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NOTE: The following Minutes are provided for informational purposes only. If you would like to obtain an official copy of these Minutes, please contact the State Board of Pharmacy at 614/466-4143 for instructions and fee. |
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STATE BOARD OF
PHARMACY; Tel: 614/466-4143 Fax: 614/752-4836 Eml: |
Minutes Of The Meeting
March 7 & 8, 2005
MONDAY, MARCH 7, 2005
10:06 a.m. ROLL CALL
The State Board of Pharmacy convened in Room East-B, 31st
Floor,
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; David Rowland, Legal Affairs Administrator; and Sally Ann Steuk, Assistant Attorney General.
Mr. Winsley announced that the following settlement agreement had been signed by all parties and was now effective:
R-2005-141 SETTLEMENT AGREEMENT WITH THE
STATE BOARD OF PHARMACY
(Docket No. D-040810-019)
In The Matter Of:
STEPHEN PAUL BONFIGLIO, R.Ph.
(R.Ph. No. 03-3-15801)
This Settlement Agreement is
entered into by and between Stephen Paul Bonfiglio 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
Stephen Paul Bonfiglio 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. Stephen Paul Bonfiglio 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, Stephen Paul
Bonfiglio is licensed to practice pharmacy in the State of
Whereas, on or about August 10, 2004 and January 19, 2005, pursuant to Chapter
119. of the Ohio Revised Code, Stephen Paul Bonfiglio 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. Stephen Paul Bonfiglio requested
a hearing; it was scheduled and continued.
The August 10, 2004, Notice of
(1) Records of the
State Board of Pharmacy indicate that Stephen Paul Bonfiglio was originally
licensed in the State of
(2) Stephen Paul
Bonfiglio did, on or about July 9, 2002, knowingly make a false statement with
purpose to secure the issuance of a license or registration, to wit: Stephen
Paul Bonfiglio indicated on his pharmacist license renewal application that he
had not been charged with a crime when in fact he had been charged with operating
a motor vehicle while under the influence of alcohol and/or drugs in the State
of Indiana, on May 18, 2002. Such
conduct is in violation of Section 2921.13 of the Ohio Revised Code.
(3) Stephen Paul
Bonfiglio did, on or about August 25, 2003, knowingly make a false statement
with purpose to secure the issuance of a license or registration, to wit:
Stephen Paul Bonfiglio indicated on his pharmacist license renewal application
that he had not been charged with a crime when in fact he had been convicted of
operating a motor vehicle while under the influence of alcohol and/or drugs in
the State of Indiana, on September 24, 2002.
Such conduct is in violation of Section 2921.13 of the Ohio Revised
Code.
Whereas, 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, Stephen Paul Bonfiglio knowingly and voluntarily agrees with the State Board of Pharmacy
to the following:
(A) Stephen Paul
Bonfiglio agrees to the imposition of a monetary penalty of two thousand
dollars ($2,000.00), 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 form to the State Board of Pharmacy, 77 South High Street, 17th Floor,
Columbus, Ohio 43215-6126.
If, in the judgment of the Board, Stephen Paul Bonfiglio 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.
Stephen Paul Bonfiglio 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
Stephen Paul
Bonfiglio waives any and all claims or causes of action he may have against the
State of
This Settlement Agreement
shall be considered a public record, as that term is used in Section 149.43 of
the Ohio Revised Code, and shall become effective upon the date of the Board
President’s signature below.
|
/s/ Stephen
Paul Bonfiglio RPh |
|
/d/ 2–20–05 |
|
|
Stephen Paul
Bonfiglio, R.Ph., Respondent |
|
Date of
Signature |
|
|
/s/ Ralph
E Breitfeller |
|
/d/ 2/24/05 |
|
|
Ralph E.
Breitfeller, Attorney for Respondent |
|
Date of
Signature |
|
|
/s/ Lawrence
J. Kost |
|
/d/ 3/7/05 |
|
|
|
|
Date of
Signature |
|
|
/s/ Sally
Ann Steuk |
|
/d/ 3–8–05 |
|
|
Sally Ann
Steuk, Ohio Assistant Attorney General |
|
Date of
Signature |
|
10:11 a.m.
Mrs. Gregg moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code and for the purpose of conferring with an attorney for the Board regarding pending or imminent court action pursuant to Section 121.22(G)(3) of the Revised Code. The motion was seconded by Ms. Eastman 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.
10:15 a.m.
Board Member Gregory Braylock arrived and joined the Executive Session in progress.
10:50 a.m.
R-2005-142 The Executive Session ended and the meeting was opened to the public. Mrs. Gregg moved that the Board issue the following Cease and Desist letter in the matter of ASD Specialty Healthcare. The motion was seconded by Mrs. Teater and approved by the Board (Aye-7/Nay-0/Abstain-1[Braylock]).
CEASE AND DESIST
ASD Specialty Healthcare, Inc.
c/o John Shelton, OMGR
7881 National Turnpike
Re:
Illegal Sales of Drugs
Dear Mr. Shelton:
Board of Pharmacy records
indicate that you are the Responsible Person for ASD Specialty Healthcare, Inc.,
Ohio Wholesale Distributor Registration Certificate No. 01-0774200, which distributes dangerous drugs and/or
controlled substances at wholesale into the state of
Please
be reminded that Section 4729.60(A) of the Ohio Revised Code states in pertinent
part:
(A) Before a
registered wholesale distributor of dangerous drugs may sell dangerous drugs at
wholesale to any person, other than the persons specified in divisions
(B)(1)(a) to (d) and (B)(1)(f) to (h) of section 4729.51 of the Revised Code,
such wholesale distributor shall obtain from the purchaser and the purchaser
shall furnish to the wholesale distributor a certificate indicating that the
purchaser is a licensed terminal distributor of dangerous drugs. . . .
