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

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

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

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

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

Minutes Of The Meeting

Ohio State Board of Pharmacy

September 13, 14, 15, 2004

MONDAY, SEPTEMBER 13, 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:

Lawrence J. Kost, R.Ph. (President); Suzanne R. Eastman, R.Ph. (Vice-President); Gregory Braylock, R.Ph.; Elizabeth I. Gregg, R.Ph.; Nathan S. Lipsyc, R.Ph.; Kevin J. Mitchell, R.Ph.; Dorothy S. Teater, Public Member; and James E. Turner, R.Ph.

Also present were William T. Winsley, Executive Director; Timothy Benedict, Assistant Executive Director; William McMillen, Licensing Administrator; Mark Keeley, Legislative Affairs Administrator; Robert Cole, Compliance Supervisor; David Rowland, Legal Affairs Administrator; and Sally Ann Steuk, Assistant Attorney General.

10:05 a.m.

Mr. Rowland announced that the following settlement agreement in the matter of Tricare Network Pharmacy had been signed by all parties and was now effective:

R-2005-027

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. 031119-036)

In the Matter of:

TRICARE PHARMACY NETWORK, LLC

c/o Gary Harris, R.Ph.

1517 Nicholasville Road, Suite 404

Lexington, Kentucky 40503

(Terminal Distributor No. 02-1309100)

This settlement agreement is entered into by and between Tricare Pharmacy Network, LLC 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.

Tricare Pharmacy Network, LLC enters into this agreement being fully informed of its 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, the right to appeal. Tricare Pharmacy Network, LLC acknowledges that by entering into this agreement it has waived its rights under Chapter 119. of the Revised Code.

Whereas, the Ohio State Board of Pharmacy is empowered by Section 4729.57 of the Ohio Revised Code to suspend, revoke, refuse to renew any license issued to a terminal distributor of dangerous drugs pursuant to section 4729.54 of the Revised Code, or may impose a monetary penalty on the license holder, for violation of any of the enumerated grounds of Section 4729.57 of the Ohio Revised Code.

WHEREAS, Tricare Pharmacy Network, LLC is a licensed terminal distributor of dangerous drugs in the State of Ohio.

WHEREAS, on or about November 19, 2003, pursuant to Chapter 119. of the Ohio Revised Code, Tricare Pharmacy Network, LLC was notified of the allegations or charges against it, its right to a hearing, its rights in such hearing, and its right to submit contentions in writing. A hearing was scheduled. The November 19, 2003, Notice of Opportunity for Hearing contains the following allegations or charges:

(1) Records of the Board of Pharmacy indicate that Tricare Pharmacy Network, LLC is licensed by the State of Ohio as a Terminal Distributor of Dangerous Drugs and Gary Harris, 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) Tricare Pharmacy Network, LLC did, on or about the following dates, sell a new drug without having an application with respect to the drug effective under Section 505 of the Federal Food, Drug, and Cosmetic Act, to wit: the pharmacy sold the following dangerous drugs into the State of Ohio without obtaining patient-specific orders for the products:

Drug	Qty	Date Order Placed	Date Received
sincalide 5 mcg sincalide 3 mcg methylprednisolone acetate 10 ml 80 mg/ml betamethasone acetate sodium phosphate 10 ml 6 mg Nicotine Lollipops 2 mg Nicotine Lollipops 2 mg methylprednisolone acetate 5 ml 40 mg/ml Depo-Testosterone 10 ml 200 mg/ml albuterol/ipratropium 3.2 ml .249%/0.05% Nicotine Lollipops 2 mg sincalide 5 mcg Nicotine Lollipops 2 mg sincalide 5 mcg Nicotine Lollipops 2 mg	70 10 5 5 12 4 5 2 50 18 10 18 5 12	07/30/02 09/04/02 09/09/02 09/09/02 09/09/02 10/07/02 10/15/02 10/15/02 10/15/02 10/15/02 10/16/02 10/16/02 01/07/03 01/07/03	07/31/02 09/05/02 09/10/02 09/10/02 09/10/02 10/10/02 10/17/02 10/17/02 10/17/02 10/17/02 10/17/02 10/17/02 01/08/03 01/08/03

Such conduct is in violation of Section 3715.65 of the Ohio Revised Code.

(3) Tricare Pharmacy Network, LLC did, on or about the following dates, knowingly make or affix a false or forged label to a receptacle containing dangerous drugs, to wit: the pharmacy sold dangerous drugs in containers having labels containing names of fictitious patients attached thereto:

Drug	Qty	Date Order Placed	Date Received
sincalide 5 mcg sincalide 3 mcg methylprednisolone acetate 10 ml 80 mg/ml betamethasone acetate sodium phosphate 10 ml 6 mg Nicotine Lollipops 2 mg Nicotine Lollipops 2 mg methylprednisolone acetate 5 ml 40 mg/ml Depo-Testosterone 10 ml 200 mg/ml albuterol/ipratropium 3.2 ml .249%/0.05% Nicotine Lollipops 2 mg sincalide 5 mcg Nicotine Lollipops 2 mg sincalide 5 mcg Nicotine Lollipops 2 mg	70 10 5 5 12 4 5 2 50 18 10 18 5 12	07/30/02 09/04/02 09/09/02 09/09/02 09/09/02 10/07/02 10/15/02 10/15/02 10/15/02 10/15/02 10/16/02 10/16/02 01/07/03 01/07/03	07/31/02 09/05/02 09/10/02 09/10/02 09/10/02 10/10/02 10/17/02 10/17/02 10/17/02 10/17/02 10/17/02 10/17/02 01/08/03 01/08/03

A Tricare Pharmacy Network, LLC pharmacist indicated to an agent of the Board that the pharmacy would "make up names" if such were not provided and such conduct is in violation of Section 2925.23 (D) of the Ohio Revised Code.

(4) Tricare Pharmacy Network, LLC did, on or about the following dates, compound and sell prescription drugs when not pursuant to specific orders for individual patients issued by prescribers and not in limited quantities in anticipation of prescription drug orders based on routine, regularly observed prescribing patterns, to wit: the pharmacy compounded and dispensed the following prescriptions:

Drug	Qty	Date Order Placed	Date Received
sincalide 5 mcg sincalide 3 mcg methylprednisolone acetate 10 ml 80 mg/ml betamethasone acetate sodium phosphate 10 ml 6 mg Nicotine Lollipops 2 mg Nicotine Lollipops 2 mg methylprednisolone acetate 5 ml 40 mg/ml Depo-Testosterone 10 ml 200 mg/ml albuterol/ipratropium 3.2 ml .249%/0.05% Nicotine Lollipops 2 mg sincalide 5 mcg Nicotine Lollipops 2 mg sincalide 5 mcg Nicotine Lollipops 2 mg	70 10 5 5 12 4 5 2 50 18 10 18 5 12	07/30/02 09/04/02 09/09/02 09/09/02 09/09/02 10/07/02 10/15/02 10/15/02 10/15/02 10/15/02 10/16/02 10/16/02 01/07/03 01/07/03	07/31/02 09/05/02 09/10/02 09/10/02 09/10/02 10/10/02 10/17/02 10/17/02 10/17/02 10/17/02 10/17/02 10/17/02 01/08/03 01/08/03

Such conduct is in violation of Rule 4729-9-21 of the Ohio Revised Code.

Tricare Pharmacy Network, LLC denies the allegations stated in the Notice of Opportunity for Hearing letter dated November 19, 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, Tricare Pharmacy Network, LLC knowingly and voluntarily agrees with the State Board of Pharmacy to the following:

(A) Tricare Pharmacy Network, LLC agrees to the imposition of a monetary penalty of four thousand dollars ($4,000.00) 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.

(B) Tricare Pharmacy Network, LLC’s Ohio Terminal Distributor license, No. 02-1309100, is hereby suspended for one (1) month and such suspension is effective as of the date of the mailing of this Agreement.

Tricare Pharmacy Network, LLC acknowledges that it has had an opportunity to ask questions concerning the terms of this agreement and that all questions asked have been answered in a satisfactory manner. Any action initiated by the Board based on alleged violation of this Agreement shall comply with the Administrative Procedure Act, Chapter 119. of the Ohio Revised Code.

Tricare Pharmacy Network, LLC waives any and all claims or causes of action it 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. Tricare Pharmacy Network, LLC waives any rights of appeal pursuant to Chapter 119. of the Ohio Revised Code.

This agreement embodies the entire agreement between and of the parties. There are no express or implied promises, guarantees, terms, covenants, conditions, or obligations other than those contained herein; and this agreement supersedes all previous communications, representations or agreements, either verbal or written, between the parties.

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/         Gary Harris	/d/    8/3/04
Gary Harris, R.Ph. for Tricare Pharmacy Network, LLC	Date of Signature
/s/         K P Byers	/d/    8/6/04
Kevin P. Byers, Attorney for Respondent	Date of Signature
/s/         Lawrence J. Kost	/d/    9/13/04
Lawrence J. Kost, President, Ohio State Board of Pharmacy	Date of Signature
/s/         Sally Ann Steuk	/d/    9–14–04
Sally Ann Steuk, Ohio Assistant Attorney General	Date of Signature

10:06 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. Braylock and a roll call vote was conducted by President Kost as follows: Braylock-Yes, Eastman-Yes, Gregg-Yes, Lipsyc-Yes, Mitchell-Yes, Teater-Yes, and Turner-Yes.

10:12 a.m.

Board member Robert Giacalone arrived and joined the Executive Session in progress.

11:06 a.m.

R-2005-028 The Executive Session ended and the meeting opened to the public. Mr. Turner moved that the Board approve the settlement offer presented in the matter of Delbert Brown as amended by the Board. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-7/Nay-0/Abstain-1[Giacalone]).

