Minutes Of The Meeting

Ohio State Board of Pharmacy

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, 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); Gregory Braylock, R.Ph.; Suzanne R. Eastman, R.Ph.; Elizabeth I. Gregg, R.Ph.; and James E. Turner, R.Ph.

 

Also present were William T. Winsley, Executive Director; Timothy Benedict, Assistant Executive Director; 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. 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 Mr. Kost and a roll call vote was conducted by President Giacalone as follows: Braylock-Yes, Eastman-Yes, Gregg-Yes,  Kost-Yes, and Turner-Yes.

10:49 a.m.

Mrs. Teater arrived and joined the Executive Session in progress.

11:15 a.m.

R-2004-166    The Executive Session ended and the meeting was opened to the public.  Mrs. Gregg moved that the Board deny the request for a continuance in the matter of SAKS Distri­buting.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-5/­Nay-0/Abstain-1[Teater]).

 

R-2004-167    Mr. Turner then moved that SAKS Distributing be allowed to withdraw their Application for Registration as a Wholesale Distributor of Dangerous Drugs.  The motion was seconded by Mrs. Gregg and approved by the Board (Aye-5/Nay-0/Abstain-1[Teater]).

 

R-2004-168    Mrs. Gregg moved that the hearing in the joint matters of Teregen Labs and Christopher Kiel, R.Ph. be continued.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-5/Nay-0/Abstain-1[Teater]).

 

R-2004-169    Ms. Eastman moved that the Board approve the request by DeLinda McDaniel, R.Ph. for an extension of time to pay the fine levied by the Board in her Board Order with the modification that the fine is to be paid in full by the end of the probation period.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-5/Nay-0/Abstain-1[Teater]).

 

R-2004-170    Mr. Turner moved that the Board deny the requested adjustment to the settlement offer under discussion in the matter of Stephen Summers R.Ph. and that the only settlement acceptable to the Board would be the terms previously discussed.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-5/Nay-0/Abstain-1[Teater]).

 

R-2004-171    Mr. Braylock moved that the Board deny the requested adjustment to the settlement offer under discussion in the matter of Elaine Woll R.Ph. and that the only settlement acceptable to the Board would be the terms previously discussed.  The motion was seconded by Mr. Turner and approved by the Board (Aye-5/Nay-0/Abstain-1[Teater]).

 

R-2004-172    Mr. Kost moved that the Board deny the settlement offer received in the matter of Jeffrey Allen Iserman, R.Ph. and that the hearing be held as scheduled.  The motion was seconded by Mrs. Gregg and approved by the Board (Aye-6/Nay-0).

 

R-2004-173    Mr. Turner moved that the Board deny the settlement offer received in the matter of Richard Berning and that the hearing be held as scheduled.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-6/Nay-0).

 

R-2004-174    Mrs. Gregg moved that the Board deny the request for reconsideration of the Board’s Order in the matter of PSS World Medical, but that the Board, making note of the fact that PSS World Medical had filed a new application, would allow that new application to proceed through the normal licensing process.  The motion was seconded by Mrs. Teater and approved by the Board (Aye-6/Nay-0).

 

Mr. Winsley announced that the settlement agreement in the matters of B. Elise Miller, R.Ph., Miller Pharmacy, and Three Rivers O.P.T.I.O.N. Care, Inc. had been signed by all parties and became effective as of the date of the signature of the Board President:

 

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. ELISE MILLER, R.Ph.

MILLER PHARMACY

and

THREE RIVERS O.P.T.I.O.N. CARE, INC.

2171 Forest Hill

Coshocton, Ohio 43812

(R.Ph. No. 03-1-12257)

(TDDD No. 02-0084550 and 02-0517450)

 

This Settlement Agreement is entered into by and between B. Elise Miller, Miller Pharmacy and Three Rivers O.P.T.I.O.N. Care, Inc. (hereinafter referred to as “Respondents”) and the Ohio State Board of Pharmacy, a state agency charged with enforcing the Pharmacy Practice Act and Dangerous Drug Distribution Act, Chapter 4729. of the Ohio Revised Code.

