OHIO STATE BOARD OF PHARMACY

77 South High Street, Room 1702; Columbus, OH 43215-6126

-Equal Opporrunuy Employer andService Provider-
TEl.: -.\I.1IL: exec@bop.stale.oh.us
7T )j'1DD: Usc theOhio Relay Servi ce: 1-8001750-0750 URL: http.z/www.pharmncy.ohio.gov
ORDER OF THE STATE BOARD OF PHARMACY
(Docket Number 0-120 524-249)
In The Matter Of:
ALBERT DAVID FISCHER, R.Ph.
8901 Stoneybrook Dr ive
Broadview Heights, Ohio 44147
(R.Ph. Number 03-2- 0801 6)
INTRODUCTION
The Matter of Albert David Fischer came for hearing on February 5, 2013, before th e
following members of th e Board: Brian M. Joyce, R.Ph .; (presidi ng); Edward T. Cain, Publi c
Member; Troy A. Gahm, R.Ph. ; Margaret A. Huwer, R.Ph.; Richard F. Kolezyn ski , R.Ph .; Kevi n J.
Mitchell , R.Ph.; Michael A. Mone, R.Ph . and Kil ee S. Yarosh, R.Ph.
Al bert David Fischer was represented by James Lindon. The State of Ohio was represent ed by
Sean M. Cull ey, Assi st ant At t orney General.
SUMMARY OF EVIDENCE
State's Witness:
1. Paul Kover, R.Ph., Ohio State Board of Pharmacy
Respondent's Witness:
1. Al bert David Fischer , R.Ph., Respondent
State's Exhibits:
1. Notice of Opportunity for Hearing [05-24-12]
1A-1 E. Procedurals
2. Discount Drug Mart Medicati on Err or Alert [02- 16-1 1]
3. Notarized Written Statement of Lari ssa Venditt i [ 10-05-1 1)
4. Notarized Written Statement of Mi chele Golob [10-05-11]
5. Notarized Statement of Tom Nameth [10-03-11 J
6. Letter from Albert D. Fischer, R.Ph. [09-26-11]
7. Letter f rom Al bert D. Fischer, R.Ph. [ 10-1 0-1 1]
8. Dangerous Drug Distributor Inspection Report [10-05-11]
9. Copy of RX #998367 wi t h Attachments [var ious dates]
1O.Copy of RX # 1000956 with Attachments [various date s]
11.Copy of RX #998606 wit h Attachment s [var ious dates]
12.Copy of RX # 1004 54 1 with Attachment s [various dat es]
13.Copy of RX # 101327 1 with Attachments [various dat es]
14.Copy of RX # 1012771 with Attachments [various dates]
15. Copy of RX # 10202 26 wit h Attachments [var ious date s]
Albert David Fischer, R.Ph.
Page 2
Order of the Board
16.Copy of RX #1 022613 with Attachments [various dates]
17.Copy of RX #1 009572 with Attachments [various dates]
18.Copy of RX #1 036625 with Attachments [various dates]
19.Copy of RX #1 040667 with Attachments [various dates]
20.Copy of RX #1 042703 with Attachments [various dates]
21.Copy of RX #1 042637 with Attachments [various dates]
22.Copy of RX #1 034975 with Attachments [various dates]
23.Copy of RX #Cl 044947 with Attachments [various dates]
24.Copy of RX #Cl 048767 with Attachments [various dates]
2S.Copy of RX #1 037244 with Attachments [various dates]
26.Copy of RX #C1 067477 with Attachments [various dates]
27.Copy of RX #1 064832 with Attachments [various dates]
28.Copy of RX #1 064061 with Attachments [various dates]
Respondent's Exhibits:
None
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 Albert David Fischer originally
licensed in the State of Ohio on August 19, 1963, pursuant to examination, and is
currently licensed to practice pharmacy in the State of Ohio.
(2) Albert David Fischer did, on or about November 17, 2009, misbrand a drug, to wit:
when he received a prescription for oxycodone IR 30mg, RX #998367, Albert David
Fischer dispensed OxyContin 30mg, which had not been specifically prescribed by
the physician. Such conduct is in violation of Section 371S.S2(A)(2) of the Ohio
Revised Code.
(3) Albert David Fischer did, on or about December 14, 2009, misbrand a drug, to wit :
when he received a prescription for Coumadin 1mg, take three tablets a day, RX
#1000956, Aibert David Fischer dispensed Coumadin Smg, take three tablets a day,
which had not been specifically prescribed by the physician. The patient was
subsequently harmed. Such conduct is in violation of Section 371S.S2(A)(2) of the
Ohio Revised Code.
