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                        Eml:  exec@bop.state.oh.us

 

 

 

Minutes Of The Meeting

Ohio State Board of Pharmacy

November 4, 5, 6, 2002

 

MONDAY, NOVEMBER 4, 2002

 

10:00 a.m.

ROLL CALL

 

 

The State Board of Pharmacy convened in Room East-B, 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); Robert P. Giacalone, R.Ph. (Vice-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; David Rowland, Legal Affairs Administrator; Robert Cole, Compli­ance Supervisor; and Sally Ann Steuk, Assistant Attorney General.

 

10:04 a.m.

Mrs. Gregg moved that the Board go into Executive Session for the purpose of the investi­gation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code and for the purpose of conferring with an attorney for the Board re­garding pending or imminent court action pursuant to Section 121.22(G)(3) of the Revised Code.  The motion was seconded by Mr. Braylock and a roll call vote was conducted by President Adelman as follows: Braylock-Yes; Giacalone-Yes, Gregg-Yes, Eastman-Yes, Lipsyc-Yes, Kost-Yes, Teater-Yes, and Turner-Yes.

 

11:20 a.m.

The Executive Session was concluded and the meeting was opened to the public.

 

R-2003-059

Mr. Turner moved that the Board accept the following settlement offer in the matter of Arch Joseph Weber, R.Ph.  The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).

 

 

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

VOLUNTARY SURRENDER WITH DISCIPLINARY ACTION PENDING

(Docket No. D-020920-017)

 

In The Matter Of:

 

ARCH JOSEPH WEBER, R.Ph.

8700 Ashford Lake N.W.

Pickerington, Ohio 43147

(R.Ph. No. (03-3-14610)

 

 

This Settlement Agreement is entered into by and between Arch Joseph Weber 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.

 

 

Arch Joseph Weber 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.

 

 

Arch Joseph Weber is knowingly and voluntarily acknowledging that, in order to settle the disciplinary charges that have been filed by the Board against him and in order to obviate the need to conduct an administrative hearing to consider possible disciplinary sanctions against Arch Joseph Weber’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)

Arch Joseph Weber neither admits nor denies the allegations stated in the Notice of Opportunity for Hearing letter dated September 20, 2002, Addendum Notice dated September 23, 2002 and Addendum Notice dated October 21, 2002; however, the Board has duly filed the allegations in its Notice of Opportunity as stated therein and will withhold adjudication pursuant to  the terms of this agreement.

 

 

Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of a formal hearing at this time, Arch Joseph Weber knowingly and voluntarily surrenders PERMANENTLY to the State Board of Pharmacy his license and registration to practice pharmacy, with disciplinary action pending, is PRECLUDED FROM MAKING ANY APPLICATION FOR FURTHER REGISTRATION.

 

 

Arch Joseph Weber may not be employed by or work in any facility licensed by the Board of Pharmacy to possess or distribute dangerous drugs.

 

 

Arch Joseph Weber 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.

 

 

Arch Joseph Weber 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.  Arch Joseph Weber 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/          Arch Joseph Weber

 

/d/      11 - 1 - 02

 

 

 

Arch Joseph Weber, Respondent

 

Date of Signature

 

 

 

 

 

 

 

 

 

/s/          Eric Jason Yavitch

 

/d/ November 1, 2002

 

 

 

Eric Jason Yavitch, Attorney for Respondent

 

Date of Signature

 

 

 

 

 

 

 

 

 

/s/          Diane C. Adelman

 

/d/ November 4, 2002

 

 

 

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

 

Date of Signature

 

 

 

 

 

 

 

 

 

/s/          Sally Ann Steuk

 

/d/      11 - 4 - 02

 

 

 

Sally Ann Steuk, Ohio Assistant Attorney General

 

Date of Signature

 

 

11:25 a.m.

The Board recessed for lunch.

 

  1:00 p.m.

