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OHIO STATE BOARD OF PHARMACY

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


-Equal Oppoltunity E~nployer and Service Provides-

TEL: 6141466-4143 E-MAIL: exec@bop.state.oh.us F M 6141752-4836 TTYITDD: Use the Ohio Relay Service: 1-8001750-0750 URL: http:Nwww.pharmacy.ohio.gov

SUMMARY SUSPENSION ORDER/NOTICE OF OPPORTUNITY FOR HEARING August 14, 201 3

John Michael Casale, R.Ph.


1885 Brittainy Oaks Trail, N.E. Warren, OH 44484 Re: Ohio Registered Pharmacist License No. 03-2-13741 Dear Mr. Casale: In accordance with Section 371 9.1 21 (A) of the Ohio Revised Code, the Board has determined that you are addicted t o the use of controlled substances. The reasons for the Board's action are that you have committed any and/or all of the following acts: (1) Records of the Board of Pharmacy indicate that you were originally licensed in the State of Ohio on August 1, 1980, pursuant t o examination, and are currently licensed t o practice pharmacy in the State of Ohio. You are addicted t o or abusing drugs or alcohol and/or impaired physically or mentally to such a degree as t o render you unfit t o practice pharmacy, t o wit: you have admitted that you are addicted t o the use of controlled substances. You have admitted stealing drugs from lnstitutional Prescription Service, where you were an owner and employee. You accomplished this theft by falsifying the controlled substance perpetual inventory log, stealing from returned drug stock, and ordering drugs without adding them t o the controlled substance inventory. Such conduct indicates that you are within the ambit of Sections 371 9.1 21 and/or 4729.1 6(A)(3) of the Ohio Revised Code. You did, on or around September 1 1 , 2009, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, t o wit: you falsified a perpetual inventory log in order t o steal thirty oxycodone 5mg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code.

(2)

(3)

(4) You did, on or around May 26, 201 2, with purpose t o deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, t o wit: you falsified a perpetual inventory log in order to steal thirty oxycodone 5mg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and if proven

John M. Casale, R.Ph. Page 2 Summary Suspension constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code. You did, on or around June 22, 201 2, with purpose t o deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, to wit: you falsified a perpetual inventory log in order t o steal thirty oxycodone 5mg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23of the Ohio Revised Code, and i f proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code. (6) You did, on or around August 10, 201 2, with purpose t o deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, t o wit: you falsified a perpetual inventory log in order t o steal sixty oxycodone 5mg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code. You did, on or around August 30, 201 2, with purpose t o deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, t o wit: you falsified a perpetual inventory log in order t o steal thirty oxycodone 5mg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code. or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, t o wit: you falsified a perpetual inventory log in order to steal sixty oxycodone 5mg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code. (9) You did, on or around August 24, 201 2, with purpose t o deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, t o wit: you falsified a perpetual inventory log in order t o steal sixty oxycodone lOmg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code.

(7)

(8) You did, on or around September 13, 201 2, with purpose t o deprive, knowingly obtain

John M. Casale, R.Ph. Page 3 Summary Suspension (1 0) You did, on or around July 29, 201 1 , with purpose t o deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, to wit: you falsified a perpetual inventory log in order to steal sixty oxycodone 30mg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code. (1 1) You did, on or around September 19, 2009, with purpose t o deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, to wit: you falsified a perpetual inventory log in order t o steal thirty oxycodone 5/APAP 325mg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code. (1 2) You did, on or around June 8, 2010, with purpose t o deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, to wit: you falsified a perpetual inventory log in order to steal thirty oxycodone 5/APAP 325mg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code. (1 3) You did, on or around July 1, 201 0, with purpose t o deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, t o wit: you falsified a perpetual inventory log in order t o steal thirty oxycodone 5/APAP 325mg tablets. Such conduct is in violation of Sections 2913.02 and 2925.23 of the Ohio Revised Code, and i f proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code. (14) You did, on or around July 20, 2010, with purpose t o deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, t o wit: you falsified a perpetual inventory log in order t o steal thirty oxycodone 5/APAP 325mg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code.

(1 5) You did, on or around November 5, 201 0, with purpose t o deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, t o wit: you falsified a perpetual inventory log in order t o steal thirty oxycodone 5/APAP 325mg tablets.

John M. Casale, R.Ph. Page 4 Summary Suspension Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code. (1 6) You did, on or around November 23, 201 0, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, t o wit: you falsified a perpetual inventory log in order to steal thirty oxycodone 5/APAP 325mg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code.
(1 7) You did, on or around January 1 9, 201 1, with purpose t o deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, t o wit: you falsified a perpetual inventory log in order to steal thirty oxycodone 5/APAP 325mg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code.

(1 8) You did, on or around September 3, 201 1, with purpose t o deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, t o wit: you falsified a perpetual inventory log in order t o steal thirty oxycodone 5/APAP 325mg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code.

