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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. |
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STATE BOARD OF PHARMACY; Tel:
614/466-4143
Fax: 614/752-4836 Email: exec@bop.state.oh.us |
Minutes Of The Meeting
May 3, 4, 5, 2004
MONDAY, MAY 3, 2004
10:05 a.m. ROLL CALL
The State Board of Pharmacy convened in the Medical Sciences
Building-E701,
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.; and Dorothy S. Teater, Public Member.
Also present were
This meeting was held at the
10:17 a.m.
R-2004-186
11:30 a.m.
The Board recessed for lunch.
1:09 p.m.
The Board reconvened in the Medical Sciences Building-E701,
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.; and Dorothy S. Teater, Public Member.
The Board was joined by
2:25 p.m.
The hearing ended and the record was closed. The Board took a brief recess.
3:00 p.m.
The Board was joined by
5:40 p.m.
The hearing ended and the record was closed. The Board meeting recessed until Tuesday, May 4, 2004.
TUESDAY, MAY 4, 2004
8:10 a.m. ROLL CALL
The State Board of Pharmacy convened in Room West-B&C, 31st Floor,
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-2004-187 SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY
(Docket No. D-040211-059)
In The Matter Of:
(R.Ph. No. 03-2-16556)
This Settlement Agreement is
entered into by and between Stephen Andrew Summers 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
Stephen Andrew Summers
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. Stephen Andrew Summers 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, Stephen Andrew
Summers is licensed to practice pharmacy in the State of
Whereas, on or about February 11, 2004, pursuant to
Chapter 119. of the Ohio Revised Code, Stephen Andrew Summers 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.
Stephen Andrew Summers requested
a hearing; it was scheduled and continued.
The February 11, 2004, Notice
of Opportunity for Hearing contains the following allegations or charges:
(1) Records of the
Board of Pharmacy indicate that Stephen Andrew Summers was originally licensed
in the State of
(2) Stephen Andrew
Summers did, from January, 2003, through September, 2003, with purpose to
deprive, knowingly obtain or exert control over the property of
(3) Stephen Andrew
Summers did, from January, 2003, through September, 2003, knowing that an
investigation was likely to be instituted, alter, destroy, conceal, or remove a
record, document, or thing with purpose to impair its value or availability as
evidence in such investigation, to wit: during a course of stealing money from
his employer's cash register, Stephen Andrew Summers cleared or altered cash
register entries so that his thefts would not be detected or proven. Such conduct is in violation of Section
2921.12 of the Ohio Revised Code.
Stephen Andrew Summers
neither admits nor denies the allegations stated in the Notice of Opportunity
for Hearing letter dated January 7, 2004; 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, Stephen Andrew Summers knowingly and voluntarily
agrees with the State Board of Pharmacy to the following:
(A) Stephen Andrew
Summer’s pharmacist identification card, No. 03-2-16556, will be placed on
probation for two years, effective from the date of this Agreement.
(B) Stephen Andrew
Summers agrees to the imposition of a monetary penalty of two thousand five
hundred dollars ($2,500.00) 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
form to the State Board of Pharmacy, 77 South High Street, Room 1702, Columbus,
Ohio 43215-6126
(C) The terms of
probation are as follows:
(1) The State Board of
Pharmacy hereby declares that Stephen Andrew Summer’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) Stephen Andrew
Summers may not serve as a responsible pharmacist.
(3) Stephen Andrew
Summers must, during the period of probation, notify any future employers of
his probation and its terms.
(4) Stephen Andrew
Summers may destroy, assist in, or witness the destruction of controlled
substances.
(5) Stephen Andrew
Summers must not violate the drug laws of the State of
(6) Stephen
Andrew Summers must abide by the rules of the Ohio State Board of Pharmacy.
(7) Stephen Andrew
Summers must comply with the terms of this Agreement.
If, in the judgment of the
Board, Stephen Andrew Summers 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.
Stephen Andrew Summers
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
Stephen Andrew Summers waives
any and all claims or causes of action he may have against the State of
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.
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/s/ S A Summers |
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/d/ 4/21/04 |
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Date of Signature |
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/s/ J D Revelson |
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/d/ 04/21/04 |
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Date of Signature |
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/s/ |
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/d/ 5/4/04 |
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Date of Signature |
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/s/ Sally Ann Steuk |
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/d/ 5–5–04 |
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Date of Signature |
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R-2004-188 SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY
(Docket No. D-040107-051)
In The Matter Of:
(R.Ph. No. 03-2-13136)
This Settlement Agreement is
entered into by and between
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,
Whereas, on or about January
7, 2004, pursuant to Chapter 119. of the Ohio Revised Code,
(1) Records of the
Board of Pharmacy indicate that
(2)
(3)
(4)
(5)
Wherefore, in consideration
of the foregoing and mutual promises hereinafter set forth, and in lieu of a
formal hearing at this time,
(A) Elaine
L. Woll’s pharmacist identification card, No. 03-2-13136, will be placed on
probation for two years, effective from the date of this Agreement.
(B) Elaine
L. Woll agrees to the imposition of a monetary penalty of five thousand dollars
($5,000.00) 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 form to the
State Board of Pharmacy, 77 South High Street, Room 1702, Columbus, Ohio 43215-6126
(C)
(D) The
terms of probation are as follows:
(1) The
State Board of Pharmacy hereby declares that
(2) Elaine
L. Woll must, during the period of probation, notify any future employers of
her probation and its terms.
(3) Elaine
L. Woll must not violate the drug laws of the State of
(4) Elaine
L. Woll must abide by the rules of the Ohio State Board of Pharmacy.
(5) Elaine
L. Woll must comply with the terms of this Agreement.
If, in the judgment of the
Board, Elaine L. Woll 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.
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.
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/s/ |
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/d/ 4/19/04 |
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Date of Signature |
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/s/ |
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/d/ 20 Apr 04 |
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Date of Signature |
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/s/ |
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/d/ 5/4/04 |
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Date of Signature |
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/s/ Sally Ann Steuk |
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/d/ 5–5–04 |
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Date of Signature |
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8:12 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. The motion was seconded by
9:00 a.m.
R-2004-189 The
Executive Session ended and the meeting was opened to the public.
ORDER OF THE STATE BOARD OF
PHARMACY
(Docket
No. D-031016-021)
In
The Matter Of:
(R.Ph. No. 03-3-16986)
INTRODUCTION
THE MATTER OF ANTHONY KORNOKOVICH CAME FOR HEARING
ON MAY 3, 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.; DOROTHY S.
TEATER, PUBLIC MEMBER.
SUMMARY OF EVIDENCE
State’s
Witnesses
None
Respondent's
Witnesses
1.
2.
State's
Exhibits
1. Reinstatement Hearing Request letter from
1A-1E. Procedurals
2A. Copy of State Board of Pharmacy Order in re
2.
3.
4.
5.
6.
7.
8.
Respondent's
Exhibits
A1-A3. Facsimile copy of PRO Pharmacist's Recovery
Contract for
B. Support Group Attendance Verification cover
letter from
C1-C13. Calendar pages for
April 2003 to April 2004