RECORD OF THE PROCEEDINGS -- DECEMBER 6, 7, 8, 2004

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

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

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

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

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

Minutes Of The Meeting

Ohio State Board of Pharmacy

December 6, 7, 8, 2004

MONDAY, DECEMBER 6, 2004

10:01 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.

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.

Mr. Rowland announced that the following Settlement Agreement had been signed by all parties and was now effective:

R-2005-090 SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-030307-061)

In The Matter Of:

RICHARD DAVID SWEET, R.Ph.

5704 Onaway Oval

Parma, Ohio 44130

(R.Ph. No. 03-2-07715)

This Settlement Agreement is entered into by and between Richard David Sweet 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.

Richard David Sweet voluntarily enters into this Agreement being fully informed of his rights afforded under Chapter 119. of the Ohio Revised Code, including the right to representation by counsel, the right to a formal adjudication hearing on the issues contained herein, and the right to appeal. Richard David Sweet acknowledges that by entering into this agreement he has waived his rights under Chapter 119. of the Revised Code.

Whereas, the Board is empowered by Section 4729.16 of the Ohio Revised Code to suspend, revoke, place on probation, refuse to grant or renew an identification card or enforce a monetary penalty on the license holder for violation of any of the enumerated grounds therein.

Whereas, Richard David Sweet is licensed to practice pharmacy in the State of Ohio.

Whereas, on or about March 7, 2003, pursuant to Chapter 119. of the Ohio Revised Code, Richard David Sweet was notified of the allegations or charges against him, his right to a hearing, his rights in such hearing, and his right to submit contentions in writing. Richard David Sweet requested a hearing; it was scheduled and continued. The March 7, 2003, Notice of Opportunity for Hearing contains the following allegations or charges:

(1) Records of the Board of Pharmacy indicate that Richard David Sweet was originally licensed in the State of Ohio on August 20, 1962, pursuant to examination, and is currently licensed to practice pharmacy in the State of Ohio. Records further reflect that Richard David Sweet was previously disciplined by the Board on January 31, 1995.

(2) Richard David Sweet did, on or about November 7, 2002, knowingly cause another to believe that he would cause him serious physical harm, to wit: while practicing pharmacy at Rite Aid in Cleveland, Richard David Sweet told a customer: "I'll punch you in the [expletive] nose" and "you'll need more than Valium." The customer feared for his safety. Such conduct is in violation of Section 2903.21 of the Ohio Revised Code.

(3) Richard David Sweet is impaired physically or mentally to such a degree as to render him unfit to practice pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code, to wit: Richard David Sweet has admitted to a Board agent that he has threatened a customer of the pharmacy; Richard David Sweet has been observed to be rude and threatening to this and other customers as well as to an employee of the pharmacy; and Richard David Sweet has been observed to be "acting weird" while practicing pharmacy to such an extent that a pharmacy employee begged management not to force him/her to work with him.

Richard David Sweet denies the allegations in paragraph 3; the Board having received evidence from Richard David Sweet to the contrary of paragraph 3, dismisses paragraph 3 with prejudice.

Richard David Sweet, for the purposes of this Settlement Agreement, neither admits nor denies the factual allegations stated in paragraph 2, but admits that on or about November 7, 2002 he had a verbal confrontation with a customer of the Rite Aid Pharmacy, where he was then working.

Whereas, the Board has evidence sufficient to sustain the allegations of paragraph 1, and has sufficient evidence that the verbal confrontation that Richard David Sweet had with a customer of the Rite Aid Pharmacy, where he was then working, which forms the factual basis of paragraph 2, constituted a violation of Section 4729.16(A)(2) of the Ohio Revised Code, 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, Richard David Sweet knowingly and voluntarily agrees with the State Board of Pharmacy to the following:

(A) Richard David Sweet agrees to the imposition of a monetary penalty of two hundred fifty dollars ($250.00) due and owing within thirty days from the effective date of this Agreement. Checks should be made payable to the “Treasurer, State of Ohio” and mailed with the enclosed form to the State Board of Pharmacy, 77 South High Street, Room 1702, Columbus, Ohio 43215-6126.

If, in the judgment of the Board, Richard David Sweet appears to have violated or breached any terms or conditions of this Agreement, the Ohio State Board of Pharmacy reserves the right to, at any time, revoke probation, modify the conditions of probation, and reduce or extend the period of probation, and/or the Board may institute formal disciplinary proceedings for any and all possible violations or breaches, including but not limited to, alleged violation of the laws of Ohio occurring before the effective date of this Agreement.

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

Richard David Sweet waives any and all claims or causes of action he 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. Richard David Sweet waives 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/ Richard David Sweet		/d/ 11/30/04
Richard David Sweet, R.Ph., Respondent		Date of Signature
/s/ Jules N. Koach		/d/ 11/30/04
Jules N. Koach, Attorney for Respondent		Date of Signature
/s/ Lawrence J. Kost		/d/ 12/6/04
Lawrence J. Kost, President, Ohio State Board of Pharmacy		Date of Signature
/s/ Sally Ann Steuk		/d/ 12/6/04
Sally Ann Steuk, Ohio Assistant Attorney General		Date of Signature

10:05 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. Turner 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.