 

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, B. Elise Miller is licensed to practice pharmacy in the State of Ohio.

 

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 Opportunity for Hearing letters contain the following allega­tions or charges:

 

B. Elise Miller:

 

(1)    Records of the Board of Pharmacy indicate that B. Elise Miller was originally licensed in the State of Ohio as a pharmacist on March 6, 1978, pursuant to ex­amination and that her license expired on September 15, 2001.  Records further reflect during the relevant time periods stated herein, B. Elise Miller was indicated as the Responsible Pharmacist at Miller Pharmacy.

 

(2)    B. Elise Miller did, from September 15, 2001, through March 24, 2003, while not a reg­is­tered pharmacist or pharmacy intern under the supervision of a registered phar­ma­cist, practice pharmacy, to wit: after B. Elise Miller’s license to practice pharmacy lapsed, she admittedly continued to practice pharmacy and dispense dangerous drugs.  Such con­duct is in violation of Section 4729.28 of the Ohio Re­vised Code.

 

(3)    B. Elise Miller did, on or about March 24, 2003, and on occasions previous there­to, knowingly make false statements when the statements were made with pur­pose to mislead a public official in performing the public official's official func­tion, to wit: B. Elise Miller repeatedly lied to Board of Pharmacy specialists and agents as follows:

 

(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 James H. Sycks, R.Ph. is the Responsible Pharmacist pursuant to Rule 4729-5-11 of the Ohio Admini­stra­tive Code and Sections 4729.27 and 4729.55 of the Ohio Revised Code.

 

(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 B. Elise Miller is  the owner of Three Rivers O.P.T.I.O.N. Care, Inc.

 

(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 Ohio Revised Code.

 

Respondents waive any and all claims or causes of action they may have against the State of Ohio or the Board, and members, officers, employees, and/or agents of either, arising out of matters which are the subject of this Agreement.  Respondents waive any rights of appeal pursuant to Chapter 119. of the Ohio Revised Code.

 

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. Elise Miller, individually and on behalf of Miller Pharmacy and Three Rivers O.P.T.I.O.N. Care, Inc.		Date of Signature
/s/         Michael L Close		/d/    4/1/04
Michael L. Close, Attorney for Respondent		Date of Signature
/s/         Robert P. Giacalone		/d/    4/5/04
Robert P. Giacalone, President, Ohio State Board of Pharmacy		Date of Signature
/s/         Sally Ann Steuk		/d/    4–5–04
Sally Ann Steuk, Ohio Assistant Attorney General		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, 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); 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 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 Johari Jamille Bradshaw, Pharmacy Intern, Cincinnati.  Mr. Braylock recused himself from the hearing and the resulting deliberations.

  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 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 James Joseph Parsley, R.Ph., Wheelersburg.

  3:52 p.m.

The record was closed.

  3:55 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 Tim Ivan Miller, R.Ph., West Lafayette.

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

 4:43 p.m.

R-2004-176    The Executive Session ended and the meeting was opened to the public.  Mrs. Gregg moved that the Board deny the request for a continuance in the matter of Elsebeth Csizmadia-Baumgartner, R.Ph. and that the hearing be held as scheduled.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-6/Nay-0).

 

R-2004-177    Mr. Kost moved that the Board adopt the following Order in the matter of Tim Ivan Miller, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-031224-049)

 

In The Matter Of:

 

TIM IVAN MILLER, R.Ph.

660 East Russell Avenue

West Lafayette, Ohio 43845

(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.

 

TIM IVAN MILLER WAS NOT PRESENT NOR WAS HE REPRESENTED BY COUNSEL AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

SUMMARY OF EVIDENCE

State’s Witnesses

 

1.  David Gallagher, Ohio State Board of Pharmacy

 

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 Tim I. Miller  [12-05-03]

3.  Five Drug Audit Accountability Sheets for Xanax .5 mg, alprazolam .5 mg, Norco 10/325 mg, hydrocodone/APAP 10/325, and hydrocodone/APAP 5/500 mg at Buehler’s Phar­macy  [03-02-04]

 

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, Tim Ivan Miller was notified by letter of his right to a hearing, his rights in such hearing, and his right to submit any contentions in writing.

