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

October 4, 5, 6, 2004

 

MONDAY, OCTOBER 4, 2004

 

  8:00 a.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:

 

Lawrence J. Kost, R.Ph. (President); Suzanne R. Eastman, R.Ph. (Vice-President); Elizabeth I. Gregg, R.Ph.; Nathan S. Lipsyc, R.Ph.; Kevin J. Mitchell, 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.

  8:06 a.m.

Mr. Rowland announced that the following settlement agreement in the matter of Delbert G. Brown, R.Ph. had been signed by all parties and was now effective:

 

R-2005-049

SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-040714-003)

 

In The Matter Of:

 

DELBERT G. BROWN, R.Ph.

1425 Pleasant Hill Road

Waverly, Ohio 45690

(R.Ph. No. 03-3-10478)

 

This Settlement Agreement is entered into by and between Delbert G. Brown 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.

 

Delbert G. Brown 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.  Delbert G. Brown 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, Delbert G. Brown is licensed to practice pharmacy in the State of Ohio.

 

Whereas, on or about July 14, 2004, pursuant to Chapter 119. of the Ohio Revised Code, Delbert G. Brown 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.  Delbert G. Brown requested a hearing; it was scheduled and continued.  The July 14, 2004, Notice of Opportunity for Hearing contains the following allegations or charges:

 

(1)  Records of the State Board of Pharmacy indicate that Delbert G. Brown was originally licensed in the State of Ohio on July 30, 1973, 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, Delbert G. Brown was the Respon­sible Pharmacist at Fruth Pharmacy #16, 101 James Road, Waverly, Ohio, pursuant to Sections 4729.27 and 4729.55 of the Ohio Revised Code and Rule 4729-5-11 of the Ohio Administrative Code.

 

(2)  Delbert G. Brown did, on or about April 14, 2003, misbrand a drug, to wit: when Delbert G. Brown received a prescription for clonidine 0.2 mg, Rx #6566070, he dispensed clonazepam 2 mg, which had not been prescribed by the physician.  The patient was subsequently hospitalized.  Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.

 

Delbert G. Brown neither admits nor denies the allegations stated in the Notice of Oppor­tunity for Hearing letter dated July 14, 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, Delbert G. Brown knowingly and voluntarily agrees with the State Board of Pharmacy to the following:

 

(A)  Delbert G. Brown agrees to the imposition of a monetary penalty of five hundred dollars ($500.00), and payment of the monetary penalty is due and owing within thirty (30) 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.

 

(B)  In addition to any and all other continuing education requirements, Delbert G. Brown agrees to attend, within 6 months of the effective date of this agreement, two hours (0.2 CEUs) additional hours of Board-approved continuing pharmacy education for preventing prescription errors in a retail pharmacy.

 

If, in the judgment of the Board, Delbert G. Brown 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.

 

Delbert G. Brown 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.

 

Delbert G. Brown 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.  Delbert G. Brown 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/         Delbert Brown

 

/d/      9–24–04

 

Delbert G. Brown, R.Ph., Respondent

 

Date of Signature

 

/s/         Lawrence J. Kost

 

/d/      10–4–04

 

Lawrence J. Kost, President, Ohio State Board of Pharmacy

 

Date of Signature

 

/s/         Sally Ann Steuk

 

/d/      10–4–04

 

Sally Ann Steuk, Ohio Assistant Attorney General

 

Date of Signature

 

  8:08 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. Lipsyc and a roll call vote was conducted by President Kost as follows: Eastman-Yes, Gregg-Yes, Lipsyc-Yes, Mitchell-Yes, Teater-Yes, and Turner-Yes.

  8:09 a.m.

Board Member Gregory Braylock arrived and joined the Executive Session in progress.

10:05 a.m.

R-2005-050    The Executive Session ended and the meeting was opened to the public.  Mr. Turner moved that the Board approve the settlement offer that was presented in the matter of Dennis White as long as Mr. White accepts the amendments made by the Board.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-7/Nay-0).

 

R-2005-051    Ms. Eastman then moved that the Board agree to the request from the Akron Center for Choice that they be allowed to withdraw their application for a license as a Terminal Dis­tributor of Dangerous Drugs.  The motion was seconded by Mr. Lipsyc and approved by the Board (Aye-7/Nay-0).

 

R-2005-052    Ms. Eastman then moved that the Board refuse the settlement offer submitted in the matter of John Tekulve, R.Ph.  The motion was seconded by Mrs. Gregg and approved by the Board (Aye-7/Nay-0).

10:08 a.m.

The Board took a brief recess.

10:15 a.m.

R-2005-053    The meeting resumed.  The Board reviewed the response received from the Ohio Depart­ment of Job and Family Services (ODJFS) to the Board’s letter regarding the issue of man­dated tablet splitting for Ohio Medicaid recipients.  After discussion, it was the con­sensus of the members present that, since ODJFS had chosen to ignore the recom­men­da­tions of the Board in this matter, there did not seem to be much further action the Board could take at this time.  The Board members reiterated the position approved at the Sep­tember, 2004, meeting regarding their extreme concern for the safety of the patients if this policy is implemented.

 

The Board was then joined by Mr. Keeley for a discussion of the proposed new and changed rules to be considered for approval.

11:30 a.m.

The Board recessed for lunch.

  1:15 p.m.

The Board reconvened 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:

 

Lawrence J. Kost, R.Ph. (President); Suzanne R. Eastman, R.Ph. (Vice-President); Gregory Braylock, R.Ph.; Elizabeth I. Gregg, R.Ph.; Nathan S. Lipsyc, R.Ph.; Kevin J. Mitchell, R.Ph.; Dorothy S. Teater, Public Mem­ber; and James E. Turner, R.Ph.

 

R-2005-054    The Board continued the discussion of the proposed new and changed rules.  At the conclusion of reviewing all the proposed changes, Mrs. Gregg moved that the Board approve the filing of the following rules as amended.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-7/Nay-0).

 

 

OAC (Ohio Administrative Code) Chapter 4729-3  (PHARMACY INTERNSHIP)

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.

 

 

OAC Chapter 4729-5  (PHARMACY PRACTICE)

4729-5-01

Definitions.

4729-5-11

Responsible person.

4729-5-13

Prescription format.

4729-5-15

Prescriber.

4729-5-18

Patient profiles.

4729-5-19

Serial numbering of prescriptions.

4729-5-21

Manner of processing a prescription.  [Proposed New]

4729-5-24

Prescription copy.

4729-5-27

Recordkeeping.  [To Be Rescinded/part of Proposed New 5-27]

4729-5-27

Record keeping.  [Proposed New]

4729-5-28

Computerized recordkeeping systems.  [To Be Rescinded/part of Proposed New 5-27]

4729-5-30

Manner of issuance of a prescription.  [To Be Rescinded/part of Proposed New 5-30]

4729-5-30

Manner of issuance of a prescription.  [Proposed New]

4729-5-35

 

Automated drug delivery systems.

 

 

OAC Chapter 4729-9  (DANGEROUS DRUGS)

4729-9-21

 

Drugs compounded in a pharmacy.

 

 

OAC Chapter 4729-15  (NUCLEAR PHARMACIES)

4729-15-01

Definitions.

4729-15-03

 

Minimum standards for a nuclear pharmacy.  [Proposed New]

 

 

OAC Chapter 4729-17  (INSTITUTIONAL FACILITIES)

4729-17-01

Definitions.

4729-17-09

 

Drug orders for patients of an institutional facility.

 

 

OAC Chapter 4729-19  (STERILE PRODUCT PRESCRIPTIONS)

4729-19-01

Definitions.

4729-19-02

Prescriptions for sterile products.

4729-19-04

 

Minimum standards for compounding parenteral or sterile product prescriptions.

 

 

OAC Chapter 4729-21  (MEDICAL GASES)

4729-21-06

 

Sales of medical oxygen to S.C.U.B.A. divers.  [Proposed New]

 

 

OAC Chapter 4729-22  (RETAIL SELLERS OF OXYGEN)

4729-22-04

 

Prescriber's order.

 

 

OAC Chapter 4729-29  (CONSULT AGREEMENTS)

4729-29-02

 

Pharmacist as agent.

 

 

OAC Chapter 4729-35  (DRUG REPOSITORY PROGRAM PROGRAMS)

4729-35-08

Recordkeeping Record keeping.

 

R-2005-055    Mr. McMillen presented a request for approval as a provider of continuing pharmacy education (CPE) from the Pharmacy Foundation of Ohio/Columbus.  After discussion, Mrs. Gregg moved that the Board approve the Pharmacy Foundation of Ohio as a Board approved in-state provider of CPE.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-7/Nay-0).

 

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

 

There was no Medical Board Prescribing Committee report for this month.

  1:35 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 Tekulve, R.Ph., Cincinnati.

  2:55 p.m.

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

  3:05 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 Morganna E. Allen, R.Ph., Marion.

  3:55 p.m.

The hearing ended and the record was closed.

  4:00 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 Ms. Eastman and a roll call vote was conducted by President Kost as follows: Braylock-Yes, Eastman-Yes, Gregg-Yes, Lipsyc-Yes, Mitchell-Yes, Teater-Yes, and Turner-Yes.

  5:05 p.m.

