RECORD OF THE PROCEEDINGS -- MARCH 8, 9, 10, 2004

NOTE: The following Minutes are provided for informational purposes only.

If you would like to obtain an official copy of these Minutes, please contact

the State Board of Pharmacy at 614/466-4143 for instructions and fee.

STATE BOARD OF PHARMACY; 77 SOUTH HIGH STREET, ROOM 1702; COLUMBUS, OHIO 43215-6126

Tel: 614/466-4143 Fax: 614/752-4836 Email: exec@bop.state.oh.us

Minutes Of The Meeting

Ohio State Board of Pharmacy

March 8, 9, 10, 2004

MONDAY, MARCH 8, 2004

10:08 a.m. ROLL CALL

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

Robert P. Giacalone, R.Ph. (President); Lawrence J. Kost, R.Ph. (Vice-President); Diane C. Adelman, R.Ph.; Gregory Braylock, 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; 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.

10:11 a.m.

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

11:20 a.m.

R-2004-151 The Executive Session ended and the meeting was opened to the public. Mr. Winsley announced that, pursuant to Section 3719.121(C) of the Revised Code, a Summary Suspension had been issued to Terrell Mundhenk, R.Ph. (03-3-08732) based upon a criminal conviction, and that Mr. Mundhenk has requested a modification of the terms set forth therein. Mr. Turner moved that the Board deny the request for a modification of the terms of the summary suspension in the matter of Terrell Mundhenk, R.Ph. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-7/Nay-0).

R-2004-152 Mr. Turner then moved that the Board propose an amendment to the settlement offer presented in the matter of Stephen Summers, R.Ph. and, if Mr. Summers accepts the amendments made by the Board, that the Board agree to settle the matter prior to a hearing. The motion was seconded by Mr. Braylock and approved by the Board (Aye-7/Nay-0).

R-2004-153 Mr. Turner next moved that the Board propose an amendment to the settlement offer presented in the matter of Elaine Woll, R.Ph. and, if Ms. Woll accepts the amendments made by the Board, that the Board agree to settle the matter prior to a hearing. The motion was seconded by Mr. Braylock and approved by the Board (Aye-6/Nay-1).

R-2004-154 Mr. Kost moved that the Board deny the settlement offer received in the joint matters of Elise Miller, R.Ph., Three Rivers O.P.T.I.O.N. Care, Inc., and Miller Pharmacy. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-7/Nay-0).

11:30 a.m.

The Board recessed for lunch.

1:07 p.m.

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

1:10 p.m.

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

1:14 p.m.

Board member Dorothy Teater arrived.

1:25 p.m.

The record was closed. The Board took a brief recess.

1:35 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 Jennifer L. Linville, R.Ph., Olmsted Township. Mr. Kost recused himself from the hearing and the resulting deliberations.

3:24 p.m.

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

3:40 p.m.

5:05 p.m.

The hearing ended and the record was closed. The Board meeting recessed until Tuesday, March 9, 2004.

tuesday, March 9, 2004

8:35 a.m. ROLL CALL

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

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

R-2004-155 Mr. Rowland presented a revised settlement offer received in the joint matters of Elise Miller, R.Ph., Three Rivers O.P.T.I.O.N. Care, Inc., and Miller Pharmacy. After discussion, Mr. Turner moved that the Board accept the settlement offer. The motion was seconded by Mr. Lipsyc and approved by the Board (Aye-5/Nay-0). The settlement will become final after it is signed by all parties.

8:43 a.m.

Board members Diane Adelman and Gregory Braylock arrived and joined the meeting in progress.

After a discussion of the draft minutes from the February 2, 3, 4, 2004 meeting, Mrs. Gregg moved that they be approved as amended. The motion was seconded by Mrs. Adelman and approved by the Board (Aye-7/Nay-0).

R-2004-156 The Board considered a request for an exemption from OAC Rule 4729-5-10 (Pickup station) received from the following sites:

Humility of Mary Health Partners/Warren (02-1428300)

HM Home Pharmacy/Austintown (02-0945950)

After discussion, Mr. Braylock moved that the Board approve the request. The motion was seconded by Mr. Kost and approved by the Board (Aye-7/Nay-0).

R-2004-157 The Board next considered a request for an exemption from OAC Rule 4729-5-10 (Pickup station) received from the following sites:

Lutheran Hospital (02-0031500)

Central Admixture Pharmacy Services (02-1312700)

After discussion, Mrs. Gregg moved that the Board approve the request. The motion was seconded by Mr. Braylock and approved by the Board (Aye-7/Nay-0).

R-2004-158 Mr. Keeley presented a list of individuals for potential appointment to the 2004 Ad Hoc Committee on Rule Review. These individuals had been suggested by outside sources or had indicated a personal interest in serving. After discussion, Mr. Braylock moved that the following individuals be appointed to the Ad Hoc Committee on Rule Review:

Larry Kost, Chair	Board Member
Betty Gregg	Board Member
Rachel Bihn	Kroger; Oregon
Tony Buchta	Central Ohio Compounding Pharmacy; Columbus
Tim Candy	Grant Medical Center; Columbus
Kathy Donley	Akron General Medical Center
Debbie Lange	Target; Springdale
Stephanie Peshek	Summa Health Systems Hospital; Akron
Jeff Potter	Clinical Apothecaries; Medina
Donald Schneider	Riverside Methodist Hospital; Columbus
William Smith	East Liverpool City Hospital

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

R-2004-159 Mr. McMillen presented a request from Kroger's for Board approval of a jurisprudence continuing pharmacy education program. After discussion, Mrs. Gregg moved that the Board grant jurisprudence credit for the program. The motion was seconded by Mr. Turner and approved by the Board (Aye-7/Nay-0).

Mr. Keeley discussed his Legislative Report with the Board.

There was no report about the Medical Board’s Prescribing Committee.

10:13 a.m.

The Board took a brief recess.

10:24 a.m.

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

11:30 a.m.

R-2004-160 The Executive Session ended and the meeting was opened to the public. Mr. Lipsyc moved that the Board adopt the following Order in the matter of Dennis Edward Chapin, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-030520-075)

In The Matter Of:

DENNIS EDWARD CHAPIN, R.Ph.

4641 Katie Lane

Oxford, Ohio 45056

(R.Ph. No. 03-1-14952)

INTRODUCTION

THE MATTER OF DENNIS EDWARD CHAPIN CAME FOR HEARING ON MARCH 8, 2004, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ROBERT P. GIACALONE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; GREGORY BRAYLOCK, 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.

DENNIS EDWARD CHAPIN WAS REPRESENTED BY F. JOSEPH SCHIAVONE AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

State’s Witnesses

1. Jesse Wimberly, Ohio State Board of Pharmacy

Respondent's Witnesses

1. Dennis Edward Chapin, R.Ph., Respondent

State's Exhibits

1. Copy of Summary Suspension Order/Notice of Opportunity For Hearing letter [05-20-03]

1A-1B. Procedurals

1C. Copy of Addendum Notice [10-21-03]

1D-1F. Procedurals

2. Copy of Oxford Township Police Department Incident Report No. 03-146 [04-14-03]

3. Copy of Butler County Sheriff’s Office Drug and Vice Investigations Unit Report of Investigation Report #03-146 [04-14-03]

4. Notarized Statement of Dennis Chapin [04-23-03]

5. Accountability Statements for Butalbital/ASA/Caff and for APAP/Codeine #4 at The Medicine Shoppe [05-01-03]

6. Copy of Dangerous Drug Distributor Inspection Report of Medicine Shoppe [05-01-03]; copy of response from Dennis Chapin [05-19-03]

7. Bill of Information [not dated]; Entry of Plea of Guilty to an Information [10-03-03]; Judgment Entry of Conviction [11-13-03]; Entry Re-Assigning Case to Drug Court [11-14-03]; Drug Court (CDAT) Participation Agreement [11-17-03]; State of Ohio vs. Dennis E. Chapin, Case No. CR03-09-1409, Butler County Common Pleas Court

Respondent's Exhibits

A1-A8. Bill of Information [not dated]; Jury Waiver [not dated]; Statutory Period Waiver [not dated]; Waiver of Right of Prosecution by Indictment, and Request for Filing of Information [not dated]; Waiver of Indictment [not dated]; Entry of Plea of Guilty to an Information [10-03-03]; Entry Re-Assigning Case to Drug Court [11-14-03]; Judgment Entry of Conviction [11-17-03]; State of Ohio vs. Dennis E. Chapin, Case No. CR03-09-1409, Butler County Common Pleas Court

