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

April  7,  8,  9,  2003

 

MONDAY, APRIL 7, 2003

 

  1:03 p.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); 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; Robert Cole, Compliance Supervisor; David Rowland, Legal Affairs Administrator; and Sally Ann Steuk, Assistant Attorney General.

  1:10 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. Braylock 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.

  2:50 p.m.

 

The Executive Session ended and the meeting was opened to the public.  Mr. Rowland announced that the following settlement agreements previously approved by the Board had been signed by all parties and were now effective as of the date of the Board President’s signature:

 

R-2003-140

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-021120-037)

 

In The Matter Of:

 

DONALD LEROY BENNETT, R.Ph.

53 Haddam Place West

Westerville, Ohio 43081

(R.Ph. No. 03-1-09593)

 

 

This Settlement Agreement is entered into by and between Donald Leroy Bennett 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.

 

 

Donald Leroy Bennett 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. Donald Leroy Bennett 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, Donald Leroy Bennett is licensed to practice pharmacy in the State of Ohio.

 

Whereas, on or about November 20, 2002, pursuant to Chapter 119. of the Ohio Revised Code, Donald Leroy Bennett 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.  Donald Leroy Bennett requested a hearing; it was scheduled and continued.  The November 20, 2002, Notice of Opportunity for Hearing letter contains the following allegations or charges:

 

 

(1)

Records of the Board of Pharmacy indicate that Donald Leroy Bennett was originally licensed in the State of Ohio on July 27, 1970, pursuant to exami­na­tion, and is currently licensed to practice pharmacy in the State of Ohio.  Records further reflect during the relevant time periods stated herein, Donald Leroy Bennett was the Responsible Pharmacist at Mount Carmel Medical Center, TDDD #02-0975550, pursuant to Sections 4729.27 and 4729.55 of the Ohio Revised Code and Sections 4729-5-11 and 4729-17-02 of the Ohio Administrative Code.

 

 

(2)

Donald Leroy Bennett did, on or about March, 2002, through August, 2002, willfully violate, conspire to violate, and/or aid and abet the violation of a pro­vision of Chapter 4729. of the Ohio Revised Code, to wit: as the Responsible Pharmacist, Donald Leroy Bennett intentionally employed a person who, while not a pharmacist or pharmacy intern under the personal supervision of a pharmacist, compounded, dispensed, or sold dangerous drugs and/or otherwise engaged in the practice of pharmacy.  Specifically, in the following instances, Donald Leroy Bennett permitted an intern to practice pharmacy at Mt. Carmel West Hospital while not under the personal supervision of a registered pharmacist:

 

 

(a)

Donald Leroy Bennett allowed a pharmacy intern to make the final association of intravenous drugs with a patient’s drug order and phar­macy label without the personal supervision of a licensed pharmacist.  Such conduct is the practice of pharmacy within the meaning of Rule 4729-5-01(B) of the Ohio Administration Code.

 

 

(b)

Donald Leroy Bennett allowed a pharmacy intern to check the Pyxis Cubie (Computerized Unit Based Inventory Exchange) cells and perform the final check of Pyxis machine replenishment orders placed from various areas of the hospital.  Such conduct is the practice of pharmacy within the meaning of Rules 4729-5-01(B) and/or 4729-17-03 of the Ohio Administrative Code.

 

 

(c)

Donald Leroy Bennett allowed a pharmacy intern to check patient speci­fic orders for dangerous drugs that were not stocked in the Pyxis unit and to make the final association of dangerous drugs with patients’ drug orders and pharmacy label.  Such conduct is the practice of phar­macy within the meaning of Rules 4729-5-01(B) and/or 4729-5-20 of the Ohio Admini­strative Code.

 

 

(d)

Donald Leroy Bennett allowed a pharmacy intern to perform the order verification function.  Activities performed during this function include comparing original prescription orders to the corresponding data entered into the computerized prescription record keeping system, prospective drug utilization reviews, screening for therapeutic duplica­tions, and drug-drug interactions.  Such conduct is the practice of phar­macy within the meaning of Rule 4729-5-20 of the Ohio Administrative Code.

