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

June 21, 22, 23, 2004

 

MONDAY, JUNE 21, 2004

 

10:12 a.m.     ROLL CALL

 

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

 

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

 

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

 

Mr. Rowland announced that the following Settlement Agreement in the matter of Paul Raptou, R.Ph. had been signed and was effective as of the date of the Board President’s signature:

 

R-2004-202

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

VOLUNTARY SURRENDER WITH DISCIPLINARY ACTION PENDING

 

In The Matter Of:

 

PAUL RAPTOU, R.Ph.

5380 Old Oxford Lane

Youngstown, Ohio 44512

(R.Ph. No. 03-2-07645)

 

This Settlement Agreement is entered into by and between Paul Raptou 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.

 

Paul Raptou 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.

 

Paul Raptou is knowingly and voluntarily acknowledging that, in order to settle the disciplinary charges that would be filed by the Board against him and in order to obviate the need to conduct an administrative hearing to consider possible disciplinary sanctions against Paul Raptou’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:

 

(A)     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.

 

(B)     Paul Raptou neither admits nor denies the allegations pending in the Board's inves­ti­ga­tion; however, the Board has initiated and conducted an investigation pursuant to the man­date of Sec­tions 3719.18 and 4729.25 of the Ohio Revised Code.

 

(C)     Paul Raptou acknowledges that he has been made aware of the investigation and has cooperated in said investigation.  Paul Raptou further acknowledges that he has not been promised or given anything to indicate that the State of Ohio will not proceed with criminal charges; that criminal charges may be filed in the discretion of the appropriate prosecuting attorney(s) and/or grand jury(ies).

 

Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of the filing of formal ADMINISTRATIVE charges and 119. hearing at this time, Paul Raptou knowingly and voluntarily surrenders PERMANENTLY to the State Board of Pharmacy his license and registration to practice pharmacy, with discipli­nary action pending.

 

Paul Raptou 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.

 

Paul Raptou 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.  Paul Raptou 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/         Paul Raptou

 

/d/    6 - 5 - 04

 

Paul Raptou, R.Ph.

 

Date of Signature

 

/s/         Peter Zafirides

 

/d/    6/5/04

 

Witness

 

Date of Signature

 

/s/         J. Gerald Ingram

 

/d/    6–5–04

 

Witness

 

Date of Signature

 

/s/         Robert P. Giacalone

 

/d/    6/21/04

 

Robert P. Giacalone, President, Ohio State Board of Pharmacy

 

Date of Signature

 

/s/         Sally Ann Steuk

 

/d/    6–21–04

 

Sally Ann Steuk, Ohio Assistant Attorney General

 

Date of Signature

 

10:16 a.m.

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

10:22 a.m.

Mr. Lipsyc left the Executive Session so the Board could consider settlement offers involv­ing a Medic Drug pharmacy and pharmacist.

11:00 a.m.

Mr. Lipsyc returned to the Executive Session.

11:20 a.m.

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

11:40 a.m.

R-2004-203    The Executive Session ended and the meeting was opened to the public.  Ms. Eastman moved that the Board permit Advance Novelty, Inc. to withdraw their application for a drug distributor license and that, as a result, the Board withdraw their Notice of Oppor­tunity for a Hearing in the matter.  The motion was seconded by Mrs. Gregg and approved by the Board (Aye-7/Nay-0/Abstain-1[Braylock]).

 

R-2004-204    Mrs. Gregg moved that the Board accept the settlement offers in the matters of Medic Drug and Alan Weaver, R.Ph. as amended by the Board.  The motion was seconded by Mr. Kost and approved by the Board (Aye-6/Nay-0/Abstain-2[Braylock,Lipsyc]).  The settlement agreements, if accepted by the respondents, will become effective upon the signature of the Board President.

11:45 a.m.

The Board recessed for lunch.

  1:45 p.m.

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

 

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

  1:47 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 CVS/pharmacy #6194, Hilliard.

  5:08 p.m.

The hearing ended and the record was closed.  The Board meeting recessed until Tues­day, June 22, 2004.

 

 

tuesday, June 22, 2004

 

  9:10 a.m.     ROLL CALL

 

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

 

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

 

R-2004-205    Mr. Benedict presented a series of questions from the National Association of Boards of Pharmacy (NABP) regarding score transfer and reciprocity issues with California.  After discussion, Mrs. Gregg moved that the Board indicate on the questionnaire that they agree to participate in score transfer of the NAPLEX grades with California and that reciprocity candidates from California who have taken the NAPLEX exam after January 1, 2004 would be eligible for Ohio licensure by reciprocity if all other licensure requirements were met.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/­Nay-0).

