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; Tel: 614/466-4143 Fax:
614/752-4836
Email: |
Minutes of the
May 2, 3, & 4, 2005 Meeting
of the
Monday,
May
2, 2005
9:02 a.m. The Ohio State Board of Pharmacy
convened in Presser Hall Auditorium on the campus of Ohio Northern University,
following members present:
Attending: 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; David Rowland, Legal
Affairs Administrator; and Sally Ann
Steuk, Assistant Attorney General.
The meeting began with the
Board members introducing themselves to the students in attendance. President
Kost and Mr. Winsley then discussed with the students the purposes and
functions of the Board.
Mr. McMillen discussed the
Licensing Report with the Board and the students.
President Kost and Mr. Winsley
gave the students an overview of the Board’s Investigation and Hearing process
to afford them a better understanding of the day’s activities.
Mr. Keeley then discussed the Legislative Report with
the Board and the students.
10:15 a.m. The Board
took a brief recess.
10:38 a.m. The Board was joined by Assistant Attorney General Sally Ann
Steuk to conduct an adjudication hearing in accordance with the Ohio Revised
Code Chapters 119. and 4729. in the matter of Chester Lee Parker, R.Ph.,
11:51 a.m. The hearing ended and the record was closed. The Board recessed for lunch.
1:01 p.m. The Ohio State Board of
Pharmacy reconvened in Presser Hall Auditorium on the campus of
Attending: 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.
1:03 p.m. The Board was joined by Assistant Attorney General Sally
Ann Steuk to conduct an adjudication hearing in accordance with the Ohio
Revised Code Chapters 119. and 4729. in the matter of Neil D. Frasca, R.Ph.,
4:57 p.m. The hearing ended and the
record was closed. The meeting was recessed until May 3, 2005.
Tuesday,
May 3, 2005
8:32 a.m. The Ohio State Board of
Pharmacy convened in Room East B, 31st Floor,
Attending: 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; David Rowland, Legal
Affairs Administrator; and Sally Ann Steuk, Assistant Attorney General.
R-2005-177 After a
discussion of the draft minutes from the April 12-13, 2005 meeting, Mrs. Gregg
moved that the minutes be approved as amended. The motion was seconded by Mrs.
Teater and approved by the Board: Aye - 8.
Mr. Winsley reported on the current status of the FY
2006 budget process, including a discussion of his testimony before the Senate
Finance Committee on April 19, 2005.
8:45 a.m. The Board was joined by Assistant Attorney General
Sally Ann Steuk to create a record in accordance with the Ohio Revised Code
Chapters 119. and 4729. in the matter of Eugene
K. Park, R.Ph.,
9:03 a.m. The record was closed. The Board took a
brief recess.
9:16 a.m. The Board was joined by Assistant Attorney
General Sally Ann Steuk to conduct an adjudication hearing in accordance with
the Ohio Code Chapters 119. and 4729. in the matter of Warren H. Hone, R.Ph.,
11:45 a.m. The hearing
was recessed for lunch.
1:00 p.m. The Ohio State Board of Pharmacy reconvened
in Room East B, 31st Floor of the
1:30 p.m. Mr. Winsley met with the candidates for
licensure by reciprocity in Room South-A, 31st Floor of the
The candidates introduced
themselves and then participated in a discussion of pharmacy laws and rules
with Mr. Winsley. They were then presented their pharmacist identification
cards.
R-2005-178
|
Sherri Dawn Adams |
03-2-26655 |
|
|
Joseph Ben-Ari |
03-2-26693 |
|
|
Bessem
Ndip Enoh |
03-2-26709 |
Masschusetts |
|
Priti-Ranparia Jain |
03-2-26677 |
|
|
Michel Stephen Mikula |
03-2-26694 |
|
|
Mary Susan Miller |
03-2-26629 |
|
|
David P. Murray |
03-2-26658 |
|
|
Maria Laura Seta |
03-2-26653 |
|
|
Hope T. Tran |
03-2-26620 |
|
|
Catherine
Bernadette Willmore |
03-2-26644 |
|
3:00 p.m. The hearing in the matter of Warren H. Hone, R.Ph. ended and the record was closed. The Board
took a brief recess.
3:15 p.m. The Board was joined by
Assistant Attorney General Sally Ann Steuk to conduct an adjudication hearing
in accordance with the Ohio Revised Code Chapters 119. and 4729. in the matter
of Craig James Bryant, R.Ph.,
Rootstown.
3:58 p.m. The hearing ended and the
record was closed.
4:00 p.m. Mr. Mitchell moved that the
Board go into Executive Session to investigate complaints regarding licensees
and registrants pursuant to Section 121.22(G)(1) of the Ohio Revised Code. The
motion was seconded by Mr. Braylock, and a roll-call vote was taken by
President Kost as follows: Braylock – Yes, Giacalone – Yes, Gregg – Yes, Kost – Yes, Lipsyc – Yes, Mitchell – Yes,
Teater – Yes, and Turner – Yes: Aye – 8.
5:20 p.m. The Executive Session ended and the meeting was opened
to the public. Mr. Braylock moved that
R-2005-179 the Board adopt the following order in the matter of Craig James Bryant, R.Ph.:
ORDER OF THE
Docket Number
D-040802-006
In the matter of:
CRAIG JAMES BRYANT, R.Ph.