 

(2)  As demonstrated by return receipt dated December 26, 2003, signed by Debbi Miller, Tim Ivan Miller received the letter of December 24, 2003, informing him of the allegations against him and his rights.

 

(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 Tim Ivan Miller was origi­nally licensed by the State of Ohio as a pharmacist on August 4, 1976, pursuant to examination, and that his license to practice pharmacy in Ohio was summarily sus­pended effective December 24, 2003.

 

(5)  Tim Ivan Miller is abusing controlled substances and/or physically or mentally impaired to such a degree as to render him unfit to practice pharmacy, to wit: Tim Ivan Miller has admitted to stealing and abusing hydrocodone; and, Tim Ivan Miller has admitted to abusing drugs to help him deal with stress and depression.  Such conduct indicates that Tim Ivan Miller falls within the ambit of Section 4729.16(A)(3) of the Ohio Revised Code.

 

(6)  Tim Ivan Miller did, from November 26, 2003, through November 28, 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 was caught leaving the store after having stolen the following drugs:

 

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 Tim Ivan Miller on December 24, 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. 03-3-11708, held by Tim Ivan Miller and such suspension is effective as of the date of the mailing of this Order.

 

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

 

Further, after two years from the effective date of this Order, the Board will consider any petition filed by Tim Ivan Miller 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)  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, Tim Ivan Miller 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 Mrs. Gregg and approved by the Board (Aye-6/Nay-0).

 

R-2004-178    Mr. Braylock moved that the Board adopt the following Order in the matter of James Joseph Parsley, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-031224-047)

 

In The Matter Of:

 

JAMES JOSEPH PARSLEY, R.Ph.

2223 Concord Drive

Wheelersburg, Ohio 45694

(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.

 

JAMES JOSEPH PARSLEY WAS NOT PRESENT NOR WAS HE REPRESENTED BY COUNSEL AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

SUMMARY OF EVIDENCE

State’s Witnesses

 

1.  Kevin J. Kinneer, Ohio State Board of Pharmacy

 

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.  Ohio State Board of Pharmacy Drug Audit Accountability Sheet for OxyContin 10 mg  [03-23-04]

8.  Ohio State Board of Pharmacy Drug Audit Accountability Sheet for OxyContin 20 mg  [03-23-04]

9.  Ohio State Board of Pharmacy Drug Audit Accountability Sheet for OxyContin 40 mg  [03-23-04]

10.  Ohio State Board of Pharmacy Drug Audit Accountability Sheet for OxyContin 80 mg  [03-23-04]

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 Stephen Burson  [12-24-03]

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, James Joseph Parsley was notified by letter of his right to a hearing, his rights in such hearing, and his right to submit any contentions in writing.

 

(2)  As demonstrated by return receipt received by the Board on December 29, 2003, and signed by Pamela Jane Parsley, James Joseph Parsley received the letter of December 24, 2003, informing him of the allegations against him and his rights.

 

(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 James Joseph Parsley was originally licensed by the State of Ohio as a pharmacist on August 1, 2000 pursuant to examination, and that his license to practice pharmacy was summarily suspended effective December 24, 2003.

 

(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.  James Joseph Parsley indicated to a Board agent that he has been stealing controlled substances for three to four years; James Joseph Parsley has, for the pre­vious six months, been consuming up to 200 mg of OxyContin every 30 minutes to an hour.  James Joseph Parsley also indicated that approximately a year and a half ago, he had been taking 80 tablets of Norco 10/325 mg each day, 20 tablets of which he would take each morning "just to get going."  Such conduct indicates that James Joseph Parsley falls within the ambit of Sections 3719.121 and 4729.16(A)(3) of the Ohio Revised Code.

 

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 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 James Joseph Parsley on December 24, 2003.