R-2005-029 Mrs. Gregg then moved that the Board deny the request for a continuance in the matter of Jason Reip and that the hearing be held as scheduled. The motion was seconded by Mrs. Teater and approved by the Board (Aye-8/Nay-0).

After considering a letter received from the attorney representing Dennis White, R.Ph., the Board members determined that no settlement had been offered and, therefore, no official action by the Board was required.

R-2005-030 Mr. Turner moved that the Board refuse the settlement offer submitted in the matter of Richard Sweet, R.Ph. and that the hearing be held as scheduled. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

A request from Robert Berkowitz, R.Ph. that the Board clarify an issue relating to his Board Order was discussed and then tabled until the October meeting to allow Board staff to research the matter in greater detail.

R-2005-031 Mr. Braylock then moved that the Board summarily suspend the license to practice pharmacy belonging to Gary Nicholas Sass, R.Ph. (03-1-18015) due to the fact that a continuation of his professional practice presents a danger of immediate and serious harm to others. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

11:10 a.m.

The Board took a brief recess.

11:16 a.m.

R-2005-032 The meeting resumed. The Board reviewed a policy statement issued by the Ohio Department of Job and Family Services (ODJFS) regarding the issue of mandated tablet splitting for Ohio Medicaid recipients. After discussion, Mr. Turner moved that the Board indicate their opposition to such a policy as it would create a potential patient safety hazard. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0). Board staff was instructed to prepare a letter to be sent to ODJFS informing them of the Board’s deep concern for the patient safety hazards such a policy would present.

R-2005-033 The Board considered a request for an exemption from Rule 4729-5-10 (Pick-up station) received from the following sites:

Summa Health Systems/Akron City Campus (02-0726250)

Central Admixture Pharmacy Services (02-1312700)

After discussion, Mr. Giacalone moved that the Board approve the request. The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

R-2005-034 The Board next considered a request for an exemption from Rule 4729-5-10 (Pick-up station) received from the following sites:

Summa Health Systems/St. Thomas Campus (02-0726300)

Central Admixture Pharmacy Services (02-1312700)

After discussion, Mrs. Gregg moved that the Board approve the request. The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

R-2005-035 The Board then considered a request for an exemption from Rule 4729-5-10 (Pick-up station) received from the following sites:

Teregen Labs (02-1235150)

Numerous Physician Offices noted on the letter of request

After discussion, Mr. Turner moved that the Board approve the request. The motion was seconded by Ms. Eastman and approved by the Board (Aye-6/Nay-2).

R-2005-036 Mr. McMillen presented a request for approval as a provider of continuing pharmacy education (CPE) from the Ohio State Health Network/Columbus. After discussion, Mr. Braylock moved that the Board approve the Ohio State Health Network as a Board Approved In-State Provider of CPE. The motion was seconded by Mr. Mitchell and approved by the Board (Aye-8/Nay-0).

Mr. Winsley distributed the NABP Task Force and Committee list of appointments to the Board members for their information. No official action of the Board was required.

12:01 p.m.

The Board recessed for lunch.

1:38 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 all members present.

1:39 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 Thomas Allen Scott, R.Ph., Portsmouth.

3:04 p.m.

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

3:18 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 Todd C. LaTour, R.Ph., Cincinnati.

6:37 p.m.

The hearing ended and the record was closed.

6:39 p.m.

The Board meeting was recessed until Tuesday, September 14, 2004.

TUESDAY, SEPTEMBER 14, 2004

8:00 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:

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

R-2005-037 Mr. Winsley distributed the letter that was to be sent to ODJFS regarding the tablet splitting issue to the Board members for their review prior to its mailing. There were no changes suggested by the Board members and the members agreed that it should be mailed as soon as possible.

Mr. Keeley distributed a set of recommendations from the Ad Hoc Committee on Rule Review for the Board to review prior to the October meeting. Several proposed rule changes were discussed. The Board will need to take final action on these rules at the October meeting.

R-2005-038 Mr. Keeley then presented a request from the American Pharmaceutical Association (APhA) for approval of their revised immunization program. After discussion, Mrs. Gregg moved that the program be approved as of its revision date of October 1, 2003. The motion was seconded by Mr. Giacalone and approved by the Board (Aye-8/Nay-0).

8:55 a.m.

The Board took a brief recess.

9:07 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 John David Campbell, R.Ph., Nashport. Mr. Mitchell recused himself from the hearing and the resulting deliberations by the Board.

11:40 a.m.

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

11:54 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 Jason Matthew Reip, Pharmacy Intern, Westlake. President Kost recused himself from the hearing and Vice-President Eastman assumed the chair.

12:25 p.m.

The hearing ended and the record was closed. President Kost returned to chair the meeting.

12:30 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. Turner and a roll call vote was conducted by President Kost as follows: Braylock-Yes, Eastman-Yes, Giacalone-Yes, Gregg-Yes, Lipsyc-Yes, Mitchell-Yes, Teater-Yes, and Turner-Yes.

1:30 p.m.

While the Executive Session continued, Mr. McMillen met with the candidates for licensure by reciprocity in Room South-A, 31st Floor, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio.

R-2005-039 Following self-introductions by the candidates for licensure by reciprocity, the following candidates participated in a discussion of pharmacy laws and rules with Mr. McMillen and were then presented with their pharmacist identification cards.

JACQUELINE MARIE ARGENZIANO	03-2-26521	PENNSYLVANIA
CHARLES JAY BEYER	03-2-26510	INDIANA
CHARLES BOAMAH	03-2-26498	MARYLAND
MICHAEL ANTHONY CHRISTIE	03-2-26530	MICHIGAN
MICHAEL DEWAYNE COX	03-2-26536	NEW YORK
JAMES T. DOYLE	03-2-26535	WEST VIRGINIA
JUNE MAY ELFTMAN	03-2-26511	TENNESSEE
TIMOTHY GREGORY FREDA	03-2-26534	PENNSYLVANIA
JOHN DAVID MARL	03-2-26540	WEST VIRGINIA
KEVIN DANIEL MCCLOUD	03-2-26529	WEST VIRGINIA
SHEELA BHAVINKUMAR MEGHAPARA	03-2-26516	NEW JERSEY
MELISSA ANNE OEHLING	03-2-26537	PENNSYLVANIA
MICHAEL CLARK OTT	03-2-26533	NEW YORK
MARY JANE PETERMAN	03-2-26268	MICHIGAN
MICHAEL DOUGLAS ROSTA	03-2-26518	NEW JERSEY
KARLA MARIE SHANESY	03-2-26538	WEST VIRGINIA
JASON E. SHULUGA	03-2-26523	ARIZONA
DENNIS LEE SINCLAIR	03-2-26479	PENNSYLVANIA
CLAYTON LEROY UBER, III	03-2-26528	PENNSYLVANIA
JAMIE BITTING VORTHERMS	03-2-26466	INDIANA
SHERRY M. ZERR	03-2-26527	KANSAS
JONATHAN A. ZIRCHER	03-2-26341	INDIANA

1:32 p.m.

R-2005-040 The Executive Session ended and the meeting was opened to the public. Mr. Braylock moved that the Board adopt the following Order in the matter of Jason Matthew Reip, Pharmacy Intern:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-031124-037)

In The Matter Of:

JASON MATTHEW REIP

1363 Crossings Parkway #1363

Westlake, Ohio 44145

(D.O.B. 11/16/76)

INTRODUCTION

THE MATTER OF JASON MATTHEW REIP CAME FOR HEARING ON SEPTEMBER 14, 2004, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: SUZANNE R. EASTMAN, R.Ph. (presiding); GREGORY BRAYLOCK, R.Ph.; ROBERT P. GIACALONE, R.Ph.; ELIZABETH I. GREGG, R.Ph.; NATHAN S. LIPSYC, R.Ph.; KEVIN J. MITCHELL, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

JASON MATTHEW REIP WAS REPRESENTED BY AMBER L. CLUCAS AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

State’s Witnesses

1. Mark Kabat, Ohio State Board of Pharmacy

Respondent's Witnesses

None

State's Exhibits

1. Proposal to Deny/Notice of Opportunity For Hearing letter [11-24-03]

1A-1E. Procedurals

2. Application for Examination as a Pharmacist submitted by Jason Matthew Reip [10-14-03]

3. Application for Pharmacy Intern Registration submitted by Jason Matthew Reip [01-06-00]; Pharmacy Intern Registration Letter [02-14-00]; Three Renewal Applications For Intern License [08-03-00, 07-30-01, 07-31-02]

4. Statement of Richard W. Bodeker, R.Ph. [11-06-03]

5. Statement of Bob Lunato [11-18-03]

6. Lorain County Drug Task Force Investigative Report, Case No. 03-094, re Jason M. Reip [11-05-03]

7. Lorain County Forensic Services Sample Report [11-05-03]

8. Three-page AEGIS Analytical Laboratories Specimen Report [11-05-03]

9. Drug Accountability Statement at Giant Eagle #220 for OxyContin 80 mg [11-17-03]

10. Seven color photographs of two OxyContin 80 mg containers, Case No. #03-094 [11-06-03]

11. Three Drug Accountability Statements at Giant Eagle #220 for diazepam 5 mg, diazepam 10 mg and temazepam 30 mg [11-17-03]

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) Records of the State Board of Pharmacy indicate that Jason Matthew Reip submitted an Application For Examination As A Pharmacist on or about October 14, 2003. Records further indicate that Jason Matthew Reip was originally licensed by the State of Ohio as a Pharmacy Intern on January 30, 2000, and Jason Matthew Reip’s license to practice pharmacy as a Pharmacy Intern lapsed on September 15, 2003.