R-2005-056    The Executive Session ended and the meeting was opened to the public.  Mr. Braylock moved that the Board deny the settlement offer made in the matters of Barberton Citizens Hospital and Paul Woodruff, R.Ph. and that the hearings be held as scheduled.  The motion was seconded by Mr. Mitchell and approved by the Board (Aye-4/Nay-3).

 

R-2005-057    Mr. Braylock then moved that the Board adopt the following Order in the matter of John Tekulve, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-040205-056)

 

In The Matter Of:

 

JOHN PAUL TEKULVE, R.Ph.

3773 Frances Avenue

Cincinnati, Ohio 45211

(R.Ph. No. 03-3-21594)

 

INTRODUCTION

 

THE MATTER OF JOHN TEKULVE CAME FOR HEARING ON OCTOBER 4, 2004 BEFORE THE FOLLOWING MEMBERS OF THE BOARD: LAWRENCE J. KOST, R.Ph.; (presiding); GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ELIZABETH I. GREGG, R.Ph.; NATHAN S. LIPSYC, R.Ph.; KEVIN J. MITCHELL, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

 

JOHN TEKULVE WAS REPRESENTED BY ERIC J. PLINKE AND THE STATE OF OHIO WAS REPRE­SENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

SUMMARY OF EVIDENCE

State’s Witnesses

 

1.  Richard Haun, Ohio State Board of Pharmacy

 

Respondent's Witnesses

 

1.  John Paul Tekulve, R.Ph., Respondent

 

State's Exhibits

 

1.  Notice of Opportunity For Hearing letter  [02-05-04]

1A-1B.  Procedurals

1C.  Addendum Notice  [06-30-04]

1D.  Amendment Notice  [07-15-04]

1E-1F.  Procedurals

2.  Notarized Statement of John Paul Tekulve, R.Ph.  [01-08-04]

3.  Statements of John Tekulve  [01-07-04]

4.  Wal-Mart Stores, Inc. Restitution Note Issued to John P. Tekulve  [01-07-04]

5.   Journal/Judgment Entry, State of Ohio vs. John P. Tekulve, Case No. CRB 0400025, Butler County Area III Court  [05-17-04]

6.  Two State Board of Pharmacy Orders in re John Paul Tekulve, R.Ph.  [09-13-01 and 05-14-98]

 

Respondent's Exhibits

 

A.  Treatment Progress Report from Richard L. Baum, Ed.D.  [09-27-04]

B.  Letter from James F. Liebetrau, R.Ph.  [not dated]

C.  Letter from Matthew E. Fisher, R.Ph.  [09-23-04]

D.  Copy of Day Reporting Theft Program Completion Certificate for John Tekulve  [07-08-04]

E.  Journal/Judgment Entry, State of Ohio vs. John P. Tekulve, Case No. CRB 0400025, Butler County Area III Court  [05-17-04]

F.  Copy of Money Order Receipt, No. 08144467227, made payable to Wal Mart Stores, Inc.  [08-11-04]; United States Postal Service Certified Mail Return Receipt for Article No. 7003 2260 0006 9546 1926  [08-11-04]

 

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 John Paul Tekulve was originally licensed by the State of Ohio as a pharmacist on October 16, 1996, pursuant to examination, and is currently licensed to practice pharmacy in Ohio.  Further, the Board previously disciplined John Tekulve on May 14, 1998.

 

(2)  John Paul Tekulve did, from on or about February, 2003, through December, 2003, with purpose to deprive, knowingly obtain or exert control over property of Wal-Mart beyond the scope of the express or implied consent of the owner, to wit: John Paul Tekulve admittedly stole over $500.00 worth of merchan­dise from his employer.  Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

 

(3)  On May 17, 2004, John Paul Tekulve was found guilty of one (1) count of Theft, a misdemeanor of the first degree under Section 2913.02 of the Ohio Revised Code.  State of Ohio vs. John P. Tekulve, Case No. CRB 0400025, Butler County Area III Court.

 

CONCLUSIONS OF LAW

 

(1)  The State Board of Pharmacy concludes that paragraphs (2) and (3) 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 (2) and (3) 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 (3) of the Find­ings of Fact constitutes having been 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.

 

DECISION OF THE BOARD

 

Pursuant to Section 4729.16 of the Ohio Revised Code, and after consideration of the record as a whole, the State Board of Pharmacy adjudicates the matter of John Paul Tekulve as follows:

 

(A)  On the basis of the Findings of Fact and Conclusions of Law set forth above, the State Board of Phar­macy hereby revokes the pharmacist identification card, No. 03-3-21594, held by John Paul Tekulve effec­tive as of the date of the mailing of this Order.