007

03-1-25976

NEW YORK

PENNSYLVANIA

MINNESOTA

IDAHO

MICHIGAN

ILLINOIS

TEXAS

1:45 p.m.

The Board reconvened in Room East-B with all members present. The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of creating a record in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of Steven Ray Liles, R.Ph., Cold Spring, Kentucky.

2:00 p.m.

The record was closed.

2:07 p.m.

2:54 p.m.

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

3:01 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. The motion was seconded by Mr. Braylock 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.

3:20 p.m.

R-2004-081

The Executive Session ended and the meeting was opened to the public. Mrs. Gregg moved that the Board adopt the following Order in the matter of Karen S. Frederick, R.Ph.:

		ORDER OF THE STATE BOARD OF PHARMACY (Docket No. D-030507-074) In The Matter Of: KAREN S. FREDERICK, R.Ph. 610 Barker Road Fremont, Ohio 43420 (R.Ph. No. 03-1-17313)
		INTRODUCTION THE MATTER OF KAREN S. FREDERICK CAME FOR HEARING ON TUESDAY, NOVEMBER 4, 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. KAREN S. FREDERICK WAS REPRESENTED BY DONALD J. RAFFERTY, 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. Karen S. Frederick, R.Ph., Respondent 2. Lisa Ramirez, R.Ph.
		State's Exhibits 1. Reinstatement Hearing Request letter from Donald J. Rafferty [05-06-03] 1A-1B. Procedurals 2. Copy of State Board of Pharmacy Order in re Karen S. Frederick, R.Ph. [11-12-02] 3. Judgment Entry, State of Ohio vs. Karen Frederick, Case No. 02CR-1988, Franklin County Common Pleas Court [04-19-02] 4. Indictment [02-11-02]; Motion/Memorandum for Intervention In Lieu of Conviction [05-13-02]; and Judgment Entry [05-17-02] in State of Ohio vs. Karen S. Frederick, Case No. 02CR0021, Crawford County Common Pleas Court
		Respondent's Exhibits A. Copy of PRO Pharmacist’s Recovery Contract for Karen Frederick [11-18-02]; Copy of PRO Pharmacist’s Recovery Contract for Karen Frederick [11-19-01] B. Copy of PRO, Inc. Client Quarterly Reports and Client Monitoring Sheets for Karen Frederick [04-01-02 to 09-30-03]; Copy of Quarterly Progress Notes for Karen Frederick [03-29-02] C. Copy of The Toledo Hospital Alcohol and Drug Treatment Center Patient Discharge Recommendations/Plan/Agreement for Karen Frederick [12-20-01] D. Copy of Progress Evaluations for Karen Frederick [04-22-02 and 07-25-02] E. Copy of Support Group Attendance Records [11-19-01 to 11-03-03] F. Copy of Drug Screen Reports [01-30-02 to 10-15-03] G. Copy of Restitution Documentation [04-25-02] H. Copy of Judgment Entry, State of Ohio vs Karen S. Frederick, Case No. 02-CR-0021, Crawford County Common Pleas Court [05-15-03] I. Copy of Early Termination of Probation, State of Ohio vs. Karen Frederick, Case No. 02CR-1988, Franklin County Common Pleas Court [02-03-03]; Copy of Franklin County Adult Probation Account Record for Karen Frederick [07-23-02] J. Copy of Receipt Letter to Karen S. Frederick for Payment In Full of Board-Imposed Monetary Penalty [07-09-03] K. Copy of Continuing Pharmacy Education Credits and Certificates [03-06-02 to 09-26-03] L. Copy of Letters of Support [10-01-03 to 10-06-03]
		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 Karen S. Frederick has complied with the terms set forth in the Order of the State Board of Pharmacy, Docket No. D-020110-032, effective November 12, 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. 03-1-17313, held by Karen S. Frederick, to practice pharmacy in Ohio and places Karen S. Frederick on probation for five years beginning on the effective date of this Order, with the following conditions:
		(A) Karen S. Frederick 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 her 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) Adderall, Xanax, and hydrocodone must be added to the standard urine drug screen. (c) Results of all drug screens must be negative. Any positive result, including those that may have resulted from ingestion of food but excluding false positives that resulted from medication legitimately prescribed, indicates a violation of the contract.
		(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) Karen S. Frederick 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 Karen S. Frederick's progress towards recovery and what Karen S. Frederick 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 Karen S. Frederick'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) Karen S. Frederick may not serve as a responsible pharmacist. (3) Karen S. Frederick may not destroy, assist in, or witness the destruction of controlled substances. (4) Karen S. Frederick must abide by the contract with her treatment provider and must immediately report any violation of the contract to the Board. (5) Karen S. Frederick must not violate the drug laws of Ohio, any other state, or the federal government. (6) Karen S. Frederick must abide by the rules of the State Board of Pharmacy. (7) Karen S. Frederick 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. (E) If Karen S. Frederick's pharmacist identification card to practice pharmacy in Ohio is not issued within three years of the effective date of this Order, Karen S. Frederick must also take and pass the North American Pharmacist Licensure Examination (NAPLEX) or an equivalent examination accepted by the Board.
		Karen S. Frederick is hereby advised that the Board may at any time revoke probation for cause, modify the conditions of probation, and reduce or extend the period of probation. At any time during this period of probation, the Board may revoke probation for a violation occurring during the probation period. THIS ORDER WAS APPROVED BY A VOTE OF THE STATE BOARD OF PHARMACY. MOTION CARRIED. SO ORDERED.

