THE DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH

STATE OF NEBRASKA

IN THE MATTER OF AN APPLICATION FOR) REINSTATEMENT OF THE LICENSE ) ORDER OF DENNIS REESE ) TO PRACTICE AS A PHARMACIST )

The matter came before the Director of the Division of Public Health on the

Recommendation of the Board of Pharmacy. The Director, having considered said

Recommendation and all supporting documentation, approves the reinstatement of a

license for Dennis Reese subject to Probation as set out in the Findings of Fact,

Conclusions of Law and Recommendation for Reinstatement on Probation dated

November 25, 2013.

DATED this ~ dayof =--L ..~ ,2014.

Joseph M. cie 0, MD, JD Chief Medica fficer Director, Division of Public Health Department of Health and Human Services

CERTIFICA"rE OF SERVICE

I hereby certify that on this Ib f1... day of s:;kvnU4'~ ,2014, a true and correct copy of the foregoing ORDER was sent by ce ified Umted States mall, postage prepaid, return receipt requested to Dennis Reese, 1990 Rainbow Ave., Seward, NE 68434 and to Lisa Anderson, 2115 State Capitol, by interagency mail.

~~ing~LlnSing Coordinator Licensure Unit Division of Public Health Department of Health and Human Services

LICENSURE UNIT

DEC J 2013<

DEPARTMENT OF HEALTH AND HUMAN SERVICES STATE OF NEBRASKA REcEIVBD

IN THE MAnER OF THE AN APPLICATION FOR REINSTATEMENT OF THE LICENSE REQUEST FOR REINSTATEMENT OF DENNIS REESE TO PRACTICE BEFORE THE CHIEF MEDICAL OFFICER AS A PHARMACIST

I, Dennis Reese, having received notification of the recommendation of the Board of Pharmacy regarding reinstatement of my license to practice as a pharmacist, hereby request the Chief Medical Officer to issue my license in accordance with the Board's recommendation for reinstatement on probation.

II Ill] ~013 9~ ;2c A- I1vu~V Date I I Signature of Applicant

Mall to: Vonda Apking, Health Licensing Coordinator Nebraska Department of Health and Human Services Division of Public Health Licensure Unit PO Box 94986 Lincoln, NE 68509

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BOARD OF PHARMACY STATE OF NEBRASKA

IN THE MATTER OF THE APPLICATION ) FINDINGS OF FACT, FOR FOR REINSTATMENT OF THE LICENSE ) CONCLUSIONS OF LAW, AND OF DENNIS REESE TO PRACTICE ) RECOMMENDATION FOR AS A PHARMACIST ) REINSTATEMENT ON

) PROBATION

On November 18, 2013, the Board of Pharmacy, at its regularly scheduled meeting, reviewed the Application for Reinstatement of Dennis Reese (Applicant), License No. 12349, to practice as a Pharmacist in the State of Nebraska.

The Board considered the application, letters of recommendations for reinstatement, information from Bi'yanLGH Medical Center regarding the Applicant's treatment summary and discharge summary, Alcohol Anonymous (AA) group meeting attendance records, and letters of support.

The members of the Board, having reviewed the above identified documents, make the following Findings of Fact, Conclusions of Law, and Recommendation.

FINDINGS OF FACT

Based upon the above identified record, the Board finds that the Applicant:

1. Submitted a Mandatory Report to the Department, in August 2012, regarding his diversion of controlled substances from his employer;

2. Contacted the Licensee Assistance Program (LAP) on August 10, 2012; 3. Was referred by the LAP to BryanLGH Medical Centerllndependence Center for

treatment for opioid dependence; 4. Received Outpatient treatment through BryanLGH Medical Center/Independence

Center between August 20,2012 and April 29, 2013; 5. Enrolled in the Seward County Pretrial Diversion Program on October 5, 2012; 6. Provided documentation of attending AA meetings between AUgust 2012 and

September 2013; 7. Received a certificate for successful completion of the Independence Center

Treatment Program on or about April 29, 2013; and 8. Has addressed the underlying problem that led to his addiction as evidenced by

a letter from his treating physician dated September 13, 2013.

CONCLUSIONS OF LAW

The Board of Pharmacy has jurisdiction over this matter pursuant to Neb. Rev. Stat. 38-149. The Applicant has met the procedural requirements for consideration of reinstatement; this matter is properly before the Board for consideration on the merits of the Application for Reinstatement of the license of Dennis Reese to practice pharmacy. Based on items 4 thru 8 above, the Applicant has provided proof of addressing the issues of diversion and addiction.