10:10 a.m.

Board member Gregory Braylock arrived and joined the Executive Session in progress.

11:45 a.m.

R-2005-091 The Executive Session ended and the meeting was opened to the public. Mr. Turner moved that the Board deny the request for reconsideration of the Board’s fine that was part of the Board’s Order in the matter of Maynard Turner. The motion was seconded by Ms. Eastman and approved by the Board (Aye-8/Nay-0).

R-2005-092 Ms. Eastman then moved that the Board accept the settlement offer received in the matter of CVS/pharmacy #3458 as long as the changes suggested by the Board are accepted by CVS/pharmacy #3458. The motion was seconded by Mr. Turner and approved by the Board (Aye-5/Nay-3). The settlement will become official upon the signature of all parties.

R-2005-093 Ms. Eastman next moved that the Board accept the settlement offer received in the matter of Dwayne Varner, R.Ph. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0). The settlement will become official upon the signature of all parties.

11:53 a.m.

The Board recessed for lunch.

1:30 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:

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.

Mr. Winsley announced that the arrangements for the July, 2005 Board meeting had been completed. The meeting will be held at the Geneva State Park Lodge.

R-2005-094 Mr. McMillen presented a request for approval as a provider of continuing pharmacy education (CPE) from the Wood County Hospital/Bowling Green. After discussion, Mrs. Gregg moved that the Board approve the Wood County Hospital/Bowling Green as a Board approved provider of CPE. The motion was seconded by Ms. Eastman and approved by the Board (Aye-8/Nay-0).

R-2005-095 The Board then considered a request for an exemption from the prohibition in Rule 4729-5-10 (Prescription pick-up station) received from the following sites:

Cleveland Clinic Children’s Hosp. for Rehabilitation (02-0035750)

Central Admixture Pharmacy Services (02-1312700)

After discussion, Mr. Giacalone moved that the Board approve the request as long as the parties to the request comply with the requirements in the rule for such an exemption. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

R-2005-096 The Board next considered a request for an exemption from the prohibition in Rule 4729-5-10 (Prescription pick-up station) received from the following sites:

Teregen Laboratories (02-1235150)

Various Physician's Offices contained in the letter of request

After discussion, Mr. Braylock moved that the Board approve the request as long as the parties to the request comply with the requirements in the rule for such an exemption. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

R-2005-097 Mr. Keeley presented a request for Board approval of a change to WebMD's current method of transmission of electronic prescriptions. After discussion, Mr. Braylock moved that the Board find the WebMD transmission system approvable pending final inspection of the installed product. The motion was seconded by Mr. Mitchell and approved by the Board (Aye-8/Nay-0).

R-2005-098 Mr. Keeley then presented a request for Board approval of an electronic prescribing system from Mount Carmel Health System. After discussion, Mrs. Gregg moved that the Board find the Mount Carmel Health System’s electronic prescribing system approvable pending final inspection of the installed product. The motion was seconded by Mr. Giacalone and approved by the Board (Aye-8/Nay-0).

R-2005-099 Mr. Keeley next presented a request for Board approval of an electronic prescribing system from Achieve Matrix electronic prescription system for use in nursing homes. After discussion, Mr. Mitchell moved that the Board find the Achieve Matrix electronic prescribing system approvable pending final inspection of the installed product. The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

2:05 p.m.

The Board moved to Room 1952 to conduct a Public Rules Hearing on the proposed new and revised rules previously approved for filing by the Board.

2:40 p.m.

The Public Rules Hearing ended and the Board returned to Room West-B&C to continue their normal business.

There was no Medical Board Prescribing Committee report for this month.

After a discussion of the draft minutes from the November 8-10, 2004 meeting, Mr. Turner moved that they be approved as written. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

The Board then discussed the written and oral comments regarding the proposed new and revised rules received at the Public Rules Hearing. The Board took no official action to change or alter the rules based on the comments received.

4:20 p.m.

The Board meeting was recessed until Tuesday, December 7, 2004.

TUESDAY, DECEMBER 7, 2004

9:35 a.m. ROLL CALL

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

There was no report on the Nursing Board’s Committee on Prescriptive Governance for this month.

R-2005-100 Mr. Keeley presented a request for Board approval of an electronic prescribing system from Bluefish Electronic Prescribing. After discussion, Mrs. Gregg moved that the Board find the Bluefish system approvable pending final inspection of the installed product. The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

Mr. Keeley discussed his Legislative report with the Board.

10:20 a.m.

The Board took a brief recess.

10:31 a.m.

12:05 p.m.

The hearing was recessed for lunch.

1:30 p.m.

R-2005-101 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. 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.

TODD MATTHEW ECKEL	03-2-26512	NEW JERSEY
JUDITH KAY GAGNON	03-2-26550	PENNSYLVANIA
DANIELLE HELEN MARIA HUFFMAN	03-2-26569	MARYLAND
MICHELLE RENEE KOTTEN	03-2-26577	COLORADO
ROSALIND MONTGOMERY	03-2-26581	NEBRASKA
VIKRAM P. SHAH	03-2-26472	ILLINOIS
MARK ANTHONY SHELBY	03-2-26583	ALABAMA

1:32 p.m.