The Board reconvened in Room 1960, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with all members present for the purpose of holding a Public Hearing pursuant to Chapter 119. of the Revised Code to receive testimony regarding the following amended rules the Board has proposed to adopt:

 

 

4729-3-01 (Definitions.), 4729-3-02 (Registration as a pharmacy intern.),  4729-3-03 (Application for registration as a pharmacy intern.),  4729-3-04 (Pharmacy intern identification card renewal.), and 4729-3-05 (Internship credit.) to update language and clarify requirements;

 

4729-5-01 (Definitions.) to update "original prescription" definition for new technology;

 

4729-5-15 (Prescriber.) to remove redundant language and to update requirements for advanced practice nurses;

 

4729-5-24 (Prescription copy.) to permit transfer of prescription copies by pharmacy interns;

 

4729-5-30 (Manner of issuance of a prescription.) to clarify requirements for putting on the prescription the full name and address of the prescriber and the telephone number where the prescriber can be personally reached;

 

4729-5-31 (Criteria for licensure by examination.) to specify an expiration time for exami­nation applications;

 

4729-9-08 (Change in description of terminal or wholesale dangerous drug facility.) to clarify that the required fee must be submitted with a new application.

 

  1:15 p.m.

The Public Hearing closed and the Board took a brief recess prior to continuing the Board meeting.

 

  1:25 p.m.

The Board reconvened in Room East-B, 31st Floor, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio, to continue with the regular business of the Board.

 

 

Mr. Rowland announced that the following settlement agreement in the matter of Sunil Bagai had been signed by all parties and was now in effect:

 

R-2003-060

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-020716-002)

 

In The Matter Of:

 

SUNIL BAGAI

8920 Knox Avenue

Skokie, Illinois  60076

(Intern No. 06-0-01210)

 

 

This Settlement Agreement is entered into by and between Sunil Bagai 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.

 

 

Sunil Bagai 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.

 

 

Sunil Bagai is knowingly and voluntarily acknowledging that, in order to settle the disciplinary charges that have been filed by the Board against his and in order to obviate the need to conduct an administrative hearing to consider possible disciplinary sanctions against Sunil Bagai’s pharmacy intern license 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)

Sunil Bagai neither admits nor denies the allegations stated in the Notice of Opportunity for Hearing letter dated July 16, 2002; however, the Board has evidence sufficient to sustain the allegations and hereby adjudicates the same.

 

 

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

 

 

(A)

Sunil Bagai agrees to the imposition of a monetary penalty of five hundred dollars ($500.00) 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.

 

 

Sunil Bagai 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.

 

 

Sunil Bagai 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. Sunil Bagai 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/          Sunil Bagai

 

/d/      11 - 1 - 02

 

 

 

Sunil Bagai, Respondent

 

Date of Signature

 

 

 

/s/          Daniel D. Connor

 

/d/      11 - 4 - 02

 

 

 

Daniel D. Connor, Attorney for Respondent

 

Date of Signature

 

 

 

/s/          Diane C. Adelman

 

/d/ November 4, 2002

 

 

 

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

 

Date of Signature

 

 

 

/s/          Sally Ann Steuk

 

/d/      11 - 4 - 02

 

 

 

Sally Ann Steuk, Ohio Assistant Attorney General

 

Date of Signature

 

 

 

Mr. Keeley discussed the State’s requirements for Expense Reports with the Board members.

 

 

Mr. Benedict and Mr. Keeley reported on their attendance at the meeting of the National Association of State Controlled Substance Authorities (NASCSA) held October 22-26, 2002.

 

 

The Board members then discussed two possible meeting date conflicts.  After discussion, the members decided to leave the November, 2003 meeting as it was originally scheduled.  The May, 2003, meeting time was changed due to a direct conflict with the NABP Annual Meeting.  The May, 2003, meeting will now be scheduled for May 12 and 13, 2003.

 

 

Board members and staff then discussed the recent announcement by ACPE that Canadian pharmacy school graduates between 1993 and June, 2004 have an equivalent degree to U.S. pharmacy school graduates.  The issue needing resolution was the intern­ship requirement.  After discussion, the issue was tabled until staff could obtain further information.