 

Pursuant to Section 4729.16 of the Ohio Revised Code, and after consideration of the record as a whole, the State Board of Pharmacy hereby suspends indefinitely the pharmacist identi­fication card, No. 03-1-24212, held by James Joseph Parsley and such suspension is effec­tive as of the date of the mailing of this Order.

 

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

 

Further, after five years from the effective date of this Order, the Board will consider any petition filed by James Joseph Parsley 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)  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 Mr. Turner and approved by the Board (Aye-5/Nay-1).

  4:46 p.m.

Mr. Braylock left the meeting.

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

  5:11 p.m.

R-2004-179    The Executive Session ended and the meeting was opened to the public.  Mrs. Gregg moved that the Board adopt the following Order in the matter of Johari Jamille Bradshaw, Pharmacy Intern:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-031106-032)

 

In The Matter Of:

 

JOHARI JAMILLE BRADSHAW

2128 A Gilbert Avenue

Cincinnati, Ohio 45206

(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.

 

JOHARI JAMILLE BRADSHAW WAS REPRESENTED BY ELIZABETH Y. COLLIS AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

SUMMARY OF EVIDENCE

State’s Witnesses

 

1.  Richard Haun, Ohio State Board of Pharmacy

2.  Timothy J. Benedict, R.Ph., Ohio State Board of Pharmacy

 

Respondent's Witnesses

 

1.  Johari Jamille Bradshaw, Respondent

 

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 Johari Bradshaw  [04-20-02 to 02-27-04]

 

Respondent's Exhibits

 

A.

B.  Entry: Discharge  [04-01-03]

C.  University of Cincinnati Transcript for Johari J. Bradshaw  [03-02-04]

D.  Dean’s List Certificate for Johari Bradshaw  [01-12-04]

E.  Character Letter from Daniel Acosta, Jr., Ph.D.  [11-13-03]

F.  Character Letter from Robert E. Lee, Ph.D.  [11-17-03]

G.  Character Letter from Bengy Mitchell  [03-08-04]

H.  Employment Verification Letter from Michael Calli, R.Ph., PHR  [03-03-04]

I.   Character Letter from Jerry Rucker, R.Ph.  [03-04-04]

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 Johari Jamille Bradshaw was originally licensed by the State of Ohio as a pharmacy intern on June 18, 2001.

 

(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 Johari Jamille Bradshaw and such suspension is effective as of the date of the mailing of this Order.

 

(A)  Johari Jamille Bradshaw, 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)  Johari Jamille Bradshaw, 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.

 

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-5/Nay-0).

  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, 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); 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, Mrs. Gregg moved that they be approved as amended.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-7/Nay-0).

 

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

 

R-2004-181    Mr. Keeley then presented a revision to Ohio Northern University’s Immunization courses for students and pharmacists.  After discussion, Mr. Turner moved that the Board approve the revisions to both courses.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-7/Nay-0).

 

Mr. Keeley discussed his Budget Report with the Board.

 

Mr. Keeley discussed his Legislative Report with the Board.

 

Mr. Braylock reported that the Nursing Board’s Committee on Prescriptive Governance had not met since the last Board meeting.

 

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, 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:

 

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 Mr. Keeley and were then presented with their pharmacist identification cards.

 

JILL L. AGOSTONI	03-1-26068	PENNSYLVANIA
CHARLOTTE JEAN BYRD	03-1-26066	TEXAS
THOMAS M. CORDEIRO	03-1-26121	MASSACHUSETTS
WILLIAM THOMAS CROW	03-1-26016	NEBRASKA
PHUONG LAN DINH	03-1-26060	TEXAS
JOELLE K. EAGER	03-1-26071	INDIANA
JEFFREY MICHAEL GERAK	03-1-26106	MICHIGAN
BARBARA DANIEL GOPPOLD	03-1-26120	PENNSYLVANIA
THOMAS A. KELLENBERGER	03-1-26110	MINNESOTA
LISA ANN FARR-LADD	03-1-26053	INDIANA
JAMES RUDOLPH MARTINEK	03-1-26069	ILLINOIS
RICHARD A. PALOMBO	03-1-26112	NEW JERSEY
DALE ALLEN PARSONS	03-1-26101	WEST VIRGINIA
LAWRENCE W. PIEZZO	03-1-26118	NEW JERSEY
CELESTE OPHELIA PLAYER	03-1-26122	MISSOURI
ALYSSA LORELLE ROBINSON	03-1-26073	MICHIGAN
STEVE VINCENT SALKIE	03-1-26062	INDIANA
SCOTT DOUGLAS TINGLER	03-1-26097	TENNESSEE
JAMIE ANN WYSE	03-1-26070	MISSOURI

  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, 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).