The Board reconvened in Room West-B&C to continue the hearing in the matter of John James Ragaji, R.Ph.

2:13 p.m.

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

2:27 p.m.

4:48 p.m.

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

4:49 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. Lipsyc 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.

5:10 p.m.

The Executive Session ended. The meeting was recessed until Wednesday, December 8, 2004.

WEDNESDAY, DECEMBER 8, 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:

8:02 a.m.

Mr. Braylock 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. Lipsyc 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.

8:40 a.m.

R-2005-102 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 John James Ragaji, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-040823-017)

In The Matter Of:

JOHN JAMES RAGAJI, R.Ph.

1730 Hickory Hill Drive

Columbus, Ohio 43228

(R.Ph. No. 03-2-15678)

INTRODUCTION

THE MATTER OF JOHN JAMES RAGAJI CAME FOR-HEARING ON DECEMBER 7, 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.

JOHN JAMES RAGAJI WAS REPRESENTED BY DANIEL D. CONNOR 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. Stephen D. Harris, R.Ph.

2. John James Ragaji, R.Ph., Respondent

3. Nicholas S. Ragaji, R.Ph.

4. Raleigh Smith, R.Ph.

State's Exhibits

1. Reinstatement Hearing Request letter from Daniel D. Connor [08-19-04]

1A-1C. Procedurals

2. State Board of Pharmacy Settlement Agreement in re John James Ragaji, R.Ph. [07-13-99]

2A. Complaint and Mayor's File record, City of Norton vs. John Ragaji, Case No. 96-TRD-55253, Norton Mayor’s Court [02-04-96 to 03-18-96]

3. Final Disposition Court Record, City of Cuyahoga Falls vs. John J. Ragaji, Case No. 97TRC13834, Cuyahoga Falls Municipal Court District [05-21-98]

4. Notarized Statement of John James Ragaji [06-22-98]

5. Transcribed conversation between John James Ragaji and Paul J. Kover [06-22-98]

6. Woodmere Police Department Crime or Incident Report Complaint No. 97-0007 [01-07-97]; Statement and Affidavit of Damita Freeman Jones [01-06-97]; Commitment, Mittimus and Sentence, State of Ohio vs. John James Ragaji, Case No. 97CRB00071, Bedford Municipal Court [05-20-97]; Village of Woodmere Mayor's Court Receipt No. 13564 for Paid Fine by John James Ragaji [06-10-97]

7. Renewal Application for Pharmacist License of John James Ragaji [07-21-96]

8. Renewal Application for Pharmacist License of John James Ragaji [08-11-97]

9. Accusation, Board of Pharmacy, Department of Consumer Affairs, State of California, In the Matter of the Accusation Against: John Ragaji, John James Ragaji, Case No. 2580 [10-18-02]; Default Decision and Order [02-08-03]

Respondent's Exhibits

AI. PRO Pharmacist’s Recovery Contract for John Ragaji [10-15-02]

A2. Copy of Ohio State Board of Pharmacy Minutes in re John James Ragaji’s Settlement Agreement effective July 13, 1999, Res. No. 2000-010 [08-04-99]

A3. Letter from Patricia F. Harris to John Ragaji [01-09-03]; Declaration of Service by Certified Mail No. 7001 1140 0000 4651 8776 [01-09-03]; California State Board of Pharmacy Default Decision and Order in re John Ragaji, John James Ragaji [02-08-03]; Accusation [10-18-02]

A4. Springbrook Northwest Medical Record for John Ragaji [08-01-01 to 11-26-01]

A5. Letter from Daniel D. Connor [12-02-04]; Accurate Assessments Medical Record for John Raguji(sic) [11-21-02]

A6. Compass Vision, Inc. Licensee Summary Report for John Ragaji [01-16-03 to 11-08-04]; Compass Vision Drug Panel 3 [not dated]; E-mail letter from Michael D. Quigley to Daniel Connor [11-23-04]

A7. Drug Testing Custody and Control Forms [01-16-03 to 09-14-04]

A8. Support Group Attendance Records [10-13-02 to 10-31-04]

A9. Summary Reports of Continuing Pharmacy Education Exam History from U.S. Pharmacist [04-10-98 to 07-11-04] and from PoweRx-Pak C.E. [01-09-03 to 03-07-04]; five Continuing Pharmaceutical Education Certificates [04-27-03 to 04-25-04]

A10. California State Driving History Report No. A4766474 [11/24/04]; Ohio Bureau of Motor Vehicles Abstract Driver Records for John J. Ragaji [11-30-04]

A11. Nine letters of Support [01-09-03 to 10-26-04]; Hope Group Certificate of Appreciation [10-24-04]

B. Support Group Attendance Records [11-01-04 to 12-01-04]

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 John James Ragaji has not complied with the terms set forth in the Settlement Agreement with the State Board of Pharmacy, Docket No. D-990305-036, effective July 13, 1999, nor has he demonstrated satisfactory proof to the Board that he is no longer addicted to or abusing liquor or drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy.