 

 

Donald Leroy Bennett neither admits nor denies the allegations stated in the Notice of Oppor­tunity for Hearing letter dated November 20, 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, Donald Leroy Bennett knowingly and volun­tarily agrees with the State Board of Pharmacy to the following:

 

 

(A)

Donald Leroy Bennett’s pharmacist identification card, No. 03-1-09593, will be placed on probation for one year from the effective date of this Agreement, with the following conditions:

 

 

(1)

The State Board of Pharmacy hereby declares that Donald Leroy Bennett’s pharmacist identification card is not in good standing.

 

 

(2)

Donald Leroy Bennett must not violate the drug laws of the State of Ohio, any other state, or the federal government.

 

 

(3)

Donald Leroy Bennett must abide by the rules of the State Board of Phar­macy.

 

 

(4)

Donald Leroy Bennett must comply with the terms of this Agreement.

 

 

(B)

Donald Leroy Bennett agrees to the imposition of a monetary penalty Three Thousand Dollars ($3,000.00) due and owing within 30 days of the effective date of this Agreement.  The monetary penalty should be made payable to the “Treasurer, State of Ohio” and mailed with the enclosed form to the State Board of Pharmacy, 77 S. High Street, 17th Floor, Columbus, Ohio 43266-0320.

 

 

(C)

Donald Leroy Bennett will refrain from scheduling interns to perform the duties that must only be performed by a pharmacist unless properly supervised by a pharmacist as permitted by law and/or regulation.

 

 

If, in the judgment of the Board, Donald Leroy Bennett 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.

 

Donald Leroy Bennett 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.

 

Donald Leroy Bennett 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. Donald Leroy Bennett 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.  Donald Leroy Bennett 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/          Donald Leroy Bennett

 

/d/      3/11/03

Donald Leroy Bennett, Respondent

 

Date of Signature

/s/          David W. Grauer

 

/d/      3–11–03

David W. Grauer, Attorney for Respondent

 

Date of Signature

/s/          Diane C. Adelman

 

/d/      4/7/03

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

 

Date of Signature

/s/          Sally Ann Steuk

 

/d/      4–7–03

Sally Ann Steuk, Ohio Assistant Attorney General

 

Date of Signature

 

R-2003-141

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-000906-007)

 

In The Matter Of:

 

BRUCE ELLIOTT FRANKEN, R.Ph.

4689 Athalia Drive

Columbus, Ohio 43228

(R.Ph. No. 03-2-15485)

 

 

This Settlement Agreement is entered into by and between Bruce Elliott Franken (hereinafter referred to as "Respondent") and the Ohio State Board of Pharmacy (hereinafter referred to as "the Board"), a state agency charged with enforcing the Pharmacy Practice Act and Dangerous Drug Distribution Act, Chapter 4729. of the Ohio Revised Code.

 

This matter commenced on September 6, 2000, when the Board issued a Summary Suspen­sion Order, suspending Respondent's license to practice pharmacy pending adjudication pursuant to Chapter 119. of the Ohio Revised Code.  The Board issued its final Order on January 11, 2002, wherein it revoked Respondent's license.  Respondent timely appealed to the Franklin County Common Pleas Court, which reversed a portion of the Board's Order, and remanded the case to the Board to fashion a new penalty consistent with the decision of the Court.  Prior to the Board's consideration of a new penalty, the parties have entered into this agreement to settle all issues.

 

Bruce Elliott Franken 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 additional formal adjudication and court appeals on the issues con­tained herein.  Bruce Elliott Franken 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, Bruce Elliott Franken was licensed to practice pharmacy in the State of Ohio prior to, and at the time of, the commencement of these proceedings.

 

 

Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of additional formal hearings, Bruce Elliott Franken knowingly and vol­un­tarily agrees with the State Board of Pharmacy to the following:

 

 

(A)

Bruce Elliott Franken's license to practice pharmacy in the State of Ohio, R.Ph. No. 03-2-15485, is hereby restored.  (A renewal application will be given to Respondent and must be properly completed and returned to the Board.)

 

 

(B)

Bruce Elliott Franken must enter into a new, five-year contract, within thirty (30) days of the effective date of this agreement, with Pharmacist's Rehabilitation Organization, P.R.O.  The contract must provide that:

 

 

(1)

Random, observed urine screens shall be conducted at least every three (3) months.

