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

December 6, 7, 8, 2004

 

MONDAY, DECEMBER 6, 2004

 

10:01 a.m.     ROLL CALL

 

The State Board of Pharmacy convened in Room West-B&C, 31st Floor, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with the following members present:

 

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

 

Mr. Rowland announced that the following Settlement Agreement had been signed by all parties and was now effective:

 

R-2005-090                               SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY

(Docket No. D-030307-061)

 

In The Matter Of:

 

RICHARD DAVID SWEET, R.Ph.

5704 Onaway Oval

Parma, Ohio 44130

(R.Ph. No. 03-2-07715)

 

This Settlement Agreement is entered into by and between Richard David Sweet and the Ohio State Board of Pharmacy, a state agency charged with enforcing the Pharmacy Practice Act and Dangerous Drug Distribution Act, Chapter 4729. of the Ohio Revised Code.

 

Richard David Sweet 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.  Richard David Sweet acknowledges that by entering into this agreement he has waived his rights under Chapter 119. of the Revised Code.

 

Whereas, the Board is empowered by Section 4729.16 of the Ohio Revised Code to suspend, revoke, place on probation, refuse to grant or renew an identification card or enforce a monetary penalty on the license holder for violation of any of the enumerated grounds therein.

 

Whereas, Richard David Sweet is licensed to practice pharmacy in the State of Ohio.

 

Whereas, on or about March 7, 2003, pursuant to Chapter 119. of the Ohio Revised Code, Richard David Sweet 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.  Richard David Sweet requested a hearing; it was scheduled and continued.  The March 7, 2003, Notice of Opportunity for Hearing contains the following allegations or charges:

 

(1)    Records of the Board of Pharmacy indicate that Richard David Sweet was originally licensed in the State of Ohio on August 20, 1962, pursuant to examination, and is currently licensed to practice pharmacy in the State of Ohio.  Records further reflect that Richard David Sweet was previously disciplined by the Board on January 31, 1995.

 

(2)    Richard David Sweet did, on or about November 7, 2002, knowingly cause another to believe that he would cause him serious physical harm, to wit: while practicing pharmacy at Rite Aid in Cleveland, Richard David Sweet told a customer: "I'll punch you in the [expletive] nose" and "you'll need more than Valium."  The customer feared for his safety.  Such conduct is in violation of Section 2903.21 of the Ohio Revised Code.

 

(3)    Richard David Sweet 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: Richard David Sweet has admitted to a Board agent that he has threatened a customer of the pharmacy; Richard David Sweet has been observed to be rude and threatening to this and other customers as well as to an employee of the pharmacy; and Richard David Sweet has been observed to be "acting weird" while practicing pharmacy to such an extent that a pharmacy employee begged management not to force him/her to work with him.

 

Richard David Sweet denies the allegations in paragraph 3; the Board having received evidence from Richard David Sweet to the contrary of paragraph 3, dismisses paragraph 3 with prejudice.

 

Richard David Sweet, for the purposes of this Settlement Agreement, neither admits nor denies the factual allegations stated in paragraph 2, but admits that on or about November 7, 2002 he had a verbal confrontation with a customer of the Rite Aid Pharmacy, where he was then working.

 

Whereas, the Board has evidence sufficient to sustain the allegations of paragraph 1, and has sufficient evidence that the verbal confrontation that Richard David Sweet had with a customer of the Rite Aid Pharmacy, where he was then working, which forms the factual basis of paragraph 2, constituted a violation of Section 4729.16(A)(2) of the Ohio Revised Code, 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, Richard David Sweet knowingly and voluntarily agrees with the State Board of Pharmacy to the following:

 

(A)    Richard David Sweet agrees to the imposition of a monetary penalty of two hundred fifty dollars ($250.00) due and owing within thirty 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, Room 1702, Columbus, Ohio 43215-6126.

 

If, in the judgment of the Board, Richard David Sweet 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.