 

R-2003-061

Mr. Winsley then presented a request from Kaup Pharmacy (02-1283050) for an exemption to Administrative Code Rule 4729-5-10 (Pick-up station) so that prescription requests, both new and refill, could be left in locked drop boxes at a local industry for collection by a pharmacy employee on a daily basis.  After discussion, Mrs. Teater moved that the Board deny the request as it did not qualify for an exemption under the terms of the rule.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-6/­Nay-2).

 

 

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

 

 

There was no report on the Medical Board’s Prescribing Committee.

 

 

Mr. Keeley discussed his Legislative Report with the Board.

 

 

Mr. Keeley then discussed his Budget Report with the Board.

 

 

Mr. McMillen discussed his Licensing Report with the Board.

 

  3:15 p.m.

The Board took a brief recess.

 

  3:33 p.m.

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

 

  3:45 p.m.

The Executive Session ended and the meeting was opened to the public.

 

R-2003-062

Mr. Braylock moved that, pursuant to Section 3719.121 of the Revised Code, the Board summarily suspend the license to practice pharmacy belonging to Leslie Zimmerman Kennedy, R.Ph. (03-1-17455) due to the fact that a continuation of her professional practice presents a danger of immediate and serious harm to others.  The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

 

  3:48 p.m.

The meeting was recessed until Tuesday, November 5, 2002.

 

 

tuesday, November 5, 2002

 

  9:30 a.m.

ROLL CALL

 

 

The State Board of Pharmacy reconvened in Room East-B, 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); Robert P. Giacalone, R.Ph. (Vice-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.

 

R-2003-063

The Board members continued the discussion about the internship requirement for Canadian pharmacy school graduates that had been tabled on Monday.  After the mem­bers were provided with further information by Mr. McMillen, Mr. Turner moved that candidates for licensure as a pharmacist who have graduated from an accredited Canadian pharmacy school between 1993 and June, 2004, be required to serve at least 1,000 hours of the 1,500-hour internship requirement in the United States.  They may request up to 500 hours credit for their Canadian experiences pursuant to paragraph (D) of Rule 4729-3-05 of the Ohio Administrative Code  The motion was seconded by Mr. Lipsyc and approved by the Board (Aye-8/Nay-0).

 

R-2003-064

Mr. Winsley then presented a request from Fresenius Medical Care (FMC) Pharmacy Services (02-1204900) for an exemption to Ohio Administrative Code (OAC) Rule 4729-5-10 (Pick-up station) so that certain prescription drugs used in dialysis could be shipped to one of 38 dialysis centers served by FMC in Ohio and listed in their letter of request.  After discussion, Mrs. Gregg moved that the Board approve the request only for epoetin alfa (Epogen) prescriptions and for the first doses of antibiotics contained in prophylaxis kits 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. Kost and approved by the Board (Aye-8/Nay-0).

 

10:12 a.m.

The Board took a brief recess.

 

10:39 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 Bonnie Jean Dolman, R.Ph., Columbus.

 

11:52 a.m.

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

 

  1:30 p.m.

The Board reconvened 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:

 

 

Diane C. Adelman, R.Ph. (President); Robert P. Giacalone, R.Ph. (Vice-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.

 

R-2003-065

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

 

ROBIN BARBOUR

03-3-25541

WEST VIRGINIA

DANA FRANCES CASPER

03-3-24594

MISSOURI

DOUGLAS TREY CRAWFORD

03-3-25538

WEST VIRGINIA

KELLEY A. CURTIS

03-3-25532

MASSACHUSETTS

TERESA LOUISE CUTHSALL

03-3-25474

PENNSYLVANIA

LAURA M. EHRENBERG

03-3-25529

PENNSYLVANIA

THUY NHU PHAN

03-3-25530

TEXAS

SHANNON LEE PRATSCHLER

03-3-25536

PENNSYLVANIA

RAJESH SINGH RAJPUT

03-3-25534

MARYLAND

LINDA MARIE RUWOLDT

03-3-25533

MICHIGAN

ROMEO