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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: exec@bop.state.oh.us |
Minutes Of The Meeting
April 5, 6, 7, 2004
MONDAY, APRIL 5, 2004
10:00 a.m. ROLL CALL
The State Board of Pharmacy convened in Room West-B&C, 31st Floor,
Robert P. Giacalone, R.Ph. (President); Lawrence J. Kost, R.Ph. (Vice-President); Gregory Braylock, R.Ph.; Suzanne R. Eastman, R.Ph.; Elizabeth I. Gregg, R.Ph.; and James E. Turner, R.Ph.
Also present were
10:11 a.m.
Mrs. Gregg moved that the Board go into Executive Session for
the purpose of the investigation of complaints regarding licensees and
registrants pursuant to Section 121.22(G)(1) of the Revised Code and for the
purpose of conferring with an attorney for the Board regarding pending or
imminent court action pursuant to Section 121.22(G)(3) of the Revised
Code. The motion was seconded by
10:49 a.m.
11:15 a.m.
R-2004-166 The
Executive Session ended and the meeting was opened to the public.
R-2004-167
R-2004-168
R-2004-169
R-2004-170
R-2004-171
R-2004-172
R-2004-173
R-2004-174
R-2004-175 SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY
(Docket
No. D-030917-013, D-030917-014 and D-030917-015)
In
The Matter Of:
B.
MILLER PHARMACY
and
THREE RIVERS O.P.T.I.O.N.
CARE, INC.
2171
Forest Hill
(R.Ph.
No. 03-1-12257)
(TDDD No. 02-0084550 and
02-0517450)
This Settlement Agreement is
entered into by and between
Respondents voluntarily enter
into this Agreement being fully informed of all their 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.
Respondents each acknowledge that by entering into this agreement each
has waived all rights under Chapter 119. of the Revised Code.
Whereas, the Board is
empowered by Sections 4729.16 and 4729.57 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,
Whereas, Miller Pharmacy and
Three Rivers O.P.T.I.O.N. Care, Inc. are licensed as Terminal Distributors of
Dangerous Drugs in the State of Ohio.
Whereas, on or about
September 17, 2003, pursuant to Chapter 119. of the Ohio Revised Code,
Respondents were notified of the
allegations or charges against them, their rights to hearings, their rights in
such hearings, and their rights to submit contentions in writing. Respondents requested hearings; they were
scheduled, consolidated and continued.
The September 17, 2003, Notice of
B.
(1) Records of the Board of
Pharmacy indicate that
(2)
(3)
(a) B. Elise Miller twice stated
that she was not practicing pharmacy during the period of her pharmacist's
license lapse;
(b) B. Elise Miller lied to
agents of the Board about the status of the Responsible Pharmacist at
facilities that she owns and that are licensed with the Board as terminal
distributors;
(c) B. Elise Miller lied to an
agent of the Board when she indicated that she submitted her renewal
application during the week of March 17, 2003;
(d) B. Elise Miller lied to an
agent of the Board when she indicated that a Board specialist had approved her
system of managing Synagis dispensings.
Such conduct is in violation
of Section 2921.13 of the Ohio Revised Code.
(4) B. Elise Miller did, on or about dates immediately
preceding March 24, 2003, allow access to the physical confines of the pharmacy
when not under the personal supervision of a pharmacist, to wit: in Three
Rivers O.P.T.I.O.N. Care, Inc. she allowed the lone pharmacist to leave for
lunch breaks or to work elsewhere without coverage by another pharmacist and
without physically securing the pharmacy and its dangerous drug stocks. Such conduct is in violation of Rule
4729-9-11 of the Ohio Administrative Code.
(5) B. Elise Miller did, on or
about the following dates, knowingly make false statements when the statements
were made with purpose to secure the issuance by a governmental agency of a
license, to wit: B. Elise Miller submitted applications to the Board for
renewal of the following terminal distributor of dangerous drugs licenses,
where B. Elise Miller listed herself as a registered pharmacist in the position
of Responsible Pharmacist:
|
02-0084550 |
date signed: 10-01-01 |
|
02-0517450 |
date signed: 10-04-01 |
|
02-0084550 |
date signed: 09-20-02 |
|
02-0517450 |
date signed: 01-02-03 |
Such conduct is in violation
of Section 2921.13 of the Ohio Revised Code.