Violation of this provision
constitutes a violation of Section 4729.51(B) of the Ohio Revised Code, a
misdemeanor of the first degree, and is punishable by a fine of $1,000.00 and
incarceration up to 6 months for an individual, and is punishable by a fine of
$5,000.00 for an organization. Additionally,
Section 2925.03 of the Ohio Revised Code prohibits the sale of controlled
substances unless the seller is acting in accordance with Chapters 3719. and
4729. of the Ohio Revised Code, each of which requires licensure. A violation of this section is a felony
depending upon the amount of the substance, and is punishable by a mandatory
fine of up to $15,000.00 and incarceration up to the lifetime of the offender
for an individual, and is punishable by a fine of $25,000.00 for an
organization. If purchasers of your
drugs are not so licensed, they therefore cannot legally receive in commerce
dangerous drugs. To so distribute is in
violation of
Specifically, the attached
document indicates that ASD sold dangerous drugs to Concentra Managed Care,
located in
YOU ARE HEREBY ADVISED that
pursuant to Section 4729.25(B) of the Ohio Revised Code the Board of Pharmacy
may issue notice or warning to an alleged offender of any of the provisions of
Chapter 4729. of the Ohio Revised Code; thus, you are hereby notified to
immediately CEASE distribution, sale or delivery of dangerous drugs in the
state of Ohio unless you dutifully ensure that your purchaser is properly
licensed, and DESIST from any further violations of Chapter 4729. of the
BY
ORDER OF THE STATE BOARD OF PHARMACY
R-2005-143 Ms. Eastman moved that the Board deny the settlement offer received in the matter of Elizabeth Warner, R.Ph. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).
R-2005-144 Mr. Braylock then moved that the Board deny the request to change the Board’s Order issued in the matter of Dana Casper, R.Ph. The motion was seconded by Ms. Eastman and approved by the Board (Aye-7/Nay-0/Abstain-1[Lipsyc]).
R-2005-145 Mr. Lipsyc moved that the Board accept the settlement offer in the matter of Stephen Daley, R.Ph. as amended by the Board. The motion was seconded by Mr. Mitchell and approved by the Board (Aye-8/Nay-0). The settlement will become official upon receiving the signatures of all parties.
Mr. Rowland distributed letters received from Eric Youngblood, Pharmacy Intern that were written as part of his compliance with his Board Order. No official action by the Board was required.
R-2005-146 Mr. Braylock moved that the Board accept the restitution plan submitted by James Smetana, R.Ph. as part of his compliance with his Board Order. The motion was seconded by Mr. Giacalone and approved by the Board (Aye-8/Nay-0).
R-2005-147 Mrs. Gregg moved that the Board adopt the following recognition resolution for Sandra Butler, recognizing her many years of service to the Board of Pharmacy. The motion was seconded by Ms. Eastman and approved by the Board (Aye-8/Nay-0).
WHEREAS, the Board’s
Executive Secretary Sandra L. Butler has been with the Board since March of 1970,
giving of herself great dedication and personal sacrifice to the benefit of the
Board and the citizens of the State of Ohio for over 30 years;
WHEREAS, her efforts have
significantly contributed to the ongoing operation of this Board, enabling this
Board to serve its constituents effectively and efficiently;
WHEREAS, the Board recognizes
that, upon her retirement this March 31, 2005, her daily presence in the Board
office will be greatly missed;
BE IT RESOLVED that we, the
undersigned Members of the Ohio State Board of Pharmacy, in the Board’s
one-hundred twentieth year, do hereby express our profound appreciation to
Sandra L. Butler for her dedication and service to the Board and to the
citizens of Ohio; and
BE IT FURTHER RESOLVED that this
resolution be spread upon the permanent minutes of the Ohio State Board of
Pharmacy and a copy presented to:
SANDRA L. BUTLER
The Board then discussed the proposed consolidation and reorganization of 27 Boards and Commissions that was contained in the Executive Budget (HB66). The Board discussed ways that the Board’s concerns with this proposal could be addressed.
11:00 a.m.
The Board took a brief recess.
11:14 a.m.
The Board discussed the FY06-07 Budget that had been submitted by the Governor to the Legislature. The Board members agreed that they were not in favor of the proposed reorganization of the Boards and Commissions that was contained in the Budget and discussed alternatives that could be suggested.
12:11 p.m.
The Budget discussion ended and the Board recessed for lunch.
1:32 p.m.
The Board reconvened in Room East-B, 31st Floor,
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.
1:33 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 Elizabeth Warner,
R.Ph.,
3:07 a.m.
The hearing ended and the record was closed. The Board took a brief recess.
3:23 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 Ronald Stevens,
R.Ph.,
6:46 p.m.
The hearing ended and the record was closed. The Board meeting was recessed until Tuesday, March 8, 2005.
TUESDAY, MARCH 8, 2005
8:00 a.m. ROLL CALL
The Board reconvened in Room East-B, 31st Floor,
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.
8:09 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. 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.
10:18 a.m.
R-2005-148 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 Elizabeth Warner, R.Ph.:
ORDER OF THE STATE BOARD OF PHARMACY
(Docket No. D-031104-029)
In The Matter Of:
ELIZABETH MARIE WARNER, R.Ph.
(R.Ph. No. 03-3-16196)
INTRODUCTION
THE MATTER
OF ELIZABETH WARNER CAME FOR HEARING ON MARCH 7, 2005, 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.