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 denies the reinstatement of the pharmacist identification card, No. 03-2-15678, held by John James Ragaji to practice pharmacy in Ohio. Pursuant to Rule 4729-9-01(F) of the Ohio Administrative Code, John James Ragaji may not be employed by or work in a facility licensed by the State Board of Pharmacy to possess or distribute dangerous drugs during suspension.

Further, two years from the effective date of this Order, the Board will consider any petition filed by John James Ragaji 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 James Ragaji must obtain, within ninety days after the effective date of this Order, a full psychiatric evaluation by a licensed psychiatrist or psychologist and must abide by the treatment plan as designed by that psychiatrist or psychologist. The psychiatrist or psychologist must provide an initial status report, which includes the recommended treatment plan, directly to the Board office within ten days after completing the assessment.

(B) John James Ragaji 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, submit 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) Alcohol must be added to the standard urine drug screen. A Breathalyzer may be used to test for alcohol, but an appropriately certified individual must conduct the test within twelve hours of notification.

(c) Results of all drug and alcohol screens must be negative. Refusals of urine screens or diluted urine 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, indicate 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.

(C) John James Ragaji must demonstrate satisfactory proof to the Board that he is no longer addicted to or abusing liquor or drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy.

(D) John James Ragaji must provide, at the reinstatement petition hearing, documentation of the following:

(1) Compliance with the licensed psychiatrist's or psychologist's recommended treatment plan;

(2) A report by the licensed psychiatrist or psychologist regarding John James Ragaji's fitness for readmission into the practice of pharmacy;

(3) Taking and passing, no more than six months prior to his reinstatement hearing, the Multistate Pharmacy Jurisprudence Examination (MPJE) or an equivalent examination approved by the Board;

(4) 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.);

(5) 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;

(6) Compliance with the terms of this Order.

Upon such time as the Board may consider reinstatement, John James Ragaji will be afforded a Chapter 119. hearing. At such time, the Board may consider reinstatement with or without restrictions and/or conditions as the Board deems appropriate under the circumstances.

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-8/Nay-0).

R-2005-103 Ms. Eastman moved that the Board adopt the following Order in the matter of Donald Christopher Hart, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-040202-054)

In The Matter Of:

DONALD CHRISTOPHER HART, R.Ph.

4882 West Hill Road, CR 31

Port Washington, Ohio 43837

(R.Ph. No. 03-1-12131)

INTRODUCTION

THE MATTER OF DONALD CHRISTOPHER HART CAME FOR HEARING ON DECEMBER 7, 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.

DONALD CHRISTOPHER HART 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. David Gallagher, Ohio State Board of Pharmacy

Respondent's Witnesses

1. Donald Christopher Hart, R.Ph., Respondent

2. Richard A. Kryc, R.Ph.

3. Tom Foti, R.Ph.

4. Reverend Ronald Davis

5. Michael Quigley, R.Ph.

State's Exhibits

1. Summary Suspension Order/Notice of Opportunity For Hearing letter [02-02-04]

1A-1C. Procedurals

1D. Addendum Notice letter [06-30-04]

1E-1G. Procedurals

2. State Board of Pharmacy Order in re Donald Christopher Hart, R.Ph [10-31-94]

3. Judgment Entry-Oral, State of Ohio vs. Donald Christopher Hart, Case No. 94-CR-030092, Tuscarawas County Common Pleas Court [09-14-94]

4. Plea of Guilty, State of Ohio vs. Donald C. Hart, Case No. 04 CR 046, Coshocton County Common Pleas Court [03-29-04]); Judgment Entry on Sentencing [06-04-04]

5. Statement of Donald Christopher Hart [01-19-04]

6. Statement of Scott Hollopeter [01-19-04]

7. Tuscarawas County Sheriff Call Record No. 04-01338 [01-20-04]

8. Belmont County Sheriff’s Office Incident Report No. 04-0371-7 [01-20-04]

9. Drug Audit [05-01-02 to 11-24-03]

Respondent's Exhibits

A. PRO Pharmacist’s Recovery Contract for Donald Christopher Hart [08-31-04]

B. Three Treatment Provider letters from Paul W. McFadden, M.D. [11-23-04], Thomas Strimbu, BA and Linda Holderbaum, PCC, CCDCIII-E [11-24-04] and Jon M. Coventry, MA, LPC/CR and Lorry A. Guthrie, MA, LPCC [12-01-04]

C. Eight letters of support [11-26-04 to 12-02-04]

D. Letter from Diane Shryock to Walmart Department Stores [06-03-04]; copy of Check No. 831815114, made payable to Walmart [05-25-04];

E. Draft of article by D. Christopher Hart, “Chemical Dependency and the Pharmacist” [not dated]; letter from John E. Stanovich [12-01-04]

F. Support Group Attendance Records [01-28-04 to 12-06-04]; Verification letter of Incarceration from Coshocton County Sheriff’s Office [11-23-04]

G. Drug Screen Reports [02-03-04 to 11-29-04]

H. Bill of Information, State of Ohio vs. Donald C. Hart, Case No. 04 CR 046, Coshocton County Common Pleas Court [03-22-04]; Judgment Entry on Sentencing [06-04-04]

I. Eight Continuing Pharmaceutical Education Credit Statements and Certificates [04-15-04 to 10-16-04]

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 Donald Christopher Hart was originally licensed by the State of Ohio as a pharmacist on August 10, 1977, pursuant to examination, and that Donald Christopher Hart’s license to practice pharmacy in Ohio was summarily suspended effective February 2, 2004. Further, the Board previously disciplined Donald Christopher Hart on October 31, 1994.