(2) Jason Matthew Reip is addicted to or abusing dangerous drugs to such a degree as to render him unfit to practice pharmacy, to wit: while working as a pharmacy intern, Jason Matthew Reip was observed as being excessively tardy for work, having a disheveled appearance, and "seeming out of it" on occasion. Jason Matthew Reip admitted to stealing drugs, selling controlled substances in exchange for cocaine, and abusing cocaine. Such conduct indicates that Jason Matthew Reip falls within the ambit of Rule 4729-5-04 of the Ohio Administrative Code and Sections 4729.08 and 4729.16 of the Ohio Revised Code.

(3) Jason Matthew Reip did, on or about November 5, 2003, knowingly possess and/or use a controlled substance when not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Jason Matthew Reip admittedly used cocaine, and his urine tested positive for cocaine, while working in a pharmacy. Jason Matthew Reip had not been prescribed medication by a prescriber. Such conduct is in violation of Section 2925.11 of the Ohio Revised Code.

(4) Jason Matthew Reip did, between October 1, 2003, and November 1, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Giant Eagle Pharmacy #220, beyond the express or implied consent of the owner, to wit: Jason Matthew Reip admittedly stole 20 dosage units of OxyContin, a Schedule II controlled substance. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(5) Jason Matthew Reip did, approximately two weeks preceding November 5, 2003, knowingly sell a controlled substance in an amount exceeding bulk when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Jason Matthew Reip admittedly sold 20 dosage units of OxyContin, a Schedule II controlled substance, in exchange for cocaine for his personal abuse. Such conduct is in violation of Section 2925.03 of the Ohio Revised Code.

(6) Jason Matthew Reip did, on or prior to November 6, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Giant Eagle Pharmacy #220, by deception, to wit: Jason Matthew Reip took a razor, slit open a full, stock bottle of OxyContin 80 mg, a Schedule II controlled substance, and stole six dosage units. Jason Matthew Reip then placed the bottle back on the shelf to make it appear unused. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(7) Jason Matthew Reip did, from May 1, 2003 to November 6, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Giant Eagle Pharmacy #220, beyond the express or implied consent of the owner, to wit: Jason Matthew Reip stole two dosage units of diazepam 5 mg, 130 dosage units of diazepam 10 mg, and two dosage units of temazepam 30 mg, all of which are Schedule IV controlled substances. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

CONCLUSIONS OF LAW

(1) The State Board of Pharmacy concludes that paragraphs (3) through (7) of the Findings of Fact constitute being not of good moral character and habits as provided in paragraph (C) of Rule 4729-5-04 of the Ohio Administrative Code.

(2) The State Board of Pharmacy concludes that paragraphs (2), (3), and (5) of the Findings of Fact constitute being addicted to or abusing liquor or drugs as provided in paragraph (D) of Rule 4729-5-04 of the Ohio Administrative Code.

DECISION OF THE BOARD

Pursuant to Section 4729.08 of the Ohio Revised Code and Rule 4729-5-04 of the Ohio Administrative Code, and on the basis of the foregoing Findings of Fact and Conclusions of Law, the State Board of Pharmacy hereby denies admission to the licensure examination and, therefore, denies the Application for Examination as a Pharmacist submitted by Jason Matthew Reip on or about October 14, 2003. Further, the State Board of Pharmacy stipulates that:

(A) Jason Matthew Reip may not submit an Application for Examination as a Pharmacist prior to ten years from the effective date of this Order.

(B) Jason Matthew Reip 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 ten-year period and, after this period, must receive prior approval from 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-2).

R-2005-041 Mr. Braylock then moved that the Board adopt the following Order in the matter of John David Campbell, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-030415-065 and D-031029-028)

In The Matter Of:

JOHN DAVID CAMPBELL, R.Ph.

2955 Kenlo Woods Drive

Nashport, Ohio 43830

(R.Ph. No. 03-1-12475)

INTRODUCTION

THE MATTER OF JOHN DAVID CAMPBELL CAME FOR HEARING ON SEPTEMBER 14, 2004, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: LAWRENCE J. KOST, R.Ph.; (presiding); GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; ELIZABETH I. GREGG, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

JOHN DAVID CAMPBELL 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. William L. Padgett, Ohio State Board of Pharmacy

Respondent's Witnesses

1. John David Campbell, R.Ph., Respondent

State's Exhibits

1. Notice of Opportunity For Hearing letter [04-15-03]

1A. Addendum Notice letter [04-22-03]

1B-1C. Procedurals

1D. Addendum Notice letter [09-26-03]

1E-1H. Procedurals

1I. Summary Suspension/Notice of Opportunity For Hearing letter [10-29-03]

1J-1L. Procedurals

2. Rx Inventory Tracking Log [01-24-03 to 03-03-03]

3. Statement of Norma L. Scheffler [03-03-03]

4. Statement of John D. Campbell, R.Ph. [03-03-03]

5. Dangerous Drug Distributor Inspection Report [03-03-03]; photocopy of eight tablets [03-03-03]

6. Eight Drug Accountability Statements, one each for Carisoprodol/Soma 350 mg, diazepam/Valium 10 mg, hydrocodone/APAP 5/500 mg, hydrocodone/APAP 7.5/650 mg, hydrocodone/APAP 7.5/750 mg, hydrocodone/APAP 10/500 mg, Norco 10/325 mg, and OxyContin 20 mg at Big Bear # 215 [03-05-03]

7. Indictment [05-08-03], Plea of Guilty [09-08-03], and Entry [10-31-03]; State of Ohio vs John Campbell, Case No. CR2003-0121, Muskingum County Common Pleas Court

Respondent's Exhibits

A. Resume of John D. Campbell [Not Dated}

B. Summary of Shepherd Hill Evaluation of John D. Campbell [03-05-04]

C. Genesis HealthCare System Treatment Recommendation for John Campbell [04-19-04]; copy of Evening Outpatient Treatment Contract [03-30-04]

D. Progress Report letter from Linda Kirkbride, RN. CARN, CCDC II [08-20-04]

E. Support Group Attendance Records [04-09-04 to 09-06-04]

F. PRO Pharmacist’s Recovery Contract for John Campbell [06-23-04]

G. Four Letters of Support [09-07-04 to 09-10-04]

FINDINGS OF FACT

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

(1) Records of the State Board of Pharmacy indicate that John David Campbell was originally licensed by the State of Ohio as a pharmacist on August 10, 1977, pursuant to examination, and that his license to practice pharmacy in Ohio was summarily suspended effective October 29, 2003. Records further reflect that during the relevant time periods stated herein, John David Campbell was the Responsible Pharmacist at Big Bear Pharmacy #215, pursuant to Sections 4729.27 and 4729.55 of the Ohio Revised Code and Rule 4729-5-11 of the Ohio Administrative Code.

(2) John David Campbell did, on or about the following dates, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Big Bear Pharmacy, beyond the express or implied consent of the owner, to wit: John David Campbell has admittedly stolen the following controlled substances and dangerous drugs:

Date	Drug	Qty
01-23-03	Norco	82
02-02-03	Norco	104
02-06-03	hydrocodone 10/500	137
02-20-03	hydrocodone 10/500	80
02-23-03	hydrocodone 10/500	232
03-02-03	Norco	100
02-27-03 to 03-02-03	Soma	544

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

(3) John David Campbell did, on or about March 3, 2003, knowingly possess and/or use a controlled substance when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: John David Campbell possessed 8 unit doses of hydrocodone 10/500, a Schedule III controlled substance, without a prescription. Such conduct is in violation of Section 2925.11 of the Ohio Revised Code.

(4) John David Campbell did, from October 6, 2001, through March 3, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Big Bear Pharmacy, beyond the express or implied consent of the owner, to wit: John David Campbell stole the following controlled substances and dangerous drugs:

Drug	Strength	Shortage
carisoprodol	350 mg	17,991
diazepam	10 mg	435
hydrocodone	APAP 5/500 mg	140
hydrocodone	APAP 7.5/650 mg	144
hydrocodone	APAP 7.5/750 mg	10,933
hydrocodone	APAP 10/500 mg	3,414
Norco	10/325	5,219
OxyContin	20 mg	33

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

(5) John David Campbell did, on or about September 8, 2003, plead guilty in State of Ohio vs. John Campbell, Case No. CR-2003-0121, Muskingum County Common Pleas Court, to seven (7) counts of Theft of Dangerous Drugs, all felonies of the fourth degree under Section 2913.02(A)(1) of the Ohio Revised Code. John David Campbell was convicted and sentenced in the Common Pleas Court of Muskingum County, Ohio, to a felony drug abuse offense under Section 2913.02 of the Ohio Revised Code.

CONCLUSIONS OF LAW

(1) The State Board of Pharmacy concludes that paragraphs (2) through (5) of the Findings of Fact constitute being guilty of a felony and gross immorality as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code.

(2) The State Board of Pharmacy concludes that paragraphs (2) through (4) 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 (3) of the Findings of Fact constitutes abusing 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 (3) 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 2925. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

DECISION OF THE BOARD

Pursuant to Section 3719.121 of the Ohio Revised Code, the State Board of Pharmacy hereby removes the Summary Suspension Order issued to John David Campbell on October 29, 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. 03-1-12475, held by John David Campbell and such suspension is effective as of the date of the mailing of this Order.

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

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

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

(b) Norco, hydrocodone, Soma, carisoprodol, diazepam and OxyContin must be added to the standard urine drug screen and documentation provided to show inclusion in the test panel.

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

(2) 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) John David Campbell 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) John David Campbell must provide, at the reinstatement petition hearing, documentation of the following:

(1) 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;

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

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

(4) Compliance with the terms of this Order.

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

MOTION CARRIED.