ELIZABETH
MARIE WARNER WAS REPRESENTED BY RICHARD D. SUMMERS AND THE STATE OF
SUMMARY OF EVIDENCE
State’s Witnesses
1. Joann Predina,
Respondent's Witnesses
1. Elizabeth
Warner, R.Ph., Respondent
State's Exhibits
1. Summary Suspension Order/Notice of
Opportunity For Hearing letter
[11-04-03]
1A-1B. Procedurals
1C. Amendment Notice [12-24-03]
1D-1I. Procedurals
2. Notarized Statement of Elizabeth
Warner. [11-24-03]
3. Photocopies of unit dose packages of
pseudoephedrine HCL 60 mg; hydroxyzine HCL 25 mg; Remeron 15 mg; Augmentin 875
mg., Zithromax 250 mg; diphenhydramine HCL 25 mg; and theophylline 300 mg
Respondent's Exhibits
A. University Hospitals HealthSystem
Neuropsychological Evaluation of Elizabeth Warner [10-15-04]
B. Two Treatment Compliance letters from
Jose I. Suarez, MD [01-04-05 and
02-18-05]
C. Cardiac Evaluation letter from Lloyd
Greene, M.D. [08-31-04]
D. Chemical Dependency Assessment Report of
Elizabeth M. Warner [02-16-05]
E. Cuyahoga County Probation Status Report
for Elizabeth Warner [03-01-05]
F. Case Docket Listing, State of
G. Letter from Carl Lufter, R.Ph. [02-23-05]
H. Twenty Continuing Pharmaceutical
Education Credits and Certificates [01-12-05
to 03-01-05]
I-O. Seven Letters of Support [02-15-05 to
03-01-05]
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 Board of Pharmacy indicate that Elizabeth Marie Warner was originally
licensed by the State of
(2) Elizabeth
Marie Warner is mentally and/or physically impaired to such a degree as to
render her unfit to practice pharmacy, to wit: on or about July 30, 2003,
Elizabeth Marie Warner had a seizure and collapsed at work, and was in a coma
in the neurointensive care unit with possible permanent brain damage. Elizabeth Marie Warner admitted to a board
specialist that she had been self-medicating, and was found in illegal
possession of dangerous drugs at the time of her seizure. Elizabeth Marie Warner has admitted that she
is incapable of practicing pharmacy due to severe brain trauma. Further, Elizabeth Marie Warner has problems
with concentration and short-term memory.
Elizabeth Marie Warner has admitted that she "might hurt someone as
a pharmacist." Such condition
indicates that the continuation of Elizabeth Marie Warner's professional
practice presents a danger of immediate and serious harm to others within the
meaning of Section 3719.121 of the Ohio Revised Code, and that Elizabeth Marie
Warner is impaired to such a degree as to render her unfit to practice pharmacy
within the meaning of Section 4729.16 of the Ohio Revised Code.
(3) Elizabeth
Marie Warner did, prior to July 30, 2003, with purpose to deprive, knowingly
obtain or exert control over dangerous drugs, the property of University
Hospitals of
|
Drug |
Qty |
|
theophylline ER 300 mg |
30 |
|
Zithromax 250 mg |
2 |
|
hydroxyzine 25 mg |
2 |
|
Remeron 15 mg |
5 |
|
Augmentin 875 mg |
2 |
Such
conduct is in violation of Section 2913.02 of the Ohio Revised Code.
(4) Elizabeth
Marie Warner did, prior to July 30, 2003, with purpose to deprive, knowingly
obtain or exert control over property of University Hospitals of
|
Drug |
Qty |
|
diphenhydramine 25 mg |
4 |
|
pseudoephedrine 60 mg |
1 |
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) and (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.
(2) The
State Board of Pharmacy concludes that paragraph (2) of the Findings of Fact
constitutes being addicted to or abusing liquor or drugs or impaired physically
or mentally to such a degree as to render her unfit to practice pharmacy as
provided in Division (A)(3) of Section 4729.16 of the Ohio Revised Code.
(3) The
State Board of Pharmacy concludes that paragraph (2) of the Findings of Fact
constitutes being guilty of willfully violating, conspiring to violate,
attempting to violate, or aiding and abetting the violation of provisions of
Chapter 3719. of the Revised Code as provided in Division (A)(5) of Section
4729.16 of the
DECISION OF THE BOARD
Pursuant
to Section 3719.121 of the Ohio Revised Code, the State Board of Pharmacy
hereby removes the Summary Suspension Order issued to Elizabeth Marie Warner on
November 4, 2003.
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 reinstates the pharmacist
identification card, No. 03-3-16196, held by Elizabeth Marie Warner to practice
pharmacy in Ohio and places Elizabeth Marie Warner on probation for two years
beginning on the effective date of this Order, with the following conditions:
(A) Elizabeth
Marie Warner may not, during the first 30 days of practice, work in a pharmacy
more than six hours per day and a maximum of 30 hours per week.
(B) Elizabeth
Marie Warner may not, during the next five months of practice, work in a
pharmacy more than eight hours per day and a maximum of 40 hours per week.
(C) Elizabeth
Marie Warner must, during the first six months of practice, be directly
supervised by another pharmacist whose license is in good standing.
(D) Elizabeth
Marie Warner may not dispense prescriptions for herself or her family.
(E) Elizabeth
Marie Warner must submit to the Board, each year for two years, documentation
from her neurologist that she continues to maintain the cognitive abilities
needed to function in a pharmacy work environment.
(F) Prior
to practicing pharmacy, Elizabeth Marie Warner must enter into an agreement
with the facility’s Responsible Pharmacist that mandates the Responsible
Pharmacist to submit a progress report to the Board every two months for six months
from the date of employment.