(4) Albert David Fischer did, on or about January 11, 2010, misbrand a drug, to wit:
when he received a prescription for Synthroid 0.112mcg, RX #998606, Albert David
Fischer dispensed Soma, which had not been specifically prescribed by the physician.
Such conduct is in violation of Section 371S.S2(A)(2) of the Ohio Revised Code.
(5) Albert David Fischer did, on or about February 13, 2010, misbrand a drug, to wit:
when he received a prescription for Simvastatin 40mg, RX #1004541, Albert David
Fischer dispensed lovastatin 40mg, which had not been specifically prescribed by the
Albert David Fischer, R.Ph.
Page 3
Order of the Board
physician. Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised
Code.
(6) Albert David Fischer did, on or about April 15, 2010, misbrand a drug, to wit: when
he received a prescription for hydrochlorothiazide 12.Smg RX # 10 13271, Albert
David Fischer dispensed hydrochl oroth iazide 2Smg, which had not been specificall y
prescribed by the phys ician. Such conduct is i n violat ion of Sect ion 3715.52(A)(2) of
the Ohio Revised Code.
(7) Albert David Fischer did, on or about May 17, 2010, misbrand a drug, to wit: when
he received a prescription for metoprolol tartrate 25mg, RX #1012771 , Albert David
Fischer dispensed metoprolol succinate 25mg, which had not been specifically
prescribed by the phy sician. Such conduct is in violation of Section 3715.52(A)(2) of
the Ohio Revi sed Code.
(8) Albert David Fischer did, on or about june 24, 2010, misbrand a drug, to wit: when
he received a prescript ion for methadone 5mg, RX # 1020226, Albert David Fischer
dispensed methadone 10mg, which had not been specifically prescribed by the
physician. Such conduct is in violation of 5ection 3715.52(A)(2) of the Ohio Revised
Code.
(9) Albert David Fischer did, on or about july 21, 2010, misbrand a drug, to wit : when he
received a prescription, RX # 10226 13, for a pat ient but labeled and dispensed it to
another pat ient for whom it had not been specifically prescribed by the physician.
Such cond uct is in vi ol at ion of Section 371 S.S2(A)(2) of the Ohio Revised Code.
(10) Albert David Fischer did, on or about August 9, 2010, misbrand a drug, to wit : when
he received a prescript ion for Novolin R, RX # 1009572, Albert David Fischer
dispensed Novolin N, which had not been specifically prescribed by the physician.
Such conduct i s in violation of Section 3715.5 2(A)(2) of the Ohio Revised Code.
(11) Albert David Fischer did, on or about December 5, 2010, misbrand a drug, to wit :
when he received a prescription for Lantu s Insulin with f ive refills, RX # 1036625,
Albert David Fischer di spensed Lantus Insulin wi t h no ref il ls, whi ch had not been
specifically prescribed by the physician. Such conduct is i n viol at ion of Section
3715.52(AH2) of the Ohio Revised Code.
(12) Albert David Fischer did , on or about january 6, 2011, misbrand a drug, to wit: when
Albert David he, Albert David Fischer dispensed desoximetasone 0.05%cream, which
had not been specifically prescribed by the physician. Such conduct is i n violat ion of
Section 3715.52 (A)(2) of the Ohio Revised Code.
(1 3) Albert David Fischer did, on or about january 25, 20 11 and March 6, 201 1, misbrand
a drug, to wit: when he received a prescript ion for Ort ho Tri -Cyclen 28, RX
# 1042703, Albert David Fischer dispensed Ortho Tri-Cyclen Lo, which had not been
specifically prescribed by the physician. Such conduct is in violation of Section
3715.52(AH2) of the Ohio Revised Code.
Albert David Fischer, R.Ph.
Page 4
Order of the Board
(14) Albert David Fischer did, on or about January 25, 2011, misbrand a drug, to wit :
when he received a prescription for methocarbamol 500mg, RX #1042637, Aibert
David Fischer dispensed methocarbamol 750mg, which had not been specifically
prescribed by the physician. Such conduct is in vioiation of Section 3715 .52(A)(2) of
the Ohio Revised Code
(15) Aibert David Fischer did, on or about February 12, 2011 , misbrand a drug, to wit :
when he received a prescription for Nasacort AQ, RX #1034975, Albert David Fischer
dispensed Nasonex, which had not been specifically prescribed by the physician.
Such conduct is in violation of Section 3715 .52(A)(2) of the Ohio Revised Code.
(16) Albert David Fischer did, on or about February 12, 2011, misbrand a drug, to wit :
when he received a prescription for lorazepam 0.5mg for a patient with a date of
birth of 3/3/1966, RX #1044947, Albert David Fischer dispensed lorazepam O.Smg
for a patient with the same name but a date of birth of 12/18/1992, which had not
been specifically prescribed by the physician. Such conduct is in violation of Section
3715.52(AH2) of the Ohio Revised Code.