SO ORDERED.

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

R-2005-042 Mrs. Gregg moved that the Board adopt the following Order in the matter of Thomas Allen Scott, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-040224-060)

In The Matter Of:

THOMAS ALLAN SCOTT, R.Ph.

2738 Hillview Drive

Portsmouth, Ohio 45662

(R.Ph. No. 03-3-16170)

INTRODUCTION

THE MATTER OF THOMAS ALLAN SCOTT CAME FOR HEARING ON SEPTEMBER 13, 2004, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: LAWRENCE J. KOST, R.Ph.; (presiding); GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; ELIZABETH I. GREGG, R.Ph.; NATHAN S. LIPSYC, R.Ph.; KEVIN J. MITCHELL, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

THOMAS ALLAN SCOTT WAS REPRESENTED BY ERIC J. PLINKE AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

State’s Witnesses

1. None

Respondent's Witnesses

1. Thomas Allan Scott, R.Ph., Respondent

2. Michael Quigley, R.Ph.

3. Michael M. Fraulini, R.Ph.

State's Exhibits

1. Reinstatement Hearing Request letter from Thomas Scott [02-23-04]

1A-1C. Procedurals

2. Statement of Thomas A. Scott [12-18-02]

2A. State Board of Pharmacy Order in re Thomas Allan Scott [09-10-03]

3. Statement of Rory Phillips, R.Ph. [01-02-03] and attached spreadsheet of Drugs Found At The Residence of Thomas Scott, R.Ph. [12-18-02]

4. Twenty-six pages of IDENTIDEX Imprint Identification Documents [03/2003]

5. Envelope containing controlled substances [not dated]

6. Envelope containing dangerous drugs [not dated]

7. Patient Rx History of Thomas A. Scott [04-04-02 to 11-08-02]

8. State of Ohio vs. Thomas A. Scott, Case No. 03-CR-284, Scioto County Common Pleas Court Bill of Information [03-26-03], Defendant’s Motion for Intervention in Lieu of Conviction [04-10-03]; Entry [04-10-03], and Judgment Entry [07-22-03]

Respondent's Exhibits

A. Two PRO Pharmacist’s Recovery Contracts for Tom Scott [05-28-04 and 05-20-03]

B. List of Counseling Centers [not dated]; letter from Thomas A. Marsh ISW, CCDCIII [08-03-04]

C. List of AA/NA and Caduceus Meetings [not dated]; Support Group Attendance Records [12-31-02 to 08-27-04]

D. Drug Testing Custody and Control Forms [07-08-03 to 08-10-04]; Compass Vision Licensee Summary Report [07-08-03 to 08-10-04]

E. Scioto County Adult Probation Status Report for Thomas A. Scott [08-23-04]; Judgment Entry, State of Ohio vs. Thomas A. Scott, Case No. 03-CR-284, Scioto County Common Pleas Court [07-22-03]

F. Nine letters of Support [08-02-04 to 08-17-04]

G. Summary Report of Continuing Pharmacy Education Credits [07-19-00 to 08-03-04]

H. State Board of Pharmacy Order in re Thomas Allan Scott [09-10-03]; Scheduling letter for Thomas Scott [02-24-04]

FINDING OF FACT

After having heard the testimony, observed the demeanor of the witnesses, considered the evidence, and weighed the credibility of each, the State Board of Pharmacy finds that Thomas Allan Scott has complied with the terms set forth in the Order of the State Board of Pharmacy, Docket No. D-030107-048, effective September 10, 2003.

DECISION OF THE BOARD

On the basis of the Finding of Fact set forth above, and after consideration of the record as a whole, the State Board of Pharmacy hereby approves the reinstatement of the pharmacist identification card, No. 03-3-16170, held by Thomas Allan Scott to practice pharmacy in Ohio and places Thomas Allan Scott on probation for five years beginning on the effective date of this Order, with the following conditions:

(A) Thomas Allan Scott must enter into a new contract, signed within thirty days after the effective date of this Order, with an Ohio Department of Alcohol and Drug Addiction Services (ODADAS) treatment provider or a treatment provider acceptable to the Board for a period of not less than five years and submit a copy of the signed contract to the Board office before his pharmacist identification card is issued. The contract must provide that:

(1) Random, observed urine drug screens shall be conducted at least once each month for the first year and then at least once every three months for the remaining four years.

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

(b) Results of all drug screens must be negative. Any positive results, including those that may have resulted from ingestion of food, but excluding false positives that resulted from medication legitimately prescribed, indicate a violation of probation.

(c) Refusals of urine screens or diluted urine screens are equivalent to a positive result and indicate a violation of probation.

(2) The intervener/sponsor shall provide copies of all drug screen reports to the Board in a timely fashion.

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

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

(B) Thomas Allan Scott must submit quarterly progress reports to the Board (due January 10, April 10, July 10, and October 10 of each year of probation) that include:

(1) The written report and documentation provided by the treatment program pursuant to the contract, and

(2) A written description of Thomas Allan Scott's progress towards recovery and what Thomas Allan Scott has been doing during the previous three months.

(C) Other terms of probation are as follows:

(1) The State Board of Pharmacy hereby declares that Thomas Allan Scott's pharmacist identification card is not in good standing and thereby denies the privilege of being a preceptor and training pharmacy interns pursuant to paragraph (D)(1) of Rule 4729-3-01 of the Ohio Administrative Code.

(2) Thomas Allan Scott may not serve as a responsible pharmacist.

(3) Thomas Allan Scott may not destroy, assist in, or witness the destruction of controlled substances.

(4) Thomas Allan Scott must abide by the contract with his treatment provider and must immediately report any violation of the contract to the Board.

(5) Thomas Allan Scott must not violate the drug laws of Ohio, any other state, or the federal government.

(6) Thomas Allan Scott must abide by the rules of the State Board of Pharmacy.

(7) Thomas Allan Scott must comply with the terms of this Order.

(8) Thomas Allan Scott’s license is deemed not in good standing until successful completion of the probationary period.

(D) Any violation of probation may result in a Board hearing to consider alternative or additional sanctions under Section 4729.16 of the Ohio Revised Code.

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

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

MOTION CARRIED.

SO ORDERED.

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

R-2005-043 Ms. Eastman then moved that the Board adopt the following Order in the matter of Todd C. LaTour, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-030110-056 and D-030423-073)

In The Matter Of:

TODD C. LaTOUR, R.Ph.

3828 Arborgreen Drive

Cincinnati, Ohio 45255

(R.Ph. No. 03-3-11902)

INTRODUCTION

THE MATTER OF TODD C. LaTOUR CAME FOR HEARING ON SEPTEMBER 13, 2004, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: LAWRENCE J. KOST, R.Ph.; (presiding); GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; ELIZABETH I. GREGG, R.Ph.; NATHAN S. LIPSYC, R.Ph.; KEVIN J. MITCHELL, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

TODD C. LaTOUR WAS REPRESENTED BY DAVID W. GRAUER AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

State’s Witnesses

1. Robert Burdick, R.Ph., Ohio State Board of Pharmacy

Respondent's Witnesses

1. Todd C. LaTour, R.Ph., Respondent

2. John Keyser, R.Ph.

3. Jeffrey Cummins

State's Exhibits

1. Notice of Opportunity For Hearing letter [01-10-03]

1A-1C. Procedurals

1D. Summary Suspension Order/Notice of Opportunity For Hearing letter [04-23-03]

1E-1H. Procedurals

1I. Addendum Notice [03-02-04]

1J. Procedural

2. State of Ohio vs. Todd LaTour, Case No. 02CR20417, Warren County Common Pleas Court Indictment [11-25-02]; Change of Plea [03-05-03]; Entry [03-05-03]; and Judgment Entry of Sentence [04-15-03]

3. Statement of Todd C. LaTour, R.Ph. [10-02-02]

4. Thriftway Food & Drug #1704 Medical Expenses Report for Deena C. LaTour [06-01-02 to 09-30-02]

5. Medication History for Deena C. LaTour [01-23-02 to 09-13-02]

6. Deerfield Family Practice Progress Notes for Deena LaTour [09-24-02 to 09-30-02] and Medication Flowsheet [06-17-02]

7. Rx #4418574 [06-19-02]

8. Winn-Dixie Signature Log [06-29-02 to 07-04-02]

9. Rx #6507189 [06-21-02] and Rx #4418998 [09-09-02]

10. Rx #6507982 [07-19-02] and Rx #4418574 [06-19-02]

11-14. Four Winn-Dixie Signature Logs [07-18-02 to 08-30-02]

15. Statement of Kathy R. Muse, R.Ph. [10-06-02]

16. Rx #4418998 [09-09-02]

17-18. Two Winn-Dixie Signature Logs [09-06-02 to 09-13-02]

19. Alliance Laboratory Services drug screen report for Todd LaTour [10-02-02]

20. Audit Report from Robert Muse [10-23-02]

21. Hand-written inventory [not dated]

22. Dayton Heart Hospital Notice of Disciplinary Action for Todd LaTour [09-25-00]

23. Forty-three-page printout of Temporary Internet Files [07-15-00 to 09-21-00]

24. Dayton Heart Hospital Performance Correction Notice for Todd LaTour [10-13-00]

25. Personal Self Improvement Plan of Todd C. LaTour [10-24-00]

26. Dayton Heart Hospital Letter of Termination to Todd LaTour [10-26-00]

27. Four Medication Errors Involving Todd LaTour for Levaquin 250 mg, Reglan IV, Gentamicin 100 mg, and Aggrastat [09-28-00]