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

R-2004-082

Mr. Turner then moved that the Board adopt the following Order in the matter of Stephen Liles, R.Ph.:

		ORDER OF THE STATE BOARD OF PHARMACY (Docket No. D-030910-007) In The Matter Of: STEVEN RAY LILES, R.Ph. 908 Monterey Lane Cold Spring, Kentucky 41076 (R.Ph. No. 03-1-14987)
		INTRODUCTION THE MATTER OF STEVEN RAY LILES CAME FOR CONSIDERATION ON NOVEMBER 4, 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. STEVEN RAY LILES WAS NOT PRESENT NOR WAS HE REPRESENTED BY COUNSEL AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.
		SUMMARY OF EVIDENCE State’s Witnesses 1. Jesse Wimberly, Ohio State Board of Pharmacy Respondent's Witnesses None
		State's Exhibits 1. Copy of Notice of Opportunity For Hearing letter [09-10-03] 1A-1B. Procedurals 2. Uniform Citation, Ft. Thomas (Kentucky) Police in re Steven R. Liles [07-06-02] 3. Copy of DUI Guilty Plea, Judgment Entry, Pay Schedule, and Drug Education Program Directive letter [08-05-02] Commonwealth of Kentucky vs. Steven Liles, Case No. 02M2158, Campbell District Court, 17th Judicial District, Second Division. Respondent's Exhibits None
		FINDINGS OF FACT After having heard the testimony, observed the demeanor of the witness, considered the evidence, and weighed the credibility of each, the State Board of Pharmacy finds the following to be fact:
		(1) On September 10, 2003, Steven Ray Liles was notified by letter of his right to a hearing, his rights in such hearing, and his right to submit his contentions in writing. (2) As demonstrated by return receipt dated September 15, 2003, Steven Ray Liles received the letter of September 10, 2003, informing him of the allegations against him, and his rights. (3) Steven Ray Liles, by letter of October 8, 2003, submitted his contentions in writing, and has not requested a hearing in this matter. (4) Records of the Board of Pharmacy indicate that Steven Ray Liles was originally licensed by the State of Ohio as a pharmacist on March 2, 1983, pursuant to examination, and that his license to practice pharmacy in Ohio is currently active. (5) Steven Ray Liles was arrested on or about July 6, 2002, for the offenses of 1) Driving While Under the Influence of Alcohol in violation of KRS 189A.010; 2) Assault 4 (Domestic Violence) in violation of KRS 508030; and, 3) Possession of Marijuana in violation of KRS 218A1422. Commonwealth of Kentucky vs Steven Ray Liles, Case No. 02-M-02158, Campbell District Court. On August 5, 2002, Steven Ray Liles entered guilty pleas to the charges of DUI and Possession of Marijuana. Such conduct, if having occurred in Ohio, violates Sections 2925.11 and 4511.19 of the Ohio Revised Code. (6) Steven Ray Liles did, on or about unknown dates over the past several years, knowingly possess and use a controlled substance when the conduct is not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Steven Ray Liles has admitted to a Board of Pharmacy agent that he used marijuana, a Schedule I controlled substance, recreationally with friends. Such conduct violates Section 2925.11 of the Ohio Revised Code.
		CONCLUSIONS OF LAW (1) The State Board of Pharmacy concludes that paragraphs (5) and (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 paragraphs (5) and (6) of the Findings of Fact constitute being guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapter 2925. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.
		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 adjudicates the matter of Steven Ray Liles as follows:
		(A) On the basis of the Findings of Fact and Conclusions of Law set forth above, the State Board of Pharmacy hereby suspends indefinitely the pharmacist identification card, No. 03-1-14987, held by Steven Ray Liles and such suspension is effective as of the date of the mailing of this Order.
		(1) Steven Ray Liles, pursuant to Rule 4729-9-01(F) of the Ohio Administrative Code, may not be employed by or work in a facility licensed by the State Board of Pharmacy to possess or distribute dangerous drugs during such period of suspension. (2) Steven Ray Liles, pursuant to Section 4729.16(B) of the Ohio Revised Code, must return his identification card and license (wall certificate) to the office of the State Board of Pharmacy within ten days after receipt of this Order unless the Board office is already in possession of both. The identification card and wall certificate should be sent by certified mail, return receipt requested.
		(B) Further, the Board will consider any petition filed by Steven Ray Liles for a hearing, pursuant to Ohio Revised Code Chapter 119., for reinstatement. The Board will only consider reinstatement of the license to practice pharmacy in Ohio if the following conditions have been met:
		(1) Steven Ray Liles must personally appear at the hearing before the Ohio Board of Pharmacy. (2) If reinstatement is not accomplished within three years of the effective date of this Order, Steven Ray Liles must also take and pass the North American Pharmacist Licensure Examination (NAPLEX) or an equivalent examination approved by the Board.
		THIS ORDER WAS APPROVED BY A VOTE OF THE STATE BOARD OF PHARMACY. MOTION CARRIED. SO ORDERED.

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

R-2004-083

Mr. Braylock moved that the Board adopt the following Order in the matter of John J. Sholtis, R.Ph.:

		ORDER OF THE STATE BOARD OF PHARMACY (Docket No. D-030909-005) In The Matter Of: JOHN J. SHOLTIS, R.Ph. 471 Lauretta Drive Steubenville, Ohio 43952 (R.Ph. No. 03-1-17295)
		INTRODUCTION THE MATTER OF JOHN J. SHOLTIS CAME FOR CONSIDERATION ON NOVEMBER 4, 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. JOHN J. SHOLTIS WAS NOT PRESENT NOR WAS HE REPRESENTED BY COUNSEL AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.
		SUMMARY OF EVIDENCE State’s Witnesses 1. George Pavlich, Ohio State Board of Pharmacy Respondent's Witnesses None
		State's Exhibits 1. Copy of Summary Suspension Order/Notice of Opportunity For Hearing letter [09-09-03] 1A. Procedural 2. Indictment, State of Ohio vs. John Sholtis, Case No. 03-CR-211, Jefferson County Common Pleas Court [10-01-03] 3. Notarized Statement of John J. Sholtis [09-02-03] 4. Copy of Drug Audit report by G. Pavlich [04-03-02 to 09-03-03]; Twenty-one Drug Accountability Statements for The Medicine Shoppe [04-03-03 to 09-03-03] 5. Audit Report of Drug Shortages and Quantity Admittedly Stolen by John Sholtis [not dated] 6. DEA Report of Theft or Loss of Controlled Substances for The Medicine Shoppe [09-10-03] 7. Notarized Statement of John J. Sholtis [09-10-03] 8. Mingo Junction Police Department Complaint and Incident Reports, Complaint ID/Incident No. 2003-3876 [09-01-03] 9. Notarized Statement of Edward Zatta [09-03-03] 10. Law Enforcement Task Force Consent to Search form for John J. Sholtis and attached Inventory of Items Removed Report [09-02-03] Respondent's Exhibits None
		FINDINGS OF FACT After having heard the testimony, observed the demeanor of the witness, considered the evidence, and weighed the credibility of each, the State Board of Pharmacy finds the following to be fact:
		(1) On September 9, 2003, John J. Sholtis was notified by letter of his right to a hearing, his rights in such hearing, and his right to submit his contentions in writing. (2) As demonstrated by return receipt dated September 10, 2003, John J. Sholtis received the letter of September 9, 2003, informing him of the allegations against him, and his rights. (3) John J. Sholtis has not responded in any manner to the letter of September 9, 2003, and has not requested a hearing in this matter. (4) Records of the Board of Pharmacy indicate that John J. Sholtis was originally licensed by the State of Ohio as a pharmacist on July 29, 1988, pursuant to examination, and that his license to practice pharmacy in Ohio was summarily suspended effective September 9, 2003. (5) John J. Sholtis did, from October 1, 2002, through September 3, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of The Medicine Shoppe in Mingo Junction, Ohio, by deception, to wit: John J. Sholtis stole the following controlled substances:

Drug

Quantity

Roxicet 5/325 mg

Percocet 5/325 mg

Percocet 10/325 mg

Percocet 7.5/500 mg

Endocet 7.5/500 mg

oxycodone hydrochloride 5 mg IR

OxyContin 10 mg

OxyContin 20 mg

OxyContin 40 mg

OxyContin 80 mg

OxyContin 160 mg

Ativan 1 mg

lorazepam 1 mg

lorazepam 2 mg

hydrocodone bitartrate/apap 10/650

Vicodin 5/500 mg

hydrocodone bitartrate/apap 5/500

3084

124

150

573

116

265

171

425

270

233

3599

3020

Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(6) John J. Sholtis did, on or about September 1, 2003, and on various other dates, by stealth or deception, trespass in an unoccupied structure, with purpose to commit a theft offense, to wit: using a key to the pharmacy, John J. Sholtis admittedly sneaked into The Medicine Shoppe in Mingo Junction, Ohio, after hours so as to steal drugs. Such conduct is in violation of Section 2911.13 of the Ohio Revised Code.

(7) John J. Sholtis did, on or about September 2, 2003, possess dangerous drugs when the conduct was not in accordance with Chapter 4729. of the Ohio Revised Code, to wit: without a prescription and outside the confines of a pharmacy, John J. Sholtis possessed the following dangerous drugs at his home:

Drug

Quantity

tramadol

potassium

117

Such conduct is in violation of Section 4729.51(C)(3) of the Ohio Revised Code.

(8) John J. Sholtis did, on or about September 2, 2003, knowingly possess a controlled substance when the conduct was not in accordance with Chapters 3719. and 4729. of the Ohio Revised Code, to wit: without a prescription and outside the confines of a pharmacy, John J. Sholtis possessed the following controlled substances at his home:

Drug

Quantity

generic Lorcet 10/650mg

generic Ativan

311

Such conduct is in violation of Section 2925.11 of the Ohio Revised Code.

(9) John J. Sholtis is abusing drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy within the meaning of Section 4729.16(A)(3) of the Ohio Revised Code, to wit: John J. Sholtis has admittedly stolen dangerous drugs and controlled substances from his employer pharmacy for his personal abuse, and John J. Sholtis has indicated to a Board of Pharmacy agent that he has physical problems that have contributed to the cause of his thefts.

CONCLUSIONS OF LAW

(1) The State Board of Pharmacy concludes that paragraphs (5) through (8) of the Findings of Fact constitute being guilty of a felony and gross immorality as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code.

(2) The State Board of Pharmacy concludes that paragraphs (5) through (8) of the Findings of Fact constitute being guilty of dishonesty and unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code.

(3) The State Board of Pharmacy concludes that paragraph (9) 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 (7) and (8) 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 Chapters 2925. and 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 John J. Sholtis on September 9, 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 adjudicates the matter of John J. Sholtis as follows:
		(A) On the basis of the Findings of Fact and Conclusions of Law set forth above, the State Board of Pharmacy hereby suspends indefinitely the pharmacist identification card, No. 03-1-17295, held by John J. Sholtis and such suspension is effective as of the date of the mailing of this Order.
		(1) John J. Sholtis, pursuant to Rule 4729-9-01(F) of the Ohio Administrative Code, may not be employed by or work in a facility licensed by the State Board of Pharmacy to possess or distribute dangerous drugs during such period of suspension. (2) John J. Sholtis, pursuant to Section 4729.16(B) of the Ohio Revised Code, must return his identification card and license (wall certificate) to the office of the State Board of Pharmacy within ten days after receipt of this Order unless the Board office is already in possession of both. The identification card and wall certificate should be sent by certified mail, return receipt requested.
		(B) Further, the Board will consider any petition filed by John J. Sholtis for a hearing, pursuant to Ohio Revised Code Chapter 119., for reinstatement. The Board will only consider reinstatement of the license to practice pharmacy in Ohio if the following conditions have been met:
		(1) John J. Sholtis must personally appear at the hearing before the Ohio Board of Pharmacy. (2) If reinstatement is not accomplished within three years of the effective date of this Order, John J. Sholtis must also take and pass the North American Pharmacist Licensure Examination (NAPLEX) 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. Adelman and approved by the Board (Aye-8/Nay-0).

R-2004-084

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

		ORDER OF THE STATE BOARD OF PHARMACY (Docket No. D-030409-064) In The Matter Of: DOUGLAS EDWARD BIRKHIMER, R.Ph. 3774 Adell Road Columbus, Ohio 43228 (R.Ph. No. 03-1-24341)
		INTRODUCTION THE MATTER OF DOUGLAS EDWARD BIRKHIMER CAME FOR HEARING ON NOVEMBER 4, 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. DOUGLAS EDWARD BIRKHIMER WAS REPRESENTED BY DANIEL D. CONNOR AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.
		SUMMARY OF EVIDENCE State’s Witnesses 1. Jesse Wimberly, Ohio State Board of Pharmacy Respondent's Witnesses 1. Douglas Edward Birkhimer, R.Ph., Respondent 2. Amy Birkhimer 3. William Ringle
		State's Exhibits 1. Copy of Summary Suspension Order/Notice of Opportunity For Hearing [04-09-03] 1A-1C. Procedurals 1D. Copy of Amendment/Addendum Notice [10-23-03] 2. 3A-3M. 4. 5. 6. 7.
		Respondent's Exhibits A-1. PRO Pharmacist’s Recovery Contract for Douglas E. Birkhimer [05-05-03] A-2. Copy of eighty-four pages of Medical Records from Parkside Behavioral Healthcare, Inc. for Douglas Birkhimer [04-10-03 through 10-13-03] A-3. Copy of Progress Report from Joseph P. Turcer, CCDC III-E, LSW [10-31-03]; Copy of Progress Report from Kerry Kennedy, MSW, LISW, CCDCIII [10-21-03]; Copy of Progress Report from Joseph Turcer, CCDC III-E, LSW [06-26-03]; Copy of Progress Report from Jennifer Haywood, LISW CCDC III [05-13-03] A-4. Copy of Drug Screen Reports [04-17-03 to 10-17-03] A-5. Copy of Support Group Attendance Records [04-26-03 to 10-26-03] A-6. A-6B.
		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 Board of Pharmacy indicate that Douglas Edward Birkhimer was originally licensed by the State of Ohio as a pharmacist on August 17, 2000, pursuant to examination, and that his license to practice pharmacy in Ohio was summarily suspended effective April 9, 2003. (2) Douglas Edward Birkhimer is addicted to drugs and is impaired physically or mentally to such a degree as to render him unfit to practice pharmacy, to wit: Douglas Edward Birkhimer admitted that he is addicted to drugs and that he was attempting to wean himself off them. Douglas Edward Birkhimer told a Board agent that he began experiencing what he described as “withdrawal symptoms”, including shaking, pain, and nausea. Such conduct indicates that Douglas Edward Birkhimer falls within the ambit of Sections 3719.121(A), 3719.121(B), and 4729.16(A)(3) of the Ohio Revised Code. (3)

(4)

(5)

(6)

(7)

(8)

		CONCLUSIONS OF LAW (1) The State Board of Pharmacy concludes that paragraphs (3) through (8) of the Findings of Fact constitute being guilty gross immorality as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code. (2) The State Board of Pharmacy concludes that paragraphs (3) through (7) of the Findings of Fact constitute being guilty of dishonesty and unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code. (3) The State Board of Pharmacy concludes that paragraph (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 Douglas Edward Birkhimer unfit to practice pharmacy as provided in Division (A)(3) of Section 4729.16 of the Ohio Revised Code. (4) The State Board of Pharmacy concludes that paragraphs (3) through (6) of the Findings of Fact constitute being guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapters 2925. and 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 Douglas Edward Birkhimer on April 9, 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. 03-1-24341, held by Douglas Edward Birkhimer and such suspension is effective as of the date of the mailing of this Order.
		(A) Douglas Edward Birkhimer, 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) Douglas Edward Birkhimer, 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 March 31, 2005, the Board will consider any petition filed by Douglas Edward Birkhimer 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) Douglas Edward Birkhimer 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) Ambien, Norco, and Ultram must be added to the standard urine drug screen. (c) Results of all drug screens must be negative. Refusal of a drug screen or a diluted drug screen is equivalent to a positive result. Any positive result, 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) Douglas Edward Birkhimer 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) Douglas Edward Birkhimer must provide, at the reinstatement petition hearing, documentation of the following:
		(1) (2) 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.); (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.
		(D) If reinstatement is not accomplished within three years of the effective date of this Order, Douglas Edward Birkhimer must also take and pass the North American Pharmacist Licensure Examination (NAPLEX) or an equivalent examination approved by the Board.
		THIS ORDER WAS APPROVED BY A VOTE OF THE STATE BOARD OF PHARMACY. MOTION CARRIED. SO ORDERED.

The motion was seconded by Mr. Kost and approved by the Board (Aye-6/Nay-2).

3:25 p.m.

The Board recessed until Wednesday, November 5, 2003.

WEDNESDAY, NOVEMBER 5, 2003

9:45 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.; Gregory Braylock, 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.
R-2004-085	The Board considered a request from Ritzman Pharmacy #5 (02-0600250) for an exemption to Rule 4729-5-10 (Pick-up station) so that patient-specific prescriptions for insulin could be prepared at Ritzman Pharmacy #5 and delivered to Ritzman Infusion Services Pharmacy (02-1230050) for distribution to the patients with their other infusion supplies and medications. After discussion, Mr. Lipsyc 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. Kost and approved by the Board (Aye-8/Nay-0). Mr. McMillen discussed his Licensing Report with the Board.
R-2004-086	The Board next considered a request from Nies Independence Pharmacy (distributor license application pending) for an exemption to Rule 4729-5-10 (Pick-up station) so that patient-specific prescriptions for hyaluronidase could be prepared at Nies Independence Pharmacy and delivered to seven Cincinnati area hospitals for administration to the patients during their ophthalmic procedures. After discussion, Mrs. Gregg moved that the Board approve the request only for hyaluronidase and only as long as there is total compliance with the requirements of the rule. Board approval of this request would be due to the need for involvement by a health care professional in the patient’s drug therapy [OAC Rule 4729-5-10(B)(5)(b)]. The motion was seconded by Mrs. Adelman and approved by the Board (Aye-8/Nay-0).
R-2004-087	Mr. Benedict then presented a request from Robert Ekiert, R.Ph. asking for a waiver from the requirements of Rule 4729-5-11(A) to allow him to serve as responsible pharmacist for more than one license for a short time period. After discussion, Ms. Eastman moved that the request be approved until December 31, 2003 for the following two businesses: Quality RX (02-0952200) Hometown Pharmacy (02-1375900) The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0). Mr. Braylock gave a report on the October 20, 2003 meeting of the Nursing Board’s Committee on Prescriptive Governance to the Board. There were no items requiring official Board action

10:50 a.m.

12:32 p.m.

The hearing ended and the record was closed.

12:35 p.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 Mr. Braylock 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.

1:15 p.m.