B. Drug Court (CDAT) Participation Agreement [11-17-03]

C. Copy of Treatment Overview from Neil Trask, L.I.S.W. [01-14-04]

D. Copy of Treatment Plan for Dennis Chapin from Doug Ulrich, LISW, CCDCIII [06-05-03]

E. Copy of letter from Tiffany Berry [03-03-04]

F. Progress Report from Rae Johnson LSW, CCDCI [03-02-04]

G. Letter from Jeanne Valerio, Community Service Coordinator [03-08-04]

H. Support Group Attendance Records [05-20-03 to 02-28-04]

FINDINGS OF FACT

After having heard the testimony, observed the demeanor of the witnesses, considered the evidence, and weighed the credibility of each, the State Board of Pharmacy finds the following to be fact:

(1) Records of the State Board of Pharmacy indicate that Dennis Edward Chapin was originally licensed by the State of Ohio as a pharmacist on March 22, 1983, pursuant to reciprocity, and that his license to practice pharmacy in Ohio was summarily suspended effective May 20, 2003. Records further reflect during the relevant time periods stated herein, Dennis Edward Chapin was the Responsible Pharmacist at Medicine Shoppe, 603 Main Street, Hamilton, Ohio pursuant to Sections 4729.27 and 4729.55 of the Ohio Revised Code and Rule 4729-5-11 of the Ohio Administrative Code.

(2) Dennis Edward Chapin is addicted to controlled substances, to wit: Dennis Edward Chapin has admitted to a Board agent that he is addicted to codeine (Tylenol #4), a Schedule III Controlled Substance, and butalbital (Fiorinal), a Schedule III Controlled Substance. Dennis Edward Chapin has stated that he began abusing drugs approximately 16 years ago, and for the past several years his use has escalated to approximately 20 to (22 tablets per day. Dennis Edward Chapin advised that he has diverted approximately 80,000 tablets over the sixteen-year time period. When experiencing withdrawal symptoms, he diverted up to 20 loperamide hydrochloride per day, and atropine sulfate/diphenoxylate hydrochloride, a Schedule V Controlled Substance, to relieve his symptoms.

(3) Dennis Edward Chapin did, on or about April 14, 2003, knowingly possess controlled substances when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: when Dennis Edward Chapin’s son was stopped by police in possession of the following drugs, Dennis Edward Chapin admitted to officers that the drugs belonged to him:

Drug	Strength	Schedule	Qty
butalbital, aspirin and caffeine	50 mg/325 mg/40 mg	III	8
acetaminophen and codeine	300 mg/60 mg	III	14
atropine sulfate and diphenoxylate hydrochloride	0.025 mg/2.5 mg	V	189

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

(4) Dennis Edward Chapin did, on or about April 14, 2003, knowingly possess a dangerous drug when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: when Dennis Edward Chapin’s son was stopped by police in possession of 8 unit doses of sucralfate 1 g., Dennis Edward Chapin admitted to officers that the drugs belonged to him. Such conduct is in violation of Section 2925.11 of the Ohio Revised Code.

(5) Dennis Edward Chapin did, over the preceding 16 years, with purpose to deprive, knowingly obtain or exert control over dangerous drugs by deception, to wit: Dennis Edward Chapin diverted the following drugs from his pharmacy:

Drug	Qty
Keflex	300
Protuss DM	300
Zantac	11,680
Carafate	11,680
butalbital, aspirin and caffeine	8
acetaminophen and codeine	14
atropine sulfate and diphenoxylate hydrochloride	189
sucralfate	8

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

CONCLUSIONS OF LAW

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

DECISION OF THE BOARD

Pursuant to Section 3719.121 of the Ohio Revised Code, the State Board of Pharmacy hereby removes the Summary Suspension Order issued to Dennis Edward Chapin on May 20, 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 Dennis Edward Chapin 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. 03-1-14952, held by Dennis Edward Chapin and such suspension is effective as of the date of the mailing of this Order.

(1) Dennis Edward Chapin, 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) Dennis Edward Chapin, pursuant to Section 4729.16(B) of the Ohio Revised Code, must return his identification card and license (wall certificate) to the office of the State Board of Pharmacy within ten days after receipt of this Order unless the Board office is already in possession of both. The identification card and wall certificate should be sent by certified mail, return receipt requested.

(B) On the basis of the Findings of Fact and Conclusions of Law set forth above, the State Board of Pharmacy hereby imposes a monetary penalty of two thousand five hundred dollars ($2,500.00) on Dennis Edward Chapin and payment of the monetary penalty is due and owing within thirty days of the mailing of this Order. The remittance should be made payable to the "Treasurer, State of Ohio" and mailed with the enclosed form to the State Board of Pharmacy, 77 South High Street, Room 1702, Columbus, Ohio 43215-6126.

Further, after two years from the effective date of this Order, the Board will consider any petition filed by Dennis Edward Chapin for a hearing, pursuant to Ohio Revised Code Chapter 119., for reinstatement. The Board will only consider reinstatement of the license to practice pharmacy in Ohio if the following conditions have been met:

(A) Dennis Edward Chapin must enter into a new contract, signed within thirty days after the effective date of this Order, with an Ohio Department of Alcohol and Drug Addiction Services (ODADAS) treatment provider or a treatment provider acceptable to the Board for a period of not less than five years and, upon signing, mail a copy of the contract to the Board office. The contract must provide that:

(1) Random, observed urine drug screens shall be conducted at least once each month.

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

(b) Results of all drug screens must be negative. Refusal of a drug screen or a diluted drug screen is equivalent to a positive result. Any positive results, including those which may have resulted from ingestion of food, but excluding false positives which resulted from medication legitimately prescribed, indicates a violation of the contract.

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

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

(B) Dennis Edward Chapin 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.

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

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

(3) Compliance with the terms of this Order.

(D) If reinstatement is not accomplished within three years of the effective date of this Order, Dennis Edward Chapin must also show successful completion of the NAPLEX examination or an equivalent examination approved by the Board.

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

MOTION CARRIED.

SO ORDERED.

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

R-2004-161 Mr. Braylock moved that the Board adopt the following Order in the matter of Nancy Lee Dawson, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-031104-030)

In The Matter Of:

NANCY LEE DAWSON, R.Ph.

3755 Edison Street N.W.

Uniontown, Ohio 44685

(R.Ph. No. 03-2-12544)

INTRODUCTION

THE MATTER OF NANCY LEE DAWSON CAME FOR CONSIDERATION ON MARCH 8, 2004, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ROBERT P. GIACALONE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; GREGORY BRAYLOCK, R.Ph.; ELIZABETH I. GREGG, R.Ph.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph.; AND JAMES E. TURNER, R.Ph.

NANCY LEE DAWSON WAS NOT PRESENT NOR WAS SHE REPRESENTED BY COUNSEL, AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

State’s Witnesses

1. Louis Robert Mandi, R.Ph., Ohio State Board of Pharmacy

Respondent's Witnesses

None

State's Exhibits

1. Copy of Summary Suspension Order/Notice of Opportunity For Hearing letter [11-04-03]

1A. Procedural

2. Chapel Hill Pharmacy Investigation Summary [10-09-03]

3. Statement of Nancy L. Dawson [10-08-03]

4. Statement of Joyce Stutler [10-08-03]

5. Statement of Tamara L. Hacker [10-08-03]

6. Number-On-Hand Accountability Sheet for Fiorinal and Provigil at Kaiser Foundation Health Plan Pharmacy [10-10-03]

7. Invoice Summary for Butalbital/ASA/Caff at Kaiser Foundation Health Plan Pharmacy [05-02-03 to 10-08-03]

8. Invoice Summary for Fiorinal at Kaiser Foundation Health Plan Pharmacy [08-26-02 to 05-02-03]

9. Copy of Schedule II Drug Inventory for Butalbital/ASA/Caff at Kaiser Foundation Health Plan Pharmacy [09-25-03 to 10-08-03]

10. Copy of hand-written inventory [09-11-03 to 09-25-03]

11. Inventory of butalbital/ASA/Caffeine at Kaiser Foundation Health Plan Pharmacy [08-26-02 to 10-10-03]

12. Copy of Dangerous Drug Distributor Inspection Report for Nancy L. Dawson, R.Ph. [10-14-03]

13. Copy of Kaiser Foundation Health Chapel Hill Invoice, No. 049-417102, from AmerisourceBergen [05-02-03]

14. Copy of Kaiser Foundation Health Chapel Hill Invoice, No. 049-387136, from AmerisourceBergen [04-15-03]

15. Notarized Statement of Nancy L. Dawson [10-14-03]

Respondent's Exhibits

None

FINDINGS OF FACT

After having heard the testimony, observed the demeanor of the witness, considered the evidence, and weighed the credibility of each, the State Board of Pharmacy finds the following to be fact:

(1) On November 4, 2003, Nancy Lee Dawson was notified by letter of her right to a hearing, her rights in such hearing, and her right to submit any contentions in writing.