(17) Albert David Fischer did, on or about March 13, 2011, misbrand a drug, to wit : when
he received prescriptions for Vicodin Smg, RX # 1048767, and Bactrim DS, RX
#1048768, Albert David Fischer dispensed the prescriptions with the labels on the
wrong vials. The patient took the Vicodin 5mg thinking it was the Bactrim DS. Such
conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised Code.
(18) Albert David Fischer did, on or about April S, 2011 , misbrand a drug, to wit : when he
received a prescription for losartan 100mg, RX #1037244, Albert David Fischer
dispensed losartan 25mg, which had not been specifically prescribed by the
physician. Such conduct is in vioiation of Section 371 S.52(A)(2) of the Ohio Revised
Code.
(19) Albert David Fischer did, on or about August 14, 2011, misbrand a drug, to wit :
when he received a prescription for Lyrica 200mg, RX #1067477, Albert David
Fischer dispensed Lyrica 100mg, which had not been specifically prescribed by the
physician. Such conduct is in violation of Section 3715.52(A)(2) of the Ohio Revised
Code.
(20) Albert David Fischer did, on or about August 18, 2011 , misbrand a drug, to wit :
when he received a prescription for benazepril 20mg, RX #1064832, Albert David
Fischer dispensed Triphro capsules, which had not been specifically prescribed by
the physician. Such conduct is in violation of Section 3715.52(A)(2) of the Ohio
Revised Code.
(21) Albert David Fischer did, on or about October 4, 2011 , misbrand a drug, to wit : when
he received a prescription for lisinopriljhydrochlorothiazide 20/12.5 mg, RX
#1064061 , Albert David Fischer dispensed lovastatin 40mg, which had not been
specifically prescribed by the physician. Such conduct is in violat ion of Section
3715.S2(A)(2) of the Ohio Revised Code.
Albert David Fischer, R.Ph.
Page 5
Order of the Board
CONCLUSIONS OF LAW
(l ) The State Board of Pharmacy concludes that paragraphs (2) through (21) 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.
(2) The State Board of Pharmacy concludes that paragraphs (2) through (21) 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 Sections
3715.52 of the Revised Code as provided in Division (A)(5) of Section 4729.16 of the
Ohio Revised Code.
(3) The State Board of Pharmacy concludes that paragraphs (2) through (21) of the
Findings of Fact constitute being guilty of permitting anyone other than a pharmacist
or pharmacy intern to practice pharmacy as provided in Division (A)6 of Section
4729.16 of the Ohio Revised Code. As a result of the Respondent's admission, during
his testimony, that technicians were charged with performing DUR and would routinely
override DUR, the Board finds that Mr. Fischer knowingly allowed someone other than a
pharmacist or pharmacist i nt ern to practice pharmacy. DUR is a central facet of
pharmacy practice and an act to be performed by the licensed pharmacist or
pharmacist intern.
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 Albert David Fischer as
follows:
(A) On the basis of the Findings of Fact and Conclusions of Law set forth above, the
State Board of Pharmacy hereby places Albert David Fischer on probation for twelve
months from the effect ive date of this Order. The terms of probation are as follows:
(1) The State Board of Pharmacy hereby declares that Albert David Fischer'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 (0)(1) of Rule 4729-3-01 of the Ohio Administrative Code.
(2) Albert David Fischer may not serve as a responsible pharmacist.
(3) Albert David Fischer may not work as the only pharmacist on duty at any
given time.
(4) Albert David Fischer must report Errors in Dispensing whether internal or
external to the Board within 7 days from the date of error.
(5) Albert David Fischer must not violate the drug laws of Ohio, any other state,
or the federal government.
Al bert Davi d Fischer, R.Ph.
Page 6
Order of t he Board
(6) Albert David Fi scher must abide by the rule s of t he State Board of Pharmacy.
(7) Albert David Fischer must comply wi t h the t erms of th is Order.
(7) Albert David Fischer's l icense is deemed to be not in good standi ng unti l
successful completion of t he probat ionary period.
(8) Any violation of probation may result i n a Board hearing to consider
alternat ive or add it ional sanctions under Section 4729.16 of the Ohio
Revised Code.
(B) Albert David Fischer must obtain, wit hin ninety days from the effecti ve date of t hi s
Order, twelve (1 .2 CEUs) of approved continuing pharmacy education i n Juri sprudence
and Patient Safety whi ch may not also be used for license renewal. If proof of
successf ul completion is not submitted to the Board offi ce before th e end of th e
probat ion per iod , Albert David Fischer will remain on probation unt il thi s condi ti on i s
ach ieved.