(G) Other
terms of probation are as follows:
(1) The
State Board of Pharmacy hereby declares that Elizabeth Marie Warner'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) Elizabeth
Marie Warner may not serve as a responsible pharmacist.
(3) Elizabeth
Marie Warner may not destroy, assist in, or witness the destruction of
controlled substances.
(4) Elizabeth
Marie Warner must not violate the drug laws of
(5) Elizabeth
Marie Warner must abide by the rules of the State Board of Pharmacy.
(6) Elizabeth
Marie Warner must comply with the terms of this Order.
(H) Any violation of probation or any
unsatisfactory performance review may result in a Board hearing to consider
alternative or additional sanctions under Section 4729.16 of the Ohio Revised
Code.
Elizabeth
Marie Warner 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 (Aye-8/Nay-0).
MOTION CARRIED.
SO
ORDERED.
The motion was seconded by Mrs. Teater and approved by the Board (Aye-8/Nay-0).
R-2005-149 Mr. Braylock then moved that the Board adopt the following Order in the matter of Ronald Stevens, R.Ph.:
ORDER OF THE STATE BOARD OF PHARMACY
(Docket No. D-041006-026)
In The Matter Of:
RONALD HEATH STEVENS, R.Ph.
(R.Ph. No. 03-3-21936)
INTRODUCTION
THE
MATTER OF RONALD HEATH STEVENS CAME FOR HEARING ON MARCH 7, 2005, 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.
RONALD
HEATH STEVENS WAS NOT REPRESENTED BY COUNSEL AND THE STATE OF
SUMMARY OF EVIDENCE
State’s Witnesses
1.
Respondent's Witnesses
1. Ronald Heath
Stevens, R.Ph., Respondent
2. Teri Stevens
State's Exhibits
1. Summary Suspension Order/Notice of
Opportunity For Hearing letter
[10-06-04]
1A-1F. Procedurals
2. Notarized Statement of David Woychik [02-17-04]
3. Notarized Statement of Ronald H.
Stevens [09-21-04]
4. Record of Illegal Prescriptions [11-22-02 to 01-29-04]
5. Rx
#151178 [11-22-02]; Rx #152440
[01-13-03]; Rx #155421 [05-03-03]; Rx #157107 [07-15-03]; Rx #157108 [07-15-03]; Rx #369535 [10-29-03]; Rx #171368 [11-03-03]; Rx #175194 [10-29-03]
6. Notarized Statement of Michael K.
Brockett [04-21-04]
6A. Notarized Statement of Michael Brockett,
M.D. [02-22-05]
6B. Notarized Statement of Kurt Miller,
L.P.N. [02-22-05]
7. Rx #C151965 [12-20-02]; Rx #C152799 [01-28-03]; Rx #C155725 [05-16-03]; Rx #C157144 [07-16-03]; Rx #157915 [08-21-03]; Rx #158695 [09-25-03]; Rx #170637 [10-01-03]; Rx #174284 [12-17-03]; Rx #700566 [01-29-04]
Respondent's Exhibits
A-D. Handwritten Contentions of Ronald Heath
Stevens [not dated]
E. Letter from Michael K. Brockett,
M.D. [10-27-04]
F. Letter from Kurt D. Miller, L.P.N. [10-27-04]
G-H. Handwritten Contentions of Ronald Heath
Stevens [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 Board of Pharmacy indicate that Ronald Heath Stevens was originally
licensed by the State of
(2) Ronald
Heath Stevens is addicted to the use of controlled substances and/or is abusing
drugs or impaired physically or mentally to such a degree as to render him
unfit to practice pharmacy, to wit: Ronald Heath Stevens has admitted to Board
agents that he is addicted to controlled substances and that he "is afraid
that if he stopped taking them [he] wouldn't be able to handle the
withdrawal." Such conduct indicates
that Ronald Heath Stevens is within the ambit of Section 3719.121 and/or
4729.16(A)(3) of the Ohio Revised Code.
(3) Ronald
Heath Stevens did, on or about the following dates, intentionally create and/or
knowingly possess false or forged prescriptions, to wit: Ronald Heath Stevens
created the following prescriptions and/or their refill information without
authorization from a prescriber, and filed them in the pharmacies in which he
was employed making them to appear legitimate.
|
Rx # |
Date |
Drug |
Qty |
|
151178 |
11/22/02 |
Soma 350 mg |
120 |
|
151178 |
11/27/02 |
Soma 350 mg |
120 |
|
151178 |
12/26/02 |
Soma 350 mg |
120 |
|
151178 |
01/07/03 |
Soma 350 mg |
120 |
|
152440 |
01/13/03 |
Soma 350 mg |
360 |
|
152440 |
01/20/03 |
Soma 350 mg |
120 |
|
152440 |
01/24/03 |
Soma 350 mg |
120 |
|
152440 |
02/14/03 |
Soma 350 mg |
120 |
|
152440 |
03/07/03 |
Soma 350 mg |
240 |
|
152440 |
03/21/03 |
Soma 350 mg |
240 |
|
152440 |
03/28/03 |
Soma 350 mg |
120 |
|
155421 |
05/02/03 |
Soma 350 mg |
300 |
|
155421 |
05/17/03 |
Soma 350 mg |
300 |
|
155421 |
06/09/03 |
Soma 350 mg |
300 |
|
155421 |
06/20/03 |
Soma 350 mg |
300 |
|
155721 |
07/10/03 |
Soma 350 mg |
300 |
|
157107 |
07/15/03 |
Soma 350 mg |
300 |
|
157108 |
07/15/03 |
Soma 350 mg |
300 |
|
157107 |
08/01/03 |
Soma 350 mg |
300 |
|
157108 |
08/14/03 |
Soma 350 mg |
300 |
|
157107 |
08/27/03 |
Soma 350 mg |
300 |
|
157108 |
09/10/03 |
Soma 350 mg |
300 |
|
157107 |
09/25/03 |
Soma 350 mg |
300 |
|
369535 |
10/29/03 |
carisoprodol 350 mg |
300 |
|
171368 |
11/03/03 |
Wellbutrin XL 300 mg |
60 |
|
175194 |
12/31/03 |
carisoprodol 350 mg |
300 |
Such conduct is
in violation of Section 2925.23(A) of the Ohio Revised Code.
(4) ) Ronald Heath Stevens did, on or about
the following dates, intentionally create and/or knowingly possess false or
forged prescriptions, to wit: Ronald Heath Stevens created the following prescriptions
and/or their refill information without authorization from a prescriber, and
filed them in the pharmacy in which he was employed making them to appear
legitimate.
|
Rx # |
Date |
Drug |
Qty |
|
151965 |
12/20/02 |
Vicoprofen
7.5 mg |
300 |
|
151965 |
01/10/03 |
Vicoprofen
7.5 mg |
300 |
|
151965 |
01/27/03 |
Vicoprofen
7.5 mg |
300 |
|
152799 |
01/28/03 |
Vicoprofen
7.5 mg |
300 |
|
151965 |
02/07/03 |
Vicoprofen
7.5 mg |
300 |
|
151965 |
02/21/03 |
Vicoprofen
7.5 mg |
300 |
|
152799 |
03/07/03 |
Vicoprofen
7.5 mg |
300 |
|
152799 |
03/21/03 |
Vicoprofen
7.5 mg |
300 |
|
152799 |
04/20/03 |
Vicoprofen
7.5 mg |
300 |
|
152799 |
05/16/03 |
Vicoprofen
7.5 mg |
300 |
|
155725 |
05/16/03 |
Vicoprofen
7.5 mg |
300 |
|
155725 |
06/04/03 |
Vicoprofen
7.5 mg |
300 |
|
155725 |
06/20/03 |
Vicoprofen
7.5 mg |
300 |
|
155725 |
07/10/03 |
Vicoprofen
7.5 mg |
300 |
|
157144 |
07/16/03 |
Vicoprofen
7.5 mg |
300 |
|
155725 |
07/29/03 |
Vicoprofen
7.5 mg |
300 |
|
157915 |
08/21/03 |
Vicoprofen
7.5 mg |
300 |
|
157144 |
08/27/03 |
Vicoprofen
7.5 mg |
300 |
|
157144 |
09/10/03 |
Vicoprofen
7.5 mg |
300 |
|
158695 |
09/25/03 |
Robitussin
AC |
8 oz |
|
170637 |
10/22/03 |
Vicoprofen
7.5 mg |
300 |
|
170637 |
11/05/03 |
Vicoprofen
7.5 mg |
300 |
|
174284 |
11/14/03 |
Vicoprofen
7.5 mg |
300 |
|
170637 |
11/19/03 |
Vicoprofen
7.5 mg |
300 |
|
170637 |
12/03/03 |
Vicoprofen
7.5 mg |
300 |
|
174284 |
12/17/03 |
Vicoprofen
7.5 mg |
300 |
|
174284 |
12/31/03 |
Vicoprofen
7.5 mg |
300 |
|
174284 |
01/14/04 |
Vicoprofen
7.5 mg |
300 |
|
700566 |
01/29/04 |
hydrocodone
BT - |
|
|
|
|
ibuprofen
(sic) |
300 |
Such conduct is in violation of Section 2925.23(B) of
the Ohio Revised Code.
CONCLUSIONS OF LAW
(1) The
State Board of Pharmacy concludes that paragraphs (3) and (4) of the Findings
of Fact constitute being guilty of gross immorality as provided in Division
(A)(1) of Section 4729.16 of the Ohio Revised Code.
(2) The
State Board of Pharmacy concludes that paragraphs (3) and (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 (2) of the Findings of Fact
constitutes being addicted to or abusing liquor or drugs or impaired physically
or mentally to such a degree as to render him unfit to practice pharmacy as
provided in Division (A)(3) of Section 4729.16 of the Ohio Revised Code.
(4) The
State Board of Pharmacy concludes that paragraphs (3) and (4) of the Findings
of Fact constitute being guilty of willfully violating, conspiring to violate,
attempting to violate, or aiding and abetting the violation of provisions of
Chapter 2925. of the Revised Code as provided in Division (A)(5) of Section
4729.16 of the
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 Ronald Heath Stevens on
October 6, 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 hereby suspends indefinitely the
pharmacist identification card, No. 03-3-21936, held by Ronald Heath Stevens
and such suspension is effective as of the date of the mailing of this Order.
(A) Ronald
Heath Stevens, 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) Ronald
Heath Stevens, pursuant to Section 4729.16(B) of the Ohio Revised Code, must
return his identification card and license (wall certificate) to the office of
the State Board of Pharmacy within ten days after receipt of this Order unless
the Board office is already in possession of both. The identification card and wall certificate
should be sent by certified mail, return receipt requested.
Further,
after one year from the effective date of this Order, the Board will consider
any petition filed by Ronald Heath Stevens 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
(A) Ronald
Heath Stevens 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) Urine
drug screens may not be conducted at Marietta Health Care Systems, Inc.
(b) 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.
(c) Carisoprodol
and hydrocodone must be included in the standard urine drug screen.
(d) Results
of all drug screens must be negative.
Refusal of a drug screen or a diluted drug screen is equivalent to a
positive result. Any positive results,
including those which may have resulted from ingestion of food, but excluding false
positives which resulted from medication legitimately prescribed, indicates a
violation of the contract.