(2) Donald Christopher Hart is addicted to or abusing drugs to such a degree as to render him unfit to practice pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code, to wit: Donald Christopher Hart admittedly stole controlled substances from his employer for purposes of abuse for a time period of July 2002 through January 2004. Further, Donald Christopher Hart admitted to consuming "approximately 6 to 8 doses of hydrocodone 7.5 mg or 10 mg per day on and off usually 4 to 5 times weekly."

(3) Donald Christopher Hart is impaired physically or mentally to such a degree as to render him unfit to practice pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code, to wit: on or about January 21, 2004, Donald Christopher Hart was found to be unconscious in a motel room in Belmont County, Ohio, after an apparent suicide attempt.

(4) Donald Christopher Hart did, from July, 2002, through January, 2004, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Wal-Mart, beyond the express or implied consent of the owner, to wit: Donald Christopher Hart admittedly stole the following controlled substances:

Drug	Quantity
OxyContin 20 mg	20 doses
hydrocodone/APAP 7.5/750 mg	484 doses
hydrocodone/APAP 10/500 mg	718 doses
hydrocodone/APAP 10/650 mg	511 doses
hydrocodone/APAP 10/660 mg	182 doses
hydrocodone/Ibuprofen 7.5/200 mg	220 doses
Vicoprofen 7.5/100 mg	200 doses

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

(5) Donald Christopher Hart did, on or about March 29, 2004, plead guilty in State of Ohio vs. Donald C. Hart, Case No. 04 CR 046, Coshocton County Common Pleas Court, to three counts of Theft of Drugs, felonies of the fourth degree under Section 2913.02(A)(1) & (B)(6) of the Ohio Revised Code.

CONCLUSIONS OF LAW

(1) The State Board of Pharmacy concludes that paragraphs (4) and (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 (4) and (5) of the Findings of Fact constitute being guilty of dishonesty and unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code.

(3) The State Board of Pharmacy concludes that paragraphs (2) and (3) of the Findings of Fact constitute 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 Donald Christopher Hart on February 2, 2004.

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 Donald Christopher Hart 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. 03-1-12131, held by Donald Christopher Hart 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. 03-1-12131, held by Donald Christopher Hart 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. 03-1-12131, held by Donald Christopher Hart effective as of the date of the mailing of this Order.

Pursuant to Section 4729.16(B) of the Ohio Revised Code, Donald Christopher Hart 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-5/Nay-4).

8:59 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 matters of Paul William Woodruff, R.Ph., Norton, and Barberton Citizens Hospital, T.D., Barberton. Mr. Giacalone recused himself from the hearing and the resultant deliberations.

11:38 a.m.

The hearing ended and the record was closed. The Board recessed for lunch.

1:00 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:

R-2005-104 After a discussion concerning recent information received about the Intellifill Robot system that had been presented to the Board previously, Mrs. Gregg moved that the Board find the system approvable for implementation pending final inspection of the system and its policies and procedures. This approval is to be for the filling of saline and heparin flushes only at this time. Before implementation of the vial mode of filling, the Board must review that process. The motion was seconded by Mr. Giacalone and approved by the Board (Aye-8/Nay-0).

R-2005-105 The Board then continued the discussion of issues raised at the November meeting and again at the Public Rules Hearing regarding the Board’s rule that defines positive identification [Division (N) of OAC Rule 4729-5-01]. A decision was made to appoint an Ad Hoc Committee to review the rules in Chapter 4729-17 of the Administrative Code, including a review of the impact of the requirement for positive identification in the institutional setting. President Kost appointed Mrs. Gregg to chair this committee and also appointed Mr. Giacalone to be the second Board member on the committee. Board staff will request affected parties and associations to submit names for the Board’s consideration as possible committee members.

1:09 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 Matthew Donavon Nourse, R.Ph., Lucasville. Mr. Mitchell recused himself from the hearing and the resultant deliberations.

2:47 p.m.

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

2:50 p.m.

Mr. Lipsyc moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code. The motion was seconded by Mrs. Gregg 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.

3:24 p.m.

R-2005-106 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 Matthew Donavon Nourse, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-040123-002)

In The Matter Of:

MATTHEW DONAVON NOURSE, R.Ph.

1054 Graham Lane

Lucasville, Ohio 45648

(R.Ph. No. 03-1-22575)

INTRODUCTION

THE MATTER OF MATTHEW DONAVON NOURSE CAME FOR HEARING ON DECEMBER 8, 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.