(2) As demonstrated by return receipt dated November 6, 2003, Nancy Lee Dawson received the letter of November 4, 2003, informing her of the allegations against her and her rights.

(3) Nancy Lee Dawson has not responded in any manner to the letter of November 4, 2003, and has not requested a hearing in this matter, therefore the matter was referred to the Board for consideration.

(4) Records of the State Board of Pharmacy indicate that Nancy Lee Dawson was originally licensed by the State of Ohio as a pharmacist on August 9, 1978, pursuant to examination, and that her license to practice pharmacy in Ohio was summarily suspended effective November 4, 2003.

(5) Nancy Lee Dawson did, from August 26, 2002, through September 15, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Kaiser Foundation Health Plan Pharmacy, beyond the express or implied consent of the owner, to wit: Nancy Lee Dawson admittedly stole 3,881 tablets of Fiorinal, a Schedule III Controlled Substance. Nancy Lee Dawson was observed stealing and abusing the drugs while practicing pharmacy. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code

(6) Nancy Lee Dawson did, on or about September 15, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Kaiser Foundation Health Plan Pharmacy, beyond the express or implied consent of the owner, to wit: Nancy Lee Dawson was observed stealing 103 tablets of Fiorinal, a Schedule III Controlled Substance. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(7) Nancy Lee Dawson did, on or about September 16, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Kaiser Foundation Health Plan Pharmacy, beyond the express or implied consent of the owner, to wit: Nancy Lee Dawson was observed stealing 100 tablets of Fiorinal, a Schedule III Controlled Substance. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(8) Nancy Lee Dawson did, on or about September 17, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Kaiser Foundation Health Plan Pharmacy, beyond the express or implied consent of the owner, to wit: Nancy Lee Dawson was observed stealing 100 tablets of Fiorinal, a Schedule III Controlled Substance. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(9) Nancy Lee Dawson did, on or about September 20, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Kaiser Foundation Health Plan Pharmacy, beyond the express or implied consent of the owner, to wit: Nancy Lee Dawson was observed stealing 6 tablets of Fiorinal, a Schedule III Controlled Substance. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(10) Nancy Lee Dawson did, on or about September 22, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Kaiser Foundation Health Plan Pharmacy, beyond the express or implied consent of the owner, to wit: Nancy Lee Dawson was observed stealing 100 tablets of Fiorinal, a Schedule III Controlled Substance. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(11) Nancy Lee Dawson did, on or about September 23, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Kaiser Foundation Health Plan Pharmacy, beyond the express or implied consent of the owner, to wit: Nancy Lee Dawson was observed stealing 6 tablets of Fiorinal, a Schedule III Controlled Substance. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(12) Nancy Lee Dawson did, on or about September 24, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Kaiser Foundation Health Plan Pharmacy, beyond the express or implied consent of the owner, to wit: Nancy Lee Dawson was observed stealing 3 tablets of Fiorinal, a Schedule III Controlled Substance. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(13) Nancy Lee Dawson did, on or about September 25, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Kaiser Foundation Health Plan Pharmacy, beyond the express or implied consent of the owner, to wit: Nancy Lee Dawson was observed stealing 7 tablets of Fiorinal, a Schedule III Controlled Substance. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(14) Nancy Lee Dawson did, on or about September 26, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Kaiser Foundation Health Plan Pharmacy, beyond the express or implied consent of the owner, to wit: Nancy Lee Dawson was observed stealing 3 tablets of Fiorinal, a Schedule III Controlled Substance. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(15) Nancy Lee Dawson did, on or about September 29, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Kaiser Foundation Health Plan Pharmacy, beyond the express or implied consent of the owner, to wit: Nancy Lee Dawson was observed stealing 8 tablets of Fiorinal, a Schedule III Controlled Substance. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(16) Nancy Lee Dawson did, on or about October 1, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Kaiser Foundation Health Plan Pharmacy, beyond the express or implied consent of the owner, to wit: Nancy Lee Dawson was observed stealing 3 tablets of Fiorinal, a Schedule III Controlled Substance. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(17) Nancy Lee Dawson did, on or about October 3, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Kaiser Foundation Health Plan Pharmacy, beyond the express or implied consent of the owner, to wit: Nancy Lee Dawson was observed stealing 3 tablets of Fiorinal, a Schedule III Controlled Substance. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(18) Nancy Lee Dawson did, on or about October 6, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Kaiser Foundation Health Plan Pharmacy, beyond the express or implied consent of the owner, to wit: Nancy Lee Dawson was observed stealing 40 tablets of Fiorinal, a Schedule III Controlled Substance. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(19) Nancy Lee Dawson did, on or about October 7, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Kaiser Foundation Health Plan Pharmacy, beyond the express or implied consent of the owner, to wit: Nancy Lee Dawson was observed stealing 3 tablets of Fiorinal, a Schedule III Controlled Substance. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(20) Nancy Lee Dawson did, on or about October 14, 2003, possess dangerous drugs when not in accordance with Chapters 4729. and 4731. of the Ohio Revised Code, to wit: when a Board agent interviewed Nancy Lee Dawson at her home, Nancy Lee Dawson possessed 115 unit doses of Protonix 40 mg, 88 unit doses of hydrochlorothiazide 50mg, 41 unit doses of Celexa 40 mg, and 49 unit doses of Ziac 10/6.25 mg. These drugs were not obtained by prescription. Such conduct is in violation of Section 4729.51(C) of the Ohio Revised Code.

(21) Nancy Lee Dawson did, on or about October 14, 2003, possess a controlled substance when not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: when a Board agent interviewed Nancy Lee Dawson at her home, Nancy Lee Dawson possessed 26 tablets of Fiorinal, a Schedule III Controlled Substance. These drugs were not obtained by prescription. Such conduct is in violation of Section 4729.51(C) of the Ohio Revised Code.

(22) Nancy Lee Dawson did, on or about April 15, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Kaiser Foundation Health Plan Pharmacy, beyond the express or implied consent of the owner, to wit: Nancy Lee Dawson was observed stealing 100 tablets of Celexa. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(23) Nancy Lee Dawson did, on or about May 2, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Kaiser Foundation Health Plan Pharmacy, beyond the express or implied consent of the owner, to wit: Nancy Lee Dawson was observed stealing 100 tablets of hydrochlorothiazide 50 mg. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

CONCLUSIONS OF LAW

(1) The State Board of Pharmacy concludes that paragraphs (5) through (23) 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) through (23) 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 (20) and (21) 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 4729. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

DECISION OF THE BOARD

Pursuant to Section 3719.121 of the Ohio Revised Code, the State Board of Pharmacy hereby removes the Summary Suspension Order issued to Nancy Lee Dawson on November 4, 2003.

Pursuant to Section 4729.16 of the Ohio Revised Code, and after consideration of the record as a whole, the State Board of Pharmacy hereby suspends indefinitely the pharmacist identification card, No. 03-2-12544, held by Nancy Lee Dawson and such suspension is effective as of the date of the mailing of this Order.

(A) Nancy Lee Dawson, pursuant to Rule 4729-9-01(F) of the Ohio Administrative Code, may not be employed by or work in a facility licensed by the State Board of Pharmacy to possess or distribute dangerous drugs during such period of suspension.

(B) Nancy Lee Dawson, pursuant to Section 4729.16(B) of the Ohio Revised Code, must return her identification card and license (wall certificate) to the office of the State Board of Pharmacy within ten days after receipt of this Order unless the Board office is already in possession of both. The identification card and wall certificate should be sent by certified mail, return receipt requested.

Further, after five years from the effective date of this Order, the Board will consider any petition filed by Nancy Lee Dawson for a hearing, pursuant to Ohio Revised Code Chapter 119., for reinstatement.

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-4/Nay-2/Abstain-1[Teater]).

R-2004-162 Mr. Braylock then moved that the Board adopt the following Order in the matter of Jennifer L. Linville, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-030917-018)

In The Matter Of:

JENNIFER L. LINVILLE, R.Ph.

