Minutes Of The Meeting

Ohio State Board of Pharmacy

February 4 & 5, 2003

 

TUESDAY, FEBRUARY 4, 2003

 

  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:

 

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

 

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.

 

A brief discussion was held regarding the packaging instructions to pharmacists con­tained in the Temodar package insert.  No official action by the Board was needed on this subject at this time.

  8:10 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 Ms. Eastman and a roll call vote was conducted by President Adelman as follows: Braylock-Yes, Eastman-Yes, Gregg-Yes, Kost-Yes, Lipsyc-Yes, Teater-Yes, and Turner-Yes.

  8:15 a.m.

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

  8:43 a.m.

The Executive Session ended and the meeting was opened to the public.  The Board took a brief recess.

  9:09 a.m.

The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of conducting an adjudication hearing in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of Heather Marie Heidorn, Toledo.

10:45 a.m.

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

10:59 a.m.

The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of creating a record in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of Daniel Paul Ruth, R.Ph., Mountain View, Hawaii.

11:12 a.m.

The record in the matter of Daniel Paul Ruth, R.Ph. was closed.

11:15 a.m.

The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of creating a record in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of Fadi Ahmad Sobh, Dearborn, Michigan.

11:43 a.m.

The record in the matter of Fadi Ahmad Sobh was closed.

11:44 a.m.

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

12:02 p.m.

R-2003-099     The Executive Session ended and the meeting was opened to the public.  Mr. Giacalone moved that the Board adopt the following Order in the matter of Fadi Ahmad Sobh:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-021210-046)

 

In The Matter Of:

 

FADI AHMAD SOBH

5908 Williamson

Dearborn, Michigan 48126

 

INTRODUCTION

 

THE MATTER OF FADI AHMAD SOBH CAME FOR CONSIDERATION ON FEBRUARY 4, 2003, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: DIANE C. ADELMAN, R.Ph. (presiding); GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; ELIZABETH I. GREGG, R.Ph.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

 

FADI AHMAD SOBH WAS NOT PRESENT NOR WAS HE REPRESENTED BY COUNSEL AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

SUMMARY OF EVIDENCE

State’s Witnesses

1.  Robert Cole, Ohio State Board of Pharmacy

 

Respondent's Witnesses

None

 

State's Exhibits

1.  Proposal to Deny/Notice of Opportunity for Hearing  [12-10-02]

2.  Application For Examination As A Pharmacist submitted by Fadi Ahmad Sobh  [10-28-02]

3.  Amended Proposal For Decision, In the Matter of: Bureau of Health Services v. Fadi Ahmad Sobh, R.Ph., Docket No. 2000-1555, Agency No. 53-99-1998-00, Michigan Department of Consumer & Industry Services, Bureau of Hearings  [03-28-01]

4.  Disciplinary Subcommittee’s Findings of Fact and Conclusions of Law, In the Matter of: Fadi Ahmad Sobh, R.Ph., Docket No. 2000-1555, File No. 53-99-1998-00, Michigan De­partment of Consumer & Industry Services, Board of Pharmacy Disciplinary Subcommittee  [12-19-01]

5.  Final Order, In the Matter of: Fadi Ahmad Sobh, R.Ph., Docket No. 2000-1555, File No. 53-99-1998-00, Michigan Department of Consumer & Industry Services, Board of Phar­macy Disciplinary Subcommittee  [01-18-02]

6.  Motion For Stay of Order, State of Michigan Dept. of Consumer and Industry Services, Board of Pharmacy Disciplinary Subcommittee sv. Fadi Ahmad Sobh, R.Ph., Lower Court Docket No. 2000-1555, File No. 53 99 1998 00  [02-04-02]

 

Respondent's Exhibits

None

 

FINDINGS OF FACT

 

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

 

(1)  On December 10, 2002, Fadi Ahmad Sobh was notified by letter of his right to a hearing, his rights in such hearing, and his right to submit his contentions in writing.

 

(2)  As demonstrated by return receipt dated December 12, 2002, Fadi Ahmad Sobh received the letter of December 10, 2002, informing him of the evidence to propose to deny the Application For Examination As A Pharmacist, and his rights.

