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

August 2 & 3, 2004

 

MONDAY, AUGUST 2, 2004

 

10:00 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); Robert P. Giacalone, R.Ph.; Elizabeth I. Gregg, R.Ph.; Nathan S. Lipsyc, R.Ph.; Kevin J. Mitchell, R.Ph.; 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.

10:06 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. Giacalone and a roll call vote was conducted by President Kost as follows: Eastman-Yes, Giacalone-Yes, Gregg-Yes, Lipsyc-Yes, Mitchell-Yes, and Turner-Yes.

10:08 a.m.

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

10:10 a.m.

Member Dorothy Teater arrived and joined the Executive Session in progress.

10:52 a.m.

R-2005-013    The Executive Session ended and the meeting was opened to the public.  Ms. Eastman moved that the Board summarily suspend the license to practice pharmacy belonging to Craig James Bryant, R.Ph. (03-2-21372) due to the fact that a continuation of his profes­sional practice presents a danger of immediate and serious harm to others.  The motion was seconded by Mrs. Gregg and approved by the Board (Aye-7/Nay-0/Abstain-1[Teater]).

 

R-2005-014    Ms. Eastman then moved that the Board summarily suspend the license to practice phar­macy belonging to David Michael Rebeck, R.Ph. (03-2-15681) due to the fact that a con­tinuation of his professional practice presents a danger of immediate and serious harm to others.  The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/­Nay-0).

 

R-2005-015    Mr. Turner moved that the Board refuse the settlement offer submitted in the matter of Andrew Douglas Byrnes (06-0-02689) and that the hearing be held as scheduled.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

10:55 a.m.

The Board took a brief recess.

11:00 a.m.

The meeting resumed.  The Board was joined by Mary Ryan, Medco Health Solutions, Inc., to discuss Medco’s proposed work-at-home program with the Board.

11:51 a.m.

The Medco discussion ended.  The Board recessed for lunch.

  1:41 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 all members present.

 

Mr. McMillen presented his licensing report to the Board.

 

Mr. Winsley distributed a news release from the Accreditation Council for Pharmacy Education (ACPE) regarding graduates of Canadian Bachelor of Science in Pharmacy programs.  In keeping with their earlier announced policy, ACPE indicated that students graduating from a Canadian school of pharmacy with a Bachelor’s degree in Pharmacy after June 30, 2004 would not be recognized as having an equivalent degree to students graduating from an ACPE-accredited school of pharmacy.  This decision was based on ACPE’s mandate that all ACPE-accredited schools of pharmacy must offer only the Pharm.D. degree as of June 30, 2004.

 

Mr. Keeley discussed his budget report with the Board.

 

There was no report on the Medical Board’s Prescribing Committee.

 

There was nothing new to report regarding the Nursing Board’s Committee on Prescriptive Governance.  There had been no meetings since the last report.

  2:20 p.m.

The Board took a brief recess.

  2:33 p.m.

The meeting resumed.  Mr. Lipsyc 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. Gregg and a roll call vote was conducted by President Kost as follows: Braylock-Yes, Eastman-Yes, Giacalone-Yes, Gregg-Yes, Lipsyc-Yes, Mitchell-Yes, Teater-Yes, and Turner-Yes.

  3:29 p.m.

The Executive Session ended and the meeting was opened to the public.

 

The Board considered the draft minutes from the July 12 & 13, 2004 meeting.  After discussion, Mrs. Gregg moved that the minutes be approved as amended.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

 

R-2005-016    The Board then set the calendar of meetings for Fiscal Year 2006 (July 1, 2005-June 30, 2006) as follows:

 

July 11-13, 2005

August 8-10, 2005

September 12-14, 2005

October 11-12, 2005 (two days only)

November 7-9, 2005

December 5-7, 2005

January 9-11, 2006

February 6-8, 2006

March 6-8, 2006

April 3-5, 2006

May 8-10, 2006

June 5-7, 2006

  4:00 p.m.

The Board meeting was recessed until Tuesday, August 3, 2004.

 

 

tuesday, august 3, 2004

 

  8:03 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); Gregory Braylock, R.Ph.; Robert P. Giacalone, 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-2005-017    The Board discussed the Medco work-at-home program.  After significant discussion, Mrs. Teater moved that the Board consider the program approvable subject to the follow­ing conditions:

 

1.   Approve as a pilot project.

2.   Board staff to review several home locations.

3.   Medco and Board staff to return after the program has been running for nine months to report on outcomes and problems.

4.   Board staff to carefully inspect the first installation to ensure that computer limits as proposed by Medco are actually in place and to obtain photographs of the installation for Board review.

5.   At least during the pilot phase, all pharmacists working at home must be Ohio licensed pharmacists.

6.   At least during the pilot phase, all pharmacists’ homes, as well as the Medco hub, must be located in Ohio.

 

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

  8:45 a.m.

The Board took a brief recess.

  8:54 a.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 Nathan John Goik, Toledo.

10:09 a.m.

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

10:23 a.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 Jeffrey Allen Iserman, R.Ph., Holland.

12:30 p.m.

The hearing ended and the record was closed.  The Board recessed for lunch.

  1:30 p.m.

The Board convened in Room South-A, 31st Floor, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio, for the purpose of meeting with the candidates for licensure by reciprocity with the following members present:

 

Lawrence J. Kost, R.Ph. (President); Suzanne R. Eastman, R.Ph. (Vice-President); Gregory Braylock, R.Ph.; Robert P. Giacalone, 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-2005-018    Following presentations by Board members and self-introductions by the candidates for licensure by reciprocity, the following candidates participated in a discussion of phar­macy laws and rules with Mr. McMillen and were then presented with their pharmacist identification cards.

 

LUCILLE PEDRO ACCETTA

 

03-2-26197

 

NEW YORK

ARFARAZ AHMAD

 

03-2-26407

 

NEW YORK

THOMAS E. BISSELL

 

03-2-26492

 

MICHIGAN

MICHAEL B. BOTTORFF

 

03-2-26400

 

KENTUCKY

CAMMIE BURGESS

 

03-2-26444

 

WISCONSIN

MELISSA SUE DURR

 

03-2-26514

 

PENNSYLVANIA

BENJAMIN RAY ELLERT

 

03-2-26452

 

TENNESSEE

EDWARD ALAN FISCHER

 

03-2-26196

 

INDIANA

AMY LOUISE FORTKAMP

 

03-2-26349

 

KENTUCKY

MICHAEL JAMES HOLTEL

 

03-2-26433

 

SOUTH CAROLINA

DARRELL ALLEN HOMAN

 

03-3-22114

 

KENTUCKY

CHERYL ANN LIEB

 

03-2-26496

 

MARYLAND

JAMES CHARLES LOCKSCHMIDT

 

03-2-26504

 

PENNSYLVANIA

STEVEN PAUL LUDLOW

 

03-2-26460

 

ARIZONA

CHARLES ERIC MILLER

 

03-2-26471

 

CONNECTICUT

AMY BETH NIMMO

 

03-2-26491

 

TEXAS

KIMBERLY JO NOVAK

 

03-2-26488

 

KENTUCKY

JILL K. PICKARD

 

03-2-26113

 

PENNSYLVANIA

RICHARD EUGENE SARGEL, JR.

 

03-2-26495

 

MARYLAND

DIA-JEANETTE THOMAS

 

03-2-26434

 

DELAWARE

DANA KATHLEEN TIU

 

03-2-26430

 

WEST VIRGINIA

ELIZABETH JANE VOGEL

 

03-2-26474

 

ALABAMA

SARA EVANGELINE VOGLER

 

03-2-26477

 

MICHIGAN

CHRISTOPHER MICHAEL WYSE

 

03-2-26332

 

MISSOURI

  1:59 p.m.

The Board reconvened in Room West-B&C.  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 Matthew P. Bodnar, R.Ph., Toronto.  Mr. Giacalone recused himself from the hearing and the result­ing deliberations by the Board.

  4:10 p.m.

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

  4:18 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 Kost as follows: Braylock-Yes, Eastman-Yes, Giacalone-Yes, Gregg-Yes, Lipsyc-Yes, Mitchell-Yes, Teater-Yes, and Turner-Yes.

  5:05 p.m.

R-2005-019    The Executive Session ended and the meeting was opened to the public.  Ms. Eastman moved that the Board adopt the following Order in the matter of Nathan John Goik:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-040225-062)

 

In The Matter Of:

 

NATHAN JOHN GOIK

2550 Greenway Street #3

Toledo, Ohio 43607

(D.O.B. 04/29/81)

 

INTRODUCTION

 

THE MATTER OF NATHAN JOHN GOIK CAME FOR HEARING ON AUGUST 3, 2004 BEFORE THE FOLLOWING MEMBERS OF THE BOARD: LAWRENCE J. KOST, R.Ph. (presiding); GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, R.Ph.; ELIZABETH I. GREGG, R.Ph.; NATHAN S. LIPSYC, R.Ph.; KEVIN J. MILLER, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

 

NATHAN JOHN GOIK WAS REPRESENTED BY DANIEL D. CONNOR 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.  Nathan John Goik, Respondent

2.  Michael Quigley, R.Ph.

 

State's Exhibits

 

1.  Hearing Request letter from Daniel D. Connor  [02-17-04]

1A-1B.  Procedurals

2.  Copy of State Board of Pharmacy Order in re Nathan John Goik  [02-05-04]

2A.  Copy of unsigned Statement of Nathan Goik  [not dated]

3.  Copy of Akron Police Department Field Arrest/Summons No. 119757 issued to Nathan J. Goik, Incident Report No. 00-19067  [06-10-00]

4.  Copy of Report of Arrest/Summons, Case No. 00CRB6857  [06-16-00]

5.  Copy of Complaint No. 00CRB6857, Akron Municipal Court  [06-10-00]

6.  Copy of Discretionary Rehabilitation Program Journal Entry, Case No. 00CRB6857, Akron Municipal Court  [09-26-00]

7.  Copy of unsigned three-page Statement of Nathan John Goik  [not dated]

8.  Copy of Court Cost and Fine Receipt No. 1677100, City of Dothan vs. Nathan John Goik, Case No. MC-01-000634-001, City of Dothan Municipal Court (Alabama)  [10-07-02]

 

Respondent's Exhibits

 

A-1.  Copy of PRO Pharmacist’s Recovery Contract for Nathan Goik  [12-29-03]

A-2.  Copy of Progress Report from Laurie Maxson, R.N. CI  [not dated]

A-3.  Copy of letter from Christine N. Hinko, Ph.D.  [07-14-04]

A-4.  Copy of Drug Screen Reports  [11-19-03 to 06-21-04]

A-5.  Copy of Support Group Attendance Records  [12-15-03 to 07-23-04]

A-6.  Copy of Letter of Support  [07-26-04]

A-7.  Copy of Letters of Recommendation  [07-20-04 and 07-26-04]

B.  Copy of Drug Screen Reports  [01-19-04 to 07-26-04]

 

DECISION OF THE BOARD

 

Pursuant to Section 4729.11 of the Ohio Revised Code, and after consideration of the record as a whole, the State Board of Pharmacy hereby approves the Application for Pharmacy Intern Regis­tra­tion submitted by Nathan John Goik.

 

Further, the Board places Nathan John Goik on probation for two years beginning on the effective date of this Order.  The terms of probation are as follows:

 

(A)  Nathan John Goik must continue compliance with his current P.R.O. treatment contract or establish a new 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 the same length of time and with the same provisions.  Nathan John Goik must submit a copy of the new contract to the Board office immediately after signing.

 

(B)  Nathan John Goik must abide by the contract from the treatment provider and any vio­lation must be reported to the Board immediately.

 

(C)  Nathan John Goik must not violate the drug laws of the State of Ohio, any other state, or the federal government.

 

(D)  Nathan John Goik must abide by the rules of the State Board of Pharmacy.

 

(E)  Nathan John Goik must comply with the terms of this Order.

 

(F)  Nathan John Goik's license is deemed not in good standing until suc­cess­ful com­ple­tion of the probationary period.

 

(G)  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.

 

Nathan John Goik 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 Mrs. Teater and approved by the Board (Aye-8/Nay-0).

 

R-2005-020    Mr. Braylock moved that the Board adopt the following Order in the matter of Jeffrey Allen Iserman, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-040205-057)

 

In The Matter Of:

 

JEFFREY ALLEN ISERMAN, R.Ph.

