ELISE MILLER, Plaintiff-Appellant,
v.
OHIO STATE BOARD OF PHARMACY, Defendant-Appellee.
Court of Appeals of Ohio, Fifth District, Coshocton County.
MICHAEL L. CLOSE, DALE D. COOK, 300 Spruce Street, Floor One, Columbus, OH 43215-1173, For Plaintiff-Appellant.
TRACY GREUEL NAVE, 77 South High Street, Room 1702, Columbus, OH 43230, For Defendant-Appellee.
Before: Patricia A. Delaney, P.J., Sheila G. Farmer, J. and John W. Wise, J.
OPINION
FARMER, J.
{¶1} Appellant, Elise Miller, became a licensed pharmacist in 1979. She owned and operated two pharmacies, Miller Pharmacy which was a retail pharmacy and Three Rivers which provided specialty infusion products. The pharmacies where right next to each other.
{¶2} In 2008, the FBI searched Three Rivers and seized many documents. Three Rivers went bankrupt and was closed by the bankruptcy trustee on April 1, 2009.
{¶3} In April and May of 2009, two investigators from the Ohio State Pharmacy Board, Louis Mandi and David Gallagher, conducted surprise inspections of the pharmacies. Pursuant to a letter from the Board dated March 10, 2010, appellant was charged with 23 counts of misbranding drugs, adulteration of drugs, and failure to keep accurate records. An administrative hearing before the Board was held on December 8, 2010. At the conclusion of the hearing, the Board revoked appellant's pharmacylicense. The decision was made an official order on January 14, 2011.
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It certainly appears that Ms. Miller wasn't dotting her i's nor crossing her t's. In pharmacy, you have to be precise. One of the reasons I do NOT dispense pharmaceutical legend drugs is that I believe that mysf (and my staff) would not be diligent enough in documenting everything to comply with the rules of the board of pharmacy. Those rules are meant to protect the public. If you can't comply, you can either try to change the rules, or you could not do activities that could patients in danger.
ReplyDeleteKenneth Woliner, MD
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