28. Dayton Heart Hospital Physicians Orders for Patient #1 [09-27-00 to 09-28-00]

29. Dayton Heart Hospital Physicians Orders for Patient #2 [09-28-00]

30. Dayton Heart Hospital Physicians Orders for Patient #3 [09-27-00 to 09-29-00]

31. Medication Error Involving Todd LaTour for slow mag 400 mg [09-28-00]

32. Dayton Heart Hospital Physicians Orders for Patient #4 [09-28-00 to 09-29-00]

33. Medication Error Involving Todd LaTour for Imdur 60 mg, Integrilin, and NS IV [09-29-00]

34. Dayton Heart Hospital Physicians Orders for Patient #5 [09-28-00]

35. Medication Error Involving Todd LaTour for Percocet [09-29-00]

36. Dayton Heart Hospital Physicians Orders for Patient #6 [09-29-00 to 09-30-00]

37. Medication Errors Involving Todd LaTour for procainamide drip and Ativan 1 mg [09-29-00]

38. Dayton Heart Hospital Physicians Orders for Patient #7 [09-29-00]

39. Medication Errors Involving Todd LaTour on a patient profile [09-29-00]

40. Statement of Linda Collar, RN [09-29-00]

41. Medication Error Involving Todd LaTour for vancomycin 1g [not dated]

42. Dayton Heart Hospital Vascular Post-op Orders for Patient #9 [10-02-00]

43. Medication Error Involving Todd LaTour for albuterol inhaler [not dated]

44. Dayton Heart Hospital Physicians Orders for Patient #10 [10-03-00 to 10-04-00]

45. Dayton Heart Hospital (h8380nl) Profile Maintenance Processor for Patient #10 [10-03-00 to 10-08-00]

46. Dayton Heart Hospital Multidisciplinary Progress Notes for Patient #3 [10-03-00]

47. Dayton Heart Hospital Physicians Orders for Patient #11 [10-05-00]

48. Dayton Heart Hospital (h8380nl) Profile Maintenance Processor for Patient #11 [10-05-00 to 10-12-00]

49. Dayton Heart Hospital Physicians Orders for Patient #12 [10-05-00 to 10-06-00]

50. Dayton Heart Hospital (h8380nl) Profile Maintenance Processor for Patient #12 [10-02-00 to 10-08-00]

51. Dayton Heart Hospital Physicians Orders for Patient #13 [10-06-00]

52. Dayton Heart Hospital (h8380nl) Profile Maintenance Processor for Patient #13 [10-04-00 to 10-09-00]

53. Dayton Heart Hospital (h8380nl) Profile Maintenance Processor for Patient #14 [10-05-00 to 10-09-00]

54. Dayton Heart Hospital Physicians Orders for Patient #15 [10-08-00 to 10-09-00]

55. Scheduled Medication Orders for Patient #15 [09-30-00 to 10-15-00]

56. Dayton Heart Hospital (h8380nl) Profile Maintenance Processor for Patient #15 [09-27-00 to 10-15-00]

57. Patient Medication Notes of Jennifer Kuhns, RN for Patient #16 [10-10-00]

58. Dayton Heart Hospital Physicians Orders for Patient #16 [10-09-00]

59. Scheduled Medication Orders for Patient #16 [10-06-00 to 10-09-00]

60. Dayton Heart Hospital (h8380nl) Profile Maintenance Processor for Patient #16 [10-06-00 to 10-10-00]

61. Dayton Heart Hospital Home Medications Upon Admission/Discharge for Patient #17 [10-09-00] and hand-written note to Todd from Ben [10-10-00]

62. Dayton Heart Hospital Physicians Orders for Patient #18 [10-09-00]

63. Dayton Heart Hospital (h8380nl) Profile Maintenance Processor for Patient #18 [10-09-00]

64. Dayton Heart Hospital Physicians Orders for Patient #19 [10-09-00]

65. Dayton Heart Hospital (h8380nl) Profile Maintenance Processor for Patient #19 [10-09-00]

66. Dayton Heart Hospital (h8380nl) Profile Maintenance Processor for Patient #20 [10-03-00 to 10-10-00]

67. Dayton Heart Hospital Physicians Orders for Patient #20 [06-10-00 to 10-10-00]

68. Patient Medication Error signed by Donna Cross [10-13-00]

69. Dayton Heart Hospital Physicians Orders for Patient #21 [10-11-00 to 10-12-00]

70. Dayton Heart Hospital Physicians Orders for Patient #22 [10-12-00]

71. Scheduled Medication Orders for Patient #22 [10-11-00 to 10-17-00]

72. Six Dayton Heart Hospital (h8380nl) Profile Maintenance Processors for Patient #17 [10-10-00 to 10-13-00]; Patient Medication Error for insulin [not dated]

73. Patient Medication Error for potassium [not dated]

74. Dayton Heart Hospital Physicians Orders for Patient #23 [10-14-00 to 10-16-00]

75. Dayton Heart Hospital (h8380nl) Profile Maintenance Processor for Patient #23 [10-13-00 to 10-17-00]

76. Patient Medication Error for sodium bicarbonate [not dated]

77. Dayton Heart Hospital Physicians Orders for Patient #24 [10-15-00 to 10-17-00]

78. Scheduled Medication Orders for Patient #24 [10-15-00 to 10-18-00]

79. Patient Medication Error for Diuril and Bumex [not dated]

80. Dayton Heart Hospital Physicians Orders for Patient #25 [10-15-00 to 10-16-00]

81. Scheduled Medication Orders for Patient #25 [10-12-00 to 10-21-00]

82. Dayton Heart Hospital Physicians Orders for Patient #26 [10-16-00] and hand-written note to Todd from Ben [10-17-00]

83. Dayton Heart Hospital IV Communication Tag for Patient #26 [10-17-00]

84. Patient Medication Error for Morphine Sulfate 2-6 mg [not dated]

85. Dayton Heart Hospital Post Cardiac Surgery Orders for Patient #27 [10-17-00]

86. PRN & One-Time Medication Orders for Patient #27 [10-17-00 to 10-23-00]

87. Patient Medication Error for Lactated Ringers, Pepcid, Morphine, Darvocet, Vicodin, and Inapsine [not dated]

88. Dayton Heart Hospital Vascular Post-Op Orders for Patient #28 [10-18-00]

89. PRN & One-Time Medication Orders for Patient #28 [10-17-00]

90. Patient Medication Errors for PCCU orders [not dated]

91. Dayton Heart Hospital Routine Progressive Critical Care Unit Standing Orders for Patient #29 [10-19-00]

92. PRN & One-Time Medication Orders for Patient #29 [10-19-00]

93. Patient Medication Error for Mylanta and Darvocet [not dated]

94. Dayton Heart Hospital Post Intervention Orders for Patient #30 [10-19-00]

95. PRN & One-Time Medication Orders for Patient #30 [10-19-00]

96. Patient Medication Error for Darvocet and Phenergan [not dated]

97. Dayton Heart Hospital Post-Op Carotid Endarterectomy Orders for Patient #31 [10-19-00]

98. PRN & One-Time Medication Orders for Patient #31 [10-19-00 to 10-24-00]

99. Patient Medication Error for potassium [not dated]

100. Dayton Heart Hospital Physicians Orders for Patient #32 [10-19-00]

101. Scheduled Medication Orders for Patient #32 [10-13-00 to 10-16-00]; Dayton Heart Hospital (h8380nl) Profile Maintenance Processor [10-13-00 to 10-23-00]

102. Patient Medication Error for Restoril [not dated]

103. Dayton Heart Hospital Physicians Orders for Patient #33 [10-18-00 to 10-19-00]

104. Dayton Heart Hospital (h8380nl) Profile Maintenance Processor for Patient #33 [10-19-00 to 10-25-00]

105. Health Alliance Corrective Action Notice for Todd LaTour [03-14-00]

106. Letter from Caron Sue, PharmD, Ph.D. to Elaine Jones [07-17-03]

107. University Hospital Physician’s Order Form [12-27-99]

108. Medication Order Display for amphotericin B 50 mg injection [12-27-99]

109. Medication Order Display for cyclosporin microemulsion 100 mg/ml soln [12-27-99]

110. Physician Order for Sandimmune 110 mg [12-27-99]

Respondent's Exhibits

A. Assessment letter from Steven A. Fahnestock, MS, CCDC III-E [07-23-03]; Treatment Recommendation letter from Barbara Williams, MSSW, LSW [10-05-03]

B. Assessment and Progress letter from Lois Ahlers, LISW, CCDC-III [08-24-04]

C. PRO Pharmacist’s Recovery Contract for Todd C. LaTour [03-10-04]

D. Compass Vision Authorization to Collect/Temporary ID Card for Todd LaTour [not dated); Letter of Instruction [03-30-04]; Licensee Summary Report of drug screens [05-05-04 to 08-05-04]; e-mail letter re Todd LaTour [08-19-04]; nineteen Drug Screen Reports [05-06-03 to 08-06-04]

E. Support Group Attendance Records [12-10-03 to 09-09-04]

F. Support Group Attendance Records [06-16-03 to 12-08-03]

G-J. Letters of support and recommendation [08-22-04 to 09-13-04]

K. Letter from Kathleen Carpenter re Deena LaTour Recovery [09-12-04]

FINDINGS OF FACT

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

(1) Records of the State Board of Pharmacy indicate that Todd C. LaTour 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 April 23, 2003.

(2) Todd C. LaTour did, on or about June 19, 2002, intentionally make and/or knowingly possess a false or forged prescription, to wit: Todd C. LaTour admittedly created Rx #4418574, using his wife’s name as the patient, without authorization from the physician, so as to obtain 180 ml of hydrocodone/GG 5-100/5 syrup, a Schedule III controlled substance. On July 4, 2002, Todd C. LaTour refilled the prescription for hydrocodone/GG 5-100/5 syrup, a Schedule III controlled substance. Such conduct violates Section 2925.23(B) of the Ohio Revised Code.