(C) On the basis of the Findi ngs of Fact and Conclus ions of Law set f orth above, th e
State Board of Pharmacy hereby imposes a monetary penalty of five hundred dollars
($500.00) on Albert David Fischer and payment in full is due and owing within th irty
days of the mailing of this Order. The remittance should be made payable to th e
''Treasurer , State of Ohio" and mail ed with th e enclosed form to the State Board of
Pharmacy, 77 South High Street, Room 1702, Columbus, Ohio 43215-61 26.
Albert David Fischer is hereby advised th at the Board may at any t ime revoke probation for
cause , modify the conditions of probation, and reduce or extend the period of probation. At
any time during thi s period of probat ion , the Board may revoke probat ion for a vi olat i on
occurring duri ng t he probation period.
Richard Kolezyn ski moved for Findings of Fact; Michael Mone seconded the mot ion . Motion
passed (Aye-7/Nay-0).
Michael Mone moved for Conclusions of Law; Margaret Huwer seconded t he mot ion. Mot ion
passed (Aye-7/Nay-0) .
Michael Mone moved for Act ion of the Board; Richard Kolezynski seconded the motion.
Motion passed (Aye-4/Nay-3) .
SO ORDERED.
It is hereby cert ified by this Board that th e above language is a copy of th e Order ent ered
upon its journal in th is case.
Sect ion 11 9.12 of the Ohio Revi sed Code authorizes an appeal from thi s Order. An order that
denied admission to an examinat ion, or denied the issuance or renewal of a li cense or
regi strat ion, or revoked or suspended a license, may be appealed to t he court of common
pleas i n t he Ohio county of your place of busi ness or i n your Ohio county of residence. Any
ot her orde r may be appealed to t he Court of Common Pl eas of Frank l i n County, Ohio .
Albert David Fischer, R.Ph.
Page 7
Orde r of the Board
Such an appeal , set ti ng f ort h t he or der appealed fro m and the grounds of the appeal, must be
commenced by t he fili ng of the ORIGINAL Notice of Appeal with t he Stat e Board of Pharmacy
and a copy with the appropriate court within f ifteen (] 5) days after the mail ing of thi s Order
and in accordance wi t h the requirements of Section 119.12 of the Ohio Revised Code.
BY ORDER OF THE STATE BOARD OF PHARMACY
MARCH 18,2013
oRDER MAlLED & EFFECTIVE: _ --'.:"'-'-'-'-""'--'--'-'''''-'''"''-'-=-_
V r, I ~ "
/ -)/ \;>;1I. 1-, _
Kyle W. Parker, M.B.A., R}h., Executi ve Director
KWP!vf
Cert ified Mail ! Return Receipt
7010 187 0 000292 547751
c: Sean M. Culley, Assistant Att orney General
James Lindon, Attorney for Respondent
MONETARY PENALTY
PAYMENT TRANSMITTAL FORM
IN THE MAnER OF:
ALBERT DAVID FISCHER, R.Ph.
(Pharmacist I.D. No. 03-2-08016)
PURSUANT TO SECTI ON 4729. 16 OF THE OHIO REVISED CODE, THE ENCLOSED ORDER OF
THE STATE BOARD OF PHARMACY IMPOSES A MONETARY PENALTY OF $ 500.00.
PAYMENT IS DUE, IN FULL, PRI OR TO THIRTY DAYS FROM THE EFFECTIVE DATE OF THIS
ORDER.
TO ENSURE PROPER CREDIT, RETURN THIS FORM WITH YOUR PAYMENT TO THE STATE
BOARD OF PHARMACY; 77 S. HIGH STREET, ROOM 1702; COLUMBUS, OHIO 432 1$-61 26.
PAYMENT IS TO BE MADE PAYABLE TO THE "TREASURER, STATE OF OHIO".
PAYMENT NOT RECEIVED BY THE DESIGNATED DATE MAY RESULT IN FURTHER ACTI ON BY
THE BOARD THROUGH THE OFFICES OF THE STATEAUDITOR AND ATTORNEYGENERAL.
- FOR BOARD USE ONLY BELOW THIS LINE
Boar d Order Pe nalt y Type _ _ - = = ' - " ' - ~ = - ' - _ 0-120524-249 Docket N0,--- . _ _ ---'=!.---"-"""-,,,,,,-,-==,-=,-_ _
Amount Assessed $500.00
Cont rol No. _
Dat e Received _
--0-- Amount Suspended -"- _
Amount Due ------'$500. 00 Amount Recei ved _