 

(3)  Fadi Ahmad Sobh has not responded in any manner to the letter of December 10, 2002, and has not requested a hearing in this matter.

 

(4)  Records of the Ohio Board of Pharmacy indicate that Fadi Ahmad Sobh submit­ted an Application For Examination As A Pharmacist on or about October 28, 2002.

 

(5)  Fadi Ahmad Sobh was, on or about January 18, 2002, disciplined by the Michigan Board of Pharmacy, to wit: after having failed the examination to become a pharmacist in Michigan on three occasions, the Michigan Board of Pharmacy denied Fadi Ahmad Sobh the right to become registered as a pharmacist when it found that Fadi Ahmad Sobh had an imposter take his fourth examination for him.  Such action by the Michigan Board of Pharmacy indicates that Fadi Ahmad Sobh is not of good moral character and habits within the meaning of Section 4729.08 of the Ohio Revised Code and Rule 4729-5-04 of the Ohio Administrative Code; and/or that Fadi Ahmad Sobh has been disciplined by another board of pharmacy within the meaning of Rule 4729-5-04 of the Ohio Administrative Code.

 

CONCLUSIONS OF LAW

 

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

 

(2)  The State Board of Pharmacy concludes that paragraph (5) of the Findings of Fact constitutes having been disciplined by any board of pharmacy as provided in para­graph (F) of Rule 4729-5-04 of the Ohio Administrative Code.

 

DECISION OF THE BOARD

 

Pursuant to Section 4729.08 of the Ohio Revised Code, and after consideration of the record as a whole, the Ohio Board of Pharmacy hereby refuses to grant a license and, therefore, denies the Application for Examination As A Pharmacist submitted by Fadi Ahmad Sobh on October 28, 2002.

 

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-2003-100     Mr. Turner then moved that the Board adopt the following Order in the matter of Daniel Paul Ruth, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-021205-042)

 

In The Matter Of:

 

DANIEL PAUL RUTH, R.Ph.

General Delivery

Mountain View, Hawaii 96771

(R.Ph. No. 03-3-11660)

 

INTRODUCTION

 

THE MATTER OF DANIEL PAUL RUTH CAME FOR CONSIDERATION ON FEBRUARY 4, 2003, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: DIANE C. ADELMAN, R.Ph. (presiding); GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; ELIZABETH I. GREGG, R.Ph.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

 

DANIEL PAUL RUTH WAS NOT PRESENT NOR WAS HE REPRESENTED BY COUNSEL AND THE

 

SUMMARY OF EVIDENCE

State’s Witnesses

1.  Mike Cluxton, Ohio State Board of Pharmacy

 

Respondent's Witnesses

None

 

State's Exhibits

1.  Copy of Notice of Opportunity for Hearing letter  [12-05-02]

1A.  Ohio Pharmacist Computer Record of Daniel Paul Ruth

2.  Rx #4422515 - Alprazolam 1 mg  [09-10-01]

3.  Notarized Statement of Mark Thomas, M.D.  [11-14-01]

4.  Notarized Statement of David Baker  [09-30-02]

5. 

 

Respondent's Exhibits

None

 

FINDINGS OF FACT

 

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

 

(1)  On December 5, 2002, Daniel Paul Ruth was notified by letter of his right to
a hearing, his rights in such hearing, and his right to submit any contentions in writing.

 

(2)  As demonstrated by return receipt dated December 14, 2002, Daniel Paul Ruth did receive the letter of December 5, 2002, informing him of the allegations against him, and his rights.

 

(3)  Daniel Paul Ruth has not responded in any manner to the letter of December 5, 2002, and has not requested a hearing in this matter.

 

(4)  Records of the State Board of Pharmacy indicate that Daniel Paul Ruth was origi­nally licensed by the State of Ohio as a pharmacist on August 4, 1976, pursuant to examination, and is currently licensed to practice pharmacy in Ohio.