(2) Attendance
is required a minimum of three times per week at an Alcoholics Anonymous,
Narcotics Anonymous, and/or similar support group meeting.
(3) The
program shall immediately report to the Board any violations of the contract
and/or lack of cooperation.
(B) Ronald
Heath Stevens 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) Ronald
Heath Stevens must provide, at the reinstatement petition hearing, documentation
of the following:
(1) Compliance
with the contract required above (e.g.-proof of giving the sample within twelve
hours of notification and copies of all drug screen reports, meeting attendance
records, treatment program reports, etc.);
(2) Compliance
with the continuing pharmacy education requirements set forth in Chapter 4729-7
of the Ohio Administrative Code as applicable and in effect on the date of
petitioning the Board for reinstatement;
(3) Compliance
with the terms of this Order.
(D) If
reinstatement is not accomplished within three years of the effective date of
this Order, Ronald Heath Stevens must also show successful completion of the
NAPLEX examination or an equivalent examination approved by the Board.
Upon
such time as the Board may consider reinstatement, Ronald Heath Stevens 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 (Aye-7/Nay-1).
MOTION CARRIED.
SO
ORDERED.
The motion was seconded by Mrs. Gregg and approved by the Board (Aye-7/Nay-1).
After a discussion of the draft minutes of the February 7-9, 2005, meeting, Mrs. Gregg moved that the minutes be approved as amended. The motion was seconded by Mr. Mitchell and approved by the Board (Aye-8/Nay-0).
R-2005-150 The Board next considered a request for an exemption from Rule 4729-5-10 (Pick-up station) received from the following sites:
Teregen Laboratories (02-1235150)
Various Physician Office contained in the letter of request
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 Mr. Braylock and approved by the Board (Aye-8/Nay-0).
R-2005-151 Mr. McMillen next presented a request for an exemption to Rule 4729-5-11 (Responsible person) requesting that Nick Femia, R.Ph. be permitted to be the Responsible Pharmacist for the following Terminal Distributor of Dangerous Drugs licenses:
Mahoning Valley Hospital/Youngstown (02-1390500)
After discussion, Mr. Giacalone moved that the Board approve this request. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).
R-2005-152 The Board then considered a request for an exemption from Rule 4729-5-10 (Pick-up station) received from the following sites:
Planned
Parenthood of
12 Associated Planned Parenthood Medical Centers
After discussion, Mr. Giacalone moved that the Board approve the request subject to a final inspection after delivery of the Pharmacy’s license. The motion was seconded by Mrs. Teater and approved by the Board (Aye-8/Nay-0).
Mr. Keeley discussed his Legislative Report with the Board.
R-2005-153 Mr. Keeley next presented a request
for Board approval of an electronic prescribing system from NewCrop LLC. After discussion, Mr. Braylock moved that the
Board find
the NewCrop electronic prescribing 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-2005-154 Mr. Keeley then discussed the need to develop rules in response to HB 454, dealing with charitable pharmacies. The consensus of the Board was that the Ad Hoc Committee on Rule Review previously appointed could deal with these rules. Mr. Braylock then moved that the Board add Robert Valentine, R.Ph. and Liz Carter to that committee due to their expertise in this area. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).
R-2005-155 Mr. Keeley next discussed a problem with the electronic filing of Rule 4729-21-06 that had been approved by the Board at the February meeting. Due to a problem with the electronic filing system, the rule could not be filed with an effective date of March 1, 2005 as previously approved by the Board. Mr. Keeley asked for Board approval to change the effective date to March 11, 2005. After discussion, Mrs. Gregg moved that the Board approve an effective date of March 11, 2005 for Rule 4729-21-06. The motion was seconded by Mr. Mitchell and approved by the Board (Aye-8/Nay-0).
11:31 a.m.
The Board recessed for lunch.
12:42 p.m.
The Board reconvened in Room East-B, 31st Floor,
Lawrence J. Kost, R.Ph. (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.
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 Robert A. Berkowitz,
R.Ph.,
1:15 p.m.
The hearing ended and the record was closed.
1:17 p.m.
Mr. Mitchell 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, Giacalone-Yes, Gregg-Yes, Mitchell-Yes, and Teater-Yes.
1:20 p.m.
R-2005-156 The Executive Session ended and the meeting was opened to the public. Mrs. Gregg moved that the Board adopt the following Order in the matter of Robert A. Berkowitz, R.Ph.:
ORDER OF THE STATE BOARD OF PHARMACY
(Docket No. D-040713-002)
In The Matter Of:
ROBERT A. BERKOWITZ, R.Ph.
(R.Ph. No. 03-2-08019)
INTRODUCTION
THE
MATTER OF ROBERT A. BERKOWITZ CAME FOR HEARING ON MARCH 8, 2005, BEFORE THE
FOLLOWING MEMBERS OF THE BOARD: LAWRENCE J. KOST, R.Ph. (presiding); GREGORY
BRAYLOCK, R.Ph.; ROBERT P. GIACALONE, R.Ph.; ELIZABETH I. GREGG, R.Ph.; KEVIN
J. MITCHELL, R.Ph.; AND DOROTHY S. TEATER, PUBLIC MEMBER.
ROBERT
A. BERKOWITZ WAS REPRESENTED BY JOHN R. IRWIN, M.D. AND THE STATE OF
SUMMARY OF EVIDENCE
State’s Witnesses
1. None
Respondent's Witnesses
1. Robert A. Berkowitz, R.Ph., Respondent
State's Exhibits
1. Reinstatement Hearing Request letter from
John R. Irwin, M.D. [07-02-04]
1A-1D. Procedurals
2. State Board of Pharmacy Order in re
Robert A. Berkowitz, R.Ph. [03-07-02]
3. Three Statements of Robert A.
Berkowitz [04-16-01, 06-06-01 and
06-11-01]
4. Bill of Information, State of Ohio v.
Robert Berkowitz, Case No. 411642, Cuyahoga County Common Pleas Court [09-25-01]; Journal Entry [10-18-01]; Journal Entry [11-27-01]
5. Information,
Respondent's Exhibits
A1-A7. Psychological Report from Robert G.
