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

August 4, 5, 6, 2003

 

MONDAY, AUGUST 4, 2003

 

10:06 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:

 

Robert P. Giacalone, R.Ph. (President); Lawrence J. Kost, R.Ph. (Vice-President); Diane C. Adelman, 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 discussion was held regarding the issue of Canadian drugs and the storefront opera­tions that were opening up around the country.  There were no issues requiring official action of the Board.

10:24 a.m.

 

After a review of the draft minutes from the July, 2003 meeting, Mrs. Adelman moved that the July, 2003, minutes be approved.  The motion was seconded by Mr. Lipsyc and approved by the Board (Aye-5/Nay-0).

10:25 a.m.

 

Board Member Gregory Braylock arrived and joined the meeting in progress.

 

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

10:55 a.m.

R-2004-021

The Executive Session ended and the meeting was opened to the public.  Mr. Lipsyc moved that the Board accept the settlement offer as amended by the Board in the matter of K-Mart Pharmacy.  The motion was seconded by Mr. Turner and approved by the Board (Aye-5/Nay-0/Abstain-1[Adelman]).  The agreement will become final upon the Board presi­dent's signature.

11:00 a.m.

 

The Board took a brief recess.

11:15 a.m.

 

Mr. Benedict and Mr. Cole began a discussion with the Board members about the process involved in an inspection of a pharmacy by the Board’s agents.

12:00 p.m.

 

The discussion about the inspection process was continued until later in the meeting.  The Board recessed for lunch.

  1:30 p.m.

 

All members that were present before lunch returned and the meeting resumed.

  1:37 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 John Randall Tomko, R.Ph., Hubbard.

  2:50 p.m.

 

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

  3:02 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 Robert C. Hershbine, R.Ph., North Royalton.

  4:46 p.m.

 

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

  4:55 p.m.

R-2004-022

The meeting resumed.  Mr. Winsley presented a request that the Board approve the Board of Pharmaceutical Specialties (BPS) certificate in Pharmacotherapy as an additional method of complying with Rule 4729-7-08 (Alternative methods of proving continuing competency).  After discussion of the request, Mr. Braylock moved that the BPS certificate in Pharmacotherapy be approved for use in meeting the CPE re­quirements under Rule 4729-7-08.  The motion was seconded by Mrs. Adelman and approved by the Board (Aye-6/Nay-0).

  5:04 p.m.

 

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

  5:20 p.m.

R-2004-023

The Executive Session ended and the meeting was opened to the public.  Mr. Kost moved that the Board adopt the following Order in the matter of John Randall Tomko, R.Ph.:

 

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-021119-030)

 

In The Matter Of:

 

JOHN RANDALL TOMKO, R.Ph.

5812 Watson Street S.E.

Hubbard, Ohio 44425

(R.Ph. No. 03-2-15734)

 

INTRODUCTION

 

THE MATTER OF JOHN RANDALL TOMKO CAME FOR HEARING ON AUGUST 4, 2003, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ROBERT P. GIACALONE, R.Ph (presiding); DIANE C. ADELMAN, R.Ph.; GREGORY BRAYLOCK, R.Ph.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

 

JOHN RANDALL TOMKO WAS REPRESENTED BY JOHN F. SHULTZ AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

 

SUMMARY OF EVIDENCE

State’s Witnesses

 

None

 

Respondent's Witnesses

 

1.  John Randall Tomko, R.Ph., Respondent

2.  Patricia Tomko, R.Ph.

3.  Michael Quigley, R.Ph.

 

 

State's Exhibits

 

1.  Reinstatement Hearing Request letter from John F. Shultz  [11-18-02]

1A-1B.  Procedurals

2. 

2A.  Copy of State Board of Pharmacy Order in re John R. Tomko, R.Ph.  [9-19-02]

3. 

4.

5. 

6. 

 

 

Respondent's Exhibits

 

A.  Copy of PRO Pharmacist’s Recovery Contract for John (Randy) Tomko  [10-09-02]

B.  Copy of Treatment Compliance letter from Murphy Lewis, M.Ed., CCDC-III-E  [03-31-03]; Drug Screen Reports  [08-12-02 to 03-03-03]

C.  Calendar pages for August 2002 to July 2003; Copy of Support Group Attendance Records  [08-01-02 to 08-03-03]

D.  Compass Vision Licensee Summary Report  [05-16-02 to 07-08-03]; Copy of letter from Brian Bizub, Lab Assistant  [07-18-03]; Specimen Custody and Control Forms [07-25-02 to 07-28-03]; Drug Screen Report  [07-28-03]

E.  

F.   Copy of State Board of Pharmacy Order in re John R. Tomko, R.Ph.  [09-19-02]; Copy of Hearing Schedule letter  [11-19-02]

G.  Copy of seventeen letters of support  [12-03-02 to 08-02-03]

H.  Copy of eighteen pages of Continuing Pharmacy Education attendance summary and certificates  [10-11-02 to 04-27-03]

 

 

FINDING 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 that John Randall Tomko has complied with the terms set forth in the Order of the State Board of Pharmacy, Docket No. D-020307-045, effective September 19, 2002.

 

 

DECISION OF THE BOARD

 

On the basis of the Finding of Fact set forth above, and after consideration of the record as a whole, the State Board of Pharmacy hereby approves the reinstatement of the pharmacist iden­tification card, No. 03-2-15734, held by John Randall Tomko to practice pharmacy in Ohio and places John Randall Tomko on probation for five years beginning on the effective date of this Order, with the following conditions:

 

 

(A)  John Randall Tomko must enter into a contract, signed within thirty days after the effective date of this Order, with an Ohio Department of Alcohol and Drug Addiction Services (ODADAS) treatment provider or a treatment provider accept­able to the Board for a period of not less than five years and submit a copy of the signed con­tract to the Board office before his pharmacist identification card is issued.  The con­tract must provide that:

 

 

(1)  Random, observed urine drug screens shall be conducted at least once each month for the first year and then at least once every three months for the remaining four years.

 

 

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

 

(b)  Results of all drug screens must be negative.  Any positive re­sults, including those that may have resulted from ingestion of food, but excluding false positives that resulted from medication legiti­mately prescribed, indicate a violation of probation.

 

(c)  Refusals of urine screens or diluted urine screens are equiva­lent to a positive result and indicate a violation of pro­ba­tion.

 

 

(2)  The intervener/sponsor shall provide copies of all drug 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 meeting.

 

(4)  The program shall immediately report to the Board any violations of the con­tract and/or lack of cooperation.

 

 

(B) John Randall Tomko must submit quarterly progress reports to the Board (due January 10, April 10, July 10, and October 10 of each year of probation) that in­clude:

 

 

(1)  The written report and documentation provided by the treatment pro­gram pursuant to the contract, and

 

(2)  A written description of John Randall Tomko's progress towards recovery and what John Randall Tomko has been doing during the pre­vious three months.

 

 

(C)  Other terms of probation are as follows:

 

 

(1)  The State Board of Pharmacy hereby declares that John Randall Tomko's pharmacist identi­fication card is not in good standing and thereby denies the privilege of being a preceptor and training pharmacy interns pursuant to para­graph (D)(1) of Rule 4729-3-01 of the Ohio Administrative Code.

 

(2)  John Randall Tomko may not serve as a responsible pharmacist.

 

(3)  John Randall Tomko may not destroy, assist in, or witness the destruc­tion of controlled substances.

 

(4)  John Randall Tomko must abide by the contract with his treatment pro­vider and must immediately report any violation of the contract to the Board.

 

(5)  John Randall Tomko must not violate the drug laws of Ohio, any other state, or the federal government.

 

(6)  John Randall Tomko must abide by the rules of the State Board of Phar­macy.

 

(7)  John Randall Tomko must comply with the terms of this Order.

 

 

(D)  Any violation of probation may result in a Board hearing to consider alter­na­tive or additional sanctions under Section 4729.16 of the Ohio Revised Code.

 

 

If John Randall Tomko's pharmacist identification card to practice pharmacy in Ohio is not issued within three years of the effective date of this Order, John Randall Tomko must also take and pass the North American Pharmacist Licensure Examination (NAPLEX) or an equiva­lent examination accepted by the Board.

 

 

John Randall Tomko is hereby advised that the Board may at any time revoke probation for cause, modify the conditions of probation, and reduce or extend the period of probation.  At any time during this period of probation, the Board may revoke probation for a vio­la­tion occurring during the probation period.