 

(5)  Daniel Paul Ruth did, on or about September 10, 2001, intentionally make and/or knowingly possess a false or forged prescription, to wit: Daniel Paul Ruth telephoned a physician to request authorization for Rx #4422515; when the physician would only authorize a portion of what he requested, Daniel Paul Ruth falsified the prescription in both amount and number of refills.  Such conduct is in violation of Section 2925.23 of the Ohio Revised Code

 

(6)  Daniel Paul Ruth did, on or about September 10, 2001, knowingly obtain or exert control over dangerous drugs, the property of K-Mart Pharmacy, by deception, to wit: Daniel Paul Ruth forged Rx #4422515 for ninety doses of Xanax, a Schedule IV controlled substance, with a refill, when only forty-two doses had been authorized, and he only partially paid for the drugs.  Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

 

(7)  Daniel Paul Ruth did, on or about September 10, 2001, knowingly sell a controlled substance when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: without a valid prescription, Daniel Paul Ruth sold ninety doses of Xanax 1 mg, a Schedule IV controlled substance, when only forty-two doses had been authorized by the prescriber.  Such conduct is in violation of Section 2925.03 of the Ohio Revised Code.

 

CONCLUSIONS OF LAW

 

(1) The State Board of Pharmacy concludes that paragraphs (5) through (7) 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 paragraphs (5) and (7) of the Findings of Fact constitute being guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapter 2925. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

 

DECISION OF THE BOARD

 

Pursuant to Section 4729.16 of the Ohio Revised Code, and after consideration of the record as a whole, the State Board of Pharmacy takes the following actions in the matter Daniel Paul Ruth:

 

(A)  On the basis of the Findings of Fact and Conclusions of Law set forth above, the State Board of Pharmacy hereby suspends indefinitely the pharmacist identification card, No. 03-3-11660, held by Daniel Paul Ruth and such suspension is effective as of the date of the mailing of this Order.

 

(1)  Daniel Paul Ruth, 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.

 

(2)  Daniel Paul Ruth, 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.

 

(B)  Further, the Board will consider reinstatement provided that Daniel Paul Ruth appears before the State Board of Pharmacy.  If reinstatement is not accomplished within three years of the effective date of this Order, Daniel Paul Ruth must show, at the time of his appearance before the Board, successful completion of the NAPLEX examination or an equivalent examination approved by the Board.

 

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

MOTION CARRIED.

SO ORDERED.

 

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

12:05 p.m.

The Board recessed for lunch.

  1:30 p.m.

With all members present, the Board convened in Room South-A, 31st Floor, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio, for the purpose of meeting with the candidates for licensure by reciprocity.

 

R-2003-101     Following presentations by Board members and self-introductions by the candidates for licensure by reciprocity, Mr. Turner moved that the Board approve the following candi­dates for licensure.  The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

 

ARKO ANDOH

03-3-25610

VIRGINIA

GERARD JOSEPH BARNES

03-3-25603

OREGON

LISA LYNN CHESEBRO

03-3-25571

NEW YORK

BARBARA LYNNE CHEW

03-3-25602

INDIANA

SARA KNIGHT

03-3-25615

WEST VIRGINIA

CHRISTOPHER E. PITCHER

03-3-25611

ARIZONA

CHARLENE R. TESTA

03-3-25518

COLORADO

TU-ANH CHAU TRUONG

03-3-25609

WASHINGTON

  1:54 p.m.

The Board reconvened in Room West-B&C to continue the Board meeting.  Mr. Rowland announced that the following settlement agreements had been signed by all parties and were now effective:

 

R-2003-102                              SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-030108-050)

 

In The Matter Of:

 

MICHAEL DECHRISTOFARO, R.Ph.

568 Milowebb Drive

Crossville, Tennessee 38572

(R.Ph. No. 03-1-10915)

 

This Settlement Agreement is entered into by and between Michael DeChristofaro 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.

 

Michael DeChristofaro 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 and the right to a formal adjudication hearing on the issues contained herein.

 

Michael DeChristofaro is knowingly and voluntarily acknowledging that, in order to settle possible disciplinary charges and in order to obviate the need to conduct an administrative hearing to consider possible disciplinary sanctions against Michael DeChristofaro’s license to practice pharmacy in the State of Ohio, this Agreement is entered into on the basis of the following stipulations, admissions, and understandings:

 

(1)  The Ohio State Board of Pharmacy 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 impose a monetary penalty on the license holder for violation of any of the enumerated grounds.