Kaplan, Ph.D., B.C.F.E., D.A.B.P.S.
[01/25/02]
B1-B2. Progress Letter from Robert G.
Kaplan, Ph.D., B.C.F.E., D.A.B.P.S.
[03-03-05]
C1-C2. Progress Letter from Robert G.
Kaplan, Ph.D., B.C.F.E., D.A.B.P.S.
[04-02-03]
D1-D7. Curriculum Vitae of Dr. Robert G.
Kaplan [02-22-05]
E-S. Fifteen Continuing Pharmaceutical
Education Credits and Certificates
[06-23-01 to 01-15-05]
T. Jurisprudence Examination (MPJE) letter
to Robert A. Berkowitz [11-17-04]
U1-U6. Resume of Robert A. Berkowitz [02-01-05]
V1-V11. Eleven Letters of Support [01-2-02 to 02-13-05]
V12-V14. Three Thank You Letters [10-16-03 to 12-12-03]
W-W11d. Twenty-eight pages of Miscellaneous
Course Articles
W12. Certificate of Completion
"Managing Agitation in Elders with Dementia" [09-30-04]
X1a- X8b. Fourteen pages of Community
Volunteer Activities [04-25-02 to
05-17-03]
FINDING OF FACT
After
having heard the testimony, observed the demeanor of the witness, considered
the evidence, and weighed the credibility of each, the State Board of Pharmacy
finds that Robert A. Berkowitz has complied with the terms set forth in the
Order of the State Board of Pharmacy, Docket No. D-011205-022, effective March
7, 2002.
DECISION OF THE BOARD
On the
basis of the Finding of Fact set forth above, and after consideration of the
record as a whole, the State Board of Pharmacy hereby approves the
reinstatement of the pharmacist identification card, No. 03-2-08019, held by
Robert A. Berkowitz to practice pharmacy in
THIS ORDER WAS APPROVED BY A VOTE OF THE STATE BOARD OF
PHARMACY (Aye-5/Nay-0).
MOTION CARRIED.
SO
ORDERED.
The motion was seconded by Mr. Giacalone and approved by the Board (Aye-5/Nay-0).
There was no report for the Nursing Board’s Committee on Prescriptive Governance.
There was no report for the Medical Board’s Prescribing Committee.
1:30 p.m.
The Board reconvened in Room South-A, 31st Floor,,
R-2005-157 Following presentations by Board members and self-introductions by the candidates for licensure by reciprocity, the following candidates participated in a discussion of pharmacy laws and rules with Mr. McMillen and were then presented with their pharmacist identification cards.
CHRISTOPHER SCOTT ASHER 03-2-26617
MARK STEVEN CHAFFEE 03-2-26604
AIMEE JACINDA COLLINS 03-2-26615
YOGESH P. PATEL 03-2-26614
DORA PSIAKIS 03-2-26618
2:06 p.m.
The Board reconvened in Room East-B. 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 Bradley Allen Schwartz, R.Ph., Mansfield.
3:15 p.m.
The hearing ended and the record was closed.
3:20 p.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 Mrs. Gregg and a roll call vote was conducted by President Kost as follows: Braylock-Yes, Giacalone-Yes, Gregg-Yes, Lipsyc-Yes, Mitchell-Yes, Teater-Yes, and Turner-Yes.
3:35 p.m.
R-2005-158 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 Bradley Allen Schwartz, R.Ph.:
ORDER OF THE STATE BOARD OF PHARMACY
(Docket No. D-041006-025)
In The Matter Of:
BRADLEY ALLEN SCHWARTZ, R.Ph.
(R.Ph. No. 03-2-26247)
INTRODUCTION
THE
MATTER OF BRADLEY ALLEN SCHWARTZ CAME FOR HEARING ON MARCH 8, 2005, BEFORE THE
FOLLOWING MEMBERS OF THE BOARD: LAWRENCE J. KOST, 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.
BRADLEY
ALLEN SCHWARTZ WAS REPRESENTED BY DAVID W. GRAUER AND THE STATE OF
SUMMARY OF EVIDENCE
State’s Witnesses
1.