Miller Pharmacy:
(1) Records of the Board of
Pharmacy indicate that Miller Pharmacy is licensed with the State Board of
Pharmacy as a Terminal Distributor of Dangerous Drugs and
(2) Miller Pharmacy did, from
September 15, 2001, through March 24, 2003, cease to satisfy the qualifications
of a terminal distributor of dangerous drugs as set forth in Section 4729.55 of
the Ohio Revised Code, to wit: the pharmacy did not have a registered
pharmacist in full and actual charge of the pharmacy during this time period,
and adequate safeguards were not assured to prevent the sale or distribution
of dangerous drugs by persons other than a pharmacist or licensed prescriber. Such conduct is in violation of Section
4729.27 of the Ohio Revised Code.
Three Rivers O.P.T.I.O.N. Care, Inc.:
(1) Records of the Board of
Pharmacy indicate that Three Rivers O.P.T.I.O.N. Care, Inc. is licensed with
the State Board of Pharmacy as a Terminal Distributor of Dangerous Drugs and
(2) Three Rivers O.P.T.I.O.N.
Care, Inc. did, from September 15, 2001, through March 24, 2003, while not a
pharmacist or pharmacy intern under the personal supervision of a pharmacist,
compound, dispense, or sell dangerous drugs or otherwise engage in the practice
of pharmacy, to wit: the pharmacy, through its owner, B. Elise Miller, whose
pharmacist license had lapsed, dispensed dangerous drugs and/or practiced
pharmacy. Such conduct is in violation
of Section 4729.28 of the Ohio Revised Code.
(3) Three Rivers O.P.T.I.O.N. Care, Inc. did, from
September 15, 2001, through March 24, 2003, allow access to the physical
confines of the pharmacy when not under the personal supervision of a
pharmacist, to wit: when the lone pharmacist on duty was permitted to leave to
cover for lunch breaks of the pharmacist at Miller Pharmacy, the pharmacy was
left without coverage by another pharmacist and the pharmacy and its dangerous
drug stocks were not physically secured.
Such conduct is in violation of Rule 4729-9-11 of the Ohio Administrative
Code.
(4) Three Rivers O.P.T.I.O.N.
Care, Inc. did, from September 15, 2001, through March 24, 2003, cease to
satisfy the qualifications of a terminal distributor of dangerous drugs as set
forth in Section 4729.55 of the Ohio Revised Code, to wit: the pharmacy did
not have a registered pharmacist in full and actual charge of the pharmacy
during this time period, and adequate safeguards were not assured to prevent
the sale or distribution of dangerous drugs by persons other than a pharmacist
or licensed prescriber. Such conduct is
in violation of Section 4729.27 of the Ohio Revised Code.
(5) Three Rivers O.P.T.I.O.N.
Care, Inc. did, on or about May 3, 2003, and dates subsequent, cease to
satisfy the qualifications of a terminal distributor of dangerous drugs as set
forth in Section 4729.55 of the Ohio Revised Code, to wit: the pharmacy's
Responsible Pharmacist resigned, and was not replaced with another Responsible
Pharmacist. As such, the pharmacy did
not have a registered pharmacist in full and actual charge of the pharmacy
during this time period, and adequate safeguards were not assured to prevent
the sale or distribution of dangerous drugs by persons other than a pharmacist
or licensed prescriber. Such conduct is
in violation of Section 4729.27 of the Ohio Revised Code.
(6) Three Rivers O.P.T.I.O.N.
Care, Inc. did, on or about April 23, 2003, and on dates subsequent, fail to
keep records of the practice of pharmacy subject to inspection by the Board,
and it did fail to make records readily available and/or promptly produce such
records upon the request of a Board of Pharmacy agent, to wit: though an agent
of the Board requested records of drugs dispensed, the pharmacy has failed to
produce the records as requested. Such conduct
is in violation of Section 4729.37 of the Ohio Revised Code and/or Rules
4729-5-27 and 4729-5-28 of the Ohio Revised Code.
Respondents neither admit nor
deny the allegations stated in the Notice of Opportunity for Hearing letters
dated September 17, 2003; however, the Board has evidence sufficient to sustain
the allegations and hereby adjudicates the same.
Wherefore, in consideration
of the foregoing and mutual promises hereinafter set forth, and in lieu of a
formal hearing at this time, Respondents knowingly and voluntarily agree with
the State Board of Pharmacy to the following:
(A) B. Elise Millers’ pharmacist
identification card, No. 03-1-12257, will be suspended for six months from the
effective date of this Agreement.