 

Richard David Sweet acknowledges that he has had an opportunity to ask questions con­cerning the terms of this agreement and that all questions asked have been answered in a satisfactory manner.  Any action initiated by the Board based on alleged violation of this Agreement shall comply with the Administrative Procedure Act, Chapter 119. of the Ohio Revised Code.

 

Richard David Sweet waives any and all claims or causes of action he may have against the State of Ohio or the Board, and members, officers, employees, and/or agents of either, arising out of matters which are the subject of this Agreement. Richard David Sweet waives any rights of appeal pursuant to Chapter 119. of the Ohio Revised Code.

 

This Settlement Agreement shall be considered a public record, as that term is used in Sec­tion 149.43 of the Ohio Revised Code, and shall become effective upon the date of the Board Presi­dent’s signature below.

/s/         Richard David Sweet

 

/d/      11/30/04

 

Richard David Sweet, R.Ph., Respondent

 

Date of Signature

 

/s/         Jules N. Koach

 

/d/      11/30/04

 

Jules N. Koach, Attorney for Respondent

 

Date of Signature

 

/s/         Lawrence J. Kost

 

/d/      12/6/04

 

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

 

Date of Signature

 

/s/         Sally Ann Steuk

 

/d/      12/6/04

 

Sally Ann Steuk, Ohio Assistant Attorney General

 

Date of Signature

 

10:05 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: Eastman-Yes, Giacalone-Yes, Gregg-Yes, Lipsyc-Yes, Mitchell-Yes, Teater-Yes, and Turner-Yes.

10:10 a.m.

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

11:45 a.m.

R-2005-091    The Executive Session ended and the meeting was opened to the public.  Mr. Turner moved that the Board deny the request for reconsideration of the Board’s fine that was part of the Board’s Order in the matter of Maynard Turner.  The motion was seconded by Ms. Eastman and approved by the Board (Aye-8/Nay-0).

 

R-2005-092    Ms. Eastman then moved that the Board accept the settlement offer received in the matter of CVS/pharmacy #3458 as long as the changes suggested by the Board are accepted by CVS/pharmacy #3458.  The motion was seconded by Mr. Turner and approved by the Board (Aye-5/­Nay-3).  The settlement will become official upon the signature of all parties.

 

R-2005-093    Ms. Eastman next moved that the Board accept the settlement offer received in the matter of Dwayne Varner, R.Ph.  The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).  The settlement will become official upon the signature of all parties.

11:53 a.m.

The Board recessed for lunch.

  1:30 p.m.

The Board reconvened in Room West-B&C, 31st Floor, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio with the following members present:

 

Lawrence J. Kost, R.Ph. (President); Suzanne R. Eastman, R.Ph. (Vice-President); Gregory Braylock, R.Ph.; 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.

 

Mr. Winsley announced that the arrangements for the July, 2005 Board meeting had been completed.  The meeting will be held at the Geneva State Park Lodge.

 

R-2005-094    Mr. McMillen presented a request for approval as a provider of continuing pharmacy education (CPE) from the Wood County Hospital/Bowling Green.  After discussion, Mrs. Gregg moved that the Board approve the Wood County Hospital/Bowling Green as a Board approved provider of CPE.  The motion was seconded by Ms. Eastman and approved by the Board (Aye-8/Nay-0).

 

R-2005-095    The Board then considered a request for an exemption from the prohibition in Rule 4729-5-10 (Prescription pick-up station) received from the following sites:

 

Cleveland Clinic Children’s Hosp. for Rehabilitation (02-0035750)

Central Admixture Pharmacy Services (02-1312700)

 

After discussion, Mr. Giacalone 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. Gregg and approved by the Board (Aye-8/Nay-0).

 

R-2005-096    The Board next considered a request for an exemption from the prohibition in Rule 4729-5-10 (Prescription pick-up station) received from the following sites:

 

Teregen Laboratories (02-1235150)

Various Physician's Offices contained in the letter of request

 

After discussion, Mr. Braylock 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. Gregg and approved by the Board (Aye-8/Nay-0).