R.Ph. No. 03-2-21372
INTRODUCTION
The matter of Craig James Bryant came for hearing on May 3, 2005, before the following members of the Board: Lawrence J. Kost, R.Ph., (presiding); 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.
Craig James Bryant was represented by Mary Barley-McBride. The State of
SUMMARY OF EVIDENCE
State’s Witness: Frank Bodi, Ohio State Board of
Pharmacy
Respondent's Witness: Craig James Bryant, R.Ph., Respondent
State's Exhibits:
1. Summary
Suspension Order/Notice of
1A-1E. Procedurals
2.
State Board of Pharmacy Order In Re Craig
James Bryant [10-03-95]
3.
4. Lakeview Health Systems Certificate of
Completion for Craig Bryant [5-31- 04]
Respondent's Exhibits:
A. Journal Entry, State of
B. PRO Pharmacist's Recovery Contract for Craig J. Bryant [04-06-05]
C.
D. Copy of ”7th Annual Conference on Chemical
Dependency in the Profession of
Pharmacy" Program [05-01-05];
Continuing Pharmaceutical Education Certificate [05-01-05]
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 Board of Pharmacy indicate
that Craig James Bryant was
originally licensed by the State of
(2) Craig James Bryant is impaired physically or mentally 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: on or about July 8, 2004, Craig James Bryant was arrested for driving under the influence of drugs. Craig James Bryant failed field sobriety tests; Craig James Bryant indicated to the arresting officer that he was taking medication; and, Craig James Bryant indicated to the officer that he had just gotten out of drug rehab and that he had a substance abuse problem. Craig James Bryant was found to possess 12 tablets of hydrocodone w/acetaminophen, a Schedule III Controlled Substance, and 4 tablets of Soma, a dangerous drug. Craig James Bryant informed the transporting deputy that he had consumed 10 pills prior to being stopped. Craig James Bryant also told a Board Agent that he was currently enrolled in his second rehab treatment center for chemical dependency.
(3) Craig James Bryant did, on or about July 8, 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: Craig James Bryant possessed 12 tablets of hydrocodone w/acetaminophen, a Schedule III Controlled Substance, outside the confines of a pharmacy, without a valid prescription, and for his personal abuse. Such conduct is in violation of Section 2925.11 of the Ohio Revised Code.
(4) Craig James Bryant did, on or about July 8, 2004, possess a dangerous drug when the conduct was not in accordance with Chapters 4729., and 4731. of the Ohio Revised Code, to wit: Craig James Bryant possessed 4 tablets of Soma outside the confines of a pharmacy, without a valid prescription, and for his personal abuse. Such conduct is in violation of Section 4729.51(C)(3) of the Ohio Revised Code.
CONCLUSIONS OF LAW
(1) The Ohio
State Board of Pharmacy concludes that paragraphs (3) and (4) 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 (3) and (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.
(3) The State
Board of Pharmacy concludes that paragraphs (2) through (4) of the Findings of
Fact constitute 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.
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 Craig James Bryant on August 2, 2004.
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. 03-2-21372, held by Craig James Bryant and such suspension is effective as of the date
of the mailing of this Order.
(A) Craig
James Bryant, 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) Craig James Bryant, 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 Craig James Bryant
for a hearing, pursuant to the Ohio Code Chapter 119., for reinstatement. The
Board will only consider reinstatement of the license to practice pharmacy in
(A) Craig James Bryant 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)
approved treatment provider or a treatment provider acceptable to the Board for
a period of not less than five years and, upon signing, submit 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) Carisoprodol and hydrocodone must be included
in 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, 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) Craig
James Bryant 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) Craig
James Bryant must provide, at the reinstatement petition hearing, documentation
of the following:
(1) 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.);
(2) 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;
(3) Compliance
with the terms of this Order.
(D) If reinstatement is not accomplished
within three years of the effective date of this Order, Craig James Bryant must also show successful completion of the
NAPLEX examination or an equivalent examination approved by the Board.
(E) Upon such time as the Board may consider
reinstatement, Respondent will be afforded a Chapter 119. hearing. At such
time, the Board may consider reinstatement with or without restrictions and/or
conditions as the Board deems appropriate under the circumstances.
The motion was seconded by Mrs. Eastman and approved
by the Board: Aye - 8.
R-2005-180 Mr. Mitchell then moved the Board adopt the following
order in the matter of Warren H. Hone,
R.Ph.:
ORDER OF THE STATE BOARD OF PHARMACY
Docket Number
D-041008-028
In the matter of:
WARREN H. HONE, R.Ph.
R.Ph. Number 03-2-08034
INTRODUCTION
The
matter of Warren C. Hone came for
hearing on May 3, 2005, 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.
Warren C. Hone was represented by Elizabeth Y. Collis. The State of
SUMMARY OF EVIDENCE
State’s
Witness: Ann Abele,
Respondent's Witnesses: Warren H. Hone, R.Ph., Respondent
Roberta
Schrenk
State's Exhibits:
1.
Notice of Opportunity For Hearing letter
[10-08-04]
1A-1D. Procedurals
2.