(B) B. Elise Miller agrees to the
imposition of a monetary penalty of three thousand dollars ($3,000.00), due and
owing within thirty (30) days from the effective date of this Agreement.
(C) Miller Pharmacy agrees to the
imposition of a monetary penalty of three thousand dollars ($3,000.00), due and
owing within thirty (30) days from the effective date of this Agreement.
(D) Three Rivers O.P.T.I.O.N.
Care, Inc. agrees to the imposition of a monetary penalty of seventeen thousand
five hundred dollars ($17,500), due and owing within thirty (30) 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.
Respondents acknowledge that
they have 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
Respondents waive any and all
claims or causes of action they may have against the State of
This Settlement Agreement
shall be considered a public record, as that term is used in Section 149.43 of
the Ohio Revised Code, and shall become effective upon the date of the Board
President’s signature below.
|
/s/ B. Elise Miller |
|
/d/ 3–31–04 |
|
|
B. and Three Rivers O.P.T.I.O.N. Care, Inc. |
|
Date of Signature |
|
|
/s/ |
|
/d/ 4/1/04 |
|
|
|
|
Date of Signature |
|
|
/s/ |
|
/d/ 4/5/04 |
|
|
|
|
Date of Signature |
|
|
/s/ Sally Ann Steuk |
|
/d/ 4–5–04 |
|
|
|
|
Date of Signature |
|
11:35 a.m.
The Board recessed for lunch.
1:10 p.m.
The Board reconvened in Room West-B&C, 31st Floor,
Robert P. Giacalone, R.Ph. (President); Lawrence J. Kost, R.Ph. (Vice-President); Gregory Braylock, R.Ph.; Suzanne R. Eastman, R.Ph.; Elizabeth I. Gregg, R.Ph.; Dorothy S. Teater, Public Member; and James E. Turner, R.Ph.
1:12 p.m.
The Board was joined by
3:10 p.m.
The hearing ended and the record was closed. The Board took a brief recess.
3:16 p.m.
The Board was joined by
3:52 p.m.
The record was closed.
3:55 p.m.
The Board was joined by
4:14 p.m.
The record was closed. The Board took a brief recess.
4:19 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
4:43 p.m.
R-2004-176 The
Executive Session ended and the meeting was opened to the public.
R-2004-177
ORDER OF THE STATE BOARD OF
PHARMACY
(Docket
No. D-031224-049)
In
The Matter Of:
(R.Ph. No. 03-3-11708)
INTRODUCTION
THE MATTER OF TIM IVAN MILLER CAME FOR CONSIDERATION
ON APRIL 5, 2004, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ROBERT P.
GIACALONE, R.Ph. (presiding); GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN,
R.Ph.; ELIZABETH I. GREGG, R.Ph.; LAWRENCE J. KOST, R.Ph.; DOROTHY S. TEATER,
PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.
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 [12-24-03]
1A. Procedural
2. Notarized Statement of
3. Five Drug Audit Accountability Sheets for
Xanax .5 mg, alprazolam .5 mg,
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
December 24, 2003,
(2) As
demonstrated by return receipt dated December 26, 2003, signed by
(3) Tim Ivan
Miller has not responded in any manner to the letter of December 24, 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
(5)
(6)
|
Drug |
Qty |
|
hydrocodone/APAP
10/325 mg |
24 |
|
Anaprox
DS 550 mg |
10 |
|
Celebrex
200 mg |
2 |
|
indomethacin
ER 75 mg |
1 |
|
Promethazine
25 mg |
1 |
|
atenolol
50 mg |
11 |
|
chlorthalidone
50 mg |
3 |
|
Flexeril
10 mg |
1 |
|
Xanax
.5 mg |
4 |
|
fenoprofen
calcium 600 mg |
31 |
|
Unknown |
2 |
Such conduct is in violation of Section 2913.02 of
the Ohio Revised Code.
(7) Tim Ivan Miller did, from June, 2003, through
early August, 2003, with purpose to deprive, knowingly obtain or exert control
over dangerous drugs, the property of Buehler's Pharmacy, beyond the express or
implied consent of the owner, to wit: Tim Ivan Miller admittedly stole between
3 and 8 dosage units of hydrocodone/APAP 5/500 mg per day while working in the
pharmacy. Such conduct is in violation
of Section 2913.02 of the Ohio Revised Code.