 

(2)  Records of the Board of Pharmacy indicate that Michael DeChristofaro was originally licensed in the State of Ohio on July 30, 1974, pursuant to examination, and is currently licensed to practice pharmacy in the State of Ohio.

 

(3)  Michael DeChristofaro is addicted to liquor and drugs, to wit: Michael DeChristofaro has admitted to the Tennessee State Board of Pharmacy, and to an Agent with the Ohio State Board of Pharmacy, that he has an addiction problem with alcohol and narcotic drugs.  Michael DeChristofaro voluntarily surrendered his license to practice pharmacy in the State of Tennessee and voluntarily admitted himself into the Cornerstone of Recovery Treatment Center.  Such conduct indicates that Michael DeChristofaro falls within the ambit of Sections 3719.121 and 4729.16(A)(3) of the Ohio Revised Code.

 

(4)  On or about December 31, 2001, Michael DeChristofaro signed a Consent Order, surrendering his license, with The Tennessee State Board of Pharmacy which deemed his license revoked.

 

(5)  On or about  July 31, 2002, The Tennessee State Board of Pharmacy reinstated Michael DeChristofaro’s license to practice pharmacy, placing Michael DeChristofaro on probation for ten years.  Michael DeChristofaro must comply with all terms and conditions of the extended aftercare contract with the Tennessee Pharmacists’ Recovery Network.

 

Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of a formal hearing at this time, Michael DeChristofaro knowingly and voluntarily agrees with the State Board of Pharmacy to the following:

 

(1)      Michael DeChristofaro must maintain compliance with his Tennessee sanctioned recovery and his fitness to continue his practice of pharmacy.

 

(2)      Michael DeChristofaro must inform the Ohio State Board of Pharmacy if he plans to return to Ohio to practice pharmacy in Ohio.

 

If, in the judgment of the Board, Michael DeChristofaro 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.

 

Michael DeChristofaro 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.

 

Michael DeChristofaro 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. Michael DeChristofaro waives any rights of appeal pursuant to Chapter 119. of the Ohio Revised Code.

 

In the event the Board, in its discretion, does not adopt this Agreement as its Adjudication, this settlement offer is withdrawn and shall be of no evidentiary value and shall not be relied upon or introduced in any disciplinary action or appeal by either party.  NAME [sic Michael DeChristofaro] agrees that should the Board reject this Agreement and if this case proceeds to hearing, he will assert no claim that the Board was prejudiced by its review and discussion of this Agreement or of any information relating thereto.

 

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/          Michael DeChristofaro

 

/d/     1–29–03

Michael DeChristofaro, Respondent

 

Date of Signature

 

 

 

/s/          Diane C. Adelman

 

/d/      2/4/03

Diane C. Adelman, President, Ohio State Board of Pharmacy

 

Date of Signature

 

 

 

/s/          Sally Ann Steuk

 

/d/      2–4–03

Sally Ann Steuk, Ohio Assistant Attorney General

 

Date of Signature

 

R-2003-103                              SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-020913-016)

 

In The Matter Of:

 

WEI L. JIN, R.Ph.

5675 Moorgate Drive

Columbus, Ohio 43235

(R.Ph. No. 03-3-24018)

 

This Settlement Agreement is entered into by and between Wei L. Jin 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.

 

Wei L. Jin enters into this Agreement being fully informed of her rights afforded under Chapter 119. of the Ohio Revised Code, including the right to representation by counsel and the right to a formal adjudication hearing on the issues contained herein.

 

Wei L. Jin is knowingly and voluntarily acknowledging that, in order to settle the disciplinary charges that have been filed by the Board against her and in order to obviate the need to conduct an administrative hearing to consider possible disciplinary sanctions against Wei L. Jin’s license to practice pharmacy in the State of Ohio, this Agreement is entered into on the basis of the following stipulations, admissions, and understandings:

 

The Ohio State Board of Pharmacy 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 impose a monetary penalty on the license holder for violation of any of the enumerated grounds.

