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Mins 08090607

Mins 08090607

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Published by James Lindon
This public document is provided as a courtesy by: James Lindon, Pharm.D., Ph.D. Pharmacy Law Attorney Lindon & Lindon, LLC 35104 Saddle Creek Cleveland (Avon), Ohio 44011-4907, Phone: 440-333-0011, Fax: 419-710-4925, http://www.lindonlaw.com/
This public document is provided as a courtesy by: James Lindon, Pharm.D., Ph.D. Pharmacy Law Attorney Lindon & Lindon, LLC 35104 Saddle Creek Cleveland (Avon), Ohio 44011-4907, Phone: 440-333-0011, Fax: 419-710-4925, http://www.lindonlaw.com/

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Published by: James Lindon on Jul 15, 2011
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12/26/2012

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Note: These Minutes are provided for informational purposes only.
 
 
If you would like to obtain an official copy of the Minutes, please contactthe State Board of Pharmacy at 614-466-4143 for instructions and fee information.
Ohio State Board of Pharmacy 77 South High Street, Room 1702 Columbus, Ohio 43215-6126telephone: 614-466-4143 fax: 614-752-4836 email: exec@bop.state.oh.us
 
Minutes of the September 8-10, 2008Meeting of the Ohio State Board of Pharmacy
 
Monday, September 8, 2008
10:00 a.m. The Ohio State Board of Pharmacy convened in Room East B, 31
st
Floor, of the Vern RiffeCenter for Government and the Arts, 77 South High Street, Columbus, Ohio, with the followingmembers present:Nathan S. Lipsyc, R.Ph.,
 President
; Elizabeth I. Gregg, R.Ph.,
Vice-President
; GregoryBraylock, R.Ph.; Donald M. Casar, R.Ph.; Barton G. Kaderly, Public Member; Richard F.Kolezynski, R.Ph.; Deborah A. Lange, R.Ph.; and Jerome J. Wiesenhahn, R.Ph.Also present were William T. Winsley,
 
Executive
 
 Director
;
Timothy Benedict,
 Assistant
 
Executive Director
;
William McMillen,
Licensing Administrator
; Mark Keeley,
Legislative Affairs Administrator
; Chris Reed,
Compliance Supervisor
; David Rowland,
Legal Affairs Administrator
; Danna Droz,
 Prescription Drug Monitoring Program Director
; and SallyAnn Steuk,
 Assistant Attorney General
.
R-2009-030
 
Mr. Winsley announced that the following Settlement Agreement with
Hannan Laikos
, R.Ph.(03-3-17097), Wadsworth, Ohio, has been signed by all parties and is now effective.
SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY
Docket Number D-080709-004
in the matter of 
:
HANNAN LAIKOS, R.Ph.
471 Allen DriveWadsworth, Ohio 44281R.Ph. Number 03-3-17097This Settlement Agreement is entered into by and between Hannan Laikos andthe Ohio State Board of Pharmacy, a state agency charged with enforcing thePharmacy Practice Act and Dangerous Drug Distribution Act, Chapter 4729. ofthe Ohio Revised Code.Hannan Laikos voluntarily enters into this Agreement being fully informed of herrights afforded under Chapter 119. of the Ohio Revised Code, including the rightto representation by counsel, the right to a formal adjudication hearing on theissues contained herein, and the right to appeal. Hannan Laikos acknowledgesthat by entering into this agreement she has waived her rights under Chapter119. of the Revised Code.Whereas, the Board is empowered by Section 4729.16 of the Ohio Revised Codeto 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 ofthe enumerated grounds therein.Whereas, Hannan Laikos is licensed to practice pharmacy in the State of Ohio.Whereas, on or about July 8, 2008, pursuant to Chapter 119. of the Ohio RevisedCode, Hannan Laikos
 
was notified of the allegations or charges against her, herright to a hearing, her rights in such hearing, and her right to submit contentionsin writing. Hannan Laikos
 
