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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. |
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STATE BOARD OF PHARMACY; Tel:
614/466-4143
Fax: 614/752-4836 Email: |
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Minutes
Of The Meeting November
3, 4, 5, 2003 |
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MONDAY, NOVember 3, 2003 |
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10:00 a.m. |
ROLL CALL |
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The State Board of Pharmacy convened
in Room East-B, 31st Floor, 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: |
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R-2004-071 |
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SETTLEMENT AGREEMENT WITH
THE STATE BOARD OF PHARMACY (Docket No. D-030910-011) In The Matter Of: CRAIG JAMES BAKER, R.Ph. (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 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 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: |
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(1) |
Records of the Board of Pharmacy
indicate that Craig James Baker was originally licensed in the State of |
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(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. |
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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 Craig James Baker waives any and all claims or
causes of action he may have against the State of 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. |
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/s/ Craig J. Baker |
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/d/ 10–24–03 |
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Craig James Baker, Respondent |
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Date of Signature |
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/s/ Mary Barley-McBride |
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/d/ 10/27/03 |
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Mary Barley-McBride, Attorney for Respondent |
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Date of Signature |
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/s/ Robert P. Giacalone |
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/d/ 11/3/03 |
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Robert P. Giacalone,
President, |
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Date of Signature |
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/s/ Sally Ann Steuk |
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/d/ 11/3/03 |
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Sally Ann Steuk, Ohio Assistant Attorney
General |
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Date of Signature |
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R-2004-072 |
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SETTLEMENT AGREEMENT WITH
THE STATE BOARD OF PHARMACY (Docket No. D-030109-051) In The Matter Of: ANDREW DUANE GODDARD, R.Ph. Canal (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 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 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 |
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(1) |
Records of the Board of
Pharmacy indicate that Andrew Duane Goddard was originally licensed in the
State of |
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(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. |
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(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. |
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(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. |
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(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 |
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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: |
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(1) |
The State Board of pharmacy hereby declares that Andrew Duane Goddard’s pharmacist identification card is not in good standing. |
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(2) |
Andrew Duane Goddard must
not violate the drug laws of the State of |
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(3) |
Andrew Duane Goddard must abide by the rules of the Ohio State Board of Pharmacy. |
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(4) |
Andrew Duane Goddard must comply with the terms of this Agreement. |
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(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 Andrew Duane Goddard waives any and all claims or
causes of action he may have against the State of 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. 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. |
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/s/ Andrew D. Goddard |
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/d/ 10/28/03 |
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Andrew Duane Goddard, Respondent |
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Date of Signature |
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/s/ Mark A. Whitaker |
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/d/ 10/29/03 |
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Mark A. Whitaker, Attorney for Respondent |
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Date of Signature |
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/s/ Robert P. Giacalone |
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/d/ 11/3/03 |
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Robert P. Giacalone,
President, |
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Date of Signature |
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/s/ Sally Ann Steuk |
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/d/ 11/03/03 |
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Sally Ann Steuk, Ohio Assistant Attorney
General |
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Date of Signature |
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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.
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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.
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Member Gregory Braylock arrived and joined the meeting in progress. |
11:15 a.m.
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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). |
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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.
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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.
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The Board recessed for lunch. |
1:30 p.m.
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The Board reconvened in Room 1960, 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.
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The public hearing ended and the record was closed. |
1:58 p.m.
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The Board reconvened in Room East-B with all members present. |
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R-2004-075 |
Mr. Keeley presented a request from Mr. Keeley then discussed his Legislative Report with the Board. |
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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). |
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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) The motion was seconded by Mr. Turner and approved by the Board (Aye-8/Nay-0). |
2:53 p.m.
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The Board took a brief recess. |
3:03 p.m.
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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, |
4:42 p.m.
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The hearing ended and the record was closed. |
4:47 p.m.
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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.
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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: |
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ORDER OF THE STATE BOARD OF PHARMACY (Docket No. D-030606-078) In The Matter Of: MARK STEVEN LANG (D.O.B. 02/09/61) |
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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 |
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SUMMARY OF EVIDENCE State’s
Witnesses 1. Respondent's
Witnesses 1. Mark Steven Lang, Respondent |
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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, 5. Plea Agreement [10-07-94] 6. Judgment Including Sentence Under the
Sentencing Reform Act [01-27-95] |
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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] |
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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: |
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(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 (3) On December 8, 1995, Mark Steven Lang’s
license to practice pharmacy in |
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(a) Records of the Board of Pharmacy indicate
that Mark Steven Lang was originally licensed in the State of (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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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: |
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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 Tylox Nembutal
100mg Mepergan Fortis Demerol 50mg Tylox Mepergan Fortis Nembutal
100mg Tylox Tylox Demerol
50mg |
II II II II II II II II II II II II |
1 15 20 1 1 18 15 1 1 20 20 18 |
02/13/88 02/17/88 02/17/88 05/06/88 05/06/88 07/12/88 09/28/88 07/24/89 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 Preludin 75 mg Preludin 75 mg Preludin 75 mg Preludin 75 mg Preludin 75 mg Preludin 75 mg Preludin 75 mg Preludin 75 mg Preludin 75 mg Preludin 75 mg Preludin 75 mg |
|
14 14 14 14 14 14 14 14 14 14 14 14 |
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 Percocet Percocet Percocet Percocet Oxycodone/APAP 325 Oxycodone/APAP 325 Oxycodone/APAP 325 Oxycodone/APAP 325 Oxycodone/APAP 325 Oxycodone/APAP 325 Oxycodone/APAP 325 Demerol
50mg Percocet Percocet Dilaudid 4 mg Ritalin
10 mg Percocet Percocet |
II II II II II II II II II II II II II II II II II II II II |
100 60 100 60 100 60 100 100 60 100 100 100 100 50 100 100 50 100 100 100 |
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,
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-2004-079 |
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.