 

After discussion of the draft minutes from the May 2-4, 2004 Board meeting, Mrs. Adelman moved that they be approved as amended.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

 

Mr. Braylock presented a report on the activities of the Nursing Board’s Committee on Prescriptive Governance (CPG).

 

R-2004-206    Mr. Benedict presented a request from Hospice of Northwest Ohio for Board approval of their method of positive identification for their Medication Administration Records (MAR).  The system involves the use of a product called iKey, which is a USB version of a smart card.  After discussion of the product and the procedures for using it that have been developed by Hospice of Northwest Ohio, Mrs. Gregg moved that the Board find this to be an approvable means of meeting the Board’s positive identification requirements.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

 

R-2004-207    The Board next discussed three electronic prescribing systems that had requested Board review for compliance with the Board’s requirements for such systems.  After discussion, Mrs. Gregg moved that the Board find the Medry/R-Referral system approvable pending final inspection of the installed product.  The motion was seconded by Mr. Lipsyc and approved by the Board (Aye-8/Nay-0).

 

R-2004-208    After discussion of the Medent electronic prescribing system, Mrs. Gregg moved that the Board find that 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).

 

R-2004-209    After discussion of the ProxyMed/Prescribe electronic prescribing system, Mrs. Adelman moved that the Board find that 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).

 

R-2004-210    Mr. Benedict then requested Board approval to continue the Board’s membership in the National Association of State Controlled Substance Authorities (NASCSA) by paying the dues of $150 for the next year.  Ms. Eastman moved that the Board approve the payment of the NASCSA dues as requested.  The motion was seconded by Mrs. Adelman and approved by the Board (Aye-8/Nay-0).

 

R-2004-211    The Board considered a request from Omnicare Pharmacy (02-0908000) for an exemption to Rule 4729-5-10 (Pick-up station) so that patient-specific prescriptions for patients at eight different group homes could be delivered to Eastwood Residential Services Nursing Office (02-1397500) for distribution to the patients by the nurse when the patients are available.  After discussion, Mrs. Gregg moved that the Board approve the request due to the need for involvement by a health care professional in the patient’s drug therapy [OAC Rule 4729-5-10(B)(5)(b)].  The motion was seconded by Mrs. Adelman and approved by the Board (Aye-8/Nay-0).

 

R-2004-212    The Board next considered a request from Kindred Hospital Pharmacy (02-1182150) for an exemption to Rule 4729-5-10 (Pick-up station) so that patient-specific intravenous prescription products prepared at Central Admixture Pharmacy Services (CAPS) (02-1312700) could be delivered to Kindred Hospital Pharmacy for distribution to the patients.  After discussion, Mrs. Gregg moved that the Board approve the request due to the need for involvement by a health care professional in the patient’s drug therapy [OAC Rule 4729-5-10(B)(5)(b)].  The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

 

R-2004-213    The Board then considered a request from Lake West Hospital Pharmacy (02-0030600) for an exemption to Rule 4729-5-10 (Pick-up station) so that patient-specific intravenous prescription products prepared at Central Admixture Pharmacy Services (CAPS) (02-1312700) could be delivered to Lake West Hospital Pharmacy for distribution to the patients.  After discussion, Mrs. Adelman moved that the Board approve the request due to the need for involvement by a health care professional in the patient’s drug therapy [OAC Rule 4729-5-10(B)(5)(b)].  The motion was seconded by Ms. Eastman and approved by the Board (Aye-8/Nay-0).

 

R-2004-214    Mr. McMillen presented a request from James Lindon, Pharm.D., Ph.D. that the Board grant his firm, Lindon & Lindon, approval as a provider of continuing pharmacy educa­tion.  After discussion, Ms. Eastman moved that the Board approve Lindon & Lindon as an in-state provider of continuing pharmacy education.  The motion was seconded by Mrs. Adelman and approved by the Board (Aye-8/Nay-0).

10:45 a.m.

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 Better Dayz Health Care, Cleveland.

11:05 a.m.

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

12:30 p.m.

R-2004-215    The Executive Session ended.  Mrs. Teater moved that the Board adopt the following Order in the matter of Better Dayz Health Care:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-040407-064)

 

In The Matter Of:

 

BETTER DAYZ HEALTH CARE

c/o Fred Roberts III

10209 Lamontier Avenue

Cleveland, Ohio 44104-4839

 

INTRODUCTION

 

THE MATTER OF BETTER DAYZ HEALTH CARE CAME FOR CONSIDERATION ON JUNE 22, 2004, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ROBERT P. GIACALONE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; 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.

