Boardman pharmacist appeals state’s revocation of his license

Pharmacy employees’ jobs are at risk, a court filing contends.

staff report

YOUNGSTOWN — A Boardman man has appealed the state’s revocation of his pharmacist’s license.

On Monday, Gary A. Evankovich, 54, of Devonshire Drive, filed the notice of appeal in Mahoning County Common Pleas Court and a request for a stay of the revocation. The case is assigned to Judge James C. Evans, who hasn’t ruled yet on the stay request.

After a four-day hearing, the Ohio State Board of Pharmacy permanently revoked Evankovich’s license last month based on allegations that he participated in a long-distance Internet prescription scheme involving more than 15,000 prescriptions and almost 1.5 million doses of medication.

The board found Evankovich guilty of filling prescriptions, primarily for out-of-state patients, between October 2005 and June 2006, without ensuring that a valid doctor-patient relationship and a legitimate medical purpose existed for them.

In seeking to stay the revocation, Evankovich said he is the sole supporter of his wife and family and that he is a 50-percent owner of the company that employs several people at North Lima and Bel-Park pharmacies; and these employees may lose their jobs if Evankovich can’t perform his duties.

Evankovich is also facing a new criminal indictment by the Mahoning County grand jury on 108 counts of illegal processing of drug documents, which pertains to the same alleged Internet prescription scheme.

At his Tuesday arraignment, Judge Lou A. D’Apolito of Mahoning County Common Pleas Court ordered Evankovich to surrender his passport. Evankovich is free on a $100,000 personal recognizance bond set by Judge D’Apolito.

Judge D’Apolito had dismissed an earlier indictment against Evankovich on 24 counts of sale of dangerous drugs on the grounds that the law under which Evankovich was charged in that indictment does not apply to state-licensed pharmacists.