(8) Tim Ivan
Miller did, from early August, 2003, through November, 2003, with purpose to
deprive, knowingly obtain or exert control over dangerous drugs, the property
of Buehler's Pharmacy, beyond the express or implied consent of the owner, to
wit: Tim Ivan Miller admittedly stole between 4 and 10 dosage units of
hydrocodone/APAP 10/325 mg per day while working in the pharmacy. 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 (8) 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 (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 (5) 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.
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
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.
03-3-11708, held by
(A)
(B)
Further, after two years from
the effective date of this Order, the Board will consider any petition filed by
(A) Tim Ivan Miller must enter into a contract,
signed within thirty days after the effective date of this Order, with an Ohio
Department of Alcohol and Drug Addiction Services (ODADAS) treatment provider
or a treatment provider acceptable to the Board for a period of not less than
five years and, upon signing, mail a copy of the contract to the Board office. The contract must provide that:
(1) Random, observed urine drug screens shall be conducted at least once
each month.
(a) The urine
sample must be given within twelve hours of notification. The urine drug screen must include testing
for creatinine or specific gravity of the sample as the dilutional standard.
(b) Results of all drug screens must be
negative. Refusal of a drug screen or a
diluted drug screen is equivalent to a positive result. Any positive 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) Tim Ivan
Miller 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) Tim Ivan
Miller must provide, at the reinstatement petition hearing, documentation of
the following:
(1)
Compliance with the contract required above (e.g.-proof of giving the
sample within twelve hours of notification and copies of all drug screen
reports, meeting attendance records, treatment program reports, etc.);
(2)
Compliance with the continuing pharmacy education requirements set forth
in Chapter 4729-7 of the Ohio Administrative Code as applicable and in effect
on the date of petitioning the Board for reinstatement;
(3)
Compliance with the terms of this Order.
(D) If
reinstatement is not accomplished within three years of the effective date of
this Order,
THIS ORDER WAS APPROVED BY A
VOTE OF THE STATE BOARD OF PHARMACY.
MOTION CARRIED.
SO ORDERED.
The motion was seconded by
R-2004-178
ORDER OF THE STATE BOARD OF
PHARMACY
(Docket
No. D-031224-047)
In
The Matter Of:
(R.Ph. No. 03-1-24212)
INTRODUCTION
THE MATTER OF JAMES JOSEPH PARSLEY CAME FOR
CONSIDERATION ON APRIL 5, 2004, BEFORE THE FOLLOWING MEMBERS OF THE BOARD:
ROBERT P. GIACALONE, R.Ph. (presiding); GREGORY BRAYLOCK, R.Ph.; SUZANNE R.
EASTMAN, R.Ph.; ELIZABETH I. GREGG, R.Ph.; LAWRENCE J. KOST, R.Ph.; DOROTHY S.
TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.
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
[12-24-03]
1A-1C. Procedurals
2. Copy of Inventory Log for OxyContin 10 mg
tablets [03-19-03 to 11-14-03]
3. Copy of Inventory Log for OxyContin 20 mg
tablets [10-02-03 to 12-18-03]
4. Copy of two-page Inventory Log for OxyContin
40 mg tablets [10-06-03 to 12-17-03]
5. Copy of Inventory Log for OxyContin 80 mg
tablets [10-20-03 to 12-20-03]
6. Copy of Inventory Log for Oxy IR caps [05-18-01 to 08-09-02]
7.
8.
9.
10.
11. Record of Forged Prescriptions for
OxyContin [06-07-01 to 12-15-03]
12. Six-page copy of fifty-two prescription tags
for forged prescriptions at Kroger Wheelersburg Pharmacy [06-07-01 to 12-18-03]
13. Notarized Statement of
14. Copy of Ohio State Board of Pharmacy
Inventory of Evidence, Case No. 03-2285
[01-05-04]; copy of photograph of drug vials [12-22-03]
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 December
24, 2003,
(2) As
demonstrated by return receipt received by the Board on December 29, 2003, and signed
by
(3) James
Joseph Parsley did not request a hearing in a timely manner pursuant to Chapter
119. of the Ohio Revised Code, therefore the matter was referred to the Board
for consideration.