requested a hearing; it was scheduled. The July 8,2008 Notice of Opportunity for Hearing contains the following allegations orcharges:(1) Records of the State Board of Pharmacy indicate that Hannan Laikos wasoriginally licensed by the State of Ohio as a pharmacist on August 3, 1987,pursuant to examination, and is currently licensed to practice pharmacy inOhio.(2) Hannan Laikos did, on or about April 10, 2007, misbrand a drug, to wit: whenHannan Laikos received a prescription for 180 doses of Zonegran 25 mg,with directions for use as 3 by mouth two times per day, having 12 refills, Rx#16050445, Hannan Laikos dispensed 120 doses of zonisamide 100 mg,which had not been specifically prescribed by the physician. The patient a 6-year-old child, was subsequently hospitalized. Such conduct is in violation ofSection 3715.52(A)(2) of the Ohio Revised Code.Hannan Laikos neither admits nor denies the allegations stated in the Notice ofOpportunity for Hearing letter dated July 8, 2008; however, the Board hasevidence sufficient to sustain the allegations and hereby adjudicates the same.Wherefore, in consideration of the foregoing and mutual promises hereinafter setforth, and in lieu of a formal hearing at this time, Hannan Laikos
 
knowingly andvoluntarily agrees with the State Board of Pharmacy to the following:(A) Hannan Laikos agrees to the imposition of a monetary penalty of twohundred fifty dollars ($250.00) due and owing within thirty days from theeffective date of this Agreement. Checks should be made payable to the“Treasurer, State of Ohio” and mailed with the enclosed form to the StateBoard of Pharmacy, 77 South High Street, Room 1702, Columbus, Ohio43215-6126.(B) Hannan Laikos must obtain, within one year from the effective date of thisAgreement, ten hours of continuing pharmacy education (1.0 CEUs) onpreventing medication errors, which may not also be used for licenserenewal.Hannan Laikos acknowledges that she has had an opportunity to ask questionsconcerning the terms of this agreement and that all questions asked have beenanswered in a satisfactory manner. Any action initiated by the Board based onalleged violation of this Agreement shall comply with the AdministrativeProcedure Act, Chapter 119. of the Ohio Revised Code.Hannan Laikos waives any and all claims or causes of action she may haveagainst 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 thisAgreement. Hannan Laikos waives any rights of appeal pursuant to Chapter119. of the Ohio Revised Code.
 
This Settlement Agreement shall be considered a public record, as that term isused in Section 149.43 of the Ohio Revised Code, and shall become effectiveupon the date of the Board President’s signature below. /s/ Hannan Laikos, R.Ph., Date Signed: 08/25/08
Respondent 
  /s/ Nathan S. Lipsyc Date Signed: 09/08/08
President 
;
Ohio State Board of Pharmacy 
  /s/ Sally Ann Steuk Date Signed: 09/08/08
Ohio Assistant Attorney General 
 10:01 a.m. Mrs. Gregg moved that the Board go into Executive Session for the purpose of the investigationof complaints regarding licensees and registrants pursuant to Section 121.22(G)(1) of the OhioRevised Code and to confer with an attorney for the Board regarding pending or imminent courtaction pursuant to Section 121.22(G)(3) of the Ohio Revised Code. The motion was secondedby Mr. Braylock and a roll-call vote was conducted by President Lipsyc as follows: Braylock – 
 yes
; Casar – 
 yes
; Gregg – 
 yes
; Kaderly – 
 yes
; Kolezynski – 
 yes
;
 
Lange – 
 yes
; and Wiesenhahn – 
 yes
.11:03 a.m. The Executive Session ended and the meeting was opened to the public.
R-2009-031
Mr. Braylock moved that the following settlement offer in the matter of
John C. Brungart
, R.Ph.(03-1-11035) Granville, Ohio, be accepted, signed by the President, and become effectiveimmediately. The motion was seconded by Mrs. Gregg and approved by the Board:
 Aye
– 7.
SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACYVOLUNTARY SURRENDER WITH DISCIPLINARY ACTIONPENDING PERMANENT SURRENDER
Docket Number D-080813-016
in the matter of 
:
JOHN C. BRUNGART, R.Ph
.230 East College StreetGranville, Ohio 43023R.Ph. Number 03-1-11035This Settlement Agreement is entered into by and between John C. Brungart andthe Ohio State Board of Pharmacy, a state agency charged with enforcing thePharmacy Practice Act and Dangerous Drug Distribution Act, Chapter 4729. ofthe Ohio Revised Code.John C. Brungart enters into this Agreement being fully informed of his rightsafforded under Chapter 119. of the Ohio Revised Code, including the right torepresentation by counsel and the right to a formal adjudication hearing on theissues contained herein.John C. Brungart is knowingly and voluntarily acknowledging that, in order tosettle the disciplinary charges that have been filed by the Board against him andin order to obviate the need to conduct an administrative hearing to considerpossible disciplinary sanctions against John C. Brungart’s license to practicepharmacy in the State of Ohio, this Agreement is entered into on the basis of thefollowing stipulations, admissions, and understandings:

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