Rx #6866290 [06-16-03]
3.
Summary of Dispensing Report for Rx #6866290 [06-16-03 to 10-27-03]
4.
Four stock bottles of Rx #6866290
[08-19-03]; one vial of Rx #6866290
[10-24-03]; two vials of Rx #6866290
[10-27-03]
5. Dispensing Report for
6.
K-mart Pharmacy #4964 Medical Expenses Report [01-01-03 to 12-31-03]
7.
The Children's Medical Center Pulmonary Clinic Sick Call Record [11-21-03]
8.
Notarized Statement of Robert Fink, M.D. with attachments [01-08-04]
9.
Dangerous Drug Distributor Inspection Report of K-mart Pharmacy #4964
[01-12-04]
10.
Four computer screen printouts for Rx #6866290 [07-09-03 to 10-24-03]
11. Four page Daily Audit Listing report of
K-mart Pharmacy #4964 [07-09-03]
11A.
Daily Audit Listing report of K-mart Pharmacy #4964 [08-19-03]
11B.
Four page Daily Audit Listing report of K-mart Pharmacy #4964 [09-22-03]
11C.
Three page Comprehensive Audit Listing report of K-mart Pharmacy
#4964 [10-24-03]
11D.
Five page Daily Audit Listing report of K-mart Pharmacy #4964 [10-27- 03]
12.
Notarized Statement of Warren H.
Hone, R.Ph. [01-12-04]
13. Five
Notarized Statements of John Brauner
[02-06-04]; Larry A. Miller
[01-19-04]; Matthew Bremer [01-28-04]; Jerry Fraley, R.Ph. [01-26-04]; Hai Nguyen
[01-26-04]
14. Ohio Attorney General's Medicaid Fraud Control
Unit Report #01, Docket No. M2030547
[12-02-03]
15. Ohio Attorney General's Medicaid Fraud Control
Unit Report #02, Docket No. M2030547 [12-04-03]
16. Notarized
Statement of Jessica Cramton [01-06-04]
17. Three page
Drug Movement Report of K-mart Pharmacy #4964
[01-12-04]
18. E-mail
letter from Ann Abele [01-20-04]; Purchase Report of K-mart Pharmacy #4964 for
Lipram CR10; Pancrease MT 10 and Creon 10
[06-06-03 to 12-11-03]
19. Two page
K-mart Pharmacy Rx Partial Fill Log
[08-14-03 to 10-29-03]
20. Two
computer screen printouts showing history of Rx #6866290 [06-16-03 to 10-27-03]
21.
Reversal of 10-24-03 Billing
[10-27-03]
22.
Three page Drug Fact and Comparisons for Digestive Enzymes [11/2002]
23.
Hand-written note on computer screen printout [01-13-04]
24.
Four page Transaction List Detail Reports of K-Mart Pharmacy #4964 for
Rx #6866290 [06-16-03 to 10-24-03]
25.
Five page Daily Audit Listing Reports of K-Mart Pharmacy #4964 [06-16-03]
26.
Handwritten Notes on Pricing/Product Comparison [not dated]
Respondent's Exhibits:
A. Reprinted
Label for Rx #6866290 [07-09-03]
B. Reprinted Label for Rx
#6866290 [08-19-03]
C. Reprinted Label for Rx
#6866290 [09-22-03]
D. Reprinted Label for Rx
#6866290 [10-24-03]
E. Reprinted Label for Rx
#6866290 [10-27-03]
F. Notarized Statement of Pat
Maher, R.Ph. [04-26-05]
G. Eight-page
Drug Fact and Comparisons for Digestive Enzymes, www.efactsonline.com, ©
2003-2004
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 Warren H. Hone was
originally licensed by the State of
(2) Warren
H. Hone did, on or about July 9, 2003, and on subsequent refill dates,
misbrand a drug, to wit: when dispensing prescription number 6866290, Warren H. Hone dispensed Lipram-CR 10,
but falsely labeled the vial as Pancrease MT 10. Further, Warren H. Hone billed Medicaid for a drug which was not dispensed.
Such conduct is in violation of Section 3715.52 of the Ohio Revised Code.
(3) Warren
H. Hone did, on or about July 9, 2003, and on subsequent refill dates,
substitute a drug despite the prescriber's designation on the prescription as
"DAW," and the drug Warren H.
Hone substituted was not generically equivalent, to wit: when dispensing
prescription number 6866290, Warren H.
Hone substituted Lipram-CR 10 for Pancrease MT 10, though the prescriber
indicated that the prescription was to be dispensed as written. Further, the
drug Warren H. Hone substituted is
not generically equivalent to the drug prescribed. Such conduct is in violation
of Section 4729.38 of the Ohio Revised Code.
(4) Warren
H. Hone did, on or about October 27, 2003, and dates preceding, when utilizing
a computerized recordkeeping system at K-Mart Pharmacy, fail to keep refill
records which included positive identification of the dispensing pharmacist(s)
and accurate refill dispensing records, to wit: the recordkeeping system
allowed for false dispensing entries;
failed to keep record of actual dates of dispensing; failed to keep
record of positive identification of the dispensing pharmacist(s) or patient
counseling; and failed to keep accurate records of generic dispensing. Such
conduct is in violation of Rule 4729-5-27 of the Ohio Administrative Code.
(5) Warren
H. Hone did, on or about the following dates, when utilizing a computerized
recordkeeping system at K-Mart Pharmacy, fail to keep records dispensing, to
wit: the system failed to document accurate and correct refill information as
follows:
|
Violation |
Date |
|
Utilized a stamped signature |
06-16-03 |
|
|
07-09-03 |
|
|
09-22-03 |
|
|
10-27-03 |
|
|
|
|
No pharmacist signature |
10-24-03 |
Such conduct
is in violation of Rule 4729-5-28(C) of the Ohio Administrative Code.
CONCLUSIONS OF LAW
(1) The Ohio State Board of Pharmacy
concludes that paragraphs (2) through (5) 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.
(2) The State Board of Pharmacy concludes
that paragraphs (2) through (5) 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 3715. or 4729. of the
Revised Code or any rule adopted by the Board 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
Warren H. Hone 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 on Warren
H. Hone a monetary penalty of one thousand three hundred and fifty dollars
($1,350.00) due and owing on or before July 9, 2005. The monetary penalty
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.
Further,
the State Board of Pharmacy stipulates that:
(A) Warren
H. Hone must obtain, within ninety days from the effective date of this
Order, three hours of continuing pharmacy education (0.3 CEUs) on
Bioequivalency and (0.3 CEUs) on Therapeutic Substitution, which may not also
be used for license renewal.
(B) Warren
H. Hone must attend, within ninety days from the effective date of this
Order, a Reciprocity hearing conducted by the Ohio State Board of Pharmacy.
(C) The State Board of Pharmacy hereby
declares that, for one year from the
effective date of this Order, Warren
H. Hone'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) Warren
H. Hone may not, for one year from the effective date of this Order, serve as a responsible pharmacist.
(E) Warren
H. Hone may not, for one year from the effective date of this Order, work in a pharmacy more than 50 hours per
week.
(F) Warren
H. Hone must not violate the drug laws of
(G) Warren H. Hone must abide by the rules
of the State Board of Pharmacy.
(H) Warren H. Hone must comply with the
terms of this Order.
The motion was seconded by Mrs. Teater and approved
by the Board: Aye - 5 /Nay - 2 /
Abstain - 1(Turner).
R-2005-181 Mr. Mitchell then moved that the Board adopt the
following order in the matter of Eugene
K. Park R.Ph.:
ORDER OF THE STATE BOARD OF PHARMACY
Docket Number
D-050310-048
In the matter of:
Eugene K. Park, R.Ph.
2494
Tucker Trail
Lewis
R.Ph. No. 03-1-24338
INTRODUCTION
The matter of Eugene
K. Park came for consideration on May 3, 2005, before the following members
of the Board: Lawrence J. Kost, R.Ph., (presiding); Suzanne R. Eastman, R.Ph.; 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.
Eugene K. Park was not present nor was he represented by counsel.
The State of
SUMMARY OF EVIDENCE
State’s Witness: Christopher K. Reed,
Respondent's Witnesses: None
State's Exhibits:
1.
Notice of Opportunity For Hearing letter
[03-10-05]
1A-1B. Procedurals
2. Complaint, State of
3. Waiver
of Rights with Plea [06-23-03]
4. Judgment
Entry [06-23-03]
5. Notarized
Statement of Eugene K. Park [02-10-04]
6. Notarized
Statement of Kristin A. Straub
[09-02-04]
Respondent's Exhibits: None
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) On March 10, 2005, Eugene K. Park was notified by letter
of his right to a hearing, his rights in such hearing, and his right to submit
any contentions in writing.
(2) As demonstrated by return receipt
dated March 16, 2005, Eugene K. Park
received the letter of March 10, 2005, informing him of the allegations against
him and his rights.
(3)
(4) Records of the State Board of Pharmacy
indicate that Eugene K. Park was
originally licensed by the State of
(5) Eugene
K. Park was, on or about June 23, 2003, convicted of Theft, a misdemeanor
of the first degree under Section 2913.02(A)(3) of the Ohio Revised Code, State
of Ohio vs. Eugene K. Park, Case
No. 03-CR-B-01101, Delaware County Municipal Court. Eugene K. Park was caught stealing baseball cards valued at $86.32,
when he emptied a box of cereal in Meijer and placed the cards inside the box
and tried to exit the store. Such conviction and conduct constitutes being
guilty of gross immorality within the meaning of Section 4729.16(A)(1) of the
Ohio Revised Code.
(6) Eugene
K. Park did, on or about various dates in 2003 and 2004, engage in a
pattern of unprofessional conduct while practicing pharmacy, to wit: numerous
complaints were made to Eugene K. Park's
employer, Rite Aid, referring to Eugene
K. Park's breathing heavily while talking on the telephone with patients
and prescribers' agents, and attempting to kiss the hands of female patients
who came into the pharmacy to pick up prescriptions. While doing this, Eugene K. Park would continually ask
the prescribers' agents personal questions as to their marital and/or family
status, and he would ask them to go on dates with him. One prescriber's office
refused to phone prescriptions to Eugene
K. Park's pharmacy due to his behavior. Such conduct constitutes being
guilty of gross immorality within the meaning of Section 4729.16(A)(1) of the
Ohio Revised Code.
CONCLUSIONS
OF LAW
(1) The State Board of Pharmacy concludes
that paragraphs (5) and (6) 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 (5) and (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.
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 Eugene K. Park as follows:
(A) Based on the
foregoing Findings of Fact and Conclusions of Law, the State Board of Pharmacy
hereby reprimands Eugene K. Park for
his conduct in this matter.
(B) On the
basis of the Findings of Fact and Conclusions of Law set forth above, the State
Board of Pharmacy hereby imposes on Eugene
K. Park a monetary penalty of one thousand dollars ($1,000.00) due and
owing within thirty days of the issuance of this Order. The monetary penalty
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.
The motion was seconded by Mrs. Gregg and approved by
the Board: Aye - 5 /Nay - 3.
R-2005-182 Mr. Braylock
then moved that the Board adopt the following order in the matter of Neil D. Frasca R.Ph.:
ORDER OF THE STATE BOARD OF
PHARMACY
Docket Number D-041008-034
In the matter of:
NEIL D.
FRASCA, R.Ph.
R.Ph. No. 03-1-08449
INTRODUCTION
The matter of Neil D. Frasca came for hearing on May 2, 2005, 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.
Neil D. Frasca was represented by David W. Grauer. The State of
SUMMARY OF EVIDENCE
State’s Witness: Joanne Predina,
Respondent's Witnesses: Paul
Witkowski, M.S., R.Ph.
Neil D. Frasca, R.Ph., Respondent
State's Exhibits:
1. Notice of Opportunity For Hearing letter [10-08-04]
1A-1F.
Procedurals
2. Tod Children's Hospital Neonatal Parenteral
Nutrition Orders for bag No. 2
[03-06-04]
3. Baxa Micro Macro Compounder MixCheck (tm)
Report [03-06-04]
4. Copy of Compounded Label from TPN Bag Serial No.
000933 [03-06-04]
5. ARUP Laboratories Report for I.D.
#(11339)00-000-2984 [03-06-04]
6. ARUP Laboratories Report for I.D.
#(11339)00-000-2962 [03-06-04]
7. TPN Error Report from Pharmacy Director Hugh
Owen [05-11-04]
8. Notarized Statement of Neil D. Frasca [05-11-04]
9. Tod Children's Hospital Neonatal Parenteral
Nutrition Orders for bag No. 61
[03-06-04]
9A. Tod
Children's Hospital Neonatal Parenteral Nutritional faxed Orders for bag No.
61 [03-06-04]
10.Baxa MicroMacro Compounder MixCheck (tm)
Report [03-06-04]
11. Copy of Compounded Label from TPN Bag Serial No.
000937 [03-06-04]
12. ARUP Laboratories Report for I.D.
#(11339)00-000-2985 [03-06-04]
Respondent's Exhibits:
A. Biography of Paul Witkowski, Pharm.D. [04-28-05]
B. Copy of letter, with attachments from David W.
Grauer to
C. Resume of Neil
D. Frasca [04-25-05]
D. Forum Health Job Description for Lead
Pharmacist [Revised December 2000,
December 2003]; Performance Appraisal of Neil Frasca [06-11-04]; Performance Appraisal for Neil
Frasca [04-14-05]
E. Letter from Daniel Testa, R.Ph. [11-16-04]
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 Neil D. Frasca was
originally licensed by the State of
(2) Neil
D. Frasca did, on or about March 6, 2004, misbrand a drug, to wit: when Neil D. Frasca received an order for a
TPN (total parenteral nutrition) preparation which was to contain Zantac, he
dispensed a preparation containing insulin instead, which had not been
prescribed by the physician. The patient, a baby girl, was subsequently
harmed. The Board further finds that the testimony of Paul Witkowski, a
witness called by the Respondent, was not entirely believed. Mr.
Kwiatkowski’s expertise in the field is not recognized to be above that of this
Board. Mr. Witkowski's testimony was in part comprised of speculation,
and he himself recognized this fact. The preparation did not contain a
drug that it should have, and it also contained a drug it should not have
contained. As such, the preparation was misbranded. Such conduct is in violation of Section
3715.52(A)(2) of the Ohio Revised Code.
(3) Neil
D. Frasca did, on or about March 6, 2004, misbrand a drug, to wit: when Neil D. Frasca received an order for a
TPN (total parenteral nutrition) preparation which was to contain heparin, he
dispensed a preparation containing insulin instead, which had not been
prescribed by the physician. The patient, a baby boy, was subsequently
harmed. As above, the Board further finds that the testimony of Paul
Witkowski, a witness called by the Respondent, was not entirely believed. Mr.
Witkowski's expertise in the field is not recognized to be above that of this Board.
Mr. Witkowski's testimony was in part comprised of speculation, and he himself
recognized this fact. The preparation did not contain a drug that it
should have, and it also contained a drug it should not have contained.
As such, the preparation was misbranded. Such conduct is in violation of
Section 3715.52(A)(2) of the Ohio Revised Code.
CONCLUSIONS OF LAW
The Ohio State Board of Pharmacy concludes that
paragraphs (2) and (3) 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.
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 Neil D. Frasca
as follows:
(A) On the basis of the Findings of Fact
and Conclusion of Law set forth above, the State Board of Pharmacy hereby
imposes on Neil D. Frasca a monetary
penalty of five hundred dollars ($500.00) due and owing within thirty days of
the issuance of this Order. The monetary penalty 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) Neil
D. Frasca must obtain, within one hundred-eighty days from the effective
date of this Order, three hours of continuing pharmacy education (0.3 CEUs) in
Aseptic Techniques and three hours of continuing pharmacy education (0.3 CEUs)
in Medication Errors, which may not also be used for license renewal.
The motion was seconded by
Mrs. Gregg and approved by the Board: Aye - 8.
R-2005-183 Mr. Giacalone then moved that the Board adopt the
following order in the matter of Chester
Lee Parker, R.Ph.:
ORDER OF THE STATE BOARD OF PHARMACY
Docket Number
D-041008-029
In the matter of:
R.Ph. No. 03-2-24947
INTRODUCTION
The matter of Chester Lee Parker came for hearing on May 2, 2005, 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.
Chester Lee Parker was represented by David W. Grauer. The State of
SUMMARY OF EVIDENCE
State’s Witness: Todd Zevchik,
Respondent's Witness:
State's Exhibits:
1.
Notice of Opportunity For Hearing letter
[10-08-04]
1A. Amendment
Notice letter [10-13-04]
1B-1E.
Procedurals
2. State Board
of Pharmacy Settlement Agreement In Re
3. Rx
#510249 [02-13-04]
4. CVS Pharmacy
#5436 Patient Prescription Record
[12-01-03 to 03-29-04]
5. CVS
Pharmacy #5436 Prescription Register report
[02-13-04]
6. Reprinted
Label for Rx #510249 [02-13-04]; CVS
/pharmacy Customer Receipt for Rx #510249
[02-13-04]
7. CVS
Pharmacy Prescription Pick-Up Log
[02-10-04 to 02-13-04]
Respondent's Exhibits:
A-C. Three letters of Support [04-25-05 to 04-27-05]
D. Professional Summary of
E. Statement of John R. Anderson [03-03-05]
F. Letter from David W. Grauer to
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 Chester Lee
Parker was originally licensed as a pharmacist in the State of
(2)
CONCLUSIONS
OF LAW
The State Board of Pharmacy concludes that paragraph
(2) of the Findings of Fact constitutes 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.
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 imposes a monetary
penalty of one hundred dollars ($100.00) on Chester Lee Parker 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.
The motion was seconded by Mr. Turner and approved by
the Board: Aye - 5 /Nay - 4.
R-2005-184 Mr.
Winsley presented a request for an exemption to Rule 4729-5-11 (Responsible
Person) requesting that Hugh Owen, R.Ph., be permitted to be the Responsible
Pharmacist on a temporary basis for the following Terminal Distributor of
Dangerous Drugs licenses:
Forum
Health/North side Medical
(02-1150900)
Forum
Health/Begley Medical Park
(02-1164900)
After discussion, Mr. Braylock moved that the Board approve
this request for three months. The motion was seconded by Mrs. Gregg and
approved by the Board: Aye - 8.
R-2005-185 The Board
next considered a request for an exemption from Rule 4729-5-10 (Pick-up
station) received from the following sites:
Teregen
Laboratories (02-1235150)
Various Physician Office contained in the letter of
request
After discussion, Mr. Turner moved that the Board
approve the request as long as the parties to the request comply with the
requirements in the rule for such an exemption. The motion was seconded by Mrs.
Teater and approved by the Board: Aye - 8.
After a discussion of the need to continue to provide
a Board member to serve on the Nursing Board’s Committee on Prescriptive
Governance (CPG), President Kost appointed Mr. Braylock to continue as the
Board’s representative. President Kost also appointed Mr. Mitchell to serve as
the alternate representative.
Mr. Mitchell discussed his participation as a member
of the ACPE accreditation team to the
5:48 p.m. The meeting was recessed until
Wednesday, May 4, 2005.
Wednesday, May 4, 2005
8:20 a.m. The Ohio
State Board of Pharmacy convened in Room East B, 31st Floor,
Attending: 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.
8:30 a.m. The Board was joined by representatives of
the ddn Corporation to present their
Automated Product Machine (APM) concept to the Board.
10:10 a.m. The meeting
with the representatives from the ddn
Corporation ended. The Board took a brief recess.
10:15 a.m. The Board was joined by Assistant Attorney General
Sally Ann Steuk to create a record in accordance with the Ohio Revised Code
Chapters 119. and 4729. in the matter of Maria
C. Damato, R.Ph.,
10:34 a.m. The record
was closed.
Mr. Braylock reported that there had been no meeting of
the Nursing Board’s Committee on Prescriptive Governance (CPG) since the last
report.
Mr. Winsley announced that the following settlement
agreement with Stephen O. Daley,
R.Ph., had been signed by all parties and was now effective:
R-2005-186
SETTLEMENT AGREEMENT
WITH THE STATE BOARD OF PHARMACY
Docket Number D-041214-039
In the matter of:
STEPHEN O. DALEY, R.Ph.
R.Ph. No. 03-1-12190
This Settlement
Agreement is entered into, by and between Stephen
O. Daley and the Ohio State Board of Pharmacy, a state agency charged with
enforcing the Pharmacy Practice Act and Dangerous Drug Distribution Act,
Chapter 4729. of the
Stephen O. Daley voluntarily enters into
this Agreement being fully informed of his rights afforded under Chapter 119.
of the Ohio Revised Code, including the right to representation by counsel, the
right to a formal adjudication hearing on the issues contained herein, and the
right to appeal. Stephen O. Daley
acknowledges that by entering into this agreement he has waived his rights
under Chapter 119. of the
Whereas, the Board is empowered by Section 4729.16 of the Ohio Revised Code to suspend, revoke, place on probation, refuse to grant or renew an identification card or enforce a monetary penalty on the license holder for violation of any of the enumerated grounds therein.
Whereas, Stephen O. Daley is licensed to
practice pharmacy in the State of
Whereas, on or about December 14, 2004, pursuant to Chapter 119. of the Ohio Revised Code, Stephen O. Daley was notified of the allegations or charges against him, his right to a hearing, his rights in such hearing, and his right to submit contentions in writing. Stephen O. Daley requested a hearing; it was scheduled. The December 14, 2004, Notice of Opportunity for Hearing contains the following allegations or charges:
(1) Records of the State Board of Pharmacy
indicate that Stephen O. Daley was
originally licensed by the State of
(2) Stephen O. Daley did, on or about July
18, 1996, knowingly make a false statement with purpose to secure the issuance
of a license or registration, to wit: Stephen O. Daley indicated on his
pharmacist license renewal application, September 15, 1996 to September 15,
1997, that he had not been charged with a crime when in fact he had been
charged with, and subsequently convicted of, Soliciting for Prostitution in
violation of Section 2907.24 of the Ohio Revised Code. State of
Stephen O. Daley neither admits nor denies the allegations stated in the Notice of Opportunity for Hearing letter dated December 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, Stephen O. Daley knowingly and voluntarily agrees with the State Board of Pharmacy to the following:
(A) Stephen O. Daley agrees to the imposition of a monetary penalty of one thousand dollars ($1,000.00), 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 form to the State Board of Pharmacy, 77 South High Street, 17th Floor, Columbus, Ohio 43215-6126.
If, in the judgment of the Board, Stephen O. Daley appears to have violated or breached any terms or conditions of this Agreement, the Ohio State Board of Pharmacy reserves the right to, at any time, revoke probation, modify the conditions of probation, and reduce or extend the period of probation, and/or the Board may institute formal disciplinary proceedings for any and all possible violations or breaches, including but not limited to, alleged violation of the laws of Ohio occurring before the effective date of this Agreement.
Stephen O. Daley acknowledges that he
has had an opportunity to ask questions concerning the terms of this agreement
and that all questions asked have been answered in a satisfactory manner. Any
action initiated by the Board based on alleged violation of this Agreement
shall comply with the Administrative Procedure Act, Chapter 119. of the
Stephen O. Daley waives any and all
claims or causes of action he may have against the State of
This Settlement Agreement shall be considered a public record, as that term is used in Section 149.43 of the Ohio Revised Code, and shall become effective upon the date of the Board President’s signature below.
/s/ Stephen O. Daley, R.Ph. /d/ 04/25/2005
Stephen O. Daley, R.Ph., Respondent Date of Signature
/s/ James Lindon, Esq. /d/ 04/06/2005
James
Lindon, Attorney for Respondent Date
of Signature
/s/
/s/
Sally Ann Steuk, Esq. /d/ 05/04/2005
Sally Ann Steuk, Ohio Assistant Attorney General Date of Signature
Mr. Benedict reported that there had been no meeting
of the Medical Board’s Prescribing Committee.
10:38 a.m. Mr. Mitchell
moved that the Board go into Executive Session to investigate complaints
regarding licensees and registrants pursuant to Section 121.22(G)(1) of the
Revised Code and for the purpose of conferring with an attorney for the Board
regarding pending or imminent court action pursuant to Section 121.22(G)(3) of
the Revised Code. The motion was seconded by Mrs. Gregg a roll-call vote was
taken by President Kost as follows:
Braylock – Yes, Giacalone – Yes, Gregg – Yes, Kost – Yes, Lipsyc –
Yes, Mitchell – Yes, Teater – Yes, and Turner – Yes: Aye – 8.
12:30 p.m.
R-2005-187 The Executive Session ended and the meeting was
opened to the public. Mr. Mitchell moved that the Board adopt the following
order in the matter of Maria C. Damato,
R.Ph.:
ORDER OF THE STATE
BOARD OF PHARMACY
Docket Number D-050311-051
In the matter of:
Maria C. Damato, R.Ph.
R.Ph. No. 03-3-23981
INTRODUCTION
The matter of Maria C. Damato came for hearing on May 4, 2005, 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.
Maria C. Damato was not present nor was she represented by counsel. The State of
SUMMARY OF EVIDENCE
State’s Witness: William
McMillen,
Respondent's Witnesses: None
State's Exhibits:
1. Notice of
Opportunity For Hearing letter
[03-11-05]
1A. Procedural
2. Renewal
Application for Pharmacist License of Maria
C. Damato [08-07-04]
3.
Pennsylvania Department of State Bureau of Professional and Occupational
Affairs License Verification for Maria
C. Damato [06-17-04]
4. Letter to
George Pavlich from Maria C. Damato [09-16-04]
5.
Pennsylvania State Board of Pharmacy CE Audit (RP036922L) letter In Re Maria C. Damato [02-10-03]
6. Response
letter to Pennsylvania State Board of Pharmacy from Maria C. Damato [09-26-03]
7. Notice, Commonwealth
of Pennsylvania Bureau of Professional and Occupational Affairs vs. Maria C. Damato, Docket Number
0344-54-04, File No. 03-54-13782; Order to Show Cause; Certificate of
Service [03-03-04]
Respondent's Exhibits: None
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) On March
11, 2005, Maria C. Damato was
notified by letter of her right to a hearing, her rights in such hearing, and
her right to submit any contentions in writing.
(2) As demonstrated
by return receipt dated March 16, 2005, Maria
C. Damato received the letter of March 11, 2005, informing her of the
allegations against her and her rights.
(3) Maria C. Damato has not responded in
any manner to the letter of March 11, 2005, and has not requested a hearing in
this matter, therefore the matter was referred to the Board for consideration.
(4) Records of
the State Board of Pharmacy indicate that Maria
C. Damato was originally licensed by the State of
(5) Maria C. Damato did, on or about August
7, 2004, knowingly make a false statement with purpose to secure the issuance
of a license or registration, to wit: Maria
C. Damato indicated on her pharmacist license renewal application that she
had not been the subject of disciplinary action by any state or federal agency
when in fact she had been formally admonished by the Pennsylvania Board of
Pharmacy. In fact, the Pennsylvania Board Order, dated March 3, 2004, indicated
that it was a “disciplinary action.” Such conduct is in violation of Section
2921.13 of the Ohio Revised Code.
CONCLUSION
OF LAW
The State Board of Pharmacy concludes that paragraph
(5) of the Findings of Fact constitutes being guilty of misrepresentation 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 notes the disciplinary action of the Pennsylvania Board of Pharmacy in
the matter of Maria C. Damato.
The motion was seconded by
Mr. Braylock and approved by the Board: Aye-8.
R-2005-188 Mrs. Eastman then moved that the Board deny the
request received from Donald Sutton,
through his attorney, that he be reinstated to the practice of pharmacy upon
complying with certain terms and conditions. The motion was seconded by Mrs.
Gregg and approved by the Board: Aye-8.
R-2005-189 After a discussion of the ddn Corporation’s APM product, Mr. Mitchell moved that the Board
find this concept to be approvable pending final inspection of the installed
product under the following conditions:
1. The
machine is to be accessible only when the pharmacy department is open for
business.
2. Access
to the machine by both staff and patients must be in compliance with the
Board’s definition of positive identification (4729-5-01(N) OAC).
3. Controlled substances may
be included in the medications in the machine.
4. The system may be used for
both new and refill prescriptions.
5. The system
must be physically attached to the Pharmacy Department with access only from
inside the business.
6. The system must comply
with all of the Board’s recordkeeping requirements.
7. The offer to
counsel must occur after the patient selects the products to be obtained.
The motion was seconded by Mr.
Braylock and approved by the Board: Aye-8.
1:00 p.m. Mr. Turner moved that the Board go into
Executive Session to investigate complaints regarding licensees and registrants
pursuant to Section 121.22(G)(1) of the Ohio Revised Code. The motion was
seconded by Mrs. Teater and a roll-call vote was taken by President Kost as
follows: Braylock – Yes, Giacalone – Yes,
Gregg – Yes, Kost – Yes, Lipsyc – Yes, Mitchell – Yes,
Teater – Yes, and Turner – Yes:
Aye – 8.
1:21 p.m. The
Executive Session ended and the meeting was opened to the public.
1:22 p.m. Mrs. Gregg moved that the Board receive Per
Diem as follows:
|
|
PER DIEM |
4/21 |
5/2 |
5/3 |
5/4 |
Total |
|
|
Braylock |
- |
1 |
1 |
1 |
3 |
|
|
Eastman |
- |
1 |
1 |
1 |
3 |
|
|
Giacalone |
1 |
1 |
1 |
1 |
4 |
|
|
Gregg |
1 |
1 |
1 |
1 |
4 |
|
|
Kost |
- |
1 |
1 |
1 |
3 |
|
|
Lipsyc |
- |
1 |
1 |
1 |
3 |
|
|
Mitchell |
- |
1 |
1 |
1 |
3 |
|
|
Teater |
- |
1 |
1 |
1 |
3 |
|
|
Turner |
- |
1 |
1 |
1 |
3 |
The motion was seconded by Mr.
Lipsyc and approved by the Board: Aye - 8
1:23 p.m. Mr. Turner moved that
the meeting be adjourned. The motion was seconded by Mr. Lipsyc and approved by
the Board: Aye - 8.
|
THE BOARD
APPROVED THESE MINUTES JUNE 7, 2005 |