(3) Todd C. LaTour did, on or about June 21, 2002, intentionally make and/or knowingly possess a false or forged prescription, to wit: Todd C. LaTour has admittedly created Rx #6507189, using his wife’s name as the patient, without authorization from the physician, so as to obtain 20 butalbital/APAP/caffeine tablets. Such conduct violates Section 2925.23(B) of the Ohio Revised Code.

(4) Todd C. LaTour did, on or about July 19, 2002, intentionally make and/or knowingly possess a false or forged prescription, to wit: Todd C. LaTour admittedly created Rx #6507982 to obtain 30 Allegra 60 mg tablets, and created Rx #6507983 to obtain 30 Fioricet generic tablets, using his wife’s name as the patient without authorization from the physician. On July 22, 2002, and August 14, 2002, Todd C. LaTour refilled the Fioricet generic prescription. Such conduct violates Section 2925.23(A) of the Ohio Revised Code.

(5) Todd C. LaTour did, on or about August 23, 2002, intentionally make and/or knowingly possess a false or forged prescription, to wit: Todd C. LaTour admittedly created Rx #6508916, using his wife’s name as the patient, without authorization from the physician, so as to obtain 30 Fioricet generic tablets. Such conduct violates Section 2925.23(B) of the Ohio Revised Code.

(6) Todd C. LaTour did, on or about August 28, 2002, intentionally make and/or knowingly possess a false or forged prescription, to wit: Todd C. LaTour admittedly created Rx #4418936 so as to obtain 180 ml of Vicotuss, a Schedule III controlled substance, and Rx #6509032 so as to obtain 20 generic Fioricet tablets, using his wife’s name as the patient, without authorization from the physician. On September 13, 2002, Todd C. LaTour refilled the generic Fioricet prescription. Such conduct violates Section 2925.23(B) of the Ohio Revised Code.

(7) Todd C. LaTour did, on or about September 9, 2002, intentionally make and/or knowingly possess a false or forged prescription, to wit: Todd C. LaTour admittedly created Rx #4418998, using his wife’s name as the patient, without authorization from the physician, so as to obtain 120 ml of Vicotuss, a Schedule III controlled substance. Such conduct violates Section 2925.23(B) of the Ohio Revised Code.

(8) Todd C. LaTour did, on or about September 13, 2002, intentionally make and/or knowingly possess a false or forged prescription, to wit: Todd C. LaTour admittedly created Rx #6509472, using his wife’s name as the patient, without authorization from the physician, so as to obtain three Terazol 80 mg suppositories. Such conduct violates Section 2925.23(B) of the Ohio Revised Code.

(9) Todd C. LaTour did, on or about October 2, 2002, knowingly possess or use a controlled substance when not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Todd C. LaTour admitted that he had written false prescriptions, but denied using any prescription drugs. When asked to submit to a urine sample for a drug screen, the results of his drug screen was positive for opiates (codeine) and barbiturates. Such conduct violates Section 2925.11 of the Ohio Revised Code.

(10) Todd C. LaTour was twice disciplined by his employer, Dayton Heart Hospital, and on or about October 26, 2000, Todd C. LaTour’s employment was terminated for having excessively accessed pornographic Web sites during his work hours, for "failure to improve order-processing skills and for failure to improve turnaround time on order processing," and "failure to perform work at an acceptable level." Additionally, Todd C. LaTour was disciplined for the following mistakes made in the practice of pharmacy:

(A) On September 28, 2000:

(1) Todd C. LaTour signed the orders for Patient #1 as being completed. However, the order for “Levaquin 250 mg po qd” was not entered into the computer and, as a result, did not appear in the SureMed (Medication Administration Record).

(2) For Patient #2, the physician ordered “Reglan IV q6 hours for 48 hours.” However, Todd C. LaTour entered the order as “prn,” not scheduled. The patient had a previous order entered into the computer for Reglan scheduled every six hours. Todd C. LaTour allowed both orders to be entered on the same profile. The patient experienced decreased bowel sounds though the physician had been trying to increase gastric movement.

(3) For Patient #3, Todd C. LaTour received an order to “decrease gentamicin to 80 mg IV every eight hours.” The patient had been receiving gentamicin 100 mg every eight hours along with two other antibiotics to treat a case of severe endocarditis. Todd C. LaTour entered the order incorrectly into the HBOC system and no labels were generated. The nurse called the pharmacy looking for the 2:00 dose at 2:45. By the time the mistake was discovered the patient did not receive the dose until 3:30 – an hour and half late.

(4) Todd C. LaTour received orders for Patient #4. Todd C. LaTour signed the sheet indicating all orders were completed and entered into the computer. A nurse telephoned the pharmacy reporting that an order for “Slow-Mag 400 mg po bid” did not show up on the patient’s Medication Administration Record. Todd C. LaTour had not entered this order into the computer. For this same patient, Todd C. LaTour had written a communication for the patient to take her home medications, Evista and Pulmicort. Todd C. LaTour did not enter these medications into the computer and these medications were omitted from the Medication Administration Record for three days.

(5) Todd C. LaTour received orders for Patient #5. Todd C. LaTour signed the order sheet as completed. However, Todd C. LaTour omitted three medication orders: Todd C. LaTour did not enter “Imdur 60 mg po qd”, the discontinuation of Integrilin, or an order for “normal saline IV at 50 ml/hour” into the computer. A nurse alerted the pharmacy of the missing orders when these changes were not listed on the patient’s Medication Administration Record.

(B) On September 29, 2000:

(1) Todd C. LaTour wrote a verbal order from Dr. Maraboyina to give Patient #6 “Percocet, one tablet qid prn.” A nurse notified the pharmacy on 9/30/00 that this order was printed on the Medication Administration Record incorrectly. Todd C. LaTour had entered the order for “one to two tablets qid prn.” The nurse had not given the patient two tablets, so an occurrence report was not filled out.

(2) For Patient #7, Todd C. LaTour incorrectly entered an Ativan order. The physician wrote for “Ativan 1 mg q12 hours prn IV.” Todd C. LaTour entered the order as “2 mg q12h prn.” For this same patient, a nurse called Todd C. LaTour informing him that the physician had written an order for a procainamide drip and bolus at 11:00. The nurse told Todd C. LaTour she would give the bolus dose if he made the drip. An hour later, the nurse called asking about the drip, but Todd C. LaTour had not prepared it. The patient’s bolus had already run in and the nurse needed the drip. Another pharmacist made the drip and delivered it to the nursing unit, approximately 45 minutes after it should have been started.

(3) For Patient #8, a nurse reported that Todd C. LaTour had committed numerous order entry errors. Todd C. LaTour told her that the SureMed was having problems, but the rest of the pharmacy staff did not notice any such problems.

(C) On October 2, 2000:

(1) Todd C. LaTour received orders for Patient #9. The physician ordered “vancomycin 500 mg IV q12hours for 3 doses.” Todd C. LaTour entered the order as “1 gram q12 hours.”

(D) On October 3, 2000:

(1) Todd C. LaTour received orders for Patient #10. The medication order was written for “albuterol inhaler MDI 2 puffs bid.” Todd C. LaTour entered the order into the computer as “Combivent Inhaler MDI 2 puffs bid.” The error was found on 10/05/00. The medication error printed on the Medication Administration Record for two days.

(2) The physician ordered that an antibiotic was to be continued for Patient #3. Todd C. LaTour did not enter this order into the computer and the order did not print on the patient’s Medication Administration Record.

(E) On October 5, 2000:

(1) The pharmacy received medication orders for Patient #11. Todd C. LaTour signed the order sheet indicating all orders were entered into the computer. At 7:00 p.m., the physician ordered “Toprol XL 25 mg po qd.” At 9:45 p.m., the physician ordered “Toprol XL 50 mg qd.” Todd C. LaTour entered both orders, but did not discontinue the 25 mg order, and the patient received duplicate Toprol medications.

(2) Todd C. LaTour signed the order sheet for Patient #12. The physician ordered “Cardizem 30 mg po q8 hours and wean IV Cardizem off.” Todd C. LaTour entered the order into the computer as “Cardizem 30 mg q6 hours.”

(F) On October 6, 2000:

(1) Todd C. LaTour signed the medication orders for Patient #13 as being completed. The physician ordered “gentamicin 60 mg IV 10/6, 10/7, and 10/9.” Todd C. LaTour entered the order as “gentamicin 60 mg IM qod.”

(2) Todd C. LaTour entered medication orders for Patient #14. The patient had an order for “aspirin 325 mg EC qd” on 10/05/00, and Todd C. LaTour entered a duplicate order on 10/06/00. Todd C. LaTour also entered orders for “famotidine 40 mg qhs and 20 mg q12h” without discontinuing the “20 mg/2 ml IV q12 hours” order.

(G) On October 9, 2000:

(1) Todd C. LaTour signed orders for Patient #15. Order number three was for “K-Dur 20 mEq qid.” Todd C. LaTour omitted this order and it did not appear on the patient’s Medication Administration Record.

(2) The physician ordered “hold p.m. dose of verapamil” for Patient #16, and to “start bid dose” the next day. Todd C. LaTour signed the sheet as completed, but omitted the “bid” order.

(3) Todd C. LaTour omitted three medication orders for Patient #17. Todd C. LaTour omitted Depakote, Glucotrol, and Cogentin.

(4) For medication orders for Patient #18, the physician ordered “Mucomyst 600 mg po bid first dose now.” Todd C. LaTour entered the order as an inhalation with frequency and schedule listed as “OT” (one time). The dose was entered into the computer as an inhalation, not as an oral dose as ordered by the physician.