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

R-2004-088

Mr. Braylock moved that the Board adopt the following Order in the matter of Alan Patrick Horvath, R.Ph.:

		ORDER OF THE STATE BOARD OF PHARMACY (Docket No. D-020808-004) In The Matter Of: ALAN PATRICK HORVATH, R.Ph. 2762 Wynnerock Court Hilliard, Ohio 43026 (R.Ph. No. 03-3-21869)
		INTRODUCTION THE MATTER OF ALAN PATRICK HORVATH CAME FOR HEARING ON NOVEMBER 5, 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. ALAN PATRICK HORVATH WAS REPRESENTED BY R. WILLIAM MEEKS AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.
		SUMMARY OF EVIDENCE State’s Witnesses 1. Christopher Reed, Ohio State Board of Pharmacy Respondent's Witnesses 1. Nick Kallis, R.Ph. 2. Alan Patrick Horvath, R.Ph., Respondent
		State's Exhibits 1. Copy of Summary Suspension Order/Notice of Opportunity For Hearing letter [08-08-02] 1A-1F. Procedurals 1G. Copy of Addendum Notice letter [10-06-03] 1H. Procedural 2. Rx #2216610 [03-07-02] 3. Notarized Statement of Alan P. Horvath [07-01-02] 4. Notarized Statement of Alan P. Horvath [07-31-02] 5. Notarized Statement of Alan P. Horvath [08-01-02] 6. Rx #2217705 [06-22-02] 7. Rx #2217705 Vial containing 180 OxyContin 40 mg tablets [06-22-02] 8. Notarized Statement of Charles W. Sindeldecker [08-06-02] 9. Indictment, State of Ohio vs. Alan P. Horvath, Case No. 03CR 02-1171, Franklin County Common Pleas Court [02-25-03] 10. Entry of Guilty Plea [06-24-03] 11. Judgment Entry [06-24-03]
		Respondent's Exhibits A. PRO Pharmacist’s Recovery Contract for Alan Horvath [10-15-02] B. Copy of Support Group Attendance Records [08-11-02 to 10-12-03]; Copy of Calendar pages with Support Group Meeting Notes [August 2002 to October 2003] C. Copy of Urine Drug Screen Reports and Custody & Control Forms [10-29-02 to 10-15-03] D. Copy of Restitution Check No. 121905837 to Kroger [08-12-02] E. Copy of Continuing Pharmacy Education Credits and Certificates [02-17-03 to 10-27-03] F. Fourteen Letters of Support [02-25-03 to 10-27-03]; OSU College of Pharmacy Nomination Letter for "Preceptor-of-the-Year Award" for 2001 [05-31-01]
		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 Board of Pharmacy indicate that Alan Patrick Horvath was originally licensed by the State of Ohio as a pharmacist on July 30, 1996, pursuant to examination, and that his license to practice pharmacy in Ohio was summarily suspended effective August 8, 2002. (2) Alan Patrick Horvath did, on or about February 15, 2002, and by conduct continuing on March 7, 2002, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Medco Health, its patient, and/or Kroger, by deception, to wit: Alan Patrick Horvath stole a prescription written for 180 tablets of OxyContin 10 mg, a Schedule II controlled substance, from Medco, and subsequently obtained 100 tablets of the drug by further deception from Kroger for his personal abuse. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code. (3) Alan Patrick Horvath did, on or about March 7, 2002, intentionally create and/or knowingly possess a false or forged prescription for OxyContin 10 mg, a Schedule II controlled substance, to wit: Alan Patrick Horvath possessed and filed at Kroger Pharmacy a prescription for another, but indicated on the prescription that he had dispensed the medication to the patient when in fact he had not done so. Instead, Alan Patrick Horvath stole the medication. Such conduct is in violation of Section 2925.23 of the Ohio Revised Code. (4) Alan Patrick Horvath did, on or about March 7, 2002, knowingly obtain, possess, and/or use a controlled substance when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Alan Patrick Horvath fraudulently obtained and possessed OxyContin 10 mg, a Schedule II controlled substance, that had been prescribed for another, and Alan Patrick Horvath consumed the medication. Alan Patrick Horvath admitted to Board agents that he used the drugs to satisfy his curiosity and to self-medicate for tension headaches. Such conduct is in violation of Section 2925.11 of the Ohio Revised Code. (5) Alan Patrick Horvath did, on or about June 21, 2002, and by conduct continuing on June 22, 2002, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Medco Health, its patient, and/or Kroger, by deception, to wit: Alan Patrick Horvath stole a prescription written for 180 tablets of OxyContin 80 mg, a Schedule II controlled substance, from Medco, and subsequently obtained 180 OxyContin 40 mg tablets by further deception from Kroger for his personal abuse. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code. (6) Alan Patrick Horvath did, on or about June 22, 2002, intentionally create and/or knowingly possess a false or forged prescription for OxyContin 80 mg, Schedule II controlled substance, to wit: Alan Patrick Horvath possessed and filed at Kroger Pharmacy a prescription for another, but indicated on the prescription that he had dispensed the medication to the patient when in fact he had not done so. Further, Alan Patrick Horvath altered the name of the intended patient and altered the strength of the drug, then subsequently stole the medication. Such conduct is in violation of Section 2925.23 of the Ohio Revised Code. (7) Alan Patrick Horvath did, on or about June 22, 2002, knowingly obtain, possess, and/or use a controlled substance when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Alan Patrick Horvath fraudulently obtained and possessed 180 OxyContin 40 mg tablets, a Schedule II controlled substance, that had been prescribed for another. Such conduct is in violation of Section 2925.11 of the Ohio Revised Code. (8) On June 23, 2003, Alan Patrick Horvath pled guilty to two (2) counts of Theft of Drugs, felonies of the fourth degree under Section 2913.02 of the Ohio Revised Code, and to two (2) counts of Illegal Processing of Drug Documents, felonies of the fourth degree under Section 2925.23 of the Ohio Revised Code. State of Ohio vs. Alan P. Horvath, Case No. 03CR02-1171, Franklin County Common Pleas Court.
		CONCLUSIONS OF LAW (1) The State Board of Pharmacy concludes that paragraphs (2) through (8) of the Findings of Fact constitute being guilty of a felony and gross immorality as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code. (2) The State Board of Pharmacy concludes that paragraphs (2) through (7) of the Findings of Fact constitute being guilty of dishonesty and unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code. (3) The State Board of Pharmacy concludes that paragraphs (2), (4) and (5) of the Findings of Fact constitute abusing drugs or impaired physically or mentally to such a degree as to render Alan Patrick Horvath unfit to practice pharmacy as provided in Division (A)(3) of Section 4729.16 of the Ohio Revised Code. (4) The State Board of Pharmacy concludes that paragraphs (3), (4), (6), and (7) of the Findings of Fact constitute being guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapters 2925., 3719., 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 Alan Patrick Horvath on August 8, 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. 03-3-21869, held by Alan Patrick Horvath and such suspension is effective as of the date of the mailing of this Order.
		(A) Alan Patrick Horvath, 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) Alan Patrick Horvath, 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 Alan Patrick Horvath 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) Alan Patrick Horvath must enter into a contract, signed within thirty days after the effective date of this Order, with an Ohio Department of Alcohol and Drug Addiction Services (ODADAS) treatment provider or a treatment provider acceptable to the Board for a period of not less than five years and, upon signing, mail a copy of the contract to the Board office. The contract must provide that:
		(1) Random, observed urine drug screens shall be conducted at least once each month.
		(a) The urine sample must be given within twelve hours of notification. The urine drug screen must include testing for creatinine or specific gravity of the sample as the dilutional standard. (b) Results of all drug screens must be negative. Refusal of a drug screen or a diluted drug screen is equivalent to a positive result. Any positive result, 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) Alan Patrick Horvath must demonstrate satisfactory proof to the Board that he is no longer abusing drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy. (C) Alan Patrick Horvath 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, Alan Patrick Horvath must also take and pass the North American Pharmacist Licensure Examination (NAPLEX) 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).

R-2004-089

Mr. Braylock then moved that the Board summarily suspend the license to practice pharmacy belonging to Scott Beach, R.Ph. (03-1-22728) due to the fact that a continuation of his professional practice presents a danger of immediate and serious harm to others. The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).

1:22 p.m.

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

PER DIEM	10/20	11/3	11/4	11/5	Total
Adelman	-	1	1	1	3
Braylock	1	1	1	1	4
Eastman	-	1	1	1	3
Giacalone	-	1	1	1	3
Gregg	-	1	1	1	3
Kost	-	1	1	1	3
Lipsyc	-	1	1	1	3
Teater	-	1	1	1	3
Turner	-	1	1	1	3

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

1:23 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

DECEMBER 8, 2003