Pharmacist’s case to go to trial

By PETER H. MILLIKEN

milliken@vindy.com

YOUNGSTOWN

A three-judge panel of the 7th District Court of Appeals unanimously ruled that Judge Lou A. D’Apolito erred when he dismissed a 24-count indictment charging Gary Evankovich, a pharmacist, with illegal sale of dangerous drugs.

In doing so, the panel returned the case to Judge D’Apolito for trial.

Evankovich, 54, of Boardman, an owner of North Lima and Bel-Park pharmacies, was charged in an alleged long-distance Internet prescription scheme, with the alleged offenses having occurred in 2005 and 2006.

Judge D’Apolito of Mahoning County Common Pleas Court dismissed the indictment on the grounds that the law under which Evan- kovich was charged specifically states that it does not apply to state-licensed pharmacists.

The county prosecutor’s office successfully appealed that dismissal on the grounds that Evankovich couldn’t avail himself of that professional exemption because his conduct was outside the proper scope of pharmacy operations.

Pharmacists “have been subject to criminal liability for filling prescriptions in violation of Ohio laws and regulations for at least two decades,” the appeals court noted.

In reference to the same alleged Internet prescription scheme, the Ohio State Board of Pharmacy revoked Evankovich’s pharmacy license in November, saying he filled prescriptions, primarily for out-of-state consumers, without ensuring that a valid doctor-patient relationship and a legitimate medical purpose existed for them.

Judge James C. Evans of common pleas court stayed that revocation pending the outcome of the appeal that was decided Tuesday and pending the outcome of a newer indictment charging Evankovich with 108 counts of illegal processing of drug documents in the same alleged scheme.

The scheme allegedly involved more than 15,000 prescriptions and almost 1.5 million medication doses. The prescriptions were for many drugs, including muscle relaxants, antibiotics, anti-virals, antidepressants and anti-anxiety drugs.

The appellate-court decision was written by Judge Cheryl L. Waite, with Judges Joseph J. Vukovich and Mary DeGenaro concurring.