 

Whereas, on or about September 13, 2002, pursuant to Chapter 119. of the Ohio Revised Code, Wei L. Jin was notified of the allegations or charges against her, her right to a hearing, her rights in such hearing, and her right to submit contentions in writing.  Further, a hearing was scheduled by the Board. The Notice of Opportunity for Hearing contains the following allegations or charges:

 

(1)      Records of the Board of Pharmacy indicate that you were originally licensed in the State of Ohio on May 3, 2000, pursuant to examination, and are currently licensed to practice pharmacy in the State of Ohio.

 

(2)      You did, on or about November 9, 2001, misbrand a drug, to wit: when you received a prescription for Prilosec 20 mg, prescription #6982096, you dispensed Prozac 20 mg, which had not been prescribed by the physician.  The patient was subsequently harmed.  Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code, and if proven constitutes unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code.

 

(3)      You did, on or about November 9, 2001, fail to offer counseling to the patient, to wit: when dispensing medication to a patient pursuant to prescription #6982096, you failed to offer patient counseling.  Such conduct is in violation of Rule 4729-5-22 of the Ohio Administrative Code, and if proven constitutes being guilty of unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code.

 

(4)      You did, on or about November 9, 2001, fail to perform prospective drug utiliza­tion review, to wit: when dispensing prescription #6982096, you failed to review the original prescription and/or refill information for over-utilization, incorrect drug dosage and duration of drug treatment, and misuse; and you failed to offer patient counseling.  Such conduct is in violation of Rules 4729-5-20 and 4729-
5-22 of the Ohio Administrative Code, and if proven constitutes being guilty of unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code.

 

Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of a formal hearing at this time, Wei L. Jin knowingly and voluntarily agrees with the State Board of Pharmacy to the following:

 

(1)      Wei L. Jin agrees to the imposition of a monetary penalty of Two Hundred and 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 forms to the State Board of Pharmacy, 77 South High Street, 17th Floor, Columbus, Ohio 43266-0320

 

(2)      In addition to any and all other Continuing Education requirements, Wei L. Jin agrees to attend 4.0 contact hours of continuing education, completed by Sep­tember 30, 2003, from the following choices:  Preventing Medication Errors, Pharmacia Corporation; Medication Errors In the Community Pharmacy, Glaxo­SmithKline; Pharmacy Practice In A Changing Professional Environment, Drug Store News; Patient Counseling: Legal Considerations; Wyeth-Ayerst Laboratories; Counseling On New Drugs; University of Kansas School of Pharmacy; Using Com­munications Skills to Improve Healthcare, ESI Lederle-Wyeth-Ayerst Laboratories; and The Ever Expanding Responsibilities of Pharmacists: Due Care, Duty to Warn and the Duty to Refuse to Fill Prescriptions, Temple University School of Phar­macy.

Wei L. Jin acknowledges that she 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.

 

Wei L. Jin waives any and all claims or causes of action she 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.  Wei L. Jin waives any rights of appeal pursuant to Chapter 119. of the Ohio Revised Code.

 

In the event the Board, in its discretion, does not adopt this Agreement as its Adjudication, this settlement offer is withdrawn and shall be of no evidentiary value and shall not be relied upon or introduced in any disciplinary action or appeal by either party.  Wei L. Jin agrees that should the Board reject this Agreement and if this case proceeds to hearing, she will assert no claim that the Board was prejudiced by its review and discussion of this Agree­ment or of any information relating thereto.  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/          Wei L. Jin

 

/d/     1/28/03

Wei L. Jin, Respondent

 

Date of Signature

 

 

 

/s/          Eugene F. McShane

 

/d/ January 31, 2003

Eugene F. McShane, Attorney for Respondent

 

Date of Signature

 

 

 

/s/          Diane C. Adelman

 

/d/      2/4/03

Diane C. Adelman, President, Ohio State Board of Pharmacy

 

Date of Signature

 

 

 

/s/          Sally Ann Steuk

 

/d/      2–4–03

Sally Ann Steuk, Ohio Assistant Attorney General