OHIO STATE BOARD OF PHARMACY

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

-Equal Opportunity Employer and Service Provider-

TEL: 614/466-4143 E-MAIL: exec@bop.state.oh.us FAX: 614/752-4836

TTY/TDD: Use the Ohio Relay Service: 1-800/750-0750 URL: http://www.pharmacy.ohio.gov

NOTICE OF OPPORTUNITY FOR HEARING

March 12, 2010

Ringer Professional Pharmacy

Keith Allen Kuba, R.Ph.
442 W High St Ste 1
Bryan, OH 43506-1684
Re: Ohio Terminal Distributor
License No. 02-0125600

Dear Mr. Kuba:

YOU ARE HEREBY NOTIFIED that, in accordance with the provisions of Chapters 119. and 4729.
of the Ohio Revised Code, the Ohio State Board of Pharmacy will determine whether or not to
take action against its license. Prior to any such action, you are entitled to a hearing before
the State Board of Pharmacy on the basis of the following allegations:

(1) Records of the Board of Pharmacy indicate that Ringer Professional Pharmacy is
licensed with the State Board of Pharmacy as a Terminal Distributor of Dangerous
Drugs and Keith Allen Kuba is the Responsible Pharmacist pursuant to Rule [4729-5-
11 or 4729-17-02] of the Ohio Administrative Code and Sections 4729.27 and
4729.55 of the Ohio Revised Code.

(2) Ringer Professional Pharmacy ceased to satisfy the qualifications of a terminal

distributor of dangerous drugs, to wit: pharmacists failed to provide supervision and
control of dangerous drugs and adequate safeguards to ensure proper distribution of
dangerous drugs. Pharmacists allowed non-pharmacists to have access to the
dangerous drug stock when pharmacists did not provide personal supervision and
adequate safeguards to prevent diversion. The pharmacy had a shortage of 36,744
tablets of Schedule II and III Controlled Substances during this time period. Such
conduct is in violation of Rule 4729-9-11 of the Ohio Administrative Code, and if
proven constitutes ceasing to satisfy the qualifications of a terminal distributor
and/or violating a rule of the Board within the meaning of Section 4729.57 of the
Ohio Revised Code.

(3) Ringer Professional Pharmacy did, from April 30, 2007, through August 8, 2009, fail
to provide effective and approved controls and procedures to deter and detect theft
and diversion of dangerous drugs, to wit: the pharmacy allowed non-pharmacists to
have access to the dangerous drug stock of Ringer Professional Pharmacy when
pharmacists did not provide personal supervision and adequate safeguards to prevent
diversion. The pharmacy had a shortage of 36,744 tablets of Schedule II and III
Controlled Substances during this time period. A technician has admitted to Board
agents that she stole controlled substances. No procedures were in place to detect
the diversion. Such conduct is in violation of Rule 4729-9-05 of the Ohio
Administrative Code, and if proven constitutes violating a rule of the Board within the
meaning of Section 4729.57 of the Ohio Revised Code.
Ringer Professional Pharmacy
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Notice of Opportunity

For these reasons, the State Board of Pharmacy will determine whether to take action
pursuant to Section 4729.57 of the Ohio Revised Code.

YOU ARE HEREBY ADVISED that Section 4729.57 of the Ohio Revised Code provides in
pertinent part:

(A) The State Board of Pharmacy may suspend, revoke, or refuse to renew any license
issued to a terminal distributor of dangerous drugs pursuant to section 4729.54 of
the Revised Code, or may impose a monetary penalty or forfeiture not to exceed in
severity any fine designated under the Ohio Revised Code for a similar offense or one
thousand dollars if the acts committed have not been classified as an offense by the
Revised Code, for any of the following causes:

(1) Making any false material statements in an application for a license

as a terminal distributor of dangerous drugs;

(2) Violating any rule of the board;

(3) Violating any provision of this chapter;

(4) Violating any provision of the "Federal Food, Drug, and Cosmetic
Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, or Chapter 3715. of the
Revised Code;

(5) Violating any provision of the federal drug abuse control laws or
Chapter 2925. or 3719. of the Revised Code;

(6) Falsely or fraudulently promoting to the public a dangerous drug,

except that nothing in this division prohibits a terminal distributor of
dangerous drugs from furnishing information concerning a
dangerous drug to a health care provider or another licensed
terminal distributor;

(7) Ceasing to satisfy the qualifications of a terminal distributor of

dangerous drugs set forth in Section 4729.55 of the Revised Code.

(8) Except as provided in division (B) of this section:

(a) Waiving the payment of all or any part of a deductible or

copayment that an individual, pursuant to a health insurance
or health care policy, contract, or plan that covers the
services provided by a terminal distributor of dangerous
drugs, would otherwise be required to pay for the services if
the waiver is used as an enticement to a patient or group of
patients to receive pharmacy services from that terminal
distributor;
Ringer Professional Pharmacy
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Notice of Opportunity

(b) Advertising that the terminal distributor will waive the

payment of all or any part of a deductible or copayment that
an individual, pursuant to a health insurance or health care
policy, contract, or plan that covers the pharmaceutical
services would otherwise be required to pay for the services.

YOU ARE FURTHER NOTIFIED, in accordance with the provisions of Chapters 119. and 4729. of
the Ohio Revised Code, that you are entitled to a hearing before the Ohio State Board of
Pharmacy, if you request such a hearing within thirty (30) days of the time of the mailing of
this notice.

IF YOUR FACILITY DESIRES A HEARING, such request shall be mailed to the State Board of
Pharmacy, 77 South High Street, Room 1702, Columbus, Ohio 43215-6126. YOUR REQUEST
MUST BE IN WRITING, AND MUST BE RECEIVED IN THE OFFICE OF THE OHIO STATE BOARD OF
PHARMACY ON OR PRIOR TO THE THIRTIETH (30TH) DAY FOLLOWING THE MAILING DATE OF
THIS NOTICE. You may appear at such hearing in person, by or with your attorney, or you may
present the facility's position, arguments or contentions in writing; and, at this hearing, you
may also present evidence and examine any witnesses appearing for and against the facility.

YOU ARE FURTHER ADVISED that if there is no request for such a hearing received by the
Board on or prior to the thirtieth (30th) day following the mailing of this notice, the Ohio State
Board of Pharmacy, upon consideration of the aforementioned allegations against your
facility, may take action without such a hearing.

BY ORDER OF THE STATE BOARD OF PHARMACY

William T. Winsley, R.Ph., M.S.

Executive Director

WTW:vf (D-100312-103)

Registered Mail / Return Receipt

RE 663 136 955 US

c: Tracy M. Greuel, Assistant Attorney General

Ringer Professional Pharmacy
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Notice of Opportunity

This public document is provided as a courtesy by:

James Lindon, Pharm.D., Ph.D., J.D., Attorney at Law

Lindon & Lindon, LLC
Patents, Trademarks, Copyright, Pharmacy Law
35104 Saddle Creek
Cleveland (Avon), Ohio 44011-4907
Phone: 440-333-0011
Fax: 419-710-4925
http://www.lindonlaw.com/

Publication of this document does not necessarily mean that the pharmacist or other person
mentioned in the document did what he/she is being accused of.