9269 Patterson Lane

Olmsted Township, Ohio 44138

(R.Ph. No. 03-1-19020)

INTRODUCTION

THE MATTER OF JENNIFER L. LINVILLE CAME FOR HEARING ON MARCH 8, 2004, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ROBERT P. GIACALONE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; GREGORY BRAYLOCK, R.Ph.; ELIZABETH I. GREGG, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

JENNIFER L. LINVILLE WAS REPRESENTED BY JAMES LINDON AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

State’s Witnesses

1. Mark A. Kabat, Ohio State Board of Pharmacy

Respondent's Witnesses

1. None

State's Exhibits

1. Copy of Notice of Opportunity For Hearing letter [09-17-03]

1A-1C. Procedurals

1D. Copy of Amendment Notice [02-20-04]

1E. Procedural

2. Copy of Notarized Statement of James J. White [01-16-03]

3. Copy of Notarized Statement of Allison M. Fosselius [01-21-03]

4. Copy of Notarized Statement of Scott E. Olech, R.Ph. [02-02-03]

5. Copy of Notarized Statement of Jennifer Linville, R.Ph. [01-28-03]

6. Transcript of Interview of Jennifer Linville, R.Ph. [01-28-03]

7. Rx #348228 [08-08-02]

8. Rx #348228 refill [08-08-02]

9. Copy of Marc’s Pharmacy #037 Pharmacist’s Statement for Jennifer Linville [01-01-00 to 01-22-03]

10. Copy of Marc’s Pharmacy #037 Edited Prescriptions for Jennifer Linville [01-28-03]

11. Copy of Notarized Statement of Derrick Cetin, D.O. [03-20-03]

11A. Copy of Medication Profile for Jennifer L. Linville [11-16-01 to 01-30-03]

12. Rx #C303899 [07-28-01]

13. Rx #C303899 refill [10-11-01]

13A. Copy of Notarized Statement of Michael Smith, R.Ph. [02-26-04]

14. Copy of Notarized Statement of Sarah Lochner, M.D. [05-29-03]

15. Copy of Notarized Statement of Gary Krone, D.V.M. [04-09-03]

16. Copy of Marc’s Pharmacy #23 Pharmacist’s Statement for Kodiak Linville [01-01-95 to 01-29-03]

17. Rx #270723 [11-07-99]; Rx #270723 refill [11-14-99]; Rx #270723 refill [03-12-00]

18. Copy of Statement of Gary Krone, D.V.M. [04-09-03]

19. Copy of Marc’s Pharmacy #23 Pharmacist’s Statement for Yukon Linville [01-01-96 to 01-29-03]

20. Rx #270724 [11-07-99]; Rx #270724 refill [11-14-99]; Rx #270724 refill [03-12-00]

21. Rx #439488 [01-13-00]

22. Rx #107067 [06-27-00]; Marc’s Pharmacy #037 Prescription Register [06-27-00]

23. Rx #108116 [07-18-00]; Marc’s Pharmacy #037 Prescription Register [07-18-00]

24. Rx #10031 refill [08-02-01]; Marc’s Pharmacy #55 Prescription Register [08-02-01]; Rx #10031 refill [08-12-01]; Marc’s Pharmacy #55 Prescription Register [08-12-01]; Rx #10031 refill [08-30-01]; Marc’s Pharmacy #55 Prescription Register [08-30-01]

25. Rx #204752 refill [11-13-01]; Marc’s Pharmacy #01 Prescription Register [11-13-01]; Rx #204752 refill [12-23-01]; Marc’s Pharmacy #01 Prescription Register [12-23-01]

26. Rx #291329 [01-09-01]; Marc’s Pharmacy #23 Prescription Register [01-09-01]

27. Rx #477272 [02-01-01]; Marc’s Pharmacy #04 Prescription Register [02-01-01]

28. Rx #519327 [02-06-01], Marc’s Pharmacy #13 Prescription Register [02-06-01]

29. Rx #191519 refill [06-21-01]; Marc’s Pharmacy #46 Prescription Register [06-21-01]

30. Rx #122608 [02-06-01]; Rx #122608 refill [09-04-01]; Marc’s Pharmacy #037 Prescription Register [09-04-01]

31. Copy of Marc’s Pharmacy #037 Edited Prescriptions for Jennifer Linville [01-28-03]; Marc’s Pharmacy #037 Prescription Register [08-23-01]

32. Rx #310545 refill [02-28-02]; Marc’s Pharmacy #23 Prescription Register [02-28-02]

33. Rx #309958 [02-17-02]; Marc’s Pharmacy #23 Prescription Register [02-17-02]; Rx #309958 refill [05-18-02]; Marc’s Pharmacy #23 Prescription Register [05-18-02]; Rx #309958 refill [06-20-02]; Marc’s Pharmacy #23 Prescription Register [06-20-02]; Rx #309958 refill [11-03-02]; Marc’s Pharmacy #23 Prescription Register [11-03-02]

34. Rx #21772 [02-17-02]; Rx #21772 refill [11-16-02]; Marc’s Pharmacy #55 Prescription Register [11-16-02]

35. Rx #553580 [03-28-02]; Rx #311925 [03-28-02]; Marc’s Pharmacy #23 Prescription Register [03-28-02]; Rx #311925 refill [04-02-02]; Marc’s Pharmacy #23 Prescription Register [04-02-02]

36. Rx #314461 [03-28-02]; Rx #553580 refill [05-02-02]; Marc’s Pharmacy #13 Prescription Register [05-02-02]

37. Rx #314461 refill [05-27-02]; Marc’s Pharmacy #23 Prescription Register [05-27-02]

38. Rx #553305 [04-29-02]; Marc’s Pharmacy #13 Prescription Register [04-29-02]

39. Rx #18168 refill [07-14-02]; Marc’s Pharmacy #55 Prescription Register [07-14-02]

40. Rx #135007 refill [08-06-02]; Rx #135007 refill [08-07-02]; Marc’s Pharmacy #037 Prescription Register [08-07-02]; Rx #135007 refill [08-31-02]; Marc’s Pharmacy #037 Prescription Register [08-31-02]

41. Rx #351962 [06-18-02]; Rx #351962 refill [09-24-02]; Marc’s Pharmacy #26 Prescription Register [09-24-02]; Rx #351962 refill [12-30-02]; Marc’s Pharmacy #26 Prescription Register [12-30-02]

42. Rx #316041 [06-20-02]; Marc’s Pharmacy #23 Prescription Register [06-20-02]; Rx #316041 refill [11-12-02]; Marc’s Pharmacy #23 Prescription Register [11-12-02]; Rx #316041 refill [12-06-02]; Marc’s Pharmacy #23 Prescription Register [12-06-02]; Rx #316041 refill [01-21-03]; Marc’s Pharmacy #23 Prescription Register [01-21-03]

43. Rx #345156 [06-27-02]; Marc’s Pharmacy #26 Prescription Register [06-27-02]

44. Rx #133848 [06-27-02]; Rx #133848 refill [07-04-02]; Marc’s Pharmacy #037 Prescription Register [07-04-02]

45. Rx #346118 [07-11-02]; Marc’s Pharmacy #26 Prescription Register [07-11-02]

46. Rx #103744 [08-15-02]; Marc’s Pharmacy #11 Prescription Register [08-15-02]

47. Rx #530876 refill [10-17-02]; Marc’s Pharmacy #04 Prescription Register [10-17-02]

48. Rx #530877 refill [10-18-02]; Marc’s Pharmacy #04 Prescription Register [10-17-02]

49. Copy of eleven Marc’s Pharmacy Pharmacist’s Statements for Jennifer Linville [01-01-95 to 01-29-03]

50. Copy of Notarized Statement of Derrick Cetin, D.O. [03-20-03]

50A. Medication Profile of Joe L. Linville [12-16-02 to 03-07-03]

51. Rx #274670 [02-13-00]

52. Rx #282031 [04-08-00]

53. Rx #105974 [06-08-00]; Marc’s Pharmacy #037 Prescription Register [06-08-00]; Rx #105974 refill [07-03-00]

54. Rx #106590 [06-19-00]; Marc’s Pharmacy #037 Prescription Register [06-19-00]

55. Rx #462957 [09-03-00]

56. Rx #474056 [12-28-00]; Marc’s Pharmacy #04 Prescription Register [12-28-00]

57. Rx #519898 [02-13-01]; Marc’s Pharmacy #13 Prescription Register [02-13-01]

58. Rx #587984 refill [04-19-01]; Marc’s Pharmacy #10 Prescription Register [04-19-01]; Rx #587984 refill [06-18-01]; Marc’s Pharmacy #10 Prescription Register [06-18-01]