 

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

MOTION CARRIED.

SO ORDERED.

 

 

The motion was seconded by Mr. Braylock and approved by the Board (Aye-6/Nay-0).

 

R-2004-024

Mr. Braylock then moved that the Board adopt the following Order in the matter of Robert C. Hershbine, R.Ph.:

 

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-021016-019)

 

In The Matter Of:

 

ROBERT C. HERSHBINE, R.Ph.

1930 George Drive

Brunswick, Ohio, Ohio 44212

(R.Ph. No. 03-1-24680)

 

 

INTRODUCTION

 

THE MATTER OF ROBERT C. HERSHBINE CAME FOR HEARING ON AUGUST 4, 2003, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ROBERT P. GIACALONE., R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; GREGORY BRAYLOCK, R.Ph.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

 

ROBERT C. HERSHBINE WAS REPRESENTED BY PAUL T. KIRNER AND THE  STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

 

SUMMARY OF EVIDENCE

State’s Witnesses

 

1.  Lynn Mudra, Ohio State Board of Pharmacy

 

Respondent's Witnesses

 

1.  Robert C. Hershbine, R.Ph., Respondent

2.  Michelle Czerniak, R.Ph.

 

 

State's Exhibits

 

1.  Copy of Summary Suspension Order/Notice of Opportunity For Hearing letter  [10-16-02]

1A-1D.  Procedurals

1E.  Copy of Addendum Notice  [02-19-03]

1F.  Procedural

2.  Parma Heights Police Incident Report #02-10788  [09-10-02]

3.  Parma Heights Police Department Confession Statement  [09-10-02]; Case Update Report  [09-11-02]

4.  Photocopy of drugs #0210788  [09-10-02]

5.  Cuyahoga County Coroner Toxicology Laboratory Report  [09-11-02]

6.  Docket Record, City of Parma vs. Robert C. Hershbine, Case No. 02CRA02895-1-1, Parma Municipal Court  [09-11-02 to 02-03-03]

7.  Docket Record, City of Parma vs. Robert C. Hershbine, Case No. 02TRC06767-1-2, Parma Municipal Court  [11-26-02 to 01-13-03]

8.  Copy of letter from Richard Kolezynski, R.Ph.  [09-12-02]; DEA Report of Theft or Loss of Controlled Substances  [09-12-02]

 

 

Respondent's Exhibits

 

A.  PRO Pharmacist’s Recovery Contract for Robert Hershbine  [11-13-02]

B.  Drug Screen Reports  [11-13-02 and 12-30-02]

C.  Support Group Attendance Records  [11-4-02 to 07-18-03]

D.  Calendar Pages Showing Chronology of Treatment and Rehabilitation  [October 2002 to July 2003]

E.  Copy of Glenbeigh Discharge Plan  [10-03-02]

F.  Copy of Glenbeigh Certificate of Completion  [11-14-02]

G.  Copy of Glenbeigh Progress Reports  [11-08-02 to 07-03-03]

H.  Copy of letter from Ruthanne Anderson, MA, LPCC-CCDCIIIE  [07-14-03]

I-P. Copies of eight letters of support  [02-12-03 to 07-20-03]

Q.  Docket Record, City of Parma vs. Robert C. Hershbine, Case No. 02CRA02895-1-1, Parma Municipal Court  [09-11-02 to 02-03-03]; Docket Record, City of Parma vs. Robert C. Hershbine, Case No. 02TRC06767-1-2, Parma Municipal Court  [11-26-02 to 01-13-03]

R.  Copy of letter from R. Discenza  [07-21-03]

S.  Copy of ten pages of Continuing Pharmacy Education Attendance Certificates  [02-10-02 to 04-27-03]

T1-T2.  Copy of letter from Bradford H. Price, Ph.D., CCDCIII-E  [07-30-03]; Copy of fax cover sheet from Thom Walter, Glenbeigh Center of Rocky River  [07-31-03]

U1-U6.  Copy of Glenbeigh Hospital Biopsychosocial Assessment Report for Robert Hershbine  [10-03-02]

V1-V2.  Copy of Glenbeigh Physician Progress Note  [10-04-02]

W1-W2. Copy of Glenbeigh Hospital Discharge Summary  [11-03-02]

X.  Licensee Summary Report of Drug Screens for Robert Hershbine  [01-16-03 to 07-28-03]

 

 

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 Robert C. Hershbine was ori­ginally licensed by the State of Ohio as a pharmacist on June 21, 2001, and that his license to practice pharmacy in Ohio was summarily suspended effective Octo­ber 16, 2002.

 

(2)  Robert C. Hershbine is addicted to liquor or drugs or impaired physically or men­tally to such a degree as to render him unfit to practice pharmacy, to wit: Robert C. Hershbine admitted to a Board agent that he is addicted to drugs.  Such conduct indicates that Robert C. Hershbine falls within the ambit of Sections 3719.121 and 4729.16(A)(3) of the Ohio Revised Code.

 

(3)  On September 10, 2002, Robert C. Hershbine was involved in a motor vehicle acci­dent and was arrested for driving under the influence of alcohol and/or drugs of abuse in violation of Section 4511.19 of the Ohio Revised Code.

 

(4)  Robert C. Hershbine did, on or about September 10, 2002, knowingly possess or use a controlled substance when not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: while conducting an inventory of Robert C. Hershbine’s vehicle, a police officer found seventy-four Adipex-P tablets, and fourteen partial Adipex tablets.  Such conduct violates Section 2925.11 of the Ohio Revised Code.

 

(5)  Robert C. Hershbine did, on or about September 10, 2002, knowingly possess a dangerous drug when not in accordance with Chapters 4729., and 4731. of the Ohio Revised Code, to wit: while conducting an inventory of Robert C. Hershbine’s vehicle, a police officer found one Carisoprodol tablet.  Such conduct violates Sec­tion 4729.51(C) of the Ohio Revised Code

 

(6)  Robert C. Hershbine did, on or about October 3, 2002, and dates prior thereto, with purpose to deprive, knowingly obtain or exert control over dan­ger­ous drugs, the property of CVS/pharmacy #3322 by deception, to wit: Robert C. Hershbine admitted to a Board agent that he stole Hydrocodone 5/500, Carisoprodol, and Diazepam.  Such conduct violates Section 2913.02 of the Ohio Revised Code.

 

(7)  On December 2, 2002, Robert C. Hershbine pled guilty to Possession of Drugs, a misdemeanor of the third degree under Parma Heights Ordinance 620.03.  City of Parma vs. Robert C. Hershbine, Case No. 02CRA02895-1-1, Parma Municipal Court.

 

(8)  On December 2, 2002, Robert C. Hershbine pled guilty to Reckless Operation under Parma Heights Ordinance 333.02, a misdemeanor of the third degree.  City of Parma vs. Robert C. Hershbine, Case No. 02TRC06767-1-2, Parma Municipal Court.

 

 

CONCLUSIONS OF LAW

 

(1)  The State Board of Pharmacy concludes that paragraphs (4) through (8) of the Find­ings of Fact constitute being guilty of gross immorality as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code.

 

(2)  The State Board of Pharmacy concludes that paragraphs (4) through (6) of the Find­ings of Fact constitute being guilty of dishonesty and unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Re­vised Code.

 

(3)  The State Board of Pharmacy concludes that paragraph (2) of the Findings of Fact constitutes being addicted to or abusing liquor or drugs or impaired physically or men­tally to such a degree as to render him unfit to practice phar­macy as pro­vided in Divi­sion (A)(3) of Section 4729.16 of the Ohio Revised Code.

 

(4)  The State Board of Pharmacy concludes that paragraphs (7) and (8) of the Find­ings of Fact constitute being convicted of a misdemeanor related to, or committed in, the practice of pharmacy as provided in Division (A)(4) of Section 4729.16 of the Ohio Re­vised Code.

 

(5)  The State Board of Pharmacy concludes that paragraphs (4) and (5) 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. or 4729. 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 Robert C. Hershbine on October 16, 2002.

 

Pursuant to Section 4729.16 of the Ohio Revised Code, and after consideration of the record as a whole, the State Board of Pharmacy hereby suspends indefinitely the phar­ma­cist identi­fication card, No. 03-1-24680, held by Robert C. Hershbine and such sus­pen­sion is effective as of the date of the mailing of this Order.

 

 

(A)  Robert C. Hershbine, 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.