 

BETTER DAYZ HEALTH CARE WAS NOT REPRESENTED NOR WAS IT REPRESENTED BY COUN­SEL AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

SUMMARY OF EVIDENCE

State’s Witnesses

 

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

 

Respondent's Witnesses

 

None

 

State's Exhibits

 

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

2.  Application for Registration As A Wholesale Distributor of Dangerous Drugs and Application for a Wholesaler of Controlled Substances License  [09-22-03]

 

Respondent's Exhibits

 

None

 

FINDINGS OF FACT

 

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

 

(1)  On April 7, 2004, Better Dayz Health Care was notified by letter of its right to a hear­ing, its rights in such hearing, and its right to submit any contentions in writing.

 

(2)  As demonstrated by return receipt dated April 20, 2004, Fred Roberts III received the letter of April 7, 2004, informing him of the evidence to propose to deny his applications for registration as a Wholesale Distributor of Dan­gerous Drugs and for a Wholesaler of Con­trolled Substances license, and his rights.

 

(3)  Better Dayz Health Care has not responded in any manner to the letter of April 7, 2004 and has not requested a hearing in this matter, therefore the matter was re­ferred to the Board for consideration.

 

(4)  Records of the State Board of Pharmacy indicate that on or about September 22, 2003, Fred Roberts III was the owner of Better Dayz Health Care, and that on Sep­tember 22, 2003, Better Dayz Health Care applied for registration as a Wholesale Dis­tributor of Dangerous Drugs and for a Wholesaler of Controlled Substances license.

 

(5)  Better Dayz Health Care has not provided satisfactory proof to the Board that its past experience in the manufacture or distribution of dangerous drugs, including con­trolled substances, is acceptable to the Board.  The facility's owner has indicated to Board agents that he is the only employee and he has no experience in the wholesale drug field.  Proof of acceptable experience is required by Section 4729.53(A)(2) of the Ohio Revised Code.

 

(6)  Better Dayz Health Care has not provided satisfactory proof to the Board that it is equipped as to land, buildings, equipment, and personnel to properly carry on the business of a wholesale distributor or dangerous drugs, including providing adequate security for and proper storage conditions and handling for dangerous drugs.  The facility submitted its application using an address of a carwash; subse­quently changed its address to another building for which Better Dayz Health Care has no ownership or lease rights of possession.  Neither facility has acceptable security or storage condi­tions for dangerous drugs.  Proof of acceptable physical facilities is required by Sec­tions 4729.53(A)(3) and 3719.03(B) of the Ohio Revised Code.

 

(7)  Better Dayz Health Care has not provided satisfactory proof to the Board that adequate safeguards are assured to prevent the sale of dangerous drugs to any person other than those named in Division (B) of Section 4729.51 of the Revised Code.  Such is required by Section 4729.53(A)(6) of the Ohio Revised Code.

 

(8)  Granting of the registration certificate currently being requested by Better Dayz Health Care is not in the public interest as set forth in Sections 4729.53(B) and 3719.03(E) of the Ohio Revised Code.

 

CONCLUSIONS OF LAW

 

(1)  The State Board of Pharmacy con­cludes that paragraphs (5) through (8) of the Findings of Fact constitute failure to meet the qualifications set forth in Sections 3719.03 and 4729.53(A) of the Ohio Revised Code.

 

(2)  The State Board of Pharmacy con­cludes that paragraph (8) of the Findings of Fact constitutes failure to furnish satisfactory proof to the Board that granting a license or registration certificate to Better Dayz Health Care is in the public interest as provided in Sections 3719.03(E) and 4729.53(B) of the Ohio Revised Code.

 

DECISION OF THE BOARD

 

Pursuant to Sections 3719.03 and 4729.53 of the Ohio Revised Code, and after considera­tion of the record as a whole, the State Board of Pharmacy hereby refuses to license or register Better Dayz Health Care and, therefore, denies the Application for a Wholesaler of Controlled Substances License and the Application for Registration as a Wholesale Distri­butor of Dangerous Drugs submitted by Fred Roberts III on April 7, 2004.

 

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-8/Nay-0).

12:32 p.m.

The Board recessed for lunch.

  1:30 p.m.

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

 

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

 

R-2004-216    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.

 

JOHN AUDIS BETHEA, JR.

GINA MARIE DIBONA

RONALD L. FINE

AMY MARIE GARDNER

MAHDI AL HALLAQ

DAWN CLARA HORNBACH

JOAN NOEL HUTCHINGS

JOSEPH WILLIAM KARASEK

KATARZYNA KIMBOROWICZ

DAWNE MICHELLE KOCH

THOMAS HARRY KOONTZ

ADELE HELEN RIKE

NORRIS ARVIN SIMMONS

03-2-26343

03-2-26345

03-2-26339

03-2-26382

03-2-26385

03-2-26291

03-2-26233

03-2-26261

03-2-26357

03-2-26224

03-2-26166

03-2-26206

03-2-26265

SOUTH CAROLINA

ILLINOIS

ALABAMA

PENNSYLVANIA

KENTUCKY

INDIANA

NEVADA

MICHIGAN

ILLINOIS

KANSAS

TEXAS

PENNSYLVANIA

KENTUCKY

  1:53 p.m.