59. Rx #10202 [02-13-01]; Rx #10202 refill [08-12-01]; Marc’s Pharmacy #55 Prescription Register [08-12-01]

60. Rx #303649 refill [10-06-01]; Marc’s Pharmacy #23 Prescription Register [10-06-01]

61. Rx #504308 [02-13-01]; Rx# 504308 refill [12-06-01]; Marc’s Pharmacy #04 Prescription Register [12-06-01]

62. Rx #127896 [02-13-01]; Rx #127896 refill [01-28-02]; Marc’s Pharmacy #037 Prescription Register [01-28-02]

63. Rx #295720 [04-08-01]; Marc’s Pharmacy #23 Prescription Register [04-08-01]; Copy of Notarized Statement of James Gutierrez, M.D. [05-22-03]

64. Rx #341826 [03-28-02]; Rx #341826 refill [05-16-02]; Marc’s Pharmacy #26 Prescription Register [05-16-02]

65. Rx #133847 [03-28-02]; Rx #133847 refill [07-04-02]; Marc’s Pharmacy #037 Prescription Register [07-04-02]

66. Rx #133847 refill [08-06-02]; Marc’s Pharmacy #037 Prescription Register [08-06-02]; Rx #133847 refill [09-14-02]; Marc’s Pharmacy #037 Prescription Register [09-14-02]

67. Rx #322196 [03-28-02]; Rx #322196 refill [10-29-02]; Marc’s Pharmacy #23 Prescription Register [10-29-02]

68. Rx #535057 [03-28-02]; Rx #535057 refill [12-05-02]; Marc’s Pharmacy #04 Prescription Register [12-05-02]

69. Rx #325529 refill [01-21-03]; Marc’s Pharmacy #23 Prescription Register [01-21-03]

70. Copy of seven Marc’s Pharmacy Pharmacist’s Statements for Joe Linville [01-01-95 to 02-05-03]

Respondent's Exhibits

A1-A5. Copy of five Letters of Support [02-11-03 to 02-27-04]

A6. Copy of letter from Jennifer Linville [not dated]

B1. Treatment Letter from Derrick Cetin, D.O. for Jennifer Linville [10-24-03]

B2-B7. Copy of six Cleveland Clinic Payment Receipts of Jennifer Linville [04-09-02 to 01-30-03]

B8. Behavioral Healthcare Services Explanation of Member Benefits for Jennifer Linville [03-13-03]

B9. Copy of Cleveland Clinic Payment Receipt of Jennifer Linville [06-02-03]

C1. Copy of Treatment Letter from Derrick Cetin, D.O. for Joe Linville [10-24-03]

C2-C4. Copy of three Medication Flowsheets for Joe L. Linville [11-29-99 to 03-04-03]

C5-C8. Copy of four Cleveland Clinic Payment Receipts of Joe L. Linville [12-16-02 to 07-30-03]

C9. Copy of Scheduler's Worklist for Joe L. Linville [12-16-02]

C10-13. Copy of four Cleveland Clinic Foundation Laboratory Reports for Joe Linville [12-16-02 to 12-23-02]

C14. Copy of After Visit Summary for Joe Linville [03-04-03]

C15. Copy of Cleveland Clinic Foundation Laboratory Report for Joe Linville [03-07-03]

C16. Copy of Cleveland Clinic Foundation Laboratory Result Report for Joe Linville [03-07-03]

D1-D2. Copy of two-page Giant Eagle Pharmacy #1216 Medical Expense Report for Joe Linville [01-01-03 to 10-19-03]

D3-D4. Copy of two-page Giant Eagle Pharmacy #1216 Medical Expense Report for Jennifer Linville [01-01-03 to 10-19-03]

E1. Copy of Duplicate Customer Receipts for Rx #316041 [11-12-02]; Rx #351962 [12-30-02]; Rx #323804 [12-01-02]; Rx #316041 [12-06-02]; Rx #341826 [05-16-02]

E2. Copy of Duplicate Customer Receipts for Rx #553580 [05-02-02]; Rx #530877 [10-18-02]; Rx #314461 [05-27-02]; Rx #322196 [10-29-02]; Rx #135007 [08-07-02]; Rx #135007 [08-31-02]; Rx #133847 [08-06-02]

E3-E7. Copy of nineteen checks of Jennifer Linville [01-09-01 to 12-05-02]

F1-F17. Copy of eighty-three checks of Jennifer Linville [10-23-99 to 12-10-02]

G1-G16. Copy of seventy-seven checks of Jennifer Linville [11-14-99 to 01-22-03]

J1. Copy of Elyria Memorial Hospital and Medical Center Job Description/Performance Evaluation of Jennifer Johns [05-03-93]

J2-J4. Copy of three Elyria Memorial Hospital and Medical Center Job Description/Performance Evaluation of Jennifer Linville [07-12-94 to 06-04-96]

K1-K4. Copy of four Akron General Medical Center Performance Evaluation of Jennifer Linville [08-17-00 to 08-18-03]

L. Copy of fifteen Continuing Pharmaceutical Education Certificates and Statements of Credit [12-30-03 through 02-25-04]

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) Records of the State Board of Pharmacy indicate that Jennifer L. Linville was originally licensed by the State of Ohio as a pharmacist on July 29, 1991, pursuant to examination, and is currently licensed to practice pharmacy in Ohio.

(2) Jennifer L. Linville did, on or about August 8, 2002, intentionally create and/or knowingly possess a false or forged prescription, to wit: Jennifer L. Linville created Rx #348228 for 30 unit doses of Ibuprofen 800 mg, with eleven refills, without authorization from a prescriber. The prescription was created for a technician at Marc’s Pharmacy so as to save the technician money by using the pharmacy's employee discount on prescription medicine. Such conduct is in violation of Section 2925.23 of the Ohio Revised Code.

(3) Jennifer L. Linville did, on or about August 8, 2000, sell at retail a dangerous drug when the conduct was not in accordance with Chapters 4729. and 4731. of the Ohio Revised Code, to wit: Jennifer L. Linville sold 30 unit doses of Ibuprofen 800 mg, Rx #348228, to a technician at Marc’s Pharmacy without a valid prescription. Such conduct is in violation of Section 4729.51(C) of the Ohio Revised Code.

(4) Jennifer L. Linville did, on or about January 29, 2003, knowing that an official investigation was in process or was likely to be instituted, conceal or remove a record of a prescription with purpose to impair its value or availability as evidence in such investigation, to wit: Jennifer L. Linville deleted the record of Rx #122289 just hours before an interview with a Board agent investigating her activities. Jennifer L. Linville had created this prescription for 30 units of cyclobenzaprine 10 mg without authorization from a prescriber. Such conduct is in violation of Section 2921.12 of the Ohio Revised Code.

(5) Jennifer L. Linville did, on or about July 28, 2001, intentionally create and/or knowingly possess a false or forged prescription, to wit: Jennifer L. Linville created Rx #C303899 for 15 unit doses of hydrocodone with APAP 7.5 mg/750 mg, with the face of the prescription indicating that it was a transfer from CVS in North Ridgeville, Ohio. However, Jennifer L. Linville did not have prescription records at that pharmacy. Such conduct is in violation of Section 2925.23 of the Ohio Revised Code.

(6) Jennifer L. Linville did, on or about November 7, 1999, intentionally create and/or knowingly possess a false or forged prescription, to wit: Jennifer L. Linville created Rx #270723, with 2 refills, for 30 unit doses of Prozac 10 mg, with the face of the prescription indicating that it was for a canine named "Kodiac." The label further read: "Take one tablet as needed to control aggression against little brother." Jennifer L. Linville indicated to a Board agent that she did this as a joke. The prescriber indicated he did not authorize the prescription. Such conduct is in violation of Section 2925.23 of the Ohio Revised Code.

(7) Jennifer L. Linville did, on or about November 7, 1999, intentionally create and/or knowingly possess a false or forged prescription, to wit: Jennifer L. Linville created Rx #270724, with 2 refills, for 6 unit doses of Viagra 100 mg, with the face of the prescription indicating that it was for a canine named "Yukon." The label further read: "Chew one as directed as needed for frolic with Fraulein." Jennifer L. Linville indicated to a Board agent that she did this as a joke. The prescriber indicated he did not authorize the prescription. Such conduct is in violation of Section 2925.23 of the Ohio Revised Code.

(8) Jennifer L. Linville did, on or about the following dates, intentionally create and/or knowingly possess false or forged prescriptions, to wit: Jennifer L. Linville created the following prescriptions for herself when not authorized by a prescriber:

Rx No.	Orig. Date	Drug	Qty
439488	01/13/00	Prozac 20 mg	30
107067	06/27/00	Ibuprofen 800 mg	100
108116	07/18/00	Prozac 20 mg	30
10031	01/01/01	Ibuprofen 400 mg	30
10031	01/01/01	Ibuprofen 400 mg	30
10031	01/01/01	Ibuprofen 400 mg	30
204752	01/01/01	Ibuprofen 400 mg	30
204752	01/01/01	Ibuprofen 400 mg	30
291329	01/09/01	Prozac 20 mg	30
477272	02/01/01	Prozac 20 mg	60
519327	02/06/01	Prozac 20 mg	60
191519	02/06/01	Prozac 20 mg	60
122608	02/06/01	Fluoxetine 20 mg	60
122289	08/23/01	Cyclobenzaprine	30
310545	11/15/01	Prozac WK 90 mg	4
309958	02/17/02	Ibuprofen 400 mg	30
309958	02/17/02	Ibuprofen 400 mg	30
309958	02/17/02	Ibuprofen 400 mg	30
309958	02/17/02	Ibuprofen 400 mg	30
21722	02/17/02	Ibuprofen 400 mg	30
311925	03/28/02	Prozac WK 90 mg	4
311925	03/28/02	Prozac WK 90 mg	4
553580	03/28/02	Prozac WK 90 mg	4
314461	03/28/02	Prozac WK 90 mg	4
553305	04/29/02	Ibuprofen 400 mg	30
18168	06/16/02	Prozac WK 90 mg	4
135007	06/16/02	Prozac WK 90 mg	4
135007	06/16/02	Prozac WK 90 mg	4
351962	06/18/02	Prozac WK 90 mg	4
351962	06/18/02	Prozac WK 90 mg	4
316041	06/20/02	Prozac WK 90 mg	4
316041	06/20/02	Prozac WK 90 mg	4
316041	06/20/02	Prozac WK 90 mg	4
316041	06/20/02	Prozac WK 90 mg	4
345156	06/27/02	Ibuprofen 400 mg	30
133848	06/27/02	Ibuprofen 400 mg	30
346118	07/11/02	Ibuprofen 400 mg	30
103744	08/15/02	Ibuprofen 400 mg	30
530876	08/15/02	Ibuprofen 400 mg	30
530877	10/10/02	Prozac WK 90 mg	4

122289 RX edited out of computer system by R.Ph. Linville on 01/28/03

Such conduct is in violation of Section 2925.23 of the Ohio Revised Code.

(9) Jennifer L. Linville did, on or about the following dates, intentionally create and/or knowingly possess false or forged prescriptions, to wit: Jennifer L. Linville created the following prescriptions for her husband when not authorized by a prescriber:

Rx No.	Orig. Date	Drug	Qty
274670	02/13/00	Dilantin 100 mg	360
282031	04/08/00	Dilantin 100 mg	300
105974	06/08/00	Dilantin 100 mg	200
105974	06/08/00	Dilantin 100 mg	200
106590	06/19/00	Ibuprofen 800 mg	100
462957	09/03/00	Dilantin 100 mg	200
474056	12/28/00	Dilantin 100 mg	200
519898	02/13/01	Dilantin 100 mg	200
587984	02/13/01	Dilantin 100 mg	200
587984	02/13/01	Dilantin 100 mg	200
10202	02/13/01	Dilantin 100 mg	200
303649	02/13/01	Dilantin 100 mg	200
504308	02/13/01	Dilantin 100 mg	200
127896	02/13/01	Dilantin 100 mg	200
295720	04/08/01	GFN/PSE Tablet	30
341826	03/28/02	Dilantin 100 mg	150
133847	03/28/02	Dilantin 100 mg	150
133847	03/28/02	Dilantin 100 mg	150
133847	03/28/02	Dilantin 100 mg	150
322196	03/28/02	Dilantin 100 mg	150
535057	03/28/02	Dilantin 100 mg	150
325529	03/28/02	Dilantin 100 mg	150

Such conduct is in violation of Section 2925.23 of the Ohio Revised Code.

CONCLUSIONS OF LAW

(1) The State Board of Pharmacy concludes that paragraphs (2) through (9) of the Findings of Fact constitute being guilty of gross immorality as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code.

(2) The State Board of Pharmacy concludes that paragraphs (2) through (9) 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), (3), and (5) through (9) 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. or 4729. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

DECISION OF THE BOARD

Pursuant to Section 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 Jennifer L. Linville as follows:

(A) On the basis of the Findings of Fact and paragraphs (1) and (2) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby suspends for one year the pharmacist identification card, No. 03-1-19020, held by Jennifer L. Linville effective as of the date of the mailing of this Order. Further, the Board suspends the suspension and places Jennifer L. Linville’s identification card on probation for three years with the following conditions:

(1) Jennifer L. Linville must continue treatment with a licensed psychiatrist or psychologist. The psychiatrist or psychologist must provide an initial status report, which includes the recommended treatment plan, to the Board within 60 days after the effective date of this Order. Ms. Linville may request the Board to lift the requirement for counseling if, in the judgment of the attending psychiatrist or psychologist, counseling is no longer necessary. The psychiatrist or psychologist must also provide a final report at the end of probation or treatment, whichever comes first.

(2) Jennifer L. Linville may not dispense prescriptions for herself or for any member of her family.

(3) Jennifer L. Linville is restricted to work in a hospital setting.

(4) The State Board of Pharmacy hereby declares that Jennifer L. Linville'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.

(5) Jennifer L. Linville may not serve as a responsible pharmacist.

(6) Jennifer L. Linville must not violate the drug laws of Ohio, any other state, or the federal government.

(7) Jennifer L. Linville must abide by the rules of the State Board of Pharmacy.

(8) Jennifer L. Linville must comply with the terms of this Order.

(9) 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.

Jennifer L. Linville's license is deemed to be not in good standing until successful completion of the probationary period.

(B) On the basis of the Findings of Fact and paragraph (3) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby imposes on Jennifer L. Linville a monetary penalty of ten thousand dollars ($10,000.00) due and owing within thirty days of the issuance of this Order. The monetary penalty should be made payable to the “Treasurer, State of Ohio” and mailed with the enclosed form to the State Board of Pharmacy, 77 South High Street, Room 1702, Columbus, Ohio 43215-6126.

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

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

MOTION CARRIED.

SO ORDERED.

The motion was seconded by Mrs. Gregg and approved by the Board (Aye-5/Nay-1/Abstain-1[Kost]).

11:43 a.m.

The Board recessed for lunch.

1:30 p.m.

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

R-2004-163 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.

DONALD TROY BLUM	03-1-26074	WEST VIRGINIA
NICHOLE DENEE BROWN	03-1-26050	MICHIGAN
EDWARD PETER CASSIDY	03-1-26052	ILLINOIS
WILLIAM BRIAN DREITLEIN	03-1-26080	NEW JERSEY
NATALIE KAY ELLIOTT	03-1-26065	WEST VIRGINIA
SHEILA BETH HANSEN	03-1-26078	IOWA
TAMI RENEE HARTER	03-1-26021	SOUTH CAROLINA
ROBERT WAYNE LARATTA	03-1-26079	VIRGINIA
ANDREW JAMES MAC	03-1-26057	MICHIGAN
JAMES ROBERT MANFRED	03-1-26039	INDIANA
AMY ELIZABETH MARTIN	03-1-26077	NEW YORK
JOSEPH KEVIN MONTGOMERY	03-1-26088	PENNSYLVANIA
BECKY ANN NAGLE	03-1-26089	PENNSYLVANIA
PAUL STEPHEN PLASKON	03-1-26086	NEW JERSEY
ARASH RAOOFI	03-1-26067	MICHIGAN
DAVID NORBERT ROBARGE	03-1-26085	MINNESOTA
MARK ANTHONY ROSS	03-1-26048	WEST VIRGINIA
MICHELE RENA DILLON ROSS	03-1-26049	WEST VIRGINIA
KATHERYN WURSTER RUSSI	03-1-26084	IOWA
CYNTHIA JO RYLANDS	03-1-26083	PENNSYLVANIA
RACHEL ANTONETTE STATON	03-1-26054	INDIANA
JILL REBECCA TATTERSON	03-1-26056	WEST VIRGINIA
ELISSA L. WOJTOWICZ	03-1-26081	NEW JERSEY
JAMES EDWARD ZIRPOLI	03-1-26082	PENNSYLVANIA

2:03 p.m.

The Board reconvened in Room West-B&C. The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of conducting an adjudication hearing in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of Michelle M. Solnosky, R.Ph., Euclid. Mr. Lipsyc recused himself from the hearing and the resulting deliberations.

2:50 p.m.

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

2:57 p.m.

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

3:06 p.m.

R-2004-164 The Executive Session ended and the meeting was opened to the public. Mr. Kost moved that the Board adopt the following Order in the matter of Michelle M. Solnosky, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-030716-002)

In The Matter Of:

MICHELLE M. SOLNOSKY, R.Ph.

944 East 245th

Euclid, Ohio 44123

(R.Ph. No. 03-1-22531)

INTRODUCTION

THE MATTER OF MICHELLE M. SOLNOSKY CAME FOR HEARING ON MARCH 9, 2004, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ROBERT P. GIACALONE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; GREGORY BRAYLOCK, R.Ph.; ELIZABETH I. GREGG, R.Ph.; LAWRENCE J. KOST, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

MICHELLE M. SOLNOSKY WAS NOT REPRESENTED BY COUNSEL AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

State’s Witnesses

None

Respondent's Witnesses

1. Michelle M. Solnosky, R.Ph., Respondent

State's Exhibits

1. Facsimile copy of Reinstatement Hearing Request letter from Michelle Solnosky [07-15-03]

1A-1D. Procedurals

2. Copy of Ohio State Board of Pharmacy Report of Investigation re Interview of Michelle Margaret Solnosky [11-21-00]

2A. Copy of State Board of Pharmacy Order in re Michelle M. Solnosky, R.Ph. [02-08-02]

3. Drug Audit Accountability Sheet for Alprazolam 0.25 mg at Medic #709 [12-11-00]

4. Drug Audit Accountability Sheet for Diazepam 10 mg at Medic #709 [12-11-00]

5. Drug Audit Accountability Sheet for Ambien 10 mg at Medic #709 [12-12-00]

6. Copy of Notarized Statement of Michelle A. Parrise [11-15-00]

7. Waiver of Indictment with Counsel, State of Ohio vs. Michelle M. Solnosky, Case No. CR-402372, Cuyahoga County Common Pleas Court [not dated]

8. Bill of Information [03-09-01]

9. Journal Entry [05-21-01]

Respondent's Exhibits

A. Copy of letter to the Board members from Michelle Solnosky [not dated]

B. Compliance and Progress letter from John Heather, M.D. [02-18-04]

C. Copy of Multistate Pharmacy Jurisprudence Examination (MPJE) Results letter to Michelle M. Solnosky [01-12-04]

D. Continuing Pharmaceutical Education Statements of Credit [02-12-01 to 02-25-04]

E. Three letters of Support [02-23-04 to 03-05-04]

FINDING OF FACT

After having heard the testimony, observed the demeanor of the witness, considered the evidence, and weighed the credibility of each, the State Board of Pharmacy finds that Michelle M. Solnosky has complied with the terms set forth in the Order of the State Board of Pharmacy, Docket No. D-010903-042 and D-010413-063, effective February 8, 2002.

DECISION OF THE BOARD

On the basis of the Finding of Fact set forth above, and after consideration of the record as a whole, the State Board of Pharmacy hereby approves the reinstatement of the pharmacist identification card, No. 03-1-22531, held by Michelle M. Solnosky to practice pharmacy in Ohio and places Michelle M. Solnosky on probation for one year beginning on the effective date of this Order, with the following conditions:

(A) Michelle M. Solnosky must take and pass three hours (0.3 CEUs) of Board-approved continuing pharmacy education in Jurisprudence before her pharmacist identification card will be issued. The CEUs may not also be used for her license renewal requirement.

(B) Michelle M. Solnosky must continue treatment with a licensed counselor. The counselor must provide an initial status report, which includes the recommended treatment plan, to the Board within 60 days after the effective date of this Order. Ms. Solnosky may request the Board to lift the requirement for treatment if, in the judgment of the attending counselor, treatment is no longer necessary. The counselor must also provide a final report at the end of probation or treatment, whichever comes first.

(D) Other terms of probation are as follows:

(1) The State Board of Pharmacy hereby declares that Michelle M. Solnosky'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) Michelle M. Solnosky may not serve as a responsible pharmacist.

(3) Michelle M. Solnosky may not destroy, assist in, or witness the destruction of controlled substances.

(4) Michelle M. Solnosky must not violate the drug laws of Ohio, any other state, or the federal government.

(5) Michelle M. Solnosky must abide by the rules of the State Board of Pharmacy.

(6) Michelle M. Solnosky must comply with the terms of this Order.

(E) 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.

(F) Michelle M. Solnosky's license is deemed to be not in good standing until successful completion of the probationary period.

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

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

MOTION CARRIED.

SO ORDERED.

The motion was seconded by Mrs. Gregg and approved by the Board (Aye-6/Nay-0/Abstain-1[Lipsyc]).

Mr. Braylock discussed the recent meeting of the Nursing Board’s Committee on Prescriptive Governance with the Board.

3:21 p.m.

The Board meeting recessed until Wednesday, March 10, 2004.

wednesday, March 10, 2004

8:44 a.m. ROLL CALL

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

The Board discussed items of interest not requiring any official action.

9:33 a.m.

12:45 p.m.

The hearing ended and the record was closed.

12:57 p.m.

Mrs. Gregg moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code 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, Braylock-Yes, Gregg-Yes, Kost-Yes, Lipsyc-Yes, Teater-Yes, and Turner-Yes.

1:35 p.m.

The Executive Session was recessed for lunch.

2:19 p.m.

The Executive Session resumed.

2:25 p.m.

R-2004-165 The Executive Session ended and the meeting was opened to the public. Mr. Braylock moved that the Board adopt the following Order in the matter of Kevon James Armstrong, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-030926-020)

In The Matter Of:

KEVON JAMES ARMSTRONG, R.Ph.

8240 Kingsmere Court

Cincinnati, Ohio 45231

(R.Ph. No. 03-1-24310)

INTRODUCTION

THE MATTER OF KEVON JAMES ARMSTRONG CAME FOR HEARING ON MARCH 10, 2004, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ROBERT P. GIACALONE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; GREGORY BRAYLOCK, 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.

KEVON JAMES ARMSTRONG WAS REPRESENTED BY LaTONIA DENISE WRIGHT AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

State’s Witnesses

1. Ann Abele, R.Ph., Ohio State Board of Pharmacy

Respondent's Witnesses

1. Kevon James Armstrong, R.Ph., Respondent

State's Exhibits

1. Copy of Notice of Opportunity For Hearing letter [09-26-03]

1A-1E. Procedurals

2. Copy of written prescription for Carbatrol 200 mg and prescription tag for Rx #00142 482014 [04-18-03]

3. Copy of Rite Aid Pharmacy #00142 Prescription Register [04-18-03]

4. Photocopy of Rx #00142 482014 medicine vial labeled as containing Carbatrol 200 mg capsules [04-18-03]

5. Statement of Carrie Klein [05-14-03]

6. Highland District Hospital Emergency/Outpatient Services Record for Patient #C84014 [04-24-03]

7. Notarized Statement of Kevon Armstrong [05-29-03]

8. Notarized Statement of Amy Williams, R.Ph. [05-28-03]

9. Notarized Statements of Holly I. Walker, Christa M. Wilson, Jenny L. Roler, Jeanna Vanderpool, Laura M. Pelfrey, and James R. Juillerat [05-28-03]

11. Errors in Dispensing report for Kevon Armstrong [04-18-03 to 01-29-01]

12. Notarized Statement of John Giordullo, R.Ph. [02-20-04]

13. Copy of written prescription for Synthroid 100 mg [11-20-02]

14. Medco computer information for Rx #0303002097 [01-30-03]

15. Copy of Counseling Report for Kevon Armstrong [04-02-03]

16. Copy of written prescription for Zoloft 50 mg [01-06-03]

17. Medco computer information for Rx #0301008870 [01-10-03]

18. Copy of Counseling Report for Kevon Armstrong [02-20-03]

19. Copy of Medco Health Solutions of Fairfield Disciplinary Request Form re Kevon Armstrong [02-20-03]

20. Copy of written prescription for Claritin 24º [08-21-02]

21. Medco computer information for Rx #0223802658 [08-26-02]

22. Copy of Counseling Report for Kevon Armstrong [09-06-02]

23. Copy of Merck-Medco Rx Services of Fairfield Notice of Disciplinary Action for Kevon Armstrong [09-06-02]

24. Copy of written prescription for Prozac 40 mg [07-11-02]

25. Medco computer information for Rx #0220006538 [07-19-02]

26. Copy of Counseling Report for Kevon Armstrong [07-29-02]

27. Copy of Merck-Medco Rx Services of Fairfield Disciplinary Request Form re Kevon Armstrong [07-29-02]

28. Copy of written prescription for BD-UF 30 Unit Insulin Syringes [06-20-02]

29. Medco computer information for Rx #0219908566 [07-18-02]

30. Copy of Counseling Report for Kevon Armstrong [04-18-03]

31. Copy of written prescription for Lipitor 20 mg [03-13-02]

32. Medco computer information for Rx #0209120285 [04-02-02]

33. Copy of Counseling Report for Kevon Armstrong and External Interview Questions sheet [04-09-02]

34. Copy of written prescription for Enalapril 10 mg [11-26-01]

35. Medco computer information for Rx #0133422164 [12-03-01]

36. Copy of Counseling Report for Kevon Armstrong [not dated]

37. Copy of Merck-Medco Rx Services of Fairfield Notice of Disciplinary Action for Kevon Armstrong [12-21-01]

38. Copy of written prescription for OxyContin 20mg and prescription tags for Rx #2212811 [06-12-01] and Rx #2212799 [06-10-01]