 

The Board then discussed the election process and various other issues that were scheduled for the NABP Annual Meeting in Chicago later in the month.  There were no issues requiring official action by the Board.

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

  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, 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); 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 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 Elsebeth Csizmadia-Baumgartner, R.Ph., Oak Harbor.

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

  1:43 p.m.

R-2004-184    The Executive Session ended and the meeting was opened to the public.  Ms. Eastman moved that the Board adopt the following Order in the matter of Elsebeth Csizmadia-Baumgartner, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-031017-024)

 

In The Matter Of:

 

ELSEBETH CSIZMADIA-BAUMGARTNER, R.Ph.

9368 W.S.R. 163

P. O. Box 386

Oak Harbor, Ohio 43449

(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 OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

SUMMARY OF EVIDENCE

State’s Witnesses

 

1.  Lori J. Brown, State of Ohio Disciplinary Counsel

 

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 Ohio, In re: Complaint against Elsebeth M. Baumgartner, Case No. 01-86  [12-30-02]

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, Ottawa County Municipal Court

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 David Rowland from Elsebeth Baumgartner, R.Ph., J.D.  [04-05-04]; Copy of eight computer e-mail letters  [04-05-04 to 04-07-04]

9.  Certified copy of facsimiles from Elsebeth Csizmadia-Baumgartner for Motion to Dismiss, Motion in Limine, Motion to Disqualify,  Praecipe, Motion to Compel Witness and Exhibit List, Objections of Respondent  [04-06-04 and 04-07-04]

 

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 Elsebeth Csizmadia-Baumgartner was originally licensed by the State of Ohio as a pharmacist on August 9, 1978, pursuant to examination, and is currently licensed to practice pharmacy in Ohio.

 

(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)  Elsebeth Csizmadia-Baumgartner, 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)  Elsebeth Csizmadia-Baumgartner, 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.

 

(C)  Elsebeth Csizmadia-Baumgartner must obtain, within one hundred twenty (120) days after the effective date of this Order, a full psychiatric evaluation by a psychia­trist licensed to practice in Ohio and must abide by the treatment plan as designed by that psychiatrist.  The psychiatrist must provide an initial status report, which includes the recommended treatment plan, directly to the Board office within ten days after completing the assessment.

 

(D)  Elsebeth Csizmadia-Baumgartner may request a reinstatement hearing after one hundred twenty (120) days from the date of this Order.  Elsebeth Csizmadia-Baumgartner must appear in person before the Board at that hearing and she must provide all of the following:

 

(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, Elsebeth Csizmadia-Baumgartner is fit to return to the practice of phar­macy and is fit to effectively deal with the people involved in the practice of pharmacy.

 

(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, Elsebeth Csizmadia-Baumgartner must show successful completion of the North American Pharmacist Licensure Examination (NAPLEX) or an equivalent examination approved by the Board.

 

Further, if Elsebeth Csizmadia-Baumgartner does not obtain the required psychiatric evalua­tion within the one hundred twenty (120) day period, her license to practice pharmacy in Ohio will be permanently revoked.

 

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-7/Nay-0).

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

  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, Mr. Turner moved that the Board rescind Res. 92-151 and adopt the following policy:

 

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

  2:25 p.m.

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

 

PER DIEM	4/5	4/6	4/7	Total
Adelman	-	-	-	0
Braylock	1	1	1	3
Eastman	1	1	1	3
Giacalone	1	1	1	3
Gregg	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 Mr. Braylock and approved by the Board (Aye-7/Nay-0).

  2:26 p.m.

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