(4) Records
of the State Board of Pharmacy indicate that
(5) James
Joseph Parsley is addicted to or abusing controlled drugs to such a degree as
to render him unfit to practice pharmacy, to wit: James Joseph Parsley admitted
to being addicted to controlled substances; James Joseph Parsley admitted to
stealing controlled substances for his personal abuse; and, James Joseph
Parsley admitted to forging prescription numbers onto the perpetual inventory
to cover the thefts.
CONCLUSIONS OF LAW
(1) The State
Board of Pharmacy concludes that paragraph (5) of the Findings of Fact constitutes
being guilty of gross immorality as provided in Division (A)(1) of Section
4729.16 of the Ohio Revised Code.
(2) The State
Board of Pharmacy concludes that paragraph (5) of the Findings of Fact constitutes
being guilty of dishonesty and unprofessional conduct in the practice of
pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised
Code.
(3) The State
Board of Pharmacy concludes that paragraph (5) 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
paragraph (5) of the Findings of Fact constitutes being guilty of willfully
violating, conspiring to violate, attempting to violate, or aiding and abetting
the violation of provisions of Chapter 3719. of the Revised Code as provided in
Division (A)(5) of Section 4729.16 of the
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
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.
03-1-24212, held by
(A)
(B)
Further, after five years from the effective date of
this Order, the Board will consider any petition filed by
(A) James Joseph Parsley must enter into a
contract, signed within thirty days after the effective date of this Order,
with an Ohio Department of Alcohol and Drug Addiction Services (ODADAS)
treatment provider or a treatment provider acceptable to the Board for a period
of not less than five years and, upon signing, mail a copy of the contract to
the Board office. The contract must
provide that:
(1) Random,
observed urine drug screens
shall be conducted at least once each month.
(a) The urine
sample must be given within twelve hours of notification. The urine drug screen must include testing
for creatinine or specific gravity of the sample as the dilutional standard.
(b) Results
of all drug screens must be negative.
Refusal of a drug screen or a diluted drug screen is equivalent to a
positive result. Any positive 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) James
Joseph Parsley 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) James
Joseph Parsley must provide, at the reinstatement petition hearing, documentation
of the following:
(1) Payment of full restitution to Kroger.
(2) Taking
and passing, no more than one year prior to his reinstatement hearing, the
North American Pharmacist Licensure Examination (NAPLEX) or an equivalent
examination approved by the Board.
(3)
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.);
(4)
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;
(5)
Compliance with the terms 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
4:46 p.m.
4:47 p.m.
Mrs. Gregg moved that the Board go into Executive Session for
the purpose of the investigation of complaints regarding licensees and
registrants pursuant to Section 121.22(G)(1) of the Revised Code. The motion was seconded by
5:11 p.m.
R-2004-179 The
Executive Session ended and the meeting was opened to the public.
ORDER OF THE STATE BOARD OF
PHARMACY
(Docket
No. D-031106-032)
In
The Matter Of:
(Pharmacy Intern No.
06-0-03324)
INTRODUCTION
THE MATTER OF JOHARI JAMILLE
BRADSHAW CAME FOR HEARING ON APRIL 5, 2004, BEFORE THE FOLLOWING MEMBERS OF THE
BOARD: ROBERT P. GIACALONE, R.Ph. (presiding); SUZANNE R. EASTMAN, R.Ph.;
ELIZABETH I. GREGG, R.Ph.; LAWRENCE J. KOST, R.Ph.; DOROTHY S. TEATER, PUBLIC
MEMBER; AND JAMES E. TURNER, R.Ph.
SUMMARY OF EVIDENCE
State’s
Witnesses
1.
2.
Respondent's
Witnesses
1.
State's Exhibits
1. Copy of Notice of Opportunity For Hearing
letter [11-06-03]
1A-1E. Procedurals
2.
3.
4.
5. Copy of three Practical Experience Affidavits
for
Respondent's
Exhibits
A.
B.
C.
D. Dean’s List Certificate for
E. Character Letter from
F. Character Letter from
G. Character Letter from
H. Employment Verification Letter from
I. Character Letter from
J.
K.
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
(2)
(3)
CONCLUSIONS OF LAW
(1) The State
Board of Pharmacy concludes that paragraphs (2) and (3) 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) and (3) 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)
DECISION OF THE BOARD
Pursuant to Section 4729.16 of the Ohio Revised
Code, and after consideration of the record as a whole, the State Board of
Pharmacy hereby suspends for one year the intern identification card, No.
06-0-03324, held by
(A)
(B)
THIS ORDER WAS APPROVED BY A
VOTE OF THE STATE BOARD OF PHARMACY.