Respondent's Witnesses
1. Bradley Allen Schwartz, R.Ph., Respondent
2. Debra Basinger, R.Ph.
State's Exhibits
1. Summary Suspension Order/Notice of
1A-1E. Procedurals
2. Notarized
Statement of Brad Schwartz [10-12-04]
3. Notarized
Statement of Detective Dawn Brown
[09-27-04]
4. Notarized
Statement of Brian Frank George
[09-27-04]
5. Notarized
Statement of Thomas W. Arkwright
[10-12-04]
6. Medtox
Laboratories, Inc. Drug Screen Report
[09-24-04]
7. Judgment
Entry, State of Ohio v. Bradley Allen Schwartz, Case No. 04CR1009D,
Richland County Common Pleas Court
[01-04-05]; Waiver of One Day Service
[01-04-05[; Waiver of Indictment
[01-04-05]
Respondent's Exhibits
A. PRO
Pharmacist's Recovery Contract for Brad Schwartz [12-16-04]
B. Support
Group Attendance Records [10-10-04 to
02-28-05]; Calendar pages for October 2004 to February 2005
C. Compass
Vision, Inc. Licensee Summary Report
[01-31-05 to 02-10-05]
D. Continuing
Pharmaceutical Education Credits and Certificates [05-11-04 to 02-26-05]
E. Eight
Letters of Support [02-24-05 to
03-09-05]
F. Richland
County Adult Court Services Conditions of Release Supervision; Special
Conditions of Supervision; Notice to Defendants; and Financial Responsibility
Agreement [01-27-05]
G. Letter
from Brad Schwartz [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 Board of Pharmacy indicate that Bradley Allen Schwartz was originally
licensed by the State of
(2) Bradley
Allen Schwartz is addicted to the use of controlled substances and/or is
abusing drugs or impaired physically or mentally to such a degree as to render
him unfit to practice pharmacy, to wit: Bradley Allen Schwartz admitted
"having a problem" with controlled substances, that he "needed
rehab," and that he "had a problem before, stopped, and started
again." Bradley Allen Schwartz has
also admitted to stealing controlled substances from his employer, MedCentral
Health System, Mansfield. Such conduct
indicates that Bradley Allen Schwartz is within the ambit of Section 3719.121
and/or 4729.16(A)(3) of the Ohio Revised Code.
(3) Bradley
Allen Schwartz did, on or about September 24, 2004, and on dates previous, with
purpose to deprive, knowingly obtain or exert control over dangerous drugs, the
property of MedCentral Health System, Mansfield, beyond the express or implied
consent of the owner, to wit: Bradley Allen Schwartz has admitted to stealing
Darvon and Xanax, 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 paragraph (3) of the Findings of Fact
constitutes being guilty of gross immorality as provided in Division (A)(1) of
Section 4729.16 of the Ohio Revised Code.
(2) The
State Board of Pharmacy concludes that paragraph (3) of the Findings of Fact
constitutes being guilty of dishonesty and unprofessional conduct in the
practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the
Ohio Revised Code.
(3) The
State Board of Pharmacy concludes that paragraph (2) of the Findings of Fact
constitutes being addicted to or abusing liquor or drugs or impaired physically
or mentally to such a degree as to render him unfit to practice pharmacy as
provided in Division (A)(3) of Section 4729.16 of the Ohio Revised Code.
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 Bradley Allen Schwartz on
October 6, 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 hereby suspends indefinitely the
pharmacist identification card, No. 03-2-26247, held by Bradley Allen Schwartz
and such suspension is effective as of the date of the mailing of this Order.
(A) Bradley
Allen Schwartz, 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) Bradley
Allen Schwartz, pursuant to Section 4729.16(B) of the Ohio Revised Code, must
return his identification card and license (wall certificate) to the office of
the State Board of Pharmacy within ten days after receipt of this Order unless
the Board office is already in possession of both. The identification card and wall certificate
should be sent by certified mail, return receipt requested.
Further,
after one year from the effective date of this Order, the Board will consider
any petition filed by Bradley Allen Schwartz 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
(A) Bradley
Allen Schwartz 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) Propoxyphene
and alprazolam must be added to the standard urine drug screen.
(c) Results
of all drug screens must be negative.
Refusal of a drug screen or a diluted drug screen is equivalent to a
positive result. Any positive results,
including those which may have resulted from ingestion of food, but excluding
false positives which resulted from medication legitimately prescribed,
indicates a violation of the contract.
(2) Attendance
is required a minimum of three times per week at an Alcoholics Anonymous,
Narcotics Anonymous, and/or similar support group meeting.
(3) The
program shall immediately report to the Board any violations of the contract
and/or lack of cooperation.
(B) Bradley
Allen Schwartz 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) Bradley
Allen Schwartz must provide, at the reinstatement petition hearing, documentation
of the following:
(1) Compliance
with the contract required above (e.g.-proof of giving the sample within twelve
hours of notification and copies of all drug screen reports, meeting attendance
records, treatment program reports, etc.);
(2) Compliance
with the continuing pharmacy education requirements set forth in Chapter 4729-7
of the Ohio Administrative Code as applicable and in effect on the date of
petitioning the Board for reinstatement;
(3) Compliance
with the terms of this Order.
(D) If
reinstatement is not accomplished within three years of the effective date of
this Order, Bradley Allen Schwartz must also show successful completion of the
NAPLEX examination or an equivalent examination approved by the Board.
Upon
such time as the Board may consider reinstatement, Bradley Allen Schwartz 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 (Aye-7/Nay-0).
MOTION CARRIED.
SO
ORDERED.
The motion was seconded by Mr. Mitchell and approved by the Board (Aye-7/Nay-0).
3:40 p.m.
Mr. Mitchell moved that the Board receive Per Diem as follows:
|
PER DIEM |
10/26-28 |
3/7 |
3/8 |
Total |
|
Braylock |
- |
1 |
1 |
2 |
|
Eastman |
- |
1 |
1 |
2 |
|
Giacalone |
- |
1 |
1 |
2 |
|
Gregg |
- |
1 |
1 |
2 |
|
Kost |
- |
1 |
1 |
2 |
|
Lipsyc |
- |
1 |
1 |
2 |
|
Mitchell |
- |
1 |
1 |
2 |
|
Teater |
- |
1 |
1 |
2 |
|
Turner |
3 |
1 |
1 |
5 |
The motion was seconded by Mr. Braylock and approved by the Board (Aye-7/Nay-0).
3:41 p.m.
Mr. Lipsyc moved that the meeting be adjourned. The motion was seconded by Mr. Turner and approved by the Board (Aye-7/Nay-0).
|
THE BOARD APPROVED THESE MINUTES APRIL 13, 2005 |