39. Kroger Pharmacy Misfill Report [06-12-01]

40. Copy of written prescription for Relafen 500 mg [04-07-01]

41. Copy of Medco computer label for Rx #0112801990 [05-08-01]

42. Copy of Counseling Report for Kevon Armstrong [06-04-01]

43. Copy of written prescription for Hytrin 10 mg [01-11-01]

44. Copy of Medco computer label for Rx #0102605896 [01-29-01]

45. Copy of Counseling Report for Kevon Armstrong [02-15-01]

Respondent's Exhibits

A. Copy of two Letters of Support [02-23-04]

B. Copy of article by Harris Fleming Jr., “The Human Side of Prescription Misfills Surfaces in New Study” [Drug Topics, 1999,18:16]

B1. Copy of article by Flynn Warren, MS and Monica Ali, PhD, “Medication Errors: They Just Won’t Go Away” [Georgia Pharmacist Quarterly, Vol. 80, No. 3, University of Georgia College of Pharmacy, Summer 2003]

B2. Copy of article by Fred Gebhart, “Can Test Determine Which R.Ph.s Are Prone To Errors?” [Drug Topics, Feb. 9, 2004,148:40]

B3. Copy of article by Eric M. Grasha, “Discovering Pharmacy Error: Must Reporting, Identifying, and Analyzing Pharmacy Dispensing Errors Create Liability for Pharmacists?” [The Ohio State Law Journal, Vol. 63, No. 5, The Ohio State University College of Law, 2002-2003]

C. Reliable One Staffing Services Employee Time Sheet for Kevon Armstrong [04-14-03 to 04-18-03]

FINDINGS OF FACT

After having heard the testimony, observed the demeanor of the witnesses, considered the evidence, and weighed the credibility of each, the State Board of Pharmacy finds the following to be fact:

(1) Records of the State Board of Pharmacy indicate that Kevon James Armstrong was originally licensed by the State of Ohio as a pharmacist on September 12, 2000, pursuant to examination, and is currently licensed to practice pharmacy in Ohio.

(2) Kevon James Armstrong did, on or about April 18, 2003, misbrand a drug, to wit: when Kevon James Armstrong received a prescription for Carbatrol 200 mg, he dispensed Carbatrol 300 mg, Rx #00142482014, which had not been prescribed by the physician. The 5-year-old patient was subsequently harmed. Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

(3) Kevon James Armstrong did, on or about January 30, 2003, cause a prescription drug to be misbranded, to wit: when Kevon James Armstrong received a prescription for Synthroid 100 mcg, he entered Synthroid 150 mcg into the computer, Rx #0303002097, which had not been prescribed by the physician. Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

(4) Kevon James Armstrong did, on or about January 10, 2003, cause a prescription drug to be misbranded, to wit: when Kevon James Armstrong received a prescription for TAC (triamcinolone) cream, he entered Tazorac cream into the computer, Rx #0301008870, which had not been prescribed by the physician. Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

(5) Kevon James Armstrong did, on or about August 26, 2002, cause a prescription drug to be misbranded, to wit: when Kevon James Armstrong received a prescription for Claritin-24, he entered Claritin-D into the computer, Rx #0223802658, which had not been prescribed by the physician. Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

(6) Kevon James Armstrong did, on or about July 19, 2002, cause a prescription drug to be misbranded, to wit: when Kevon James Armstrong received a prescription for Prozac 40 mg, he entered Prilosec into the computer, Rx #0220006538, which had not been prescribed by the physician. Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

(7) Kevon James Armstrong did, on or about July 18, 2002, cause a prescription drug to be misbranded, to wit: when Kevon James Armstrong received a prescription for BD 30-unit insulin syringes, he entered BD 1cc insulin syringes into the computer, Rx #0219908566, which had not been prescribed by the physician. Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

(8) Kevon James Armstrong did, on or about April 2, 2002, cause a prescription drug to be misbranded, to wit: when Kevon James Armstrong received a prescription for Lipitor 20 mg, he entered Lasix into the computer, Rx #0209120285, which had not been prescribed by the physician. Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

(9) Kevon James Armstrong did, on or about December 3, 2001, cause a prescription drug to be misbranded pursuant to prescription, to wit: when entering Rx #013342216417 into the computer, Kevon James Armstrong did not indicate the directions for use of the drug as was prescribed by the physician. Such conduct is in violation of Rule 4729-5-16 of the Ohio Administrative Code.

(10) Kevon James Armstrong did, on or about June 10, 2001, misbrand a drug, to wit: when Kevon James Armstrong received a prescription for OxyContin 20 mg, he dispensed OxyContin 80 mg, Rx #2212799, which had not been prescribed by the physician. Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

(11) Kevon James Armstrong did, on or about May 8, 2001, cause a prescription drug to be misbranded, to wit: when Kevon James Armstrong received a prescription for Relafen 500 mg, he entered Keflex into the computer, Rx #0112801990, which had not been prescribed by the physician. Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

(12) Kevon James Armstrong did, on or about January 29, 2001, cause a prescription drug to be misbranded, to wit: when Kevon James Armstrong received a prescription for Hytrin 10 mg, he entered Hytrin 1 mg into the computer, Rx #0102605896, which had not been prescribed by the physician. Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

CONCLUSION OF LAW

The State Board of Pharmacy concludes that paragraphs (2) through (12) of the Findings of Fact constitute being guilty of unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code.

DECISION OF THE BOARD

Pursuant to Section 4729.16 of the Ohio Revised Code, and after consideration of the record as a whole, the State Board of Pharmacy adjudicates the matter of Kevon James Armstrong as follows:

(A) On the basis of the Findings of Fact and Conclusion of Law set forth above, the State Board of Pharmacy hereby imposes a monetary penalty of two thousand five hundred dollars ($2,500.00) on Kevon James Armstrong and payment of the monetary penalty is due and owing within thirty days of the mailing of this Order. The remittance should be made payable to the "Treasurer, State of Ohio" and mailed with the enclosed form to the State Board of Pharmacy, 77 South High Street, Room 1702, Columbus, Ohio 43215-6126.

(B) On the basis of the Findings of Fact and Conclusion of Law set forth above, the State Board of Pharmacy hereby places Kevon James Armstrong on probation for one year from the effective date of this Order with the following conditions:

(1) Kevon James Armstrong must obtain, within one year from the effective date of this Order, five hours (0.5 CEUs) of approved continuing pharmacy education relating to medication error prevention, which may not also be used for license renewal. If proof of successful completion is not submitted to the Board office before the end of the probation period, Kevon James Armstrong will remain on probation until this condition is achieved.

(2) Kevon James Armstrong must not violate the drug laws of Ohio, any other state, or the federal government.

(3) Kevon James Armstrong must abide by the rules of the State Board of Pharmacy.

(4) Kevon James Armstrong must comply with the terms of this Order.

(5) 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.

(6) Kevon James Armstrong's license is deemed to be not in good standing until successful completion of the probationary period.

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

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

MOTION CARRIED.

SO ORDERED.

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

2:31 p.m.

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

PER DIEM	2/23	3/8	3/9	3/10	Total
Adelman	-	1	1	1	3
Braylock	1	1	1	1	4
Eastman	-	-	-	-	0
Giacalone	-	1	1	1	3
Gregg	-	1	1	1	3
Kost	-	1	1	1	3
Lipsyc	-	1	1	1	3
Teater	-	1	1	1	3
Turner	-	1	1	1	3

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

2:32 p.m.

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

THE BOARD APPROVED THESE MINUTES

APRIL 6, 2004