MOTION CARRIED.
SO ORDERED.
The motion was seconded by
5:14 p.m.
The Board meeting recessed until Tuesday, April 6, 2004.
tuesday, april 6, 2004
10:30 a.m. ROLL CALL
The State Board of Pharmacy convened in Room West-B&C, 31st Floor,
Robert P. Giacalone, R.Ph. (President); Lawrence J. Kost, R.Ph. (Vice-President); 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.
After a discussion of the draft minutes from the March 8-10,
2004 meeting,
R-2004-180 The
Board discussed the request from MedCenter Pharmacy for records access outside
of the pharmacy that had been tabled at the February, 2004 meeting. After further discussion regarding the Board
agent’s inspection report,
R-2004-181
There was no report about the Medical Board’s Prescribing Committee.
11:50 a.m.
The Board recessed for lunch.
1:30 p.m.
The Board convened in Room South-A, 31st Floor,
Robert P. Giacalone, R.Ph. (President); Lawrence J. Kost, R.Ph. (Vice-President); 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-2004-182 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
|
|
03-1-26068 |
|
|
|
03-1-26066 |
|
|
|
03-1-26121 |
|
|
|
03-1-26016 |
|
|
PHUONG
LAN DINH |
03-1-26060 |
|
|
JOELLE K. EAGER |
03-1-26071 |
|
|
|
03-1-26106 |
|
|
|
03-1-26120 |
|
|
|
03-1-26110 |
|
|
|
03-1-26053 |
|
|
|
03-1-26069 |
|
|
|
03-1-26112 |
NEW
|
|
|
03-1-26101 |
|
|
|
03-1-26118 |
NEW
|
|
|
03-1-26122 |
|
|
|
03-1-26073 |
|
|
|
03-1-26062 |
|
|
|
03-1-26097 |
|
|
|
03-1-26070 |
|
1:53 p.m.
R-2004-183 The Board reconvened in Room West-B&C. The Board considered a request for an exemption from Rule 4729-5-10 (Pickup station) received from the following sites:
Tri-State Centers for Sight Surgery Ctr. (Pending)
Paragon Specialty Healthcare (02-1066950)
After discussion,
The Board then discussed the election process and various
other issues that were scheduled for the NABP Annual Meeting in
2:34 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
3:33 p.m.
The Executive Session ended. The Board meeting recessed until Wednesday, April 7, 2004.
wednesday, april 7, 2004
8:45 a.m. ROLL CALL
The State Board of Pharmacy convened in Room West-B&C,
31st Floor,
Robert P. Giacalone, R.Ph. (President); Lawrence J. Kost, R.Ph. (Vice-President); 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.
9:08 a.m.
The Board was joined by
11:43 a.m.
The hearing ended and the record was closed. The Board recessed for lunch.
1:11 p.m.
Mr. Turner moved that the Board go into Executive Session for
the purpose of the investigation of complaints regarding licensees and
registrants pursuant to Section 121.22(G)(1) of the Revised Code. The motion was seconded by
1:43 p.m.
R-2004-184 The
Executive Session ended and the meeting was opened to the public.
ORDER OF THE STATE BOARD OF
PHARMACY
(Docket
No. D-031017-024)
In
The Matter Of:
9368
W.S.R. 163
(R.Ph. No. 03-2-12603)
INTRODUCTION
THE MATTER OF ELSEBETH CSIZMADIA-BAUMGARTNER CAME FOR HEARING ON APRIL 7, 2004,
BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ROBERT P. GIACALONE, R.Ph.
(presiding); 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.