(1 9) You did, on or around September 7, 201 1 , with purpose t o deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, t o wit: you falsified a perpetual inventory log in order t o steal thirty oxycodone 5/APAP 325mg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code. (20) You did, on or around June 6, 201 2, with purpose t o deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, t o wit: you falsified a perpetual inventory log in order to steal thirty oxycodone 5/APAP 325mg tablets. Such conduct is in violation of Sections 2913.02 and 2925.23 of the Ohio Revised Code, and i f proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code.

John M. Casale, R.Ph. Page 5 Summary Suspension

(21) You did, on or around June 22, 201 2, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, t o wit: you falsified a perpetual inventory log in order to steal ninety oxycodone 5/APAP 325mg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and i f proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code. (22) You did, on or around June 26, 201 2, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, t o wit: you falsified a perpetual inventory log in order t o steal sixty oxycodone 5/APAP 325mg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and i f proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code. (23) You did, on or around July 3, 201 2, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, to wit: you falsified a perpetual inventory log in order to steal sixty oxycodone 5/APAP 325mg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code. (24) You did, on or around August 8, 201 2, with purpose t o deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, t o wit: you falsified a perpetual inventory log in order to steal sixty oxycodone 5/APAP 325mg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality and/or guilty o f dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code. (25) You did, on or around August 20, 201 2, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, t o wit: you falsified a perpetual inventory log in order to steal sixty oxycodone 5/APAP 325mg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and i f proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice o f pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code. (26) You did, on or around August 21, 201 2, with purpose t o deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, t o wit: you falsified a perpetual

John M. Casale, R.Ph. Page 6 Summary Suspension inventory log in order to steal sixty oxycodone 5/APAP 325mg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code. (27) You did, on or around August 24, 201 2, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, t o wit: you falsified a perpetual inventory log in order to steal sixty oxycodone 5/APAP 325mg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code. (28) You did, on or around August 29, 201 2, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, t o wit: you falsified a perpetual inventory log in order to steal sixty oxycodone 5/APAP 325mg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and i f proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code. (29) You did, on or around September 4, 201 2, with purpose t o deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, t o wit: you falsified a perpetual inventory log in order to steal sixty oxycodone 5/APAP 325mg tablets. Such conduct is in violation of Sections 2913.02 and 2925.23 of the Ohio Revised Code, and i f proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code. (30) You did, on or around September 6, 201 2, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, t o wit: you falsified a perpetual inventory log in order to steal sixty oxycodone 5/APAP 325mg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code. (31) You did, on or around September 7, 201 2, with purpose t o deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, t o wit: you falsified a perpetual inventory log in order t o steal sixty oxycodone 5/APAP 325mg tablets. Such conduct i s in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality and/or guilty of

John M. Casale, R.Ph. Page 7 Summary Suspension dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code. (32) You did, on or around May 4, 201 2, with purpose t o deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, ,beyond the express or implied consent of the owner, to wit: you falsified a perpetual inventory log in order t o steal thirty oxycodone 7.5/APAP 325mg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code. (33) You did, on or around June 22, 201 2, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, t o wit: you falsified a perpetual inventory log in order t o steal thirty oxycodone 7.5/APAP 325mg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code. (34) You did, on or around May 23, 2012, with purpose to deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, to wit: you falsified a perpetual inventory log in order t o steal thirty oxycodone 10/APAP 325mg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code. (35) You did, on or around June 1, 2012, with purpose t o deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, t o wit: you falsified a perpetual inventory log in order t o steal thirty oxycodone 10/APAP 325mg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code. (36) You did, on or around June 14, 201 2, with purpose t o deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, t o wit: you falsified a perpetual inventory log in order t o steal thirty oxycodone 1 O/APAP 325mg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code.

John M. Casale, R.Ph. Page 8 Summary Suspension (37) You did, on or around July 16, 201 2, with purpose t o deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, to wit: you falsified a perpetual inventory log in order t o steal thirty oxycodone 10/APAP 325mg tablets. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised -Code. (38) You did, on or around September 13, 201 2, with purpose t o deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, t o wit: you failed t o enter into the perpetual inventory one-hundred oxycodone 10mg tablets in order t o steal them for your own personal abuse. Such conduct is in violation of Sections 291 3.02 and 2925.23 of the Ohio Revised Code, and i f proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code. (39) You did, between approximately April 23, 2012 and September 27, 2012, with purpose t o deprive, knowingly obtain or exert control over dangerous drugs, the property of lnstitutional Prescription Service, beyond the express or implied consent of the owner, t o wit: you stole 928 tablets containing various strengths of oxycodone from stock intended to be destroyed. Such conduct is in violation of Section 291 3.02 of the Ohio Revised Code, and i f proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.1 6 of the Ohio Revised Code. YOU ARE HEREBY NOTIFIED that Section 3719.1 21(A) of the Ohio Revised Code states, in pertinent part: "any ... pharmacist, ... who is or becomes addicted t o the use of controlled substances, shall be suspended by the board that authorized the person's license, certificate, or registration ..." WHEREFORE, PURSUANT TO SECTION 371 9.1 21 (A) OF THE OHlO REVