RECORD OF THE PROCEEDINGS -- NOVEMBER 8, 9, 10, 2004

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 8, 9, 10, 2004

MONDAY, NOVEMBER 8, 2004

9:40 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.

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.

9:42 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. Turner 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.

10:50 a.m.

R-2005-074 The Executive Session ended and the meeting was opened to the public. Mr. Giacalone moved that the Board accept the settlement offer that was presented in the matter of Richard Sweet. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-5/Nay-3).

R-2005-075 Mr. Giacalone then moved that the Board grant the request to continue the hearing in the matter of Daniel Lee Deem, R.Ph. to a later date. The motion was seconded by Mr. Lipsyc and approved by the Board (Aye-5/Nay-2/Abstain-1[Mitchell]).

R-2005-076 As a result of a discussion of issues and correspondence relating to Donald Robert Sutton’s history of compliance with the required elements of his Board Order (Docket No. D-991007-027), Mr. Braylock moved that the Board confirm the Order issued in this matter and that the Board also confirm the correspondence issued by Mr. Rowland containing the interpretation that Mr. Sutton has failed to comply with the terms of that Order. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

10:56 a.m.

The Board took a brief recess.

11:20 a.m.

R-2005-077 The meeting resumed. The Board discussed a proposal for an Electronic Medical Record Authentication Strategy to be used in a Computerized Physician Order Entry (CPOE) system with representatives from Mercy Health Partners in Northwest Ohio. After discussion, Mr. Braylock moved that the Board consider the proposal to be approvable pending inspection of the installed product. The motion was seconded by Mr. Turner and approved by the Board (Aye-8/Nay-0).

11:51 a.m.

The Board recessed for lunch.

1:00 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:

The Board was joined by Attorney David Grauer on behalf of CVS pharmacies, and representatives from Rite Aid and the Ohio Hospital Association (OHA) for a discussion of their concerns.

2:00 p.m.

The meeting with Mr. Grauer, Rite Aid, and OHA ended. The Board took a brief recess.

2:15 p.m.

The meeting resumed. Mr. Winsley distributed copies of a press release from Attorney General Jim Petro wherein he proposed a reorganization of State government. After discussion, it was determined that no official action by the Board would be needed at this time.

Mr. Winsley then distributed a letter from the Accreditation Council for Pharmacy Education (ACPE) requesting that a Board member attend the ACPE accreditation visit to the Toledo University College of Pharmacy scheduled for April 12-14, 2005. The matter was tabled to allow Board members to review their schedules to see if anyone would be available on those dates.

Mr. McMillen presented his Licensing Report to the Board.

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

2:29 p.m.

The Board took a brief recess.

2:38 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 Batavia Pharmacy c/o Michael Krusling, R.Ph., Bethel.

3:24 p.m.

The hearing ended and the record was closed.

3:25 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 and for the purpose of discussing the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official pursuant to Section 121.22(G)(1) of the Revised Code. The motion was seconded by Mr. Lipsyc 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.

4:38 p.m.

R-2005-078 The Executive Session ended and the meeting was opened to the public. Mr. Turner moved that the Board adopt the following Order in the matter of Batavia Pharmacy c/o Michael Krusling, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-041015-032)

In The Matter Of:

BATAVIA PHARMACY

c/o Michael Robert Krusling, R.Ph.

2360 Bethel New Richmond Road

Bethel, Ohio 45106

INTRODUCTION

THE MATTER OF BATAVIA PHARMACY CAME FOR HEARING ON NOVEMBER 8, 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.

BATAVIA PHARMACY WAS REPRESENTED BY JAMES LINDON 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. Michael Krusling, R.Ph., Respondent

State's Exhibits

1. Proposal to Deny/Notice of Opportunity For Hearing letter [10-15-04]

1A-1C. Procedurals

2. Application for Registration As A Distributor of Dangerous Drugs for Batavia Pharmacy [07-08-04]

3. Application for Registration As A Terminal Distributor of Dangerous Drugs for McMilian Pharmacy [09-12-82]

4. State Board of Pharmacy Order in re Michael R. Krusling, R.Ph. & McMilian Pharmacy [01-18-83]

5. Notice of Opportunity for Hearing letter [05-17-84]

6. State Board of Pharmacy Order in re Michael R. Krusling, R.Ph. [10-24-84]

7. Indictment, State of Ohio vs. Michael Krusling, Case No. 83-CR-5412, Clermont County Common Pleas Court [02-01-84]

8. Judgment and Sentencing Entry [08-06-85]

9. Entry Terminating Probation [07-28-87]

10. Resume of Michael R. Krusling [not dated]

Respondent's Exhibits

A.-D. Four letters of support [11-02-04 to 11-03-04]

FINDINGS OF FACT

After having heard the testimony, observed the demeanor of the witness, considered the evidence, and weighed the credibility of each, the State Board of Pharmacy finds the following to be fact:

(1) Michael Robert Krusling, as owner and responsible pharmacist, submitted on or about July 8, 2004, an Application for Registration as a Terminal Distributor of Dangerous Drugs for Batavia Pharmacy.

(2) Michael Robert Krusling, as president and responsible pharmacist, submitted on or about September 12, 1982, an Application for Registration as a Terminal Distributor of Dangerous Drugs for McMilian Pharmacy.

(a) Michael Robert Krusling was notified by letter on October 14, 1982, of the Board’s proposal to deny his application due to Mr. Krusling's convictions under Kentucky’s Controlled Substance Act on November 12, 1974.

(b) Michael Robert Krusling did not respond in any manner to the letter of October 14, 1982. The Board found the allegations in the letter of October 14, 1982 to be fact and issued its Order in the matter of Michael Robert Krusling on January 18, 1983, denying Michael Robert Krusling's application.

(3) The State Board of Pharmacy issued a Notice of Opportunity For A Hearing on May 17, 1984, to Michael Robert Krusling to respond to the allegations listed therein and whether or not the Board should take action against his pharmacist identification card to practice pharmacy in Ohio. After notice and hearing, the Board found the following to be fact:

(a) Michael Robert Krusling was found guilty of violating Kentucky Revised Statute Section 218 A 210, the offense of Possessing Controlled Substances In Improper Containers, by the Bracken County Court on November 12, 1974, and fined two hundred fifty dollars ($250.00).

(b) Michael Robert Krusling was found guilty of violating the Kentucky Controlled Substance Act by growing marijuana, the offense of Trafficking In Marijuana, by the Bracken County Court on November 12, 1974, and fined five hundred dollars ($500.00).

(c) Michael Robert Krusling did intentionally make and knowingly possess false or forged prescriptions in violation of Section 2925.23 of the Revised Code.

(d) Michael Robert Krusling did, on one or more occasions between December 27, 1982, and November 29, 1983, at SupeRx Drugs, Milford Shopping Center, 981 Lila Avenue, Milford, Ohio 45150, dispense dangerous drugs without a valid prescription given by a practitioner in violation of Section 3715.52(L) of the Revised Code.

(e) Michael Robert Krusling did, on one or more occasions between August 10, 1983, and November 17, 1983, at SupeRx Drugs, Milford Shopping Center, 981 Lila Avenue, Milford, Ohio 45150, knowingly make a false statement on prescriptions required by Chapter 3719. of the Revised Code; in that, the address for eight different individuals was recorded as “9 Podute”, in violation of Section 2925.23(A) of the Revised Code.

The Board issued its Order on October 24, 1984, in the matter of Michael Robert Krusling, R.Ph. No. 03-1-10023. The Board concluded that Michael Robert Krusling was guilty of violating Chapters 2925., 3715., and 3719. of the Ohio Revised Code and fined Mr. Krusling one hundred dollars ($100.00) and required him to take and pass a Jurisprudence examination.

(4) Michael Robert Krusling pled guilty on August 6, 1985, in the Clermont County Common Pleas Court to Deception to Obtain a Dangerous Drug in violation of Section 2925.22(A) of the Ohio Revised Code and was placed on probation for two years. Michael Robert Krusling was discharged from probation by the Clermont County Common Pleas Court on July 28, 1987.

DECISION OF THE BOARD

Pursuant to Sections 3719.03 and 4729.55 of the Ohio Revised Code, and after consideration of the record as a whole, the State Board of Pharmacy hereby approves, for immediate processing, the Application for Registration as a Terminal Distributor of Dangerous Drugs submitted on or about July 8, 2004, by Michael Robert Krusling for Batavia Pharmacy.

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-7/Nay-1).

4:40 p.m.

The Board meeting was recessed until Tuesday, November 9, 2004.

TUESDAY, NOVEMBER 9, 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); Robert P. Giacalone, R.Ph.; Elizabeth I. Gregg, R.Ph.; Kevin J. Mitchell, R.Ph.; and James E. Turner, R.Ph.

R-2005-079 The Board considered a request for a continuance of an exemption to Ohio Administrative Code (OAC) Rule 4729-5-11 received from Joseph T. Moss, Jr., Pharm.D. asking that he be allowed to continue to serve as Responsible Pharmacist at the following two locations:

UHHS Bedford Medical Center (02-0774350)

UHHS Richmond Heights Hospital (02-1214650)

After discussion, Mrs. Gregg moved that the Board continue the exemption to OAC Rule 4729-5-11 in this case until December 31, 2004. The motion was seconded by Mr. Turner and approved by the Board (Aye-5/Nay-0).

8:09 a.m.

Mr. Braylock arrived and joined the meeting in progress.

R-2005-080 The Board then considered a request for a continuance of an exemption to OAC Rule 4729-5-11 received from Richard Adams, R.Ph. asking that he be allowed to continue to serve as Responsible Pharmacist at the following two locations:

Harrison Community Hospital (02-0034450)

Health Connection Pharmacy (02-0560300)

After discussion, Mrs. Gregg moved that the Board continue the exemption to OAC Rule 4729-5-11 in this case for one year. The motion was seconded by Mr. Giacalone and approved by the Board (Aye-6/Nay-0).

R-2005-081 The Board next considered a request for an exemption from OAC Rule 4729-5-10 (Pick-up station) received from the following sites:

Specialty Hospital of Lorain (02-1187550)

Central Admixture Pharmacy Services (02-1312700)

After discussion, Mr. Braylock moved that the Board approve the request. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-6/Nay-0).

R-2005-082 Mr. Keeley presented a request for Board approval of an electronic prescribing system from InteGreat Electronic Prescribing. After discussion, Mr. Braylock moved that the Board find the InteGreat system approvable pending final inspection of the installed product. The motion was seconded by Mr. Mitchell and approved by the Board (Aye-6/Nay-0).

R-2005-083 The Board then considered a request for an exemption to OAC Rule 4729-5-11 received from Michael Sreshta, R.Ph. asking that he be allowed to serve as Responsible Pharmacist at the following two locations for a short time:

Hough Norwood Health Center (02-0263650)

Collinwood Health Center (02-0438450)

After discussion, Mr. Mitchell moved that the Board grant the requested exemption to OAC Rule 4729-5-11 until January 31, 2005. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-6/Nay-0).

Mr. Keeley discussed his Financial Report with the Board.

8:23 a.m.

Mrs. Teater arrived and joined the meeting in progress.

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

R-2005-084 The Board then continued the discussion about the ACPE accreditation visit to Toledo University College of Pharmacy. Based on the discussion and the availability of the Board members, President Kost appointed Mr. Mitchell to be the Board’s representative on that visit.

8:50 a.m.

The Board took a brief recess.

9:08 a.m.

10:45 a.m.

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

11:10 a.m.

12:12 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.; Kevin J. Mitchell, R.Ph.; Dorothy S. Teater, Public Member; and James E. Turner, R.Ph.

R-2005-085 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.

ELDAN A. ARCHER	03-2-26571	NEBRASKA
JOSEPH HERNDON BANE	03-2-26570	KENTUCKY
GAYNELL LEE BLUMENSCHEIN	03-2-26568	MICHIGAN
JUSTIN DANIEL HAWKS	03-2-26565	KENTUCKY
JOHNCIE RENAE HUNTER	03-2-26568	MARYLAND
RENUKA SHAFQAT	03-2-26560	NEW JERSEY
SHARON L. UBER	03-2-26566	PENNSYLVANIA

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 James W. Smetana, R.Ph., West Milton.

3:01 p.m.

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

3:11 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, Mitchell-Yes, Teater-Yes, and Turner-Yes.

4:00 p.m.

R-2005-086 The Executive Session ended and the meeting was opened to the public. Mr. Braylock moved that the Board adopt the following Order in the matter of James W. Smetana, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-040203-055)

In The Matter Of:

JAMES W. SMETANA, R.Ph.

9481 Orchard Drive

Russells Point, Ohio 43348

(R.Ph. No. 03-3-11602)

INTRODUCTION

THE MATTER OF JAMES W. SMETANA CAME FOR HEARING ON NOVEMBER 9, 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.; KEVIN J. MITCHELL, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

JAMES W. SMETANA WAS NOT REPRESENTED BY COUNSEL 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. James W. Smetana, R.Ph., Respondent

State's Exhibits

1. Reinstatement Hearing Request letter from James W. Smetana [01-28-04]

1A-1C. Procedurals

2. State Board of Pharmacy Order in re James W. Smetana, R.Ph. [10-16-03]

2A. State Board of Pharmacy Order in re James W. Smetana, R.Ph. [11-07-01]

2B. State Board of Pharmacy Order in re James W. Smetana, R.Ph. [09-09-99]

3. State Board of Pharmacy Order in re James W. Smetana, R.Ph. [10-30-95]

4. Copy of Controlled Drug Inventory Records for Cocaine Flakes at Children's Medical Center, Dayton [11-08-93 to 07-18-95]

5. Copy of Pharmacy Service Manufacturing Control Records for TAC Topical Solution [03-04-95 to 06-23-95]

6. Prepackaged Pharmaceutical Item Control Records for TAC Topical Solution [06-23-92 to 07-18-95]

7. Toxicology Associates, Inc. Laboratory Reports for Substance Identification and Quantification [07-05-95 to 07-17-95]

8. Summary Chart of Controlled Drug Inventory Logs, Manufacturing Records, and Prepackaged Pharmacy Item Control Records [07-18-94 to 07-18-95]

9. Children's Medical Center Pharmacy Department Policy and Procedure for Manufacturing TAC Topical Solution [revised 5/94]

10. Indictment, State of Ohio vs. James W. Smetana, Case No. 95-CR-3065, Montgomery County Common Plea Court [01-02-96]

11. Decision and Entry, Treatment in Lieu of Conviction [02-29-96]

12. Termination Entry [03-01-99]

13. Indictment, State of Ohio vs. James W. Smetana, Case No. 97-CR-1596, Montgomery County Common Pleas Court [11-10-97)

14. Entry of Waivers and Plea(s) on Indictment, Entry and Order [02-17-98]

15. Order of Probation [02-26-99]

16. Termination Entry - Community Control [04-06-98]

16A. Termination of Probation (Incomplete) [05-30-02]

17. Copy of Notarized Statement of Sheryl Vickers [10-06-99]

18. List of Credit Card Charges by James Smetana [04-96 to 06-97]

19. Copy of Notarized Statement of Sheryl Vickers [08-21-01]

20. In re: James W. Smetana, Case No. 99-32150, United States Bankruptcy Court, Southern District of Ohio, Western Division at Dayton [08-05-99]

21. Copy of letter from David W. Baker [10-15-97]

22. Restitution and Cost Documentation, Montgomery County Common Pleas Court [11-12-99 to 09-17-04]

Respondent's Exhibits

A. Hearing Schedule letter [02-04-04]; Reinstatement Hearing Request letter from James W. Smetana [01-28-04]

B. Recovery Progress letters from D. Scott Coffman, MSEd., LICDC [10-16-03 and 10-04-04]

C. Certificate of Appreciation [08-21-04]; Support Group Attendance Records [09-08-03 to 09-30-04]

CII. Support Group Attendance Records [10-01-04 to 11-06-04]

D. Continuing Pharmaceutical Education Credits and Certificates [09-12-03 to 10-11-04]

E. Drug Screen Reports [11-13-03 to 09-16-04]

EII. Drug Screen Report [10-22-04]

F. Letters of Support [10-02-04 to 10-15-04]

FII. Letters of Support [10-20-04 to 10-31-04]

G. Court Cost and Restitution Payment Documentation, Montgomery County Common Pleas Court [09-16-04]

GII. Court Cost and Restitution Payment Receipt No. 156016, Montgomery County Common Pleas Court [10-28-04]

FINDING OF FACT

After having heard the testimony, observed the demeanor of the witness, considered the evidence, and weighed the credibility of each, the State Board of Pharmacy finds that James W. Smetana has complied with the terms set forth in the Order of the State Board of Pharmacy, Docket No. D-990422-044, effective September 9, 1999.

DECISION OF THE BOARD

On the basis of the Finding of Fact set forth above, and after consideration of the record as a whole, the State Board of Pharmacy hereby approves the reinstatement of the pharmacist identification card, No. 03-3-11602, held by James W. Smetana to practice pharmacy in Ohio and places James W. Smetana on probation for five years beginning on the effective date of this Order, with the following conditions:

(A) James W. Smetana 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 submit a copy of the signed contract to the Board office with the renewal application. The contract must provide that:

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

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

(b) Results of all drug screens must be negative. Refusal of a urine screen or a diluted urine 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) The intervener/sponsor shall provide copies of all drug screen reports to the Board in a timely fashion.

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

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

(B) James W. Smetana must submit quarterly progress reports to the Board (due January 10, April 10, July 10, and October 10 of each year of probation) that include:

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

(2) A written description of James W. Smetana's progress towards recovery and what James W. Smetana has been doing during the previous three months.

(C) James W. Smetana must submit to the Board, within ninety days from the effective date of this Order, a payment plan for restitution that is acceptable to the Board. James W. Smetana must abide by this payment plan.

(D) James W. Smetana must notify the Montgomery County Child Support Enforcement Agency (CSEA) of the reinstatement of his pharmacist license, and shall keep the CSEA informed of his actual place of employment at all times. A copy of each notification must be sent to the Board office as proof of compliance.

(E) Other terms of probation are as follows:

(1) The State Board of Pharmacy hereby declares that James W. Smetana'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) James W. Smetana may not serve as a responsible pharmacist.

(3) James W. Smetana may not destroy, assist in, or witness the destruction of controlled substances.

(4) James W. Smetana must abide by the contract from the treatment provider and any violation must be reported to the Board immediately.

(5) James W. Smetana must not violate the drug laws of Ohio, any other state, or the federal government.

(6) James W. Smetana must abide by the rules of the State Board of Pharmacy.

(7) James W. Smetana must comply with the terms of this Order.

(F) 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.

James W. Smetana 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. Turner and approved by the Board (Aye-6/Nay-1).

R-2005-087 Mr. Braylock moved that the Board adopt the following Order in the matter of James Scott Crider, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-040107-050)

In The Matter Of:

JAMES SCOTT CRIDER, R.Ph.

217 Main Avenue, 2nd Floor

West Aliquippa, Pennsylvania 15001

(R.Ph. No. 03-3-23797)

INTRODUCTION

THE MATTER OF JAMES SCOTT CRIDER CAME FOR HEARING ON NOVEMBER 9, 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.; KEVIN J. MITCHELL, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

JAMES SCOTT CRIDER WAS REPRESENTED BY JAMES A. GAY AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

State’s Witnesses

1. Joann Predina, R.Ph., Ohio State Board of Pharmacy

Respondent's Witnesses

1. James Scott Crider, R.Ph., Respondent

State's Exhibits

1. Notice of Opportunity For Hearing letter [01-07-04]

1A-1B Procedurals

1C. Addendum Notice letter [04-30-04]

1D-1F. Procedurals

2. Notarized Statement of James Crider [11-24-03]

3. C.P.E. Report Form of James Crider [09-12-03]

4. Renewal Application for Pharmacist License of James Crider [09-12-03]

5. Notarized Statement of James Crider [03-22-04]

6. Notarized Statement of James Meditch, M.D. [04-20-04]

7. Rx #621087 [09-11-03]

8. Rx #9110077 [09-25-03] and Rx #625126 [10-19-03]

9. Store #3301 Customer Profile Display printout for James Crider [02-05-04 and 09-25-03]

10. Customer Pickup File report for Rx #625126 [10-19-03]

11. Customer Pickup File report for Rx #625126 [02-10-04]

12. State of Ohio vs. James Crider, Case No. CR-04-452087-ZA, Cuyahoga County Common Pleas Court Indictment [05-26-04]; Journal Entry [06-10-04]; and Journal Entry [10-14-04]

Respondent's Exhibits

A. Copy of Psychotherapy Summary for James Crider [not dated]

B. Criminal History Report for James Scott Crider [04-23-04]

C. Indictment, State of Ohio vs. James Crider, Case No. CR-04-452087-ZA, Cuyahoga County Common Pleas Court

D. Bill of Particulars [06-29-04]

E. Journal Entry [10-14-04]

F. Letter from Cuyahoga County Common Pleas Court Probation Officer LaToya Jones [10-29-04]

G. Court Community Service Agreement/Waiver of Liability of James Crider [11-03-04]

H. Cuyahoga County Pre-Trial Diversion Program Criteria for Acceptance [not dated]

I. Cuyahoga County Pre-Trial Diversion Program General Rules [not dated]

J. Copy of Cuyahoga County Case Docket Listing for Case Number CR-04-452087-ZA [06-10-04 to 10-19-04]

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 James Scott Crider was originally licensed by the State of Ohio as a pharmacist on August 3, 1999, pursuant to reciprocity, and that his license to practice pharmacy in Ohio is current.

(2) James Scott Crider did, on or about September 12, 2003, knowingly make a false statement to secure the issuance of his renewal identification card by the Ohio State Board of Pharmacy when the statement was in connection with a report required by law, to wit: James Scott Crider submitted his continuing pharmacy education report form with false information. Such conduct is in violation of Section 2921.13 of the Ohio Revised Code.

(3) James Scott Crider did, on or about September 12, 2003, fail to submit evidence for the required six C.E.U.s of approved continuing pharmacy education to secure the issuance of his renewal identification card by the Ohio State Board of Pharmacy, to wit: on his continuing pharmacy education report form to the Board, James Scott Crider failed to complete and submit the required number of continuing pharmacy education courses. Such conduct is in violation of Rule 4729-7-02 of the Ohio Administrative Code.

(4) James Scott Crider did, on or about September 11, 2003, intentionally make and/or knowingly possess a false or forged prescription, to wit: James Scott Crider created Rx #621087 for Propecia 1 mg, a dangerous drug, when not prescribed by a licensed prescriber. The prescription was later made inactive and then re-numbered and filed as Rx #9110077. Such conduct is in violation of Section 2925.23 of the Ohio Revised Code.

(5) James Scott Crider did, on or about October 19, 2003, intentionally make and/or knowingly possess a false or forged prescription, to wit: James Scott Crider pulled Rx #9110077 out of a hold file, and assigned it a new number, thereby creating Rx #625126 for Propecia 1 mg, a dangerous drug, when not prescribed by a licensed prescriber. James Scott Crider then dispensed the drugs to himself. Such conduct is in violation of Section 2925.23 of the Ohio Revised Code.

(6) James Scott Crider did, on or about February 5, 2004, intentionally make and/or knowingly possess a false or forged prescription, to wit: James Scott Crider refilled Rx #625126 for Propecia 1 mg, a dangerous drug, when not prescribed by a licensed prescriber. James Scott Crider then dispensed the drugs to himself, indicating on the prescription document that it was authorized when in fact it was not. Such conduct is in violation of Section 2925.23 of the Ohio Revised Code.

CONCLUSIONS OF LAW

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

(3) The State Board of Pharmacy concludes that paragraphs (3) through (6) 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 or a rule adopted by the Board as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

(4) The State Board of Pharmacy concludes that paragraph (2) of the Findings of Fact constitutes being guilty of committing fraud, misrepresentation, or deception in applying for or securing a license or identification card issued by the Board as provided in Division (A)(10) 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 hereby places James Scott Crider on probation for one year. The terms of probation are as follows:

(A) James Scott Crider must obtain, within ninety days after the effective date of this Order, a full psychiatric evaluation by a licensed psychiatrist or psychologist and must abide by the treatment plan as designed by that psychiatrist or psychologist. The psychiatrist or psychologist must provide an initial status report, which includes the recommended treatment plan, directly to the Board office within ten days after completing the assessment, and must also provide a final report at the end of probation or treatment, whichever comes first.

(B) The State Board of Pharmacy hereby declares that James Scott Crider'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.

(D) James Scott Crider must not violate the drug laws of Ohio, any other state, or the federal government.

(E) James Scott Crider must abide by the rules of the State Board of Pharmacy.

(F) James Scott Crider must comply with the terms of this Order.

(G) James Scott Crider's license is deemed to be not in good standing until successful completion of the probationary period.

(H) 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.

James Scott Crider 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. Gregg and approved by the Board (Aye-7/Nay-0).

R-2005-088 Mr. Braylock then moved that the Board adopt the following Order in the matter of David Ray Spence, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-040420-066)

In The Matter Of:

DAVID RAY SPENCE, R.Ph.

22072 Bolender Pontious Road

Circleville, Ohio 43113

(R.Ph. No. 03-2-16627)

INTRODUCTION

THE MATTER OF DAVID RAY SPENCE CAME FOR HEARING ON NOVEMBER 9, 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.; KEVIN J. MITCHELL, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

DAVID RAY SPENCE 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

1. Christopher K. Reed, Ohio State Board of Pharmacy

Respondent's Witnesses

1. David Ray Spence, R.Ph., Respondent

2. Annette Paige Spence, R.Ph.

3. Michael Saunders

4. Denise Weaver

State's Exhibits

1. Notice of Opportunity For Hearing letter [04-20-04]

1A. Amendment/Addendum Notice letter [04-29-04]

1B-1E. Procedurals

2. Notarized Statement of David R. Spence, R.Ph. [03-17-04]

3. Stock bottle containing 82.5 phentermine 37.5 mg tablets [not dated]

5. Stock bottle containing 64 Provigil 200 mg tablets [not dated]

6. Drug Accountability Statement at Wal-Mart Pharmacy 10-2666 for Provigil 200 mg tablets [03-30-04]

7. Plastic bag containing 2.5 phentermine 37.5 mg tablets and 2 Provigil 200 mg tablets [not dated]

Respondent's Exhibits

A1. PRO Pharmacist’s Recovery Contract for David Ray Spence [07-08-04]

A2. Treatment Summary letter from Edna Jones, M.D. [10-19-04]

A3. Three Treatment Compliance letters from Kerry Kennedy, MSW, LISW, CCDCIII [09-17-04 to 11-01-04]

A4. Parkside Behavioral Healthcare Medical Records for David R. Spence [06-01-04 to 10-15-04]

A5. Compass Vision, Inc. Drug Screen Report [10-20-04]; Licensee Summary Report [08-13-04 to 09-21-04]; LabCorp Drug Screen Reports [06-01-04 to 06-02-04]

A6. Support Group Attendance Records [06-15-04 to 10-20-04]

A7. Letters of Support [09-10-04 to 11-01-04]

B. Support Group Attendance Records [10-20-04 to 11-07-04]

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 David Ray Spence was originally licensed by the State of Ohio as a pharmacist on November 5, 1986, pursuant to examination, and is currently licensed to practice pharmacy in Ohio. Records further reflect that during the relevant time periods stated herein, David Ray Spence was the Responsible Pharmacist at Wal-Mart Pharmacy 10-5184, 6674 Winchester Boulevard, Canal Winchester, 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) David Ray Spence did, on or about March 12, 2004, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Wal-Mart Pharmacy 10-5184, beyond the express or implied consent of the owner, to wit: David Ray Spence admittedly stole a stock bottle containing phentermine HCL 37.5 mg. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(3) David Ray Spence did, on or about March 12, 2004, knowing that an investigation was likely to be instituted, alter a thing with purpose to impair its value or availability as evidence in such investigation, to wit: David Ray Spence disconnected two video surveillance cameras so that he would not be video taped stealing drugs. Such conduct is in violation of Section 2921.12 of the Ohio Revised Code.

(4) David Ray Spence was, on or about March 17, 2004, and dates preceding, 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: David Ray Spence stole and abused drugs because he "wanted to get a lift" to help him work long hours in the pharmacy.

(5) David Ray Spence did, on or about March 17, 2004, and during the preceding eighteen months, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of Wal-Mart Pharmacy 10-2666, beyond the express or implied consent of the owner, to wit: David Ray Spence admittedly stole four or five 100 count stock bottles containing Provigil 200 mg tablets. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(6) David Ray Spence did, on or about March 17, 2004, knowingly possess a controlled substance when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: David Ray Spence possessed 64 tablets of Provigil 200 mg in his vehicle, outside the confines of a pharmacy, and without having a valid prescription for the drug. Such conduct is in violation of Section 2925.11 of the Ohio Revised Code.

(7) David Ray Spence did, on or about March 17, 2004, knowingly possess a controlled substance when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: David Ray Spence possessed 82.5 tablets of phentermine HCL 37.5 mg in his residence, outside the confines of a pharmacy, and without having a valid prescription for the drug. Such conduct is in violation of Section 2925.11 of the Ohio Revised Code.

(8) David Ray Spence did, on or about March 17, 2004, knowingly possess a controlled substance when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: David Ray Spence possessed 2.5 tablets of phentermine/HCL 37.5 mg and 2 tablets of Provigil 200 mg in a clear plastic bag on his person, outside the confines of the pharmacy, and without having a valid prescription for the drugs. Such conduct is in violation of Section 2925.11 of the Ohio Revised Code.

CONCLUSIONS OF LAW

(1) The State Board of Pharmacy concludes that paragraphs (2) through (8) of the Findings of Fact constitute being guilty of gross immorality as provided in Division (A)(1) of Section 4729.16 of the Ohio Revised Code.

(2) The State Board of Pharmacy concludes that paragraphs (2) through (8) 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 (4) of the Findings of Fact constitutes being addicted to or abusing liquor or drugs and impaired physically or mentally to such a degree as to render him unfit to practice pharmacy as provided in Division (A)(3) of Section 4729.16 of the Ohio Revised Code.

(4) The State Board of Pharmacy concludes that paragraphs (6) through (8) 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 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 David Ray Spence as follows:

(A) On the basis of the Findings of Fact and the Conclusions of Law set forth above, the State Board of Pharmacy hereby suspends for six months the pharmacist identification card, No. 03-2-16627, held by David Ray Spence effective as of the date of the mailing of this Order.

(1) David Ray Spence, 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.

(2) David Ray Spence, 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.

(B) On the basis of the Findings of Fact and Conclusions of Law set forth above, the State Board of Pharmacy hereby places David Ray Spence on probation for five years effective upon reinstatement of his identification card. The terms of probation are as follows:

(1) David Ray Spence 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 six months and submit a copy of the signed contract to the Board office before his pharmacist identification card is issued. The contract must provide that:

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

(i) 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.

(ii) Phentermine and Provigil must be added to the standard urine drug screen and documentation provided to show inclusion in the test panel.

(iii) Results of all drug screens must be negative. Refusal of a drug screen or a diluted urine screen is equivalent to a positive result. Any positive results, including those that may have resulted from ingestion of food, but excluding false positives that resulted from medication legitimately prescribed, indicate a violation of the contract.

(b) The intervener/sponsor shall provide copies of all drug screen reports to the Board in a timely fashion.

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

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

(2) David Ray Spence must submit quarterly progress reports to the Board (due January 10, April 10, July 10, and October 10 of each year of probation) that include:

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

(b) A written description of David Ray Spence's progress towards recovery and what David Ray Spence has been doing during the previous three months.

(3) David Ray Spence must provide documentation to the Board of full restitution to Wal-Mart Pharmacy 10-2666.

(4) The State Board of Pharmacy hereby declares that David Ray Spence’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.

(5) David Ray Spence may not serve as a responsible pharmacist.

(6) David Ray Spence may not destroy, assist in, or witness the destruction of controlled substances.

(7) David Ray Spence must abide by the contract with his treatment provider and must immediately report any violation of the contract to the Board.

(8) David Ray Spence must not violate the drug laws of Ohio, any other state, or the federal government.

(9) David Ray Spence must abide by the rules of the State Board of Pharmacy.

(10) David Ray Spence must comply with the terms of this Order.

(11) David Ray Spence’s license is deemed not in good standing until successful completion of the probationary period.

(12) 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.

David Ray Spence 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-7/Nay-0).

After a discussion of the draft minutes from the October 19, 2004 telephone conference call, Mrs. Gregg moved that they be approved as amended. The motion was seconded by Ms. Eastman and approved by the Board (Aye-4/Nay-0/Abstain-3[Braylock, Mitchell, Teater]).

After a discussion of the draft minutes from the October 4, 5, 6, 2004 Board meeting, Mrs. Gregg moved that they be approved as amended. The motion was seconded by Mrs. Teater and approved by the Board (Aye-7/Nay-0).

4:20 p.m.

The meeting was recessed until Wednesday, November 10, 2004.

WEDNESDAY, NOVEMBER 10, 2004

9:00 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:

9:10 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 discussing the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official 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, Mitchell-Yes, Teater-Yes, and Turner-Yes.

11:48 a.m.

R-2005-089 The Executive Session ended and the meeting was opened to the public. Mrs. Gregg moved that the Board deny the request received on behalf of Kevin James Bowers, R.Ph. that Mr. Bowers’ Summary Suspension Order be revised to permit him to continue his employment at a licensed site. The motion was seconded by Ms. Eastman and approved by the Board (Aye-7/Nay-0).

11:49 a.m.

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

PER DIEM	10/18	11/8	11/9	11/10	Total
Braylock	1	1	1	1	4
Eastman	-	1	1	1	3
Giacalone	-	1	1	1	3
Gregg	-	1	1	1	3
Kost	-	1	1	1	3
Lipsyc	-	1	-	-	1
Mitchell	-	1	1	1	3
Teater	-	1	1	1	3
Turner	-	1	1	1	3

The motion was seconded by Mrs. Gregg and approved by the Board (Aye-7/Nay-0).

11:50 a.m.

Mr. Giacalone moved that the meeting be adjourned. The motion was seconded by Mr. Braylock and approved by the Board (Aye-7/Nay-0).

THE BOARD APPROVED THESE MINUTES

DECEMBER 6, 2004