 

 

(a)

The urine sample must be given within twelve (12) hours of noti­fication.  The urine screen must include testing for creatinine or specific gravity of the sample as the dilutional standard;

 

 

(b)

Results of all urine screens must be negative.  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 and proba­tion;

 

 

(2)

The P.R.O. intervenor/sponsor shall provide copies of all urine screen re­ports to the Board in a timely fashion;

 

 

(3)

Attendance is required, a minimum of three times per week, at an Alco­holics Anonymous, Narcotics Anonymous, and/or similar support group meetings;

 

 

(4)

P.R.O. shall immediately report to the Board any violations of the con­tract and/or lack of cooperation.

 

 

(C)

Bruce Elliott Franken must submit quarterly progress reports to the Board; due Janu­ary 10, April 10, July 10, and October 10, of each year of the contract, which include:

 

 

(1)

A written report and documentation provided by P.R.O. pursuant to the con­tract;

 

 

(2)

A written description of Bruce Elliott Franken's progress toward main­taining his recovery and what he has been doing during the previous three months.

 

 

(D)

Other terms of probation are as follows:

 

 

(1)

Bruce Elliott Franken may not destroy, assist in, or witness the destruc­tion of controlled substances;

 

 

(2)

Bruce Elliott Franken must abide by his P.R.O. contract, and any viola­tion must be reported to the Board immediately;

 

 

(3)

Bruce Elliott Franken must not violate the drug laws and regulations of the State of Ohio, any other state, or the federal government.

 

 

(E)

Bruce Elliott Franken will voluntarily dismiss, with prejudice, his motion for attor­ney's fees filed with the Franklin County Common Pleas Court on February 26, 2003.

 

 

Bruce Elliott Franken 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; and, that he has been represented by counsel of his choosing and he is satisfied with the representation that he has received. 

 

Bruce Elliott Franken 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.

 

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/          Bruce Elliott Franken

 

/d/      3/19/03

Bruce Elliott Franken, Respondent

 

Date of Signature

/s/          Daniel D. Connor

 

/d/      3–19–03

Daniel D. Connor, Attorney for Respondent

 

Date of Signature

/s/          Diane C. Adelman

 

/d/      4/7/03

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

 

Date of Signature

/s/          Sally Ann Steuk

 

/d/      4–7–03

Sally Ann Steuk, Ohio Assistant Attorney General

 

Date of Signature

 

R-2003-142

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-030117-057)

 

In The Matter Of:

 

LEO N. IGWEBUIKE, R.Ph.

12007 Mallard Pond Drive, N.W.

Pickerington, Ohio 43147

(R.Ph. No. 03-3-18630)

 

 

This Settlement Agreement is entered into by and between Leo N. Igwebuike 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.

 

Leo N. Igwebuike 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. Leo N. Igwebuike 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, Leo N. Igwebuike is licensed to practice pharmacy in the State of Ohio.

 

Whereas, on or about January 17, 2003, pursuant to Chapter 119. of the Ohio Revised Code, Leo N. Igwebuike 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. Leo N. Igwebuike requested a hearing; it was scheduled and continued.  The January 17, 2003, Notice of Opportunity for Hearing contains the following allegations or charges:

 

 

(1)

Records of the Board of Pharmacy indicate that Leo N. Igwebuike was originally licensed in the State of Ohio on February 15, 1991, pursuant to examination, and is currently licensed to practice pharmacy in the State of Ohio.

 

 

(2)

Leo N. Igwebuike did, from September 16, 2002, to October 22, 2002, while not a pharmacist as defined in Rule 4729-5-01(G) of the Ohio Administrative Code, or a pharmacy intern, sell dangerous drugs or otherwise engage in the practice of pharmacy, to wit: after Leo N. Igwebuike’s license to practice pharmacy had lapsed, and prior to its renewal, Leo N. Igwebuike dispensed dangerous drugs, including the following:

 

Rx #

 

Date

 

Qty

 

Drug

1080351

1083406

1084413

1086030

1087712

1089665

1090877

 

09/17/02

09/26/02

09/30/02

10/04/02

10/10/02

10/17/02

10/22/02

 

30

30

30

1

5 ml

30

16

 

Celexa 40 mg

nifedipine ER 30 mg

atenolol 50 mg

Gynazole Cream

haloperidol 100 mg /ml inj.

clonidine 0.2 mg

Vicodin (labeled Vicogen)