|
|
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 Douglas Edward Birkhimer, R.Ph., Columbus. |
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.,
|
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, |
|
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 |
|
|
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., |
2:00 p.m.
|
|
The record was closed. |
2:07 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 Karen S. Frederick, R.Ph., Fremont. |
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. (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 |
|
|
|
|
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 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 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 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. |
|
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|
|
(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. |
|
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|
(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 (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 |
|
|
|
|
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. (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 |
|
|
|
|
SUMMARY OF EVIDENCE State’s
Witnesses 1. 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, 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 (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 (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 |
|
|
|
|
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. |
|
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|
(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 |
|
|
|
|
(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. |
|
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|
|
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. (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 |
|
|
|
|
SUMMARY OF EVIDENCE State’s
Witnesses 1. 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 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 |
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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: |
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(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 (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 |
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Drug |
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Quantity |
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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 |
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3084 47 124 150 573 116 265 171 425 66 12 9 270 233 3599 8 3020 |
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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 (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: |
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Drug |
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Quantity |
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tramadol potassium |
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70 117 |
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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: |
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Drug |
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Quantity |
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generic Lorcet
10/650mg generic
Ativan |
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11 311 |
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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. |
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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 |
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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: |
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(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. |
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(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. |
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(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 |
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(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. |
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THIS ORDER WAS APPROVED BY A VOTE OF THE STATE
BOARD OF PHARMACY. MOTION CARRIED. SO ORDERED. |
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The motion was seconded by Mrs. Adelman and approved by the Board (Aye-8/Nay-0). |
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R-2004-084 |
Mr. Braylock then moved that the Board adopt the following Order in the matter of Douglas Birkhimer, R.Ph.: |
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ORDER OF THE STATE BOARD OF
PHARMACY (Docket No. D-030409-064) In The Matter Of: DOUGLAS EDWARD BIRKHIMER, R.Ph. (R.Ph. No.
03-1-24341) |
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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 |
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SUMMARY OF EVIDENCE State’s
Witnesses 1. Respondent's
Witnesses 1. Douglas Edward Birkhimer,
R.Ph., Respondent 2. Amy Birkhimer 3. William Ringle |
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State's
Exhibits 1. Copy of Summary Suspension Order/Notice of 1A-1C. Procedurals 1D. Copy of Amendment/Addendum Notice [10-23-03] 2. 3A-3M. Copies of Photographs of Evidence [not dated] 4. Copy of Notarized Statement of Douglas E. Birkhimer
[03-21-03] 5. Drug Audit Spreadsheet [not dated] 6. 7. |
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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 Evaluation Report from
Karen Woods, ACSW, LISW
[06-09-03]; 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. Letters of Support [05-25-03 to 10-16-03] A-6B. Copy of Letters of Support [10-26-03 through 10-27-03] |
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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: |
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(1) Records of the Board of Pharmacy indicate
that Douglas Edward Birkhimer was originally
licensed by the State of (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 to diverting drugs from his employer, Rite Aid Pharmacy, and
purchasing controlled substances from a subject to support his addiction to (3) Douglas Edward Birkhimer did, on or about March 20, 2003, knowingly possess or use a controlled substance when not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: after his arrest, police officers found the following drugs: |
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Drug |
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Strength |
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Schedule |
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Qty |
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oxycodone/acetaminophen Ambien Ambien chlordiazepoxide chlordiazepoxide hydrochloride Darvon-N diazepam diazepam hydrocodone/acetaminophen hydrocodone/acetaminophen hydrocodone/acetaminophen hydromorphone hydrochloride methadone
hydrochloride OxyContin controlled-release OxyContin controlled-release OxyContin controlled-release pentazocine/naloxone Roxicodone Roxicodone temazepam Vicoprofen |
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5/325 10mg 5mg 10mg 25mg 100mg 5mg 10mg 10/500 10/325 5/500 4mg 10mg 10mg 40mg 80mg 50/0.5 30mg 5mg 30mg 7.5/200 |
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II IV IV IV IV IV IV IV III III III II II II II II IV II II IV III |
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12 47 8 70 14 1 106 10.5 10 30 2 1 4 10 4 4 25 1 9 8 5 |
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Such conduct violates Section 2925.11 of the Ohio Revised Code. (4) Douglas Edward Birkhimer did, on or about March 20, 2003, knowingly possess or use a dangerous drug when not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: after his arrest, police officers found the following drugs: |
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Drug |
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Strength |
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Qty |
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carisoprodol famotidine hydroxyzine hydrochloride hydroxyzine hydrochloride hydroxyzine hydrochloride Pepcid phenobarbital/belladonna promethazine hydrochloride Ultram Viagra Zoloft
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350mg 20mg 10mg 50mg 25mg 40mg 16.2/0.1296 25mg 50mg 50mg 25mg |
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53 1 41 10 14 1 2 8 5.5 4 1 |