MATTHEW DONAVON NOURSE WAS REPRESENTED BY SHANE A. TIEMAN AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

State’s Witnesses

None

Respondent's Witnesses

1. Matthew Donavon Nourse, R.Ph., Respondent

2. Steven A. Goldblatt, R.Ph.

3. Don Nourse

State's Exhibits

1. Reinstatement Hearing Request letter from Matt Nourse [01-21-04]

1A-1D. Procedurals

2. Statement of Shirley R. Leslie [07-17-02]

2A. State Board of Pharmacy Order in re Matthew Donavon Nourse, R.Ph. [07-21-03]

3. Sixteen Accountability Statements completed at Rite Aid #4708 for the following drugs: hydrocodone bit./APAP 10/650 mg, hydrocodone bit./APAP 5/500 mg, hydrocodone bit./APAP 7.5/500 mg, hydrocodone bit./APAP 7.5/750 mg, Vicodin ES 7.5/750 mg, Vicoprofen 7.5/200 mg, lorazepam 0.5 mg, lorazepam 1 mg, lorazepam 2 mg, Xanax 1 mg, alprazolam 1 mg, diazepam 10 mg, diazepam 2 mg, diazepam 5 mg, Valium 10 mg, and Valium 5 mg [05-13-03]; Audit Summary of Drugs Mr. Nourse Admitted To Stealing [not dated]

4. Summary of Unauthorized Prescriptions for Matthew Nourse [09-14-99 to 01-17-02]; Rx # 40875 [09-14-99]; Rx # 41719 [09-27-99]; Rx # 43201 [10-16-99]; Rx # 48198 [01-03-00]; Rx # 48878 [01-12-00]; Rx # 48879 [01-12-00]; Rx # 60266 [07-04-00]; Rx # 63323 [08-22-00]; Rx # 66607 [10-08-00]; Rx # 70745 [12-04-00]; Rx # 79286 [03-26-01]; Rx # 81299 [04-23-01], Rx # 82565 [05-11-01], Rx # 98619 [01-09-02]; Rx # 98814 [01-09-02]; Rx # 99315 [01-17-02]

5. Statement of Matt Nourse [04-15-99]

6. Letter from Dr. James Baber, M.D. to Wal-Mart Corporation [07-22-02], Drug Screen Report re Matthew Nourse [04-02-99]

7. DEA Report of Theft of Loss of Controlled Substances of Wal-Mart Pharmacy 10-1564 [05-10-99]

8. Official Report, New Boston Police Department, Report No. OR 04-15-991497 [04-15-99]

9. Village of New Boston Case Worksheet for WalMart vs. Nourse, Matthew D., Case No. 99CRB76A [04-26-99]

10. Restitution Note from Matthew D. Nourse to Wal-Mart Stores, Inc. [04-15-99]

11. Indictment, State of Ohio vs. Matthew Norse(sic), Case No. 203CR03, Pike County Common Pleas Court [11-26-03]; Warrant to Arrest on Indictment or Information [12-03-03]; Judgment Entry on Defendant’s Request for Treatment in Lieu of Conviction [11-16-04]

Respondent's Exhibits

A. PRO Pharmacist’s Recovery Contract for Matt Nourse [08-07-03]

B. Support Group Attendance Records [07-30-02 to 11-24-04]

C. Compass Vision Licensee Summary Report for Matt Nourse [01-16-03 to 10-26-04]; two Chain of Custody forms [11-18-04]; Compass Vision Drug Panel 3 Listing of Drugs [not dated]

D. Two Psychological Evaluation and Consultation Reports from Joseph M. Carver, Ph.D. [09-26-03 and 07-14-04]

E. Intensive Outpatient Group Certificate of Completion for Matthew Nourse [09-24-02]; Letter from R. Drew Hunter, RC, MS [07-23-03]

F. Copy of letter from Shane A. Tieman, Esquire to Bill Crosley [11-15-04]; Sixteen Accountability Statements completed at Rite Aid #4708 for the following drugs: hydrocodone bit./APAP 10/650 mg, hydrocodone bit./APAP 5/500 mg, hydrocodone bit./APAP 7.5/500 mg, hydrocodone bit./APAP 7.5/750 mg, Vicodin ES 7.5/750 mg, Vicoprofen 7.5/200 mg, lorazepam 0.5 mg, lorazepam 1 mg, lorazepam 2 mg, Xanax 1 mg, alprazolam 1 mg, diazepam 10 mg, diazepam 2 mg, diazepam 5 mg, Valium 10 mg, and Valium 5 mg [05-13-03]

G. State of Ohio vs. Matthew Norse(sic), Case No. 203CR03, Pike County Common Pleas Court Indictment [11-26-03]; Plea of No Contest [10-27-04]; Judgment Entry on Defendant’s Request for Treatment in Lieu of Conviction [11-16-04]

H. Three letters of support [02-23-04 and 04-27-04]

I. Nine letters of support [05-05-03 to 12-02-04]

J. Two Summary Reports of Continuing Pharmacy Education Credits [04-27-03 to 05-10-04]

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 Matthew Donavon Nourse has complied with the terms set forth in the Order of the State Board of Pharmacy, Docket No. D-020806-003, effective July 21, 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. 03-1-22575, held by Matthew Donavon Nourse to practice pharmacy in Ohio and places Matthew Donavon Nourse on probation for five years beginning on the effective date of this Order, with the following conditions:

(A) Matthew Donavon Nourse 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.