(5) The physician ordered “Coumadin 5 mg po qhs” and “Ambien 10 mg po hs” for Patient #19. Todd C. LaTour failed to enter the Ambien order into the computer and entered the Coumadin order without the strength and as “qd,” instead of “hs”. The Ambien order was not on the patient’s Medication Administration Record.

(H) On October 10, 2000:

(1) The physician ordered “Capoten 6.25 mg po q12 hours” for Patient #20. Todd C. LaTour signed the order sheet as completed, but did not enter this order into the computer and it was not included on the patient’s Medication Administration Record.

(I) On October 11, 2000:

(1) Todd C. LaTour signed the order sheet for patient no. 21. The Coumadin order was not on the Medication Administration Record for two days.

(J) On October 12, 2000:

(1) Todd C. LaTour signed as completed medication orders for Patient #22. The physician ordered “Restoril 15 mg po hs prn insomnia.” Todd C. Latour entered this as a scheduled medication, not “prn.” The order after the Restoril was for “Mednebs with albuterol q6h prn wheezing.” Todd C. LaTour did not enter this order into the computer.

(K) On October 13, 2000:

(1) Todd C. LaTour entered two different insulin sliding scales for Patient #17. Nurse notified pharmacy that they needed to discontinue the incorrect sliding scale.

(L) On October 16, 2000:

(1) The physician wrote an order to “decrease KCL to 20 mEq po bid” for Patient #23. Todd C. LaTour signed off the order as completed. Todd C. LaTour entered the order as “qd.”

(2) An order was faxed to the pharmacy to “discontinue HCO3 tablets” (sodium bicarbonate) for Patient #24. Todd C. LaTour signed the order sheet as completed. Todd C. LaTour did not enter the order change into the computer. The order continued to show up on the patient’s Medication Administration Record for three days.

(3) An order for Patient #25 was received in the pharmacy. Todd C. LaTour signed the order as completed. The physician ordered to “discontinue Bumex and Diuril” orders. Todd C. LaTour did not enter the change for the Bumex order and it printed on the patient’s Medication Administration Record. When the physician rounded the next day, Todd C. LaTour told the nurse that he did not want the patient to receive the Bumex. The physician wrote another order to “discontinue the Bumex.”

(4) Todd C. LaTour calculated the wrong amounts of dextrose, amino acids, sterile water, calcium gluconate and magnesium sulfate for the total parenteral nutrition solution for Patient #26.

(M) On October 17, 2000:

(1) Todd C. LaTour signed off the orders for Patient #27 (as completed). The physician ordered “morphine sulfate 2-6 mg IV/IM every 2-4 hours prn” on post-op orders. Todd C. LaTour omitted entering this order into the computer. The nurses had to utilize the override function for 2 days to obtain this medication for the patient. For this same patient, an order for “Colace 100 mg po every am as needed” was not entered by Todd C. LaTour into the computer. The nursing staff did not catch this error.

(N) On October 18, 2000:

(1) Vascular Post-op orders for Patient #28 were received by the pharmacy. Todd C. LaTour signed the order sheet as completed. Todd C. LaTour omitted six medications (lactated ringers, Pepcid, morphine, Darvocet, Vicodin, and Inapsine). Only one order from this sheet was entered into the computer, the order for Kefzol.

(O) On October 19, 2000:

(1) Todd C. LaTour signed as completed routine PCCU orders for Patient #29. Todd C. LaTour omitted three of the five medications on the order. Todd C. LaTour omitted the orders for “laxative of choice,” nitroglycerine 0.4 mg, and temazepam 7.5 mg.

(2) Todd C. LaTour signed as completed post Intervention orders for Patient #30. Todd C. LaTour omitted entering the medication orders for Mylanta and Darvocet into the computer.

(3) Todd C. LaTour signed as completed “Post-op Carotid Endarterectomy” orders for Patient #31. Todd C. LaTour omitted entering the medication orders for Darvocet and Phenergan into the computer.

(4) Todd C. LaTour signed as completed the order sheet for Patient #32. The physician ordered to “hold potassium.” Todd C. LaTour did not enter this information into the computer. The potassium order printed on the Medication Administration Record and the dayshift nurse caught the error prior to giving the medication to the patient.

(5) Todd C. LaTour signed as completed the medication orders for Patient #33. The physician ordered “Restoril 30 mg hs”, as a scheduled dose. Todd C. LaTour entered the order into the computer system as “prn.” On 10/24/00 the patient complained to Ben Schaeffer, R.Ph. that she was having trouble sleeping and her family members addressed concerns about the patient’s lack of sleep.

(11) While employed as a staff pharmacist at the University of Cincinnati Hospital Pharmacy Department located at 234 Goodman Street in Cincinnati, Ohio 45219, Todd C. LaTour committed the following acts:

(A) On March 14, 2000:

(1) Todd C. LaTour received a Corrective Action Notice regarding medication errors identified as:

(a) A Climara order was entered into the computer as twice a week, when the order was for once a week.

(b) The total volume was not indicated on chemotherapy drug orders entered into the computer.

(c) Todd C. LaTour omitted entering into the computer a Ferrlecit order and sent the incorrect dose.

(d) An extra dose was entered into computer system for valproic acid.

(B) On December 27, 1999:

(1) Todd C. LaTour entered an amphotericin dose as 50 mg instead of 25 mg.

(2) Todd C. LaTour entered into the computer “Neoral brand” of cyclosporine instead of the “Sandimmune brand.”

(12) In accordance with Section 2929.24 of the Ohio Revised Code, the office of the Prosecuting Attorney of Warren County, Ohio, submitted to this Board information which indicates that on April 15, 2003, Todd C. LaTour pled guilty to one count of Illegal Processing of Drug Documents, a felony of the fifth degree under Section 2925.23(B)(1) of the Ohio Revised Code, and to one count of Theft of Drugs, a felony of the fourth degree under Section 2913.02(A)(2) of the Ohio Revised Code. State of Ohio vs. Todd LaTour, Case No. 02CR20417, Warren County Common Pleas Court.

CONCLUSIONS OF LAW

(1) The State Board of Pharmacy concludes that paragraphs (2) through (12) of the Findings of Fact constitute being guilty of a felony and gross immorality as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code.

(2) The State Board of Pharmacy concludes that paragraphs (2) through (11) of the Findings of Fact constitute being guilty of dishonesty and unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code.

(3) The State Board of Pharmacy concludes that paragraphs (9) through (11) of the Findings of Fact constitute abusing liquor or drugs or impaired physically or mentally to such a degree as to render Todd C. LaTour unfit to practice pharmacy as provided in Division (A)(3) of Section 4729.16 of the Ohio Revised Code.

(4) The State Board of Pharmacy concludes that paragraphs (2) through (9) of the Findings of Fact constitute being guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapter 2925. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

DECISION OF THE BOARD

Pursuant to Section 3719.121 of the Ohio Revised Code, the State Board of Pharmacy hereby removes the Summary Suspension Order issued to Todd C. LaTour on April 23, 2003.

Pursuant to Section 4729.16 of the Ohio Revised Code, and after consideration of the record as a whole, the State Board of Pharmacy adjudicates the matter of Todd C. LaTour as follows:

(A) On the basis of the Findings of Fact and paragraph (1) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes permanently the pharmacist identification card, No. 03-3-11902, held by Todd C. LaTour effective as of the date of the mailing of this Order.

(B) On the basis of the Findings of Fact and paragraph (2) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes permanently the pharmacist identification card, No. 03-3-11902, held by Todd C. LaTour effective as of the date of the mailing of this Order.

(C) On the basis of the Findings of Fact and paragraph (3) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes permanently the pharmacist identification card, No. 03-3-11902, held by Todd C. LaTour effective as of the date of the mailing of this Order.

(D) On the basis of the Findings of Fact and paragraph (4) of the Conclusions of Law set forth above, the State Board of Pharmacy hereby revokes permanently the pharmacist identification card, No. 03-1-09590, held by Todd C. LaTour effective as of the date of the mailing of this Order.

Pursuant to Section 4729.16(B) of the Ohio Revised Code, Todd C. LaTour 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.

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

MOTION CARRIED.

SO ORDERED.

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

1:40 p.m.

The Board recessed for lunch.

2:25 p.m.

The Board reconvened in Room West-B&C with all members present. 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 Andrew Douglas Byrnes, Pharmacy Intern, Tipp City.

4:38 p.m.

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

4:40 p.m.

Mrs. Teater and Mr. Turner left the Board meeting.

4:44 p.m.

R-2005-044 The Board next considered a CPE program submitted for Board-approved Jurisprudence credit. The program dealt with a review of the Board’s reciprocity law review. After discussion, Mr. Braylock moved that the program be approved for jurisprudence credit, but that the Board only authorize credit for 0.15 CEUs of Board-approved Jurisprudence. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-6/Nay-0).

There was no Medical Board Prescribing Committee report for this month, as the meeting had been cancelled due to time constraints.

Mr. Braylock reported that there had been no meeting of the Nursing Board’s Committee on Prescriptive Governance.

5:12 p.m.

Mr. Lipsyc left the Board meeting.

5:17 p.m.

After a discussion of the draft minutes from the August 2 & 3, 2004 meeting, Mr. Braylock moved that the minutes be approved as amended. The motion was seconded by Mr. Giacalone and approved by the Board (Aye-5/Nay-0).

5:18 p.m.

The meeting was recessed until Wednesday, September 15, 2004.

WEDNESDAY, SEPTEMBER 15, 2004

8:00 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:

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

R-2005-045 Mr. Benedict presented a request from Parkway Pharmacy, Beachwood, for permission to maintain computer terminals in a secure room that is accessible only to pharmacists but is located outside of the physical confines of the pharmacy department. After discussion, Mr. Turner moved that the Board approve the request. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-7/Nay-0).

8:03 a.m.

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

8:04 a.m.

Mr. Braylock arrived and joined the Executive Session in progress.

8:30 a.m.

R-2005-046 The Executive Session ended and the meeting was opened to the public. Ms. Eastman moved that the Board summarily suspend the license to practice pharmacy belonging to Mark Christopher Carrington, R.Ph. (03-1-22586) due to the fact that a continuation of his professional practice presents a danger of immediate and serious harm to others. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

R-2005-047 Mr. Braylock then moved that the Board adopt the following Order in the matter of Andrew Douglas Byrnes, Pharmacy Intern:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-040708-001)

In The Matter Of:

ANDREW DOUGLAS BYRNES

511 Barbara Drive

Tipp City, Ohio 45371

(D.O.B. 04/23/78)

INTRODUCTION

THE MATTER OF ANDREW DOUGLAS BYRNES CAME FOR HEARING ON SEPTEMBER 14, 2004, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: LAWRENCE J. KOST, R.Ph.; (presiding); GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; ELIZABETH I. GREGG, R.Ph.; NATHAN S. LIPSYC, R.Ph.; KEVIN J. MITCHELL, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

ANDREW DOUGLAS BYRNES WAS NOT REPRESENTED BY COUNSEL AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

State’s Witnesses

1. Jesse Wimberly, Ohio State Board of Pharmacy

Respondent's Witnesses

1. Andrew Douglas Byrnes, Respondent

2. Mark William Karl, R.Ph.

State's Exhibits

1. Proposal to Deny/Notice of Opportunity For Hearing letter [07-09-04]

1A-1C. Procedurals

1D. Amendment Notice [08-24-04]

1E. Procedural

2. Application for Pharmacy Intern Registration submitted by Andrew Douglas Byrnes [03-28-00]

3. Letter to the Ohio State Board of Pharmacy from Andrew D. Byrnes [05-26-04]

4. Tipp City Police Department Narrative, Case No. 96-002746 [04-20-96]

5. Six-page letter to the Ohio State Board of Pharmacy from Andrew Douglas Byrnes [07-22-04]

6. Domestic Violence Final Order, In the Matter of: Heather L. Brison vs. Andrew D. Byrnes, Case No. 99-DV-00040, Merrimack County, Hooksett District Court, New Hampshire [08-10-99]; Order on Request for Extension of Domestic Violence or Stalking Final Protective Order [07/26/00]

7. E-mail letter from Andrew Byrnes to Heather Brison [07-13-99]

8. Statement of Linda McCall [not dated]

9. Notarized Statement of Linda McCall [09-06-00]

10. Statement of Veronica Dragoo, R.N. [10-27-99]

11. User Modification Information computer report for Grandview Hospital [10-16-99 to 10-27-99]

12. All Station Events computer report [10-05-99]

13. Notarized Statement of Chad Meyers [09-06-00]

14. Order and Judgment Entry of Conviction, State of Ohio vs Andrew Byrnes, Case No. 03 TRO 10855, Bellefontaine Municipal Court [01-20-04]

15. List of Traffic Violations of Andrew Byrnes [10-21-99 to 12-30-03]

Respondent's Exhibits

A. Letters of Support [09-10-04 to 09-14-04]

FINDINGS OF FACT

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

(1) Records of the State Board of Pharmacy indicate that Andrew Douglas Byrnes submitted an Application For Examination As A Pharmacist on or about April 28, 2004. Records further indicate that Andrew Douglas Byrnes was originally registered as a pharmacy intern in Ohio on March 28, 2000 and holds a current license (06-0-02689) to practice as an intern.

(2) Andrew Douglas Byrnes was arrested on or about April 20, 1996 by the Tipp City Police for Under Age Consumption. Though not of legal age, Andrew Douglas Byrnes admittedly invited friends to his grandmother's house and consumed beer.

(3) Andrew Douglas Byrnes did, on or about March 28, 2000, knowingly make a false statement with purpose to secure the issuance of a license or registration, to wit: Andrew Douglas Byrnes indicated on his application for a Pharmacy Intern license that he had not been charged with a crime when in fact Andrew Douglas Byrnes had been charged with underage consumption of alcohol, and was subsequently adjudicated delinquent for disorderly conduct. Andrew Douglas Byrnes has admitted to State Board of Pharmacy agents that he knew that he should have answered the question on the application affirmatively. Such conduct is in violation of Section 2921.13 of the Ohio Revised Code.

(4) On August 10, 1999, and July 26, 2000, Domestic Violence or Stalking Final Protective Orders were issued against Andrew Douglas Byrnes, Heather L. Brison v. Andrew D. Byrnes, Case No. 99-DV-00040, Hooksett District Court, Hooksett, New Hampshire, for having sent a life-threatening e-mail message to a New Hampshire woman. On or about August, 1999, Andrew Douglas Byrnes used his employer's computer to send the message, that of Grandview Hospital, Dayton, Ohio.

(5) While working as a technician at Grandview Hospital in Dayton, Ohio, Andrew Douglas Byrnes was terminated from his employment on or about November, 1999, due to three or more instances of threatening behavior. Andrew Douglas Byrnes sent frequent, harassing pages and phone calls to another employee, he removed or changed her Pyxis system code so she could not access the system, and he sent her forms and Pyxis reports with obscenities written thereon. When Andrew Douglas Byrnes admitted this conduct to State Board of Pharmacy agents, he attempted to justify his behavior by stating that the individual was "wrong about the way she felt about [him] and acted toward [him] and [he] had to make sure that she knew it."

(6) In the year 2000, after being licensed as a pharmacy intern, Andrew Douglas Byrnes left employment at Rite Aid for arguing with a customer. Andrew Douglas Byrnes has previously been admonished for having placed a threatening and/or harassing comment in the pharmacy computer profile for a Rite Aid pharmacist. Andrew Douglas Byrnes admitted this conduct to a State Board of Pharmacy Specialist, indicating that he was "just having fun."

(7) Andrew Douglas Byrnes was found guilty of speeding in the Bellefontaine Municipal Court on or about January 20, 2004, his fourth speeding ticket within a year's time, and was sentenced to jail for 24 hours. Such conduct indicates that Andrew Douglas Byrnes has been continually and intentionally disobedient to the law.

CONCLUSIONS OF LAW

(1) The State Board of Pharmacy concludes that paragraphs (2) through (7) of the Findings of Fact constitute being not of good moral character and habits as provided in paragraph (C) of Rule 4729-5-04 of the Ohio Administrative Code.

(2) The State Board of Pharmacy concludes that paragraphs (4) through (6) of the Findings of Fact constitute being guilty of unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code.

DECISION OF THE BOARD

Pursuant to Section 4729.07 of the Ohio Revised Code, and after consideration of the record as a whole, the State Board of Pharmacy hereby approves the Application For Examination As A Pharmacist submitted by Andrew Douglas Byrnes.

Further, the Board places Andrew Douglas Byrnes on probation for two years beginning on the date of his original licensure as a pharmacist. The terms of probation are as follows:

(A) Andrew Douglas Byrnes must not violate the drug laws of Ohio, any other state, or the federal government.

(B) Andrew Douglas Byrnes must abide by the rules of the State Board of Pharmacy.

(C) Andrew Douglas Byrnes must comply with the terms of this Order.

(D) Andrew Douglas Byrnes' license is deemed not in good standing until successful completion of the probationary period.

(E) Any violation of probation may result in a Board hearing to consider alternative or additional sanctions under Section 4729.16 of the Ohio Revised Code.

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

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

MOTION CARRIED.

SO ORDERED.

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

The Board then reviewed a document received from Wal-Mart describing various methods to be used in delivering prescriptions to patients at their pharmacies. As there was no interpretation of laws or rules required, no official action of the Board was required.

Mr. Winsley distributed a letter received from the State Auditor’s office discussing their findings from the latest audit of the Pharmacy Board’s financial procedures. No official action of the Board was required.

8:54 a.m.

Mrs. Gregg moved that the Board go into Executive Session for the purpose of discussing the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official 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 Kost as follows: Braylock-Yes, Eastman-Yes, Giacalone-Yes, Gregg-Yes, Lipsyc-Yes, Mitchell-Yes, Teater-Yes, and Turner-Yes.

9:17 a.m.

The Executive Session ended. The meeting was recessed so the Board members could travel to the Villa Milano Banquet and Conference Center for a meeting with the Board of Directors of the Ohio Pharmacists Association (OPA) and, following that meeting, attend the Licensure Ceremony.

10:10 a.m.

The Board reconvened at the Villa Milano Banquet and Conference Center to meet with the Board of Directors of the OPA to discuss items of mutual interest and concern.

11:25 a.m.

R-2005-048 The meeting with the OPA Board of Directors ended. Mr. Winsley and Mr. McMillen presented a request for an exemption from Rule 4729-5-10 (Pick-up station) received from the following sites:

Evendale Surgery Center (02-1429850)

Nie's Pharmacy (02-1418150)

After discussion, Mrs. Gregg moved that the Board approve the request. The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

11:28 a.m.

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

PER DIEM	8/12	9/13	9/14	9/15	Total
Braylock	-	1	1	1	3
Eastman	-	1	1	1	3
Giacalone	-	1	1	1	3
Gregg	1	1	1	1	4
Kost	-	1	1	1	3
Lipsyc	-	1	1	1	3
Mitchell	-	1	1	1	3
Teater	-	1	1	1	3
Turner	-	1	1	1	3

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

11:29 a.m.

Mr. Lipsyc moved that the meeting be adjourned. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

THE BOARD APPROVED THESE MINUTES

OCTOBER 5, 2004