746 Whisperlake Road

Holland, Ohio 43528

(R.Ph. No. 03-1-22210)

 

INTRODUCTION

 

THE MATTER OF JEFFREY ALLEN ISERMAN CAME FOR HEARING ON AUGUST 3, 2004, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: LAWRENCE J. KOST, R.Ph.; (presiding); GREGORY BRAYLOCK, R.Ph.; SUZANNE R. EASTMAN, R.Ph.; ROBERT P. GIACALONE, 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.

 

JEFFREY ALLEN ISERMAN WAS REPRESENTED BY MARY BARLEY-MCBRIDE AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

SUMMARY OF EVIDENCE

State’s Witnesses

 

1.  Joseph Reichert, R.Ph., Ohio State Board of Pharmacy

 

Respondent's Witnesses

 

1.  Jeffrey Allen Iserman, R.Ph., Respondent

2.  Michael Kitz, R.Ph.

 

State's Exhibits

 

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

1A-1D.  Procedurals

2.  Rx #6676621  [10-02-03]

3.  Copy of Rx #6676621 Patient Receipt Form  [10-02-03]

4.  Notarized  Statement of Jeffrey A. Iserman  [12-04-03]

 

Respondent's Exhibits

 

A.  Copy of Columbus KMA Management Salary Review Sheet of Jeffrey Iserman  [06-01-00]

B.  Copy of Kroger Performance Evaluation of Jeff Iserman  [06-21-01]

C.  Copy of Kroger Performance Evaluation of Jeff Iserman  [not dated]

D.  Copy of Kroger Pharmacist Performance Evaluation of Jeff Iserman  [02-28-04]

E.  Copy of Customer Appreciation Note  [not dated]

F.  Copy of Customer Appreciation Note  [08/22/03]

 

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 Jeffrey Allen Iserman was ori­ginally licensed by the State of Ohio as a pharmacist on August 13, 1997, pursuant to examination, and is currently licensed to practice pharmacy in Ohio.  Records fur­ther reflect that during the relevant time periods stated herein, Jeffrey Allen Iserman was the Responsible Pharmacist at Kroger Pharmacy N-895, 7545 Sylvania Avenue, Sylvania, 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)  Jeffrey Allen Iserman did, on or about October 2, 2003, misbrand a drug, to wit: when Jeffrey Allen Iserman received a prescription for digoxin 0.25 mg for a chemo­therapy patient, he misinterpreted Rx #6676621, and dispensed the drug with the wrong direc­tions for use, rendering the drug dangerous to health when used in the dosage or fre­quency or duration as stated on the labeling.  The patient was subse­quently hos­pi­tal­ized due to the toxic levels from the drug overdose.  Such con­duct is in violation of Sec­tion 3715.52(A)(2) of the Ohio Revised Code (relating to Sec­tion 3715.64(A)(11) of the Ohio Revised Code.

 

(3)  Jeffrey Allen Iserman did, on or about October 2, 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 #6676621, Jeffrey Allen Iserman did not indicate the directions for use of the drug as was prescribed by the physician.  Such conduct is in violation of Rule 4729-5-16 of the Ohio Administra­tive Code.

 

(4)  Jeffrey Allen Iserman did, on or about October 2, 2003, fail to perform pro­spective drug utili­zation review, to wit: when dispensing medications to a patient pursuant to Rx #6676621, Jeffrey Allen Iserman failed to review the original pre­scription for over-utilization, incorrect drug dosage and duration of drug treatment, and misuse in accor­dance with the mandates set forth in Rule 4729-5-20(C) of the Ohio Administrative Code and Section 4729.01(B) of the Ohio Revised Code.  Though Jeffrey Allen Iserman ques­tioned the dosage level, he spoke to the patient's daughter to satisfy himself of the dosing rather than speak to the physician or check any other reference material.  Such conduct is in violation of Rules 4729-5-20 of the Ohio Administrative Code.

 

CONCLUSIONS OF LAW

 

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

 

(2)  The State Board of Pharmacy concludes that paragraphs (2) through (4) of the Findings of Fact constitutes willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of any of the provisions of Chapter 3715. of the Revised Code and rules adopted by the Board.

 

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 hereby adjudicates the matter of Jeffrey Allen Iser­man as follows:

 

(A)  On the basis of the Findings of Fact and Conclusions of Law set forth above, the State Board of Pharmacy hereby imposes a monetary penalty of one thousand two hun­dred fifty dol­lars ($1,250.00) on Jeffrey Allen Iserman and pay­ment of the monetary penalty is due and owing within thirty days of the mailing of this Order.  The remit­tance 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.

 

(B)  On the basis of the Findings of Fact and Conclusions of Law set forth above, the State Board of Pharmacy hereby places Jeffrey Allen Iserman on pro­bation for one year from the effective date of this Order with the following condi­tions:

 

(1)  Jeffrey Allen Iserman must obtain, within ninety days from the effective date of this Order, three hours of approved continuing phar­macy education (0.3 CEUs) on Narrow Therapeutic Index Drugs, which may not also be used for license renewal.  If proof of successful com­pletion is not submitted to the Board office before the end of the pro­bation period, Jeffrey Allen Iser­man will remain on probation until this condition is achieved.

 

(2)  Jeffrey Allen Iserman's license is deemed not in good standing until suc­cess­ful com­ple­tion of the probationary period.

 

(3)  Jeffrey Allen Iserman must not violate the drug laws of Ohio, any other state, or the federal government.

 

(4)  Jeffrey Allen Iserman must abide by the rules of the State Board of Phar­macy.

 

(5)  Jeffrey Allen Iserman must comply with the terms of this Order.

 

(6)  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.

 

Jeffrey Allen Iserman 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. Mitchell and approved by the Board (Aye-8/Nay-0).

 

R-2005-021    Mr. Braylock moved that the Board adopt the following Order in the matter of Matthew P. Bodnar, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-030825-004)

 

In The Matter Of:

 

MATTHEW P. BODNAR, R.Ph.

634 Henry Street

Toronto, Ohio 43964

(R.Ph. No. 03-2-24736)

 

INTRODUCTION

 

THE MATTER OF MATTHEW P. BODNAR CAME FOR HEARING ON TUESDAY, AUGUST 3, 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.

 

MATTHEW P. BODNAR WAS REPRESENTED BY THOMAS R. STRAUS AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

 

SUMMARY OF EVIDENCE

State’s Witnesses

 

1.  Louis Robert Mandi, R.Ph., Ohio State Board of Pharmacy

2.  William F. Smith, R.Ph., East Liverpool City Hospital

 

Respondent's Witnesses

 

1.  Linda Bodnar

2.  Caryn Bodnar

3.  Matthew P. Bodnar, R.Ph., Respondent

 

State's Exhibits

 

1.  Copy of Summary Suspension Order/Notice of Opportunity For Hearing letter  [08-25-03]

1A-1H.  Procedurals

1I.  Copy of Addendum Notice  [05-27-04]

2.  Copy of East Liverpool Police Department Evidence/Property Custody Report #2384  [08-08-03]

3.  Copy of East Liverpool Police Department Tow-In Report ID #2686  [08-08-03]

4.  Four photographs of money and drugs  [not dated]

5.  Copy of Bureau of Criminal Identification and Investigation Laboratory Report #03-61001  [10-14-03]

6.  Cardinal Health Perpetual Controlled Drug Inventory Record for OxyContin 40 mg  [07-03-03 to 08-03-03]; copy of letter from Clifford L. Comm, R.Ph.  [03-12-04]

7.  Copy of Inventory Report  [07-29-03 to 08-08-03]

8.  Indictment, State of Ohio vs. Matthew P. Bodnar, Case No. 2003-CR-306, Columbiana County Common Pleas Court  [10-31-03]; Judgment Entry  [05-18-04]

 

Respondent's Exhibits

 

A.  Judgment Entry, State of Ohio vs. Matthew P. Bodnar, Case No. 2003-CR-306, Columbiana County Common Pleas Court  [05-18-04]

B.  Copy of Trinity Health System Discharge Instructions  [10-01-03]

C.  Copy of Drug Screen Reports  [02-04-04 to 04-08-04]

D.  Support Group Attendance Records  [07-22-03 to 04-28-04]

E.  Copy of twenty-six letters of support and character reference  [01-30-04 to 07-26-04]

 

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 Matthew P. Bodnar was ori­ginally licensed by the State of Ohio as a pharmacist on November 27, 2001, pur­suant to examination, and that his license to practice pharmacy in Ohio was sum­marily sus­pended effective August 25, 2003.

 

(2)  Matthew P. Bodnar did, on or about August 8, 2003, knowingly possess or use a controlled substance when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Matthew P. Bodnar possessed, in various dosage forms, 560 mg of oxycodone, a Schedule II controlled substance, out­side the confines of a pharmacy and without a valid prescription.  Such conduct is in violation of Section 2925.11 of the Ohio Revised Code.

 

(3)  Matthew P. Bodnar did, on or about August 8, 2003, knowingly possess or use a controlled substance when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: Matthew P. Bodnar possessed twenty-six tablets of alprazolam 0.5 mg, a Schedule IV controlled substance, out­side the confines of a pharmacy and without a valid prescription.  Such conduct is in viola­tion of Section 2925.11 of the Ohio Revised Code.

 

(4)  Matthew P. Bodnar did, on or about August 8, 2003, with purpose to deprive, know­ingly obtain or exert control over dangerous drugs, the property of East Liverpool City Hos­pital, beyond the express or implied consent of the owner, to wit: Matthew P. Bodnar stole eight OxyContin 40 mg tablets, a Schedule II controlled substance.  Such conduct is in viola­tion of Section 2913.02 of the Ohio Revised Code.

 

(5)  Matthew P. Bodnar did, on or about August 7, 2003, with purpose to deprive, know­ingly obtain or exert control over dangerous drugs, the property of East Liverpool City Hos­pital, beyond the express or implied consent of the owner, to wit: Matthew P. Bodnar stole seventeen OxyContin 40 mg tablets and twenty OxyContin 20 mg tablets, a Schedule II controlled substance.  Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

 

(6)  Matthew P. Bodnar did, on or about August 6, 2003, with purpose to deprive, know­ingly obtain or exert control over dangerous drugs, the property of East Liverpool City Hos­pital, beyond the express or implied consent of the owner, to wit: Matthew P. Bodnar stole six OxyContin 40 mg tablets, a Schedule II controlled sub­stance.  Such conduct is in viola­tion of Section 2913.02 of the Ohio Revised Code.

 

(7)  Matthew P. Bodnar did, on or about August 5, 2003, with purpose to deprive, know­ingly obtain or exert control over dangerous drugs, the property of East Liverpool City Hos­pital, beyond the express or implied consent of the owner, to wit: Matthew P. Bodnar stole five OxyContin 40 mg tablets and sixteen OxyContin 20 mg tablets, a Schedule II controlled substance.  Such conduct is in violation of Sec­tion 2913.02 of the Ohio Revised Code.

 

(8)  Matthew P. Bodnar did, on or about August 2, 2003, with purpose to deprive, know­ingly obtain or exert control over dangerous drugs, the property of East Liverpool City Hos­pital, beyond the express or implied consent of the owner, to wit: Matthew P. Bodnar stole nine OxyContin 40 mg tablets, a Schedule II controlled sub­stance.  Such conduct is in viola­tion of Section 2913.02 of the Ohio Revised Code.

 

(9)  Matthew P. Bodnar did, on or about July 24, 2003, with purpose to deprive, know­ingly obtain or exert control over dangerous drugs, the property of East Liverpool City Hospital, beyond the express or implied consent of the owner, to wit: Matthew P. Bodnar stole fifty OxyContin 40 mg tablets, a Schedule II controlled sub­stance.  Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

 

(10)  Matthew P. Bodnar did, on or about July 3, 2003, with purpose to deprive, know­ingly obtain or exert control over dangerous drugs, the property of East Liverpool City Hospital, beyond the express or implied consent of the owner, to wit: Matthew P. Bodnar stole thirteen OxyContin 40 mg tablets, a Schedule II controlled substance.  Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

 

(11)  Matthew P. Bodnar did, on or about August 7, 2003, knowingly make a false state­ment in a record required by Chapter 3719. of the Ohio Revised Code when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Re­vised Code, to wit: Matthew P. Bodnar wrote false information in controlled sub­stance (OxyContin 40 mg) inventory records, line 8, so as to steal the drugs.  Such conduct is in violation of Section 2925.23 of the Ohio Revised Code.

 

(12)  Matthew P. Bodnar did, on or about July 3, 2003, knowing that an official in­ves­ti­ga­tion was likely to be instituted, alter, conceal, or remove records and/or documents with pur­pose to impair their availability as evidence in such investiga­tion, to wit: to cover for his thefts of controlled substances, with an investigation by the Board of Pharmacy immi­nent, Matthew P. Bodnar concealed and/or removed perpetual inventory records from East Liver­pool City Hospital.  Such conduct is in violation of Section 2921.12 of the Ohio Revised Code.

 

(13)  Matthew P. Bodnar is abusing drugs to such a degree as to render him unfit to prac­tice pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code, to wit: Matthew P. Bodnar has admitted to Board agents that he stole drugs, consumed drugs be­fore and during his shifts as a practicing pharmacist, and that he altered phar­macy records to conceal his thefts and abuse of the drugs.

 

(14)  Matthew P. Bodnar did, on or about May 14, 2004, plead guilty in State of Ohio vs. Matthew P. Bodnar, Case No. 2003-CR-0306, Columbiana County Common Pleas Court, to one (1) count of Possession of Drugs, a felony of the third degree under Sec­tion 2925.11(A) of the Ohio Revised Code, and one (1) count of Illegal Processing Of A Drug Document, a felony of the fourth degree under Section 2925.23(A) of the Ohio Revised Code.  Matthew P. Bodnar also pled guilty to seven (7) counts of Theft of Dan­gerous Drugs, felonies of the fourth degree under Section 2913.02(A)(2) of the Ohio Revised Code.  Such conviction indi­cates that Matthew P. Bodnar is guilty of a felony or gross immorality within the mean­ing of Section 4729.16 of the Ohio Revised Code.

 

(15)  Matthew P. Bodnar did, on or about May 14, 2004, plead guilty in State of Ohio vs. Matthew P. Bodnar, Case No. 2003-CR-0306, Columbiana County Common Pleas Court, to one (1) count of Possession of Drug Abuse Instruments, a misdemeanor of the second de­gree under Section 2925.12(A) of the Ohio Revised Code.  Such con­vic­tion indicates that Matthew P. Bodnar is guilty of gross immorality within the meaning of Section 4729.16 of the Ohio Revised Code.

 

CONCLUSIONS OF LAW

 

(1)  The State Board of Pharmacy concludes that paragraphs (2) through (12) and (14) of the Find­ings of Fact constitute being guilty of a felony and 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 (12) 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 (13) 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 paragraph (15) of the Findings of Fact constitutes 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 (2), (3), and (11) of the Find­ings of Fact constitute being guilty of willfully violating, conspiring to vio­late, attempt­ing to violate, or aiding and abetting the violation of provisions of Chapter 2925. 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 Matthew P. Bodnar  on August 25, 2003.

 

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. 03-2-24736, held by Matthew P. Bodnar and such suspension is effective as of the date of the mailing of this Order.

 

(A)  Matthew P. Bodnar, 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.

 

(B)  Matthew P. Bodnar, pursuant to Section 4729.16(B) of the Ohio Revised Code, must return his identification card and license (wall certificate) to the office of the State Board of Pharmacy within ten days after receipt of this Order unless the Board office is already in possession of both.  The identification card and wall certificate should be sent by certified mail, return receipt requested.

 

Further, after one year from the effective date of this Order, the Board will consider any peti­tion filed by Matthew P. Bodnar for a hearing, pursuant to Ohio Revised Code Chapter 119., for reinstatement.  The Board will only consider reinstatement of the license to practice phar­macy in Ohio if the following conditions have been met:

 

(A)  Matthew P. Bodnar must enter into a new 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, upon signing, mail a copy of the contract to the Board office.  The contract must provide that:

 

(1)  Random, observed urine drug screens shall be conducted at least once each month.

 

(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)  Alprazolam and OxyContin must be added to the standard urine drug screen.

 

(c)  Results of all drug screens must be negative.  Refusal of a drug screen or a diluted drug screen is equivalent to a positive result.  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.