 

R-2005-097    Mr. Keeley presented a request for Board approval of a change to WebMD's current method of transmission of electronic prescriptions.  After discussion, Mr. Braylock moved that the Board find the WebMD transmission system approvable pending final inspection of the installed product.  The motion was seconded by Mr. Mitchell and approved by the Board (Aye-8/Nay-0).

 

R-2005-098    Mr. Keeley then presented a request for Board approval of an electronic prescribing sys­tem from Mount Carmel Health System.  After discussion, Mrs. Gregg moved that the Board find the Mount Carmel Health System’s electronic prescribing system approvable pending final inspection of the installed product.  The motion was seconded by Mr. Giacalone and approved by the Board (Aye-8/Nay-0).

 

R-2005-099    Mr. Keeley next presented a request for Board approval of an electronic prescribing sys­tem from Achieve Matrix electronic prescription system for use in nursing homes.  After discussion, Mr. Mitchell moved that the Board find the Achieve Matrix electronic prescrib­ing system approvable pending final inspection of the installed product.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

  2:05 p.m.

The Board moved to Room 1952 to conduct a Public Rules Hearing on the proposed new and revised rules previously approved for filing by the Board.

  2:40 p.m.

The Public Rules Hearing ended and the Board returned to Room West-B&C to continue their normal business.

 

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

 

After a discussion of the draft minutes from the November 8-10, 2004 meeting, Mr. Turner moved that they be approved as written.  The motion was seconded by Mrs. Gregg and approved by the Board (Aye-8/Nay-0).

 

The Board then discussed the written and oral comments regarding the proposed new and revised rules received at the Public Rules Hearing.  The Board took no official action to change or alter the rules based on the comments received.

  4:20 p.m.

The Board meeting was recessed until Tuesday, December 7, 2004.

 

 

TUESDAY, DECEMBER 7, 2004

 

  9:35 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:

 

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.

 

There was no report on the Nursing Board’s Committee on Prescriptive Governance for this month.

 

R-2005-100    Mr. Keeley presented a request for Board approval of an electronic prescribing system from Bluefish Electronic Prescribing.  After discussion, Mrs. Gregg moved that the Board find the Bluefish system approvable pending final inspection of the installed product.  The motion was seconded by Mr. Braylock and approved by the Board (Aye-8/Nay-0).

 

Mr. Keeley discussed his Legislative report with the Board.

10:20 a.m.

The Board took a brief recess.

10:31 a.m.

The Board was joined by Assistant Attorney General Sally Ann Steuk for the purpose of conducting an adjudication hearing in accordance with Ohio Revised Code Chapters 119. and 4729. in the matter of John James Ragaji, R.Ph., Akron.

12:05 p.m.

The hearing was recessed for lunch.

  1:30 p.m.

R-2005-101    Mr. McMillen met with the candidates for licensure by reciprocity in Room South-A, 31st Floor, Vern Riffe Center for Government and the Arts, 77 South High Street, Columbus, Ohio.  Following 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.

 

TODD MATTHEW ECKEL

03-2-26512

NEW JERSEY

JUDITH KAY GAGNON

03-2-26550

PENNSYLVANIA

DANIELLE HELEN MARIA HUFFMAN

03-2-26569

MARYLAND

MICHELLE RENEE KOTTEN

03-2-26577

COLORADO

ROSALIND MONTGOMERY

03-2-26581

NEBRASKA

VIKRAM P. SHAH

03-2-26472

ILLINOIS

MARK ANTHONY SHELBY

03-2-26583

ALABAMA

  1:32 p.m.

The Board reconvened in Room West-B&C to continue the hearing in the matter of John James Ragaji, R.Ph.

  2:13 p.m.

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

  2:27 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 Donald Christopher Hart, R.Ph., Port Washington.

  4:48 p.m.

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

  4:49 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. 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.

  5:10 p.m.