ELSEBETH CSIZMADIA-BAUMGARTNER
WAS NOT PRESENT NOR WAS SHE 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
[10-17-03]
1A-1E. Procedurals
2. Order, Disciplinary Counsel v. Elsebeth Baumgartner, a.k.a., Elsebeth
Martha Baumgartner, Case No. 02-2237, Supreme Court of Ohio [09-24-03]; Decision, Disciplinary
Counsel v. Baumgartner, 100 Ohio St. 3d 41, 2003-Ohio-4756 [09-24-03]
3. Findings of Fact, Conclusions of Law and
Recommendation of the Board of Commissioners on Grievances and Discipline of
the Supreme Court of
4. Copy of the Transcript of Proceedings, Disciplinary
Counsel vs. Elsebeth Baumgartner, Case No. 01-86,
Board of Commissioners on Grievances and Discipline of the Supreme Court of
Ohio [09-26-02 and 09-27-02]
5. Complaint by Individual (Falsification) [01-07-02]; Journal Entry [01-30-02]; Judgment Entry, Conviction and
Sentence [07-26-02]; Judgment Entry [not dated]; Judgment Entry [09-23-03]; Order for Arrest and Detention
For Violation of Probation [01-30-04];
Bench Warrant [01-30-04] State of Ohio vs. Elsebeth
Baumgartner, Case No. CRB 020025A,
6. Complaint By Individual (Escape) [01-09-03]; Journal Entry [01-09-03]; Order [01-14-03]; Order [not dated]; Response to Motion of
Defendant [not dated]; Judgment
Entry [not dated]; Judgment Entry,
Conviction and Sentence [04-17-03];
Entry and Order [03-04-03]; Journal
Entry [04-17-03]
7. Copy of two Sandusky Register newspaper
articles [10-21-03 and 03-24-04]; Copy
of two Port Clinton News Herald newspaper articles [03-31-04]
8. Certified copy of an unsigned letter to
9. Certified copy of facsimiles from
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) Records
of the State Board of Pharmacy indicate that
(2) Elsebeth Csizmadia-Baumgartner is
impaired mentally to such a degree as to render her unfit to practice pharmacy,
to wit: the Supreme Court of Ohio has stated: "we share the concern that
respondent, who is apparently also a licensed pharmacist and has no history of
professional disciplinary sanctions, may suffer from some mental illness or
other disability that is compromising her professional judgment and
contributing to the misconduct . . ."
Disciplinary Counsel v. Baumgartner (2003), 100 Ohio St. 3d - 41.
CONCLUSION OF LAW
The State Board of Pharmacy concludes that paragraph
(2) of the Findings of Fact constitutes being impaired mentally to such a
degree as to render her unfit to practice pharmacy as provided in Division
(A)(3) of Section 4729.16 of the Ohio Revised Code.
DECISION OF THE BOARD
Pursuant to Section 4729.16 of the Ohio Revised
Code, and after consideration of the record as a whole, the State Board of
Pharmacy hereby revokes the pharmacist identification card, No. 03-2-12603,
held by Elsebeth Csizmadia-Baumgartner
effective as of the date of the mailing of this Order. Further, the Board suspends the revocation
and suspends indefinitely her identification card pending the following
conditions:
(A)
(B)
(C)
(D)
(1) Proof of
compliance with the licensed psychiatrist’s recommended treatment plan;
(2) A report
from the licensed psychiatrist, mailed directly from the psychiatrist to the
Board office, stating that, in the licensed psychiatrist’s professional
opinion,
(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.
(E) If
reinstatement is not accomplished within three years of the effective date of
this Order,
Further, if
THIS ORDER WAS APPROVED BY A
VOTE OF THE STATE BOARD OF PHARMACY.
MOTION CARRIED.
SO ORDERED.
The motion was seconded by
1:46 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
2:23 p.m.
R-2004-185 The
Executive Session ended and the meeting was opened to the public. Due to the recent changes in the Ohio Revised
Code regarding firearms,
FIREARMS
Pharmacy Board employees shall not carry a weapon on a routine basis. In those situations where the employee believes that carrying a firearm may be necessary, the employee will do so in accordance with Division (C)(1) of Section 2923.12 of the Ohio Revised Code.
Prior to carrying a firearm, the employee must submit written proof to the Board office that the employee has satisfactorily completed a basic firearm training course and has maintained required Ohio Police Officer Training Academy (OPOTA) firearms re-qualification training.
The motion was seconded by
2:25 p.m.
|
PER DIEM |
4/5 |
4/6 |
4/7 |
Total |
|
Adelman |
- |
- |
- |
0 |
|
Braylock |
1 |
1 |
1 |
3 |
|
|
1 |
1 |
1 |
3 |
|
Giacalone |
1 |
1 |
1 |
3 |
|
|
1 |
1 |
1 |
3 |
|
Kost |
1 |
1 |
1 |
3 |
|
Lipsyc |
- |
1 |
1 |
2 |
|
Teater |
1 |
1 |
1 |
3 |
|
Turner |
1 |
1 |
1 |
3 |
The motion was seconded by
2:26 p.m.
|
THE BOARD APPROVED THESE MINUTES MAY 5, 2004 |