 

(2)  Attendance is required a minimum of three times per week at an Alco­holics Anonymous, Narcotics Anonymous, and/or similar support group meeting.

 

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

 

(B)  Matthew P. Bodnar must demonstrate satisfactory proof to the Board that he is no longer addicted to or abusing drugs or impaired physically or mentally to such a de­gree as to render him unfit to practice pharmacy.

 

(C)  Matthew P. Bodnar must provide, at the reinstatement petition hearing, docu­men­tation of the following:

 

(1)  Compliance with terms of the Columbiana County Common Pleas Court Judg­ment;

 

(2)  Compliance with the contract required above (e.g.-proof of giving the sam­ple within twelve hours of notification and copies of all drug screen reports, meeting attendance records, treatment program reports, etc.);

 

(3)  Compliance with the continuing pharmacy education requirements set forth in Chapter 4729-7 of the Ohio Administrative Code as applicable and in effect on the date of petitioning the Board for reinstatement;

 

(4)  Compliance with the terms of this Order.

 

(D)  If reinstatement is not accomplished within three years of the effective date of this Order, Matthew P. Bodnar must also show successful completion of the NAPLEX exami­na­tion or an equivalent examination approved by the Board.

 

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

MOTION CARRIED.

SO ORDERED.

 

The motion was seconded by Mr. Turner and approved by the Board (Aye-7/Nay-0/­Abstain-1[Giacalone]).

 

R-2005-022    Mr. McMillen presented a request for approval as a provider of continuing pharmacy education (CPE) from the Miami Valley Area Asthma Coalition/Dayton.  After discussion, Mrs. Gregg moved that the Board approve the Miami Valley Area Asthma Coalition as an in-state provider of CPE.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

 

R-2005-023    The Board next considered a CPE program submitted for Board-approved Jurisprudence credit.  The program dealt with the new federal bar code regulations.  After discussion, Mrs. Gregg moved that the program not be approved for Jurisprudence credit as it was currently written, but that the Board would reconsider it if the program were revised to include more information pertinent to the actual practice of pharmacy.  The motion was seconded by Mr. Turner and approved by the Board (Aye-8/Nay-0).

 

R-2005-024    Mr. McMillen then presented a request from Pharmacy Intern Matt Gildea requesting Board approval to renew his Pharmacy Intern identification card for one additional year.  After discussion, Ms. Eastman moved that the Board grant the request with the stipu­lation that the approval was for a one-year extension only.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

 

R-2005-025    Mr. McMillen next presented a request from Mohammed Shaltaf, R.Ph. for an extension of time to appear before the Board pursuant to his reciprocity application.  Due to continu­ing problems with an entry visa, Mr. Shaltaf will be unable to appear before reaching the six month limit on his reciprocity application.  After discussion, Ms. Eastman moved that the Board grant a continuance of his application until the October, 2004 Reciprocity Hearing.  The motion was seconded by Mr. Giacalone and approved by the Board (Aye-8/­Nay-0).

 

R-2005-026    Mr. Keeley presented a request from Joseph T. Moss, Jr., Pharm.D., for Board approval to continue serving as Responsible Person at UHHS Bedford Medical Center (02-0774350) and UHHS Richmond Heights Hospital (02-1214650) for an additional 120 days.  The Board’s previous approval expired before a new Responsible Person could be found for UHHS Richmond Heights Hospital.  After discussion, Mrs. Gregg moved that the Board extend the approval for an addi­tional 120 days.  The motion was seconded by Mr. Turner and approved by the Board (Aye-8/­Nay-0).

  5:39 p.m.

Mrs. Gregg moved that the Board receive Per Diem as follows:

 

PER DIEM

7/22

8/2

8/3

Total

Braylock

-

1

1

2

Eastman

-

1

1

2

Giacalone

-

1

1

2

Gregg

-

1

1

2

Kost

-

1

1

2

Lipsyc

-

1

1

2

Mitchell

-

1

1

2

Teater

1

1

1

3

Turner

-

1

1

2

 

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

  5:40 p.m.

Mrs. Gregg moved that the meeting be adjourned.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

 

 

THE BOARD APPROVED THESE MINUTES

SEPTEMBER 14, 2004