(2) The intervener/sponsor shall provide copies of all drug and alcohol 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) Matthew Donavon Nourse 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 Matthew Donavon Nourse's progress towards recovery and what Matthew Donavon Nourse has been doing during the previous three months.

(1) The State Board of Pharmacy hereby declares that Matthew Donavon Nourse'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) Matthew Donavon Nourse may not serve as a responsible pharmacist.

(3) Matthew Donavon Nourse may not destroy, assist in, or witness the destruction of controlled substances.

(4) Matthew Donavon Nourse may not, during the first six months of practice, work in a pharmacy more than 40 hours per week.

(5) Matthew Donavon Nourse may not dispense prescriptions for himself or for any member of his family.

(6) Matthew Donavon Nourse must, during the first six months of practice, work only with a pharmacist whose license is in good standing.

(7) Matthew Donavon Nourse must continue efforts of payment for restitution.

(8) Matthew Donavon Nourse must abide by the contract with his treatment provider and must immediately report any violation of the contract to the Board.

(9) Matthew Donavon Nourse must not violate the drug laws of Ohio, any other state, or the federal government.

(10) Matthew Donavon Nourse must abide by the rules of the State Board of Pharmacy.

(11) Matthew Donavon Nourse must comply with the terms of this Order.

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

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

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

MOTION CARRIED.

SO ORDERED.

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

R-2005-107 Mr. Braylock then moved that the Board adopt the following Order in the matter of Barberton Citizens Hospital:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-040810-013)

In The Matter Of:

BARBERTON CITIZENS HOSPITAL

c/o Paul William Woodruff, R.Ph.

155 Fifth Street N.E.

Barberton, Ohio 44203-3332

(T.D. No. 02-0968550)

INTRODUCTION

THE MATTER OF BARBERTON CITIZENS HOSPITAL CAME FOR HEARING ON NOVEMBER 8, 2004, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: LAWRENCE J. KOST, R.Ph. (presiding); GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, 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.

BARBERTON CITIZENS HOSPITAL WAS REPRESENTED BY CATHERINE M. BALLARD AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

State’s Witnesses

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

Respondent's Witnesses

1. Paul William Woodruff, R.Ph.

2. Willard Roderick, President & CEO, Barberton Citizens Hospital

State's Exhibits

1A. Notice of Opportunity For Hearing letter for Barberton Citizens Hospital [08-10-04]

1B. Notice of Opportunity For Hearing letter for Paul William Woodruff, R.Ph. [08-10-04]

1C-1E. Procedurals

2. Barberton Citizens Hospital Department of Pharmacy Policies & Procedures for “Floor Stock Medications” [Reviewed April 26, 2002]

3. Barberton Citizens Hospital Department of Pharmacy Policies & Procedures for “Scope of Care” [Reviewed December 20, 2001]

4. Barberton Citizens Hospital Department of Pharmacy Policies & Procedures for “Surgery Order” [Reviewed and Revised May 14, 2002]

5. Surgery (Eye Section) Stock Order Form for Barberton Citizens Hospital [not dated]

6. Cardinal Health Computer Screen Print for Inventory Program showing generic products for BSS [not dated]

7. Surgery (Eye Section) Stock Order Form for Barberton Citizens Hospital [01-15-04 to 03-22-04]

8. Cardinal Health Pharmaceutical Distribution Original Invoice Copy 6798917 and Original Invoice Copy 6800206 for Barberton Citizens Hospital [03-12-04]

9. Nine Barberton Citizens Hospital Operating Room Record Cataract Procedures completed forms [03-25-04]

10. Notarized Statement of Marlene L. Garrett [04-16-04]

11. Two Cardinal Health Computer Screen Prints for Inventory Program showing products matching BSS and generic products matching BSS [not dated]

12. Physicians Desk Reference (PDR) Product Information for Eye-Stream® [not dated]

13. Manufacturer’s Product Package Insert for Eye Stream® [Revised September 1992]

14. Drug Facts and Comparisons Ophthalmic Non-Surgical Adjuncts for Eye Stream® [January 2000]

Respondent's Exhibits

A. Barberton Citizens Hospital Board of Managers/Board of Trustees Members [08/31/04]

B. Resume of Paul Woodruff [not dated]

C. Barberton Citizens Hospital Department of Pharmacy Policies & Procedures for "Drug Substitution, Procurement" [Revised August 24, 2004]; "Surgery Order" [Revised August 16, 2004]; "Stock Orders" [Revised August 16, 2004]; "Deliveries, Wholesale" [Revised June 16, 2004]; "Medication Errors" [Revised April 23, 2004]; "Communication Forms, Pharmacy Medication" [Revised June 22, 2004]; "Balanced Salt Solution with Vancomycin & Gentamicin" [Revised April 23, 2004]; and Barberton Citizens Hospital Policy No. 714, "Medication Management: Administration of Medications" [Reviewed/Revised April 2004]