The Board reconvened in Room West-B&C where they were 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 Venubabu Talasila, R.Ph., Dublin.

  4:05 a.m.

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

  4:15 p.m.

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

  4:25 p.m.

R-2004-217    The Executive Session ended.  Mrs. Adelman moved that the Board adopt the following Order in the matter of Venubabu Talasila, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-031209-043)

 

In The Matter Of:

 

VENUBABU TALASILA, R.Ph.

5822 Gaelic Court

Dublin, Ohio 43016

(R.Ph. No. 03-1-24354)

 

INTRODUCTION

 

THE MATTER OF VENUBABU TALASILA CAME FOR HEARING ON JUNE 22, 2004, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ROBERT P. GIACALONE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; 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.

 

VENUBABU TALASILA 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.  Christopher Reed, Ohio State Board of Pharmacy

 

Respondent's Witnesses

 

1.  Venubabu Talasila, R.Ph., Respondent

2.  Jhansi Talasila

3.  LaNikki Thomas

4.  Nathan Menaged

 

State's Exhibits

 

1.  Copy of Summary Suspension Order/Notice of Opportunity For Hearing letter  [12-09-03]

1A-1D.  Procedurals

2.  Notarized Statement of Venubabu Talasila  [11-14-03]

3.  Clear plastic bag containing marijuana

 

Respondent's Exhibits

 

A1.  PRO Pharmacist’s Recovery Contract for Venubabu Talasila  [11-18-03]

A2.  Letter from Edna Jones, M.D.  [06-01-04]

A3.  Three letters from The Woods At Parkside treatment counselors  [04-19-04 to 06-08-04]

A4.  Parkside Medical Records for Venubabu Talasila  [11-24-03 to 05-21-04]

A5.  Compass Vision Drug Screen Reports  [01-13-04 to 05-12-04]

A6.  Support Group Attendance Records  [11-18-03 to 06-14-04]

A7A-A7D.  Letters of Support  [05-05-04 to 06-15-04]

B.  Compass Vision Drug Screen Report  [06-10-04]

C.  Support Group Attendance Records  [03-01-04 to 03-31-04]

 

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 Venubabu Talasila was ori­gi­nally licensed by the State of Ohio as a pharmacist on October 10, 2000, pursuant to examination, and that his license to practice pharmacy in Ohio was summarily sus­pended effective December 9, 2003

 

(2)  Venubabu Talasila is abusing drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy, to wit: while practicing phar­macy, Venubabu Talasila was observed leaving the building and smoking marijuana; Venubabu Talasila has admitted to doing this routinely; and, Venubabu Talasila has admitted to beginning to engage in this activity because of job stress.  Such con­duct indicates that Venubabu Talasila falls within the ambit of Sections 3719.121(A) and 4729.16(A)(3) of the Ohio Re­vised Code.

 

(3)  Venubabu Talasila did, on or about November 14, 2003, knowingly possess a con­trolled substance when the conduct was not in accordance with Chapters 3719. and 4729. of the Ohio Revised Code, to wit: Venubabu Talasila possessed a plastic bag in his auto­mobile which con­tained marijuana, a Schedule I controlled sub­stance.  Such con­duct is in violation of Sec­tion 2925.11 of the Ohio Revised Code.

 

(4)  Venubabu Talasila did, on or about November 14, 2003, knowingly make a false state­ment when made with purpose to mislead a public official in performing his official func­tion, to wit: Venubabu Talasila lied to Board agents who were investigat­ing his marijuana-smoking activities.  Venubabu Talasila maintained that he was smoking cigarettes rather than marijuana both verbally and by showing the agents a cigarette package.  When the agents searched his automobile and found mari­juana, Venubabu Talasila yelled that it had been "planted."  Such conduct is in viola­tion of Section 2921.13 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 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 (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 abusing liquor or drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy as pro­vided in Division (A)(3) of Section 4729.16 of the Ohio Revised Code.

 

(4)  The State Board of Pharmacy concludes that paragraph (3) of the Findings of Fact con­stitutes being guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapter 2925. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

 

DECISION OF THE BOARD

 

Pursuant to Section 3719.121 of the Ohio Revised Code, the State Board of Pharmacy hereby removes the Summary Suspension Order issued to Venubabu Talasila on December 9, 2003.

 

Pursuant to Section 4729.16 of the Ohio Revised Code, and after consideration of the record as a whole, the State Board of Pharmacy hereby adjudicates the matter of Venubabu Talasila as follows: