RECORD OF THE PROCEEDINGS -- MARCH 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

March 8, 9, 10, 2004

MONDAY, MARCH 8, 2004

10:08 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:

Robert P. Giacalone, R.Ph. (President); Lawrence J. Kost, R.Ph. (Vice-President); Diane C. Adelman, R.Ph.; Gregory Braylock, R.Ph.; Elizabeth I. Gregg, R.Ph.; Nathan S. Lipsyc, R.Ph.; Dorothy S. Teater, Public Member; and James E. Turner, R.Ph.

Also present were William T. Winsley, Executive Director; William McMillen, Licensing Administrator; Mark Keeley, Legislative Affairs Administrator; David Rowland, Legal Affairs Administrator; Robert Cole, Compliance Supervisor; and Sally Ann Steuk, Assistant Attorney General.

10:11 a.m.

Mrs. Adelman 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 Mrs. Gregg and a roll call vote was conducted by President Giacalone as follows: Adelman-Yes, Braylock-Yes, Gregg-Yes, Kost-Yes, Lipsyc-Yes, Teater-Yes, and Turner-Yes.

11:20 a.m.

R-2004-151 The Executive Session ended and the meeting was opened to the public. Mr. Winsley announced that, pursuant to Section 3719.121(C) of the Revised Code, a Summary Suspension had been issued to Terrell Mundhenk, R.Ph. (03-3-08732) based upon a criminal conviction, and that Mr. Mundhenk has requested a modification of the terms set forth therein. Mr. Turner moved that the Board deny the request for a modification of the terms of the summary suspension in the matter of Terrell Mundhenk, R.Ph. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-7/Nay-0).

R-2004-152 Mr. Turner then moved that the Board propose an amendment to the settlement offer presented in the matter of Stephen Summers, R.Ph. and, if Mr. Summers accepts the amendments made by the Board, that the Board agree to settle the matter prior to a hearing. The motion was seconded by Mr. Braylock and approved by the Board (Aye-7/Nay-0).

R-2004-153 Mr. Turner next moved that the Board propose an amendment to the settlement offer presented in the matter of Elaine Woll, R.Ph. and, if Ms. Woll accepts the amendments made by the Board, that the Board agree to settle the matter prior to a hearing. The motion was seconded by Mr. Braylock and approved by the Board (Aye-6/Nay-1).

R-2004-154 Mr. Kost moved that the Board deny the settlement offer received in the joint matters of Elise Miller, R.Ph., Three Rivers O.P.T.I.O.N. Care, Inc., and Miller Pharmacy. The motion was seconded by Mrs. Gregg and approved by the Board (Aye-7/Nay-0).

11:30 a.m.

The Board recessed for lunch.

1:07 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:

1:10 p.m.

The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of creating a record in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of Nancy Lee Dawson, R.Ph., Uniontown.

1:14 p.m.

Board member Dorothy Teater arrived.

1:25 p.m.

The record was closed. The Board took a brief recess.

1:35 p.m.

The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of conducting an adjudication hearing in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of Jennifer L. Linville, R.Ph., Olmsted Township. Mr. Kost recused himself from the hearing and the resulting deliberations.

3:24 p.m.

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

3:40 p.m.

5:05 p.m.

The hearing ended and the record was closed. The Board meeting recessed until Tuesday, March 9, 2004.

tuesday, March 9, 2004

8:35 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:

Robert P. Giacalone, R.Ph. (President); Lawrence J. Kost, R.Ph. (Vice-President); Elizabeth I. Gregg, R.Ph.; Nathan S. Lipsyc, R.Ph.; Dorothy S. Teater, Public Member; and James E. Turner, R.Ph.

R-2004-155 Mr. Rowland presented a revised settlement offer received in the joint matters of Elise Miller, R.Ph., Three Rivers O.P.T.I.O.N. Care, Inc., and Miller Pharmacy. After discussion, Mr. Turner moved that the Board accept the settlement offer. The motion was seconded by Mr. Lipsyc and approved by the Board (Aye-5/Nay-0). The settlement will become final after it is signed by all parties.

8:43 a.m.

Board members Diane Adelman and Gregory Braylock arrived and joined the meeting in progress.

After a discussion of the draft minutes from the February 2, 3, 4, 2004 meeting, Mrs. Gregg moved that they be approved as amended. The motion was seconded by Mrs. Adelman and approved by the Board (Aye-7/Nay-0).

R-2004-156 The Board considered a request for an exemption from OAC Rule 4729-5-10 (Pickup station) received from the following sites:

Humility of Mary Health Partners/Warren (02-1428300)

HM Home Pharmacy/Austintown (02-0945950)

After discussion, Mr. Braylock moved that the Board approve the request. The motion was seconded by Mr. Kost and approved by the Board (Aye-7/Nay-0).

R-2004-157 The Board next considered a request for an exemption from OAC Rule 4729-5-10 (Pickup station) received from the following sites:

Lutheran Hospital (02-0031500)

Central Admixture Pharmacy Services (02-1312700)

After discussion, Mrs. Gregg moved that the Board approve the request. The motion was seconded by Mr. Braylock and approved by the Board (Aye-7/Nay-0).

R-2004-158 Mr. Keeley presented a list of individuals for potential appointment to the 2004 Ad Hoc Committee on Rule Review. These individuals had been suggested by outside sources or had indicated a personal interest in serving. After discussion, Mr. Braylock moved that the following individuals be appointed to the Ad Hoc Committee on Rule Review:

Larry Kost, Chair	Board Member
Betty Gregg	Board Member
Rachel Bihn	Kroger; Oregon
Tony Buchta	Central Ohio Compounding Pharmacy; Columbus
Tim Candy	Grant Medical Center; Columbus
Kathy Donley	Akron General Medical Center
Debbie Lange	Target; Springdale
Stephanie Peshek	Summa Health Systems Hospital; Akron
Jeff Potter	Clinical Apothecaries; Medina
Donald Schneider	Riverside Methodist Hospital; Columbus
William Smith	East Liverpool City Hospital

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

R-2004-159 Mr. McMillen presented a request from Kroger's for Board approval of a jurisprudence continuing pharmacy education program. After discussion, Mrs. Gregg moved that the Board grant jurisprudence credit for the program. The motion was seconded by Mr. Turner and approved by the Board (Aye-7/Nay-0).

Mr. Keeley discussed his Legislative Report with the Board.

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

10:13 a.m.

The Board took a brief recess.

10:24 a.m.

Mrs. Gregg moved that the Board go into Executive Session for the purpose of the investigation of complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the Revised Code. The motion was seconded by Mr. Kost and a roll call vote was conducted by President Giacalone as follows: Adelman-Yes, Braylock-Yes, Gregg-Yes, Kost-Yes, Lipsyc-Yes, Teater-Yes, and Turner-Yes.

11:30 a.m.

R-2004-160 The Executive Session ended and the meeting was opened to the public. Mr. Lipsyc moved that the Board adopt the following Order in the matter of Dennis Edward Chapin, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-030520-075)

In The Matter Of:

DENNIS EDWARD CHAPIN, R.Ph.

4641 Katie Lane

Oxford, Ohio 45056

(R.Ph. No. 03-1-14952)

INTRODUCTION

THE MATTER OF DENNIS EDWARD CHAPIN CAME FOR HEARING ON MARCH 8, 2004, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ROBERT P. GIACALONE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; GREGORY BRAYLOCK, R.Ph.; ELIZABETH I. GREGG, R.Ph.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph.; DOROTHY S. TEATER, PUBLIC MEMBER; AND JAMES E. TURNER, R.Ph.

DENNIS EDWARD CHAPIN WAS REPRESENTED BY F. JOSEPH SCHIAVONE AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

State’s Witnesses

1. Jesse Wimberly, Ohio State Board of Pharmacy

Respondent's Witnesses

1. Dennis Edward Chapin, R.Ph., Respondent

State's Exhibits

1. Copy of Summary Suspension Order/Notice of Opportunity For Hearing letter [05-20-03]

1A-1B. Procedurals

1C. Copy of Addendum Notice [10-21-03]

1D-1F. Procedurals

2. Copy of Oxford Township Police Department Incident Report No. 03-146 [04-14-03]

3. Copy of Butler County Sheriff’s Office Drug and Vice Investigations Unit Report of Investigation Report #03-146 [04-14-03]

4. Notarized Statement of Dennis Chapin [04-23-03]

5. Accountability Statements for Butalbital/ASA/Caff and for APAP/Codeine #4 at The Medicine Shoppe [05-01-03]

6. Copy of Dangerous Drug Distributor Inspection Report of Medicine Shoppe [05-01-03]; copy of response from Dennis Chapin [05-19-03]

7. Bill of Information [not dated]; Entry of Plea of Guilty to an Information [10-03-03]; Judgment Entry of Conviction [11-13-03]; Entry Re-Assigning Case to Drug Court [11-14-03]; Drug Court (CDAT) Participation Agreement [11-17-03]; State of Ohio vs. Dennis E. Chapin, Case No. CR03-09-1409, Butler County Common Pleas Court

Respondent's Exhibits

A1-A8. Bill of Information [not dated]; Jury Waiver [not dated]; Statutory Period Waiver [not dated]; Waiver of Right of Prosecution by Indictment, and Request for Filing of Information [not dated]; Waiver of Indictment [not dated]; Entry of Plea of Guilty to an Information [10-03-03]; Entry Re-Assigning Case to Drug Court [11-14-03]; Judgment Entry of Conviction [11-17-03]; State of Ohio vs. Dennis E. Chapin, Case No. CR03-09-1409, Butler County Common Pleas Court

B. Drug Court (CDAT) Participation Agreement [11-17-03]

C. Copy of Treatment Overview from Neil Trask, L.I.S.W. [01-14-04]

D. Copy of Treatment Plan for Dennis Chapin from Doug Ulrich, LISW, CCDCIII [06-05-03]

E. Copy of letter from Tiffany Berry [03-03-04]

F. Progress Report from Rae Johnson LSW, CCDCI [03-02-04]

G. Letter from Jeanne Valerio, Community Service Coordinator [03-08-04]

H. Support Group Attendance Records [05-20-03 to 02-28-04]

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 Dennis Edward Chapin was originally licensed by the State of Ohio as a pharmacist on March 22, 1983, pursuant to reciprocity, and that his license to practice pharmacy in Ohio was summarily suspended effective May 20, 2003. Records further reflect during the relevant time periods stated herein, Dennis Edward Chapin was the Responsible Pharmacist at Medicine Shoppe, 603 Main Street, Hamilton, 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) Dennis Edward Chapin is addicted to controlled substances, to wit: Dennis Edward Chapin has admitted to a Board agent that he is addicted to codeine (Tylenol #4), a Schedule III Controlled Substance, and butalbital (Fiorinal), a Schedule III Controlled Substance. Dennis Edward Chapin has stated that he began abusing drugs approximately 16 years ago, and for the past several years his use has escalated to approximately 20 to (22 tablets per day. Dennis Edward Chapin advised that he has diverted approximately 80,000 tablets over the sixteen-year time period. When experiencing withdrawal symptoms, he diverted up to 20 loperamide hydrochloride per day, and atropine sulfate/diphenoxylate hydrochloride, a Schedule V Controlled Substance, to relieve his symptoms.

(3) Dennis Edward Chapin did, on or about April 14, 2003, knowingly possess controlled substances when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: when Dennis Edward Chapin’s son was stopped by police in possession of the following drugs, Dennis Edward Chapin admitted to officers that the drugs belonged to him:

Drug	Strength	Schedule	Qty
butalbital, aspirin and caffeine	50 mg/325 mg/40 mg	III	8
acetaminophen and codeine	300 mg/60 mg	III	14
atropine sulfate and diphenoxylate hydrochloride	0.025 mg/2.5 mg	V	189

Such conduct is in violation of Section 2925.11 of the Ohio Revised Code.

(4) Dennis Edward Chapin did, on or about April 14, 2003, knowingly possess a dangerous drug when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: when Dennis Edward Chapin’s son was stopped by police in possession of 8 unit doses of sucralfate 1 g., Dennis Edward Chapin admitted to officers that the drugs belonged to him. Such conduct is in violation of Section 2925.11 of the Ohio Revised Code.

(5) Dennis Edward Chapin did, over the preceding 16 years, with purpose to deprive, knowingly obtain or exert control over dangerous drugs by deception, to wit: Dennis Edward Chapin diverted the following drugs from his pharmacy:

Drug	Qty
Keflex	300
Protuss DM	300
Zantac	11,680
Carafate	11,680
butalbital, aspirin and caffeine	8
acetaminophen and codeine	14
atropine sulfate and diphenoxylate hydrochloride	189
sucralfate	8

Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

CONCLUSIONS OF LAW

(1) The State Board of Pharmacy concludes that paragraphs (3) through (5) 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 (3) 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.

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

(4) The State Board of Pharmacy concludes that paragraphs (3) and (4) of the Findings of Fact constitute being guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of provisions of Chapter 2925. of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the Ohio Revised Code.

DECISION OF THE BOARD

Pursuant to Section 3719.121 of the Ohio Revised Code, the State Board of Pharmacy hereby removes the Summary Suspension Order issued to Dennis Edward Chapin on May 20, 2003.

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

(A) On the basis of the Findings of Fact and Conclusions of Law set forth above, the State Board of Pharmacy hereby suspends indefinitely the pharmacist identification card, No. 03-1-14952, held by Dennis Edward Chapin and such suspension is effective as of the date of the mailing of this Order.

(1) Dennis Edward Chapin, 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) Dennis Edward Chapin, 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 imposes a monetary penalty of two thousand five hundred dollars ($2,500.00) on Dennis Edward Chapin 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.

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

(A) Dennis Edward Chapin must enter into a new contract, signed within thirty days after the effective date of this Order, with an Ohio Department of Alcohol and Drug Addiction Services (ODADAS) treatment provider or a treatment provider acceptable to the Board for a period of not less than five years and, upon signing, mail a copy of the contract to the Board office. The contract must provide that:

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

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

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

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

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

(B) Dennis Edward Chapin 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.

(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, Dennis Edward Chapin must also show successful completion of the NAPLEX examination or an equivalent examination approved by the Board.

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

MOTION CARRIED.

SO ORDERED.

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

R-2004-161 Mr. Braylock moved that the Board adopt the following Order in the matter of Nancy Lee Dawson, R.Ph.:

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-031104-030)

In The Matter Of:

NANCY LEE DAWSON, R.Ph.

3755 Edison Street N.W.

Uniontown, Ohio 44685

(R.Ph. No. 03-2-12544)

INTRODUCTION

THE MATTER OF NANCY LEE DAWSON CAME FOR CONSIDERATION ON MARCH 8, 2004, BEFORE THE FOLLOWING MEMBERS OF THE BOARD: ROBERT P. GIACALONE, R.Ph. (presiding); DIANE C. ADELMAN, R.Ph.; GREGORY BRAYLOCK, R.Ph.; ELIZABETH I. GREGG, R.Ph.; LAWRENCE J. KOST, R.Ph.; NATHAN S. LIPSYC, R.Ph.; AND JAMES E. TURNER, R.Ph.

NANCY LEE DAWSON WAS NOT PRESENT NOR WAS SHE REPRESENTED BY COUNSEL, AND THE STATE OF OHIO WAS REPRESENTED BY SALLY ANN STEUK, ASSISTANT ATTORNEY GENERAL.

SUMMARY OF EVIDENCE

State’s Witnesses

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

Respondent's Witnesses

None

State's Exhibits

1. Copy of Summary Suspension Order/Notice of Opportunity For Hearing letter [11-04-03]

1A. Procedural

2. Chapel Hill Pharmacy Investigation Summary [10-09-03]

3. Statement of Nancy L. Dawson [10-08-03]

4. Statement of Joyce Stutler [10-08-03]

5. Statement of Tamara L. Hacker [10-08-03]

6. Number-On-Hand Accountability Sheet for Fiorinal and Provigil at Kaiser Foundation Health Plan Pharmacy [10-10-03]

7. Invoice Summary for Butalbital/ASA/Caff at Kaiser Foundation Health Plan Pharmacy [05-02-03 to 10-08-03]

8. Invoice Summary for Fiorinal at Kaiser Foundation Health Plan Pharmacy [08-26-02 to 05-02-03]

9. Copy of Schedule II Drug Inventory for Butalbital/ASA/Caff at Kaiser Foundation Health Plan Pharmacy [09-25-03 to 10-08-03]

10. Copy of hand-written inventory [09-11-03 to 09-25-03]

11. Inventory of butalbital/ASA/Caffeine at Kaiser Foundation Health Plan Pharmacy [08-26-02 to 10-10-03]

12. Copy of Dangerous Drug Distributor Inspection Report for Nancy L. Dawson, R.Ph. [10-14-03]

13. Copy of Kaiser Foundation Health Chapel Hill Invoice, No. 049-417102, from AmerisourceBergen [05-02-03]

14. Copy of Kaiser Foundation Health Chapel Hill Invoice, No. 049-387136, from AmerisourceBergen [04-15-03]

15. Notarized Statement of Nancy L. Dawson [10-14-03]

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 November 4, 2003, Nancy Lee Dawson 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 November 6, 2003, Nancy Lee Dawson received the letter of November 4, 2003, informing her of the allegations against her and her rights.

(3) Nancy Lee Dawson has not responded in any manner to the letter of November 4, 2003, 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 Nancy Lee Dawson was originally licensed by the State of Ohio as a pharmacist on August 9, 1978, pursuant to examination, and that her license to practice pharmacy in Ohio was summarily suspended effective November 4, 2003.

(5) Nancy Lee Dawson did, from August 26, 2002, through September 15, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Kaiser Foundation Health Plan Pharmacy, beyond the express or implied consent of the owner, to wit: Nancy Lee Dawson admittedly stole 3,881 tablets of Fiorinal, a Schedule III Controlled Substance. Nancy Lee Dawson was observed stealing and abusing the drugs while practicing pharmacy. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code

(6) Nancy Lee Dawson did, on or about September 15, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Kaiser Foundation Health Plan Pharmacy, beyond the express or implied consent of the owner, to wit: Nancy Lee Dawson was observed stealing 103 tablets of Fiorinal, a Schedule III Controlled Substance. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(7) Nancy Lee Dawson did, on or about September 16, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Kaiser Foundation Health Plan Pharmacy, beyond the express or implied consent of the owner, to wit: Nancy Lee Dawson was observed stealing 100 tablets of Fiorinal, a Schedule III Controlled Substance. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(8) Nancy Lee Dawson did, on or about September 17, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Kaiser Foundation Health Plan Pharmacy, beyond the express or implied consent of the owner, to wit: Nancy Lee Dawson was observed stealing 100 tablets of Fiorinal, a Schedule III Controlled Substance. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(9) Nancy Lee Dawson did, on or about September 20, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Kaiser Foundation Health Plan Pharmacy, beyond the express or implied consent of the owner, to wit: Nancy Lee Dawson was observed stealing 6 tablets of Fiorinal, a Schedule III Controlled Substance. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(10) Nancy Lee Dawson did, on or about September 22, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Kaiser Foundation Health Plan Pharmacy, beyond the express or implied consent of the owner, to wit: Nancy Lee Dawson was observed stealing 100 tablets of Fiorinal, a Schedule III Controlled Substance. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(11) Nancy Lee Dawson did, on or about September 23, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Kaiser Foundation Health Plan Pharmacy, beyond the express or implied consent of the owner, to wit: Nancy Lee Dawson was observed stealing 6 tablets of Fiorinal, a Schedule III Controlled Substance. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(12) Nancy Lee Dawson did, on or about September 24, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Kaiser Foundation Health Plan Pharmacy, beyond the express or implied consent of the owner, to wit: Nancy Lee Dawson was observed stealing 3 tablets of Fiorinal, a Schedule III Controlled Substance. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(13) Nancy Lee Dawson did, on or about September 25, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Kaiser Foundation Health Plan Pharmacy, beyond the express or implied consent of the owner, to wit: Nancy Lee Dawson was observed stealing 7 tablets of Fiorinal, a Schedule III Controlled Substance. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(14) Nancy Lee Dawson did, on or about September 26, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Kaiser Foundation Health Plan Pharmacy, beyond the express or implied consent of the owner, to wit: Nancy Lee Dawson was observed stealing 3 tablets of Fiorinal, a Schedule III Controlled Substance. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(15) Nancy Lee Dawson did, on or about September 29, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Kaiser Foundation Health Plan Pharmacy, beyond the express or implied consent of the owner, to wit: Nancy Lee Dawson was observed stealing 8 tablets of Fiorinal, a Schedule III Controlled Substance. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.

(16) Nancy Lee Dawson did, on or about October 1, 2003, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of the Kaiser Foundation Health Plan Pharmacy, beyond the express or implied consent of the owner, to wit: Nancy Lee Dawson was observed stealing 3 tablets of Fiorinal, a Schedule III Controlled Substance. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code.