D. Letter to patient from Willard P. Roderick, President, Chief Executive Officer, Barberton Citizens Hospital [04-05-04]

E. Letter to Patients and Community from Willard P. Roderick, President & CEO, Barberton Citizens Hospital [04-06-04]; and Letter to Employees [04-05-04]

F. Letter from Jacqueline Lewis to Willard Roderick [05-03-04]

G. Statement of Willard P. Roderick [not dated]

H. Statement of Paul Woodruff [not dated]

I-1-5. Five Letters of Support in re Paul W. Woodruff [11-24-04 to 12-04-04]

J. Statement of Michael R. Cohen, R.Ph., Sc.D. [not dated]; Curriculum Vitae of Michael R. Cohen [not dated]

K. Statement of Geraldine H. Amori, Ph.D., ARM, CPHRM, DFASHRM [not dated]

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 Barberton Citizens Hospital, 155 Fifth Street N.E., Barberton, Ohio, is licensed as a Terminal Distributor of Dangerous Drugs, No. 02-0968550, and Paul William Woodruff is the Responsible Pharmacist pursuant to Rule 4729-17-02 of the Ohio Administrative Code and Sections 4729.27 and 4729.55 of the Ohio Revised Code.

(2) Barberton Citizens Hospital did, on or about March, 2004, cease to satisfy the qualifications of a terminal distributor of dangerous drugs set forth in Section 4729.55 of the Revised Code within the meaning of Section 4729.57 of the Ohio Revised Code, to wit: adequate safeguards are not assured that Barberton Citizens Hospital will carry on the business of a terminal distributor of dangerous drugs in a manner that allows pharmacists and pharmacy interns to practice pharmacy in a safe and effective manner. Specifically, the process of ordering drugs, by non-pharmacists, allowed for drug substitutions to be made of products which were not generically equivalent. During cataract surgeries, on or about March 25, 2004, patients were instilled intraocularly with a non-generically equivalent drug which was inappropriate for such use, causing patient harm.

(3) Barberton Citizens Hospital failed to implement policies and procedures consistent with federal and state laws and rules, and/or to adhere to such policies and procedures, so as to provide for the safe and effective distribution of drugs, to wit: hospital and pharmacy policy allowed non-pharmacists to order replacement drugs to be sent to the hospital floors, allowing a situation in March, 2004, which sent Eye Stream® to replace the depleted stock of BSS™. These two drugs are not generically equivalent; and, the use of the former as a substitute for the latter caused patient injury. Such conduct is in violation of Rule 4729-17-02(C)(3) of the Ohio Administrative Code.

(4) Barberton Citizens Hospital maintained supplies of dangerous drugs in patient care areas according to written policies; however, the policies, and adherence thereto, failed to provide for the proper storage and labeling of such drugs, to wit: the policies permitted a situation in March, 2004, which sent Eye Stream® to replace the depleted stock of BSS™, but storage and labeling failed to indicate that the drugs were not generically equivalent. Such conduct is in violation of Rule 4729-17-03(B)(2) of the Ohio Administrative Code.

(5) Barberton Citizens Hospital maintained supplies of dangerous drugs in patient care areas according to written policies; however, the policies, and adherence thereto, failed to provide for the proper replacement of drugs used and for the drug supply to be re-sealed. The policies allowed for interchanges of non-generically equivalent drugs for floor stock. Such conduct is in violation of Rule 4729-17-03(B)(5) of the Ohio Administrative Code.

CONCLUSION OF LAW

The State Board of Pharmacy concludes that paragraphs (3) through (5) of the Findings of Fact constitute being guilty of violating any rule of the Board as provided in Division (A)(2) of Section 4729.57 of the Ohio Revised Code.

DECISION OF THE BOARD

Pursuant to Section 4729.57 of the Ohio Revised Code, and after consideration of the record as a whole, the State Board of Pharmacy hereby imposes a monetary penalty of three thousand dollars ($3,000.00) on Barberton Citizens Hospital and payment of the monetary penalty is due and owing within thirty days of the mailing of this Order. The remittance should be made payable to the "Treasurer, State of Ohio" and mailed with the enclosed form to the State Board of Pharmacy, 77 South High Street, Room 1702, Columbus, Ohio 43215-6126.

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

MOTION CARRIED.

SO ORDERED.

The motion was seconded by Ms. Eastman and approved by the Board (Aye-6/Nay-1).

R-2005-108 Mr. Lipsyc moved that the Board adopt the following Order in the matter of Paul William Woodruff, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-040810-012)

In The Matter Of:

PAUL WILLIAM WOODRUFF, R.Ph.

3663 Durham Drive

Norton, Ohio 44203-6338

(R.Ph. No. 03-3-09616)

INTRODUCTION

THE MATTER OF PAUL WILLIAM WOODRUFF CAME FOR HEARING ON DECEMBER 8, 2004, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: LAWRENCE J. KOST, R.Ph. (presiding); GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, 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.

PAUL WILLIAM WOODRUFF WAS REPRESENTED BY CATHERINE M. BALLARD AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

State’s Witnesses

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

Respondent's Witnesses

1. Paul William Woodruff, R.Ph., Respondent