The Executive Session ended.  The meeting was recessed until Wednesday, December 8, 2004.

 

 

WEDNESDAY, DECEMBER 8, 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); 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.

  8:02 a.m.

Mr. Braylock 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. 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.

  8:40 a.m.

R-2005-102    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 John James Ragaji, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-040823-017)

 

In The Matter Of:

 

JOHN JAMES RAGAJI, R.Ph.

1730 Hickory Hill Drive

Columbus, Ohio 43228

(R.Ph. No. 03-2-15678)

 

INTRODUCTION

 

THE MATTER OF JOHN JAMES RAGAJI CAME FOR-HEARING ON DECEMBER 7, 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.

 

JOHN JAMES RAGAJI 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.  None

 

Respondent's Witnesses

 

1.  Stephen D. Harris, R.Ph.

2.  John James Ragaji, R.Ph., Respondent

3.  Nicholas S. Ragaji, R.Ph.

4.  Raleigh Smith, R.Ph.

 

State's Exhibits

 

1.  Reinstatement Hearing Request letter from Daniel D. Connor  [08-19-04]

1A-1C.  Procedurals

2.  State Board of Pharmacy Settlement Agreement in re John James Ragaji, R.Ph. [07-13-99]

2A.  Complaint and Mayor's File record, City of Norton vs. John Ragaji, Case No. 96-TRD-55253, Norton Mayor’s Court  [02-04-96 to 03-18-96]

3.  Final Disposition Court Record, City of Cuyahoga Falls vs. John J. Ragaji, Case No. 97TRC13834, Cuyahoga Falls Municipal Court District  [05-21-98]

4.  Notarized Statement of John James Ragaji  [06-22-98]

5.  Transcribed conversation between John James Ragaji and Paul J. Kover  [06-22-98]

6.  Woodmere Police Department Crime or Incident Report Complaint No. 97-0007  [01-07-97]; Statement and Affidavit of Damita Freeman Jones  [01-06-97]; Commitment, Mitti­mus and Sentence, State of Ohio vs. John James Ragaji, Case No. 97CRB00071, Bedford Municipal Court  [05-20-97]; Village of Woodmere Mayor's Court Receipt No. 13564 for Paid Fine by John James Ragaji  [06-10-97]

7.  Renewal Application for Pharmacist License of John James Ragaji  [07-21-96]

8.  Renewal Application for Pharmacist License of John James Ragaji  [08-11-97]

9.  Accusation, Board of Pharmacy, Department of Consumer Affairs, State of California, In the Matter of the Accusation Against:  John Ragaji, John James Ragaji, Case No. 2580  [10-18-02]; Default Decision and Order  [02-08-03]

 

Respondent's Exhibits

 

AI.   PRO Pharmacist’s Recovery Contract for John Ragaji  [10-15-02]

A2.  Copy of Ohio State Board of Pharmacy Minutes in re John James Ragaji’s Settlement Agreement effective July 13, 1999, Res. No. 2000-010  [08-04-99]

A3.  Letter from Patricia F. Harris to John Ragaji  [01-09-03]; Declaration of Service by Certified Mail No. 7001 1140 0000 4651 8776  [01-09-03]; California State Board of Pharmacy Default Decision and Order in re John Ragaji, John James Ragaji  [02-08-03]; Accusation  [10-18-02]

A4.  Springbrook Northwest Medical Record for John Ragaji  [08-01-01 to 11-26-01]

A5.  Letter from Daniel D. Connor  [12-02-04]; Accurate Assessments Medical Record for John Raguji(sic)  [11-21-02]

A6.  Compass Vision, Inc. Licensee Summary Report for John Ragaji  [01-16-03 to 11-08-04]; Compass Vision Drug Panel 3  [not dated]; E-mail letter from Michael D. Quigley to Daniel Connor  [11-23-04]

A7.  Drug Testing Custody and Control Forms  [01-16-03 to 09-14-04]