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RECOMMENDATIONS

The Board of Pharmacy, with a Motion made by Borcher and seconded by Losee, with all members voting yes, recommends reinstatement on probation of pharmacist license #12349, of the Applicant Dennis Reese. The Applicant shall be reinstated on probation for five (5) years, such probation to begin on the date the license is reinstated, under the following terms and conditions:

1. The Applicant shall abstain from the use of alcohol including, but not limited to, any over-the-counter medications and mouthwash containing alcohol unless prescribed for or administered to the licensee by a licensed physician or other authorized licensed practitioner for a diagnosed medical condition;

2. The Applicant shall abstain from personal use or possession of ALL controlled substances, prescription medications, and any other mood altering substances including, but not limited to, any over-the-counter herbal supplements unless prescribed for or administered to the licensee by an authorized licensed physician or authorized licensed practitioner for a diagnosed medical condition;

3. The Applicant shall report the use of ALL controlled substances, prescription medications, and any other non-prescribed or prescribed mood altering substances including, but not limited to. any over-the-counter herbal supplements to the Department on such frequency as is directed by the Department;

4. The Applicant shall be subject to random body fluid or chemical testing at the Applicant's own expense at such time and places as the Department may direct. The Applicant shall follow the instructions and directives of the Department for body fluid/chemical testing;

5. The Applicant shall comply with all treatment recommendations made by his chemical dependency treatment provider(s), including any recommendations for counseling and attendance at support group meetings;

6. The Applicant shall be employed as a pharmacist only by an employer who provides employer quarterly reports to the Department. Employer quarterly reports shall be submitted to the Department by the Applicant's supervisor. Reports shall include a description of the Applicant's work habits and continued abstinence from drugs, alcohol, and mood altering substances. Reports shall be due no later than the 10th day of the month following the end of each quarter. An initial employer report shall be submitted as directed by the Department. A final employer report shall be due not less than 30 days before the expiration of the probationary period;

7. The Applicant shall provide notification of his disciplinary action to all employers and to the licensing authorities in any state where he has or obtains an active pharmacist license within 5 days from the start of the probationary period and within 5 days of any changes in employment or any subsequent out-of-state licensure. Such notification shall include copies of the Board of Pharmacy recommendation and the Reinstatement Order entered by the Director. Written confirmation of this notification shall be provided by the Applicant to the Department within 30 days from the beginning of the probationary period or change in employment or any subsequent out-of-state licensure;

8. The Applicant shall provide written notice to Department of employment, address or phone change within 7 days;

9. The Applicant shall obey all state and federal laws and rules and regulations regarding the practice of pharmacy and report any violations to the Department within 7 days;

10. The Applicant shall pay any costs associated with ensuring compliance including, ~ut not limited to, random fluid/chemical testing;

11. The Applicant shall appear at any meetings of the Board when requested; 12. The Applicant shall not be a Pharmacist-in-Charge at any pharmacy; 13. The Applicant shall not supervise pharmacist interns or students in any manner; 14. Any period the Applicant may hold an inactive Nebraska license or is not

employed as a pharmacist shall not reduce the probationary period or satisfy the terms and conditions of probation. Practice in another state or jurisdiction that adopts the Nebraska probationary terms and conditions of licensure will serve to reduce the Nebraska probationary period;

15. All reports, notices, and other documentation requested by the Department shall be provided using reports provided by the Department;

16. The Applicant shall promptly respond to all request and inquiries by the Department concerning the Applicant's compliance with terms of probation; and

17. The Applicant shall provide such written authorizations which may be requested by the Department for all records, information, and reports as necessary for the purpose of compliance monitoring including such forms or authorization to permit the obtaining and use of records, information, and reports by the Department and by the Nebraska Attorney General in conformity with 42 Code of Federal Regulations, Part 2.

18. The Department may revoke the Applicant's license or impose disciplinary sanctions if the Applicant violates any of the above terms of probation.

Dated this 25th day of November, 2013.

The Nebraska Board of Pharmacy BY:

Ken Saunders, RP., Chairperson Chair of the Board of Pharmacy

CERTIFICATE OF SERVICE

COMES NOW the undersigned and certifies that on the 25th day of November, 2013, a copy of the foregoing FINDINGS OF FACT, CONCLUSION OF LAW, AND RECOMMENDATION FOR REINSTATEMENT ON PROBATION was sent by certified United States mail. postage prepaid, return receipt requested, to Dennis Reese, 1990 Rainbow Ave., Seward NE 68434 and to Lisa Anderson. 2115 State Capitol, by interagency mail.

Becky Wisel , Licensure U . Division of Public Health Nebraska Department of Health and Human Services