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Such conduct violates Section 4729.51(C)(3) of the Ohio Revised Code. (5) Douglas Edward Birkhimer did, from December 2001 through December 2002, knowingly possess controlled substances in amounts less than the bulk amount when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: without a prescription and without a legitimate medical purpose, Douglas Edward Birkhimer purchased from a customer of the pharmacy, the following controlled substances: |
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Drug |
Amt. Purchased |
Times Purchased |
Schedule |
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Ambien oxycodone |
20-30 20-30 5-10 |
12 2 1 |
IV III II |
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Such conduct violates Section 2925.11 of the Ohio Revised Code. (6) Douglas Edward Birkhimer did, from December 2001 through December 2002, knowingly possess dangerous drugs in amounts less than the bulk amount when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: without a prescription and without a legitimate medical purpose, Douglas Edward Birkhimer purchased from a customer of the pharmacy, the following dangerous drugs: |
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Drug |
Amt.
Purchased |
Times
Purchased |
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Naprosyn Ultram |
40-60 20-30 |
12 12 |
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Such conduct violates Section 4729.51(C)(3) of the Ohio Revised Code. (7) Douglas Edward Birkhimer did, from January 2003 through March 2003, while employed as a pharmacist at Rite Aid #3086, knowingly obtain or exert control over dangerous drugs, the property of Rite Aid #3086, beyond the express or implied consent of the owner, to wit: Douglas Edward Birkhimer admittedly stole the following drugs: |
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Drug |
Schedule |
Qty |
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diazepam Librium hydroxyzine |
IV IV DD |
60 100 100 |
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Such conduct violates Section 2913.02 of the Ohio Revised Code. (8) |
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CONCLUSIONS OF LAW (1) (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 |
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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. |
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(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. |
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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 |
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(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: |
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(1) Random, observed urine drug screens shall be conducted at least once each month. |
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(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, (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. |
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(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. |
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(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: |
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(1) Payment to Rite Aid of any outstanding restitution, or an approved payment plan. (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. |
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(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. |
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THIS ORDER WAS APPROVED BY A VOTE OF THE STATE BOARD
OF PHARMACY. MOTION CARRIED. SO ORDERED. |
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The motion was seconded by Mr. Kost and approved by the Board (Aye-6/Nay-2). |
3:25 p.m.
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The Board recessed until Wednesday, November 5, 2003. |
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WEDNESDAY, NOVEMBER 5, 2003 |
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9:45 a.m. |
ROLL CALL |
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The State Board of Pharmacy convened in Room East-B, 31st
Floor, 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. |
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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. |
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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). |
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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.
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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 Alan Patrick Horvath, R.Ph., Hilliard. |
12:32 p.m.
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The hearing ended and the record was closed. |
12:35 p.m.
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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.
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The Executive Session ended and the meeting was opened to the public. |
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R-2004-088 |
Mr. Braylock moved that the Board adopt the following Order in the matter of Alan Patrick Horvath, R.Ph.: |
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ORDER OF THE STATE BOARD OF
PHARMACY (Docket No. D-020808-004) In The Matter Of: ALAN PATRICK HORVATH,
R.Ph. (R.Ph. No.
03-3-21869) |
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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 |
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SUMMARY OF
EVIDENCE State’s Witnesses 1. Respondent's Witnesses 1. Nick Kallis, R.Ph. 2. Alan Patrick Horvath, R.Ph.,
Respondent |
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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 10. Entry of Guilty Plea [06-24-03] 11. Judgment Entry [06-24-03] |
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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]; |
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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: |
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(1) Records of the Board of Pharmacy indicate
that Alan Patrick Horvath was originally licensed by the State of (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 |
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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 |
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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. |
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(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. |
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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 |
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(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: |
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(1) Random, observed urine drug screens shall be conducted at least once each month. |
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(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. |
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(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. |
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(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: |
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(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. |
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(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. |
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THIS ORDER WAS APPROVED BY A VOTE OF THE STATE
BOARD OF PHARMACY. MOTION CARRIED. SO ORDERED. |
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The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0). |
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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.
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Mrs. Gregg moved that the Board receive Per Diem as follows: |
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PER DIEM |
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10/20 |
11/3 |
11/4 |
11/5 |
Total |
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Adelman |
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- |
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 |
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The motion was seconded by Mrs. Adelman and approved by the Board (Aye-8/Nay-0). |
1:23 p.m.
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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). |
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THE BOARD APPROVED THESE MINUTES DECEMBER 8, 2003 |