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

November 3, 4, 5, 2003

 

MONDAY, NOVember 3, 2003

 

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:

 

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; Mark Keeley, Legislative Affairs Administrator; David Rowland, Legal Affairs Administrator; Robert Cole, Compli­ance Supervisor; and Sally Ann Steuk, Assistant Attorney General.

 

Mr. Rowland announced that the following settlement agreements had been signed by all parties and were now effective:

 

R-2004-071

 

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-030910-011)

 

In The Matter Of:

 

CRAIG JAMES BAKER, R.Ph.

481 Morning Star Drive

Marysville, Ohio 43040

(R.Ph. No. 03-2-25244

 

This Settlement Agreement is entered into by and between Craig James Baker 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.

 

Craig James Baker 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. Craig James Baker 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, Craig James Baker is licensed to practice pharmacy in the State of Ohio.

 

Whereas, on or about September 10, 2003, pursuant to Chapter 119. of the Ohio Revised Code, Craig James Baker 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.  Craig James Baker re­quested a hearing; it was scheduled and continued.  The September 10, 2003, Notice of Oppor­tunity for Hearing contains the following allegations or charges:

 

 

 

(1)

Records of the Board of Pharmacy indicate that Craig James Baker was originally licensed in the State of Ohio on July 2, 2002, pursuant to examination, and is cur­rently licensed to practice pharmacy in the State of Ohio.

 

 

 

(2)

Craig James Baker did, on or about April 10, 2003, dispense a drug pursuant to prescrip­tion without having the correct directions for use indicated on the label affixed to the container, to wit: when dispensing Rx #6818976, Craig James Baker did not indicate the directions for use of the drug as was prescribed by the phy­sician.  The prescription was written for Pepcid suspension, 40 mg/5 ml, to be given 1.25 ml (10 mg) twice daily; however, Craig James Baker indicated on the label for the five-year-old patient to be given 1¼ teaspoonful twice daily.  Such conduct is in violation of Rule 4729-5-16 of the Ohio Administrative Code.

 

 

 

 

Craig James Baker neither admits nor denies the allegations stated in the Notice of Oppor­tunity for Hearing letter dated September 10, 2003; 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, Craig James Baker knowingly and voluntarily agrees with the State Board of Pharmacy to the following:

 

(A)  Craig James Baker agrees to the imposition of a monetary penalty of two hundred 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.

 

(B)  In addition to any and all other continuing education requirements, Craig James Baker agrees to attend within one year of the effective date of this agreement, 2.0 additional hours of continu­ing education for pediatric dosing and patient consultation in a retail phar­macy.

 

If, in the judgment of the Board, Craig James Baker 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.

 

Craig James Baker 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.

 

Craig James Baker 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.  Craig James Baker 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.  Craig James Baker 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/          Craig J. Baker

 

/d/    10–24–03

 

Craig James Baker, Respondent

 

Date of Signature

 

/s/          Mary Barley-McBride

 

/d/    10/27/03

 

Mary Barley-McBride, Attorney for Respondent

 

Date of Signature

 

/s/          Robert P. Giacalone

 

/d/    11/3/03

 

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

 

Date of Signature

 

/s/          Sally Ann Steuk

 

/d/    11/3/03

 

Sally Ann Steuk, Ohio Assistant Attorney General

 

Date of Signature

 

 

R-2004-072

 

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-030109-051)

 

In The Matter Of:

 

ANDREW DUANE GODDARD, R.Ph.

736 Redwood Avenue

Canal Fulton, Ohio 44614

(R.Ph. No. 03-1-22391

 

This Settlement Agreement is entered into by and between Andrew Duane Goddard 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.

 

Andrew Duane Goddard 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. Andrew Duane Goddard 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, Andrew Duane Goddard is licensed to practice pharmacy in the State of Ohio.

 

Whereas, on or about January 9, 2003, and again on October 6, 2003, pursuant to Chapter 119. of the Ohio Revised Code, Andrew Duane Goddard 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. Andrew Duane Goddard requested a hearing; it was scheduled and continued.  The January 9, 2003, Notice of Opportunity for Hearing and the October 6, 2003 Addendum Notice contain the following allegations or charges:

 

 

 

(1)

Records of the Board of Pharmacy indicate that Andrew Duane Goddard was origi­nally licensed in the State of Ohio on July 16, 1997, pursuant to examination, and is currently licensed to practice pharmacy in the State of Ohio.

 

 

 

(2)

Andrew Duane Goddard did, on or about August 1999, to October 1999, know­ingly mingle a poison with a drink, knowing that drink would be ingested by per­son or persons, to wit: Andrew Duane Goddard placed Furosemide (Lasix) 20 mg in coffee that was later con­sumed by employees of the pharmacy.  Such conduct is in violation of Section 2927.24 of the Ohio Revised Code.

 

 

 

(3)

Andrew Duane Goddard did, on or about August 1999, to October 1999, while employed as a pharmacist at Rite Aid Pharmacy #2393, with purpose to deprive, or knowingly obtain or exert control over dangerous drugs, the property of Rite Aid Pharmacy #2393, beyond the express or implied consent of the owner, to wit: Andrew Duane Goddard has admit­tedly stolen Furosemide (Lasix) 20 mg.  Such conduct violates Section 2913.02 of the Ohio Revised Code.

 

 

 

(4)

Andrew Duane Goddard did, on or about August 1999, to October 1999, know­ingly cause or attempt to cause physical harm to another, to wit: Andrew Duane Goddard placed Furosemide (Lasix) 20 mg in coffee that was consumed by em­ployees of the pharmacy.  Employees experienced severe discomfort due to the effect of the drug.  Such conduct vio­lates Section 2903.13 of the Ohio Revised Code.

 

 

 

(5)

On February 26, 2003, Andrew Duane Goddard pled guilty to one (1) count of Theft of Drugs, a felony of the fourth degree under Section 2913.02(A)(2) of the Ohio Revised Code, and to one (1) count of Placing Harmful Objects in Food or Confection, a misdemeanor of the first degree under Section 3716.11(A) of the Ohio Revised Code.  State of Ohio vs. Andrew D. Goddard, Case No. 2003CR0214, Stark County Common Pleas Court.  Such conduct indicates that Andrew Duane Goddard is guilty of a felony or gross immorality, dishonesty or unprofessional conduct in the practice of pharmacy, and/or addicted to or abusing drugs to render Andrew Duane Goddard unfit to practice pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code.

 

 

 

 

Andrew Duane Goddard neither admits nor denies the allegations stated in the Notice of Oppor­tunity for Hearing letter dated January 9, 2003 and Addendum Notice dated October 6, 2003; 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, Andrew Duane Goddard knowingly and voluntarily agrees with the State Board of Pharmacy to the following:

 

(A)  Pursuant to Sections 4729.16 and 4729.25(B), Andrew Duane Goddard is hereby repri­manded for the aforementioned violations of rules and/or laws.

 

(B)  Andrew Duane Goddard’s pharmacist identification card, No. 03-1-22391, will be placed on probation for three (3) years, effective from the date of this Agreement.  The terms of probation are as follows:

 

 

 

(1)

The State Board of pharmacy hereby declares that Andrew Duane Goddard’s phar­macist identification card is not in good standing.

 

 

 

(2)

Andrew Duane Goddard must not violate the drug laws of the State of Ohio, any other state, or the federal government.

 

 

 

(3)

Andrew Duane Goddard must abide by the rules of the Ohio State Board of Pharmacy.

 

 

 

(4)

Andrew Duane Goddard must comply with the terms of this Agreement.

 

 

 

 

(C)  Andrew Duane Goddard must write a letter of apology to the pharmacy employees affected by Andrew Duane Goddard’s misconduct; providing copy of same to the Board office.

 

(D)  Andrew Duane Goddard agrees to the imposition of a monetary penalty of one thou­sand dollars ($1,000.00) 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 43215-6126.

 

If, in the judgment of the Board, Andrew Duane Goddard 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.

 

Andrew Duane Goddard 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.

 

Andrew Duane Goddard 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. Andrew Duane Goddard 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. Andrew Duane Goddard 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/          Andrew D. Goddard

 

/d/    10/28/03

 

Andrew Duane Goddard, Respondent

 

Date of Signature

 

/s/          Mark A. Whitaker

 

/d/    10/29/03

 

Mark A. Whitaker, Attorney for Respondent

 

Date of Signature

 

/s/          Robert P. Giacalone

 

/d/    11/3/03

 

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

 

Date of Signature

 

/s/          Sally Ann Steuk

 

/d/    11/03/03

 

Sally Ann Steuk, Ohio Assistant Attorney General

 

Date of Signature

 

 

 

Mr. Winsley distributed copies of correspondence received pertaining to the Public Rules Hearing scheduled at 1:30 p.m. for the Board to review.

10:02 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 Mrs. Adelman 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.

10:10 a.m.

 

Member Gregory Braylock arrived and joined the meeting in progress.

11:15 a.m.

R-2004-073

The Executive Session ended and the meeting was opened to the public.  Mrs. Gregg moved that the Board summarily suspend the license to practice pharmacy belonging to Elizabeth Marie Warner, R.Ph. (03-3-16196) 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. Teater and approved by the Board (Aye-8/Nay-0).

 

R-2004-074

Ms. Eastman then moved that the Board summarily suspend the license to practice phar­macy belonging to Nancy Lee Dawson, R.Ph. (03-2-12544) 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 Mr. Kost and approved by the Board (Aye-8/Nay-0).

11: 29 a.m.

 

After discussion of the draft minutes from the October, 2003 meeting, Mrs. Adelman moved that the minutes of the October, 2003 meeting be approved as amended.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

11:30 a.m.

 

The Board recessed for lunch.

  1:30 p.m.

 

The Board reconvened in Room 1960, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio for the purpose of holding a public hearing on proposed and new rules 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.

 

Also present and participating for the Board were William T. Winsley, Executive Director and Sally Ann Steuk, Assistant Attorney General.

  1:41 p.m.

 

The public hearing ended and the record was closed.

  1:58 p.m.

 

The Board reconvened in Room East-B with all members present.

 

R-2004-075

Mr. Keeley presented a request from Ohio Northern University for approval of their immu­nization program for practicing pharmacists.  After discussion, Mrs. Gregg moved that the Board approve the program.  The motion was seconded by Mr. Kost and approved by the Board (Aye-8/Nay-0).

 

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

 

R-2004-076

The Board next considered a request from DrFirst, an electronic prescribing program, for approval by the Board.  After a detailed discussion of the program by the Board, Mrs. Gregg moved that the DrFirst prescribing program be considered approvable pending
final inspection of the installed system.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

 

R-2004-077

Mr. Benedict then presented a request from John Lepto, R.Ph. asking for a waiver from the requirements of Rule 4729-5-11(A) to allow him to serve as responsible pharmacist at more than one location for a short time period.  After discussion, Mr. Braylock moved that the request be approved for a sixty-day time period at the following two locations:

 

Children’s Hospital Medical Center of Akron (02-0038900)

Ambulatory Care Center Pharmacy  (02-0616250)

 

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

  2:53 p.m.

 

The Board took a brief recess.

  3:03 p.m.

 

The Board was joined by Assistant Attor