A8.  Support Group Attendance Records  [10-13-02 to 10-31-04]

A9.  Summary Reports of Continuing Pharmacy Education Exam History from U.S. Pharmacist  [04-10-98 to 07-11-04] and from PoweRx-Pak C.E.  [01-09-03 to 03-07-04]; five Continuing Pharmaceutical Education Certificates  [04-27-03 to 04-25-04]

A10. California State Driving History Report No. A4766474  [11/24/04]; Ohio Bureau of Motor Vehicles Abstract Driver Records for John J. Ragaji  [11-30-04]

A11. Nine letters of Support  [01-09-03 to 10-26-04]; Hope Group Certificate of Apprecia­tion  [10-24-04]

B.  Support Group Attendance Records  [11-01-04 to 12-01-04]

 

FINDING 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 that John James Ragaji has not complied with the terms set forth in the Settlement Agreement with the State Board of Phar­macy, Docket No. D-990305-036, effective July 13, 1999, nor has he demon­strated satisfactory proof to the Board that he is no longer addicted to or abusing liquor or drugs or impaired physically or mentally to such a degree as to render him unfit to practice pharmacy.

 

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 denies the reinstatement of the pharmacist identi­fication card, No. 03-2-15678, held by John James Ragaji to practice pharmacy in Ohio.  Pur­suant to Rule 4729-9-01(F) of the Ohio Administrative Code, John James Ragaji may not be employed by or work in a facility licensed by the State Board of Pharmacy to possess or distri­bute dangerous drugs during suspension.

 

Further, two years from the effective date of this Order, the Board will consider any petition filed by John James Ragaji 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)  John James Ragaji 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.

 

(B)  John James Ragaji 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, 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)  Alcohol must be added to the standard urine drug screen.  A Breath­alyzer may be used to test for alcohol, but an appropriately certified indi­vidual must conduct the test within twelve hours of notification.

 

(c)  Results of all drug and alcohol screens must be negative.  Re­fusals of urine screens or diluted urine screens are 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.

 

(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.

 

(C)  John James Ragaji must demonstrate satisfactory proof to the Board that he is no longer addicted to or abusing liquor or drugs or impaired physically or mentally to such a de­gree as to render him unfit to practice pharmacy.

 

(D)  John James Ragaji must provide, at the reinstatement petition hearing, docu­men­tation of the following:

 

(1)  Compliance with the licensed psychiatrist's or psychologist's recom­mended treatment plan;

 

(2)  A report by the licensed psychiatrist or psychologist regarding John James Ragaji's fitness for readmission into the practice of pharmacy;

 

(3)  Taking and passing, no more than six months prior to his reinstate­ment hear­ing, the Multistate Pharmacy Jurisprudence Examination (MPJE) or an equi­valent exami­na­tion approved by the Board;

 

(4)  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.);

 

(5)  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;

 

(6)  Compliance with the terms of this Order.

 

Upon such time as the Board may consider reinstatement, John James Ragaji 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.

 

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-8/Nay-0).

 

R-2005-103    Ms. Eastman moved that the Board adopt the following Order in the matter of Donald Christopher Hart, R.Ph.:

 

ORDER OF THE STATE BOARD OF PHARMACY

(Docket No. D-040202-054)

 

In The Matter Of:

 

DONALD CHRISTOPHER HART, R.Ph.

4882 West Hill Road, CR 31

Port Washington, Ohio 43837

(R.Ph. No. 03-1-12131)

 

INTRODUCTION

 

THE MATTER OF DONALD CHRISTOPHER HART CAME FOR HEARING ON DECEMBER 7, 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.

 

DONALD CHRISTOPHER HART 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

 

1.  David Gallagher, Ohio State Board of Pharmacy

 

Respondent's Witnesses

 

1.  Donald Christopher Hart, R.Ph., Respondent

2.  Richard A. Kryc, R.Ph.

3.  Tom Foti, R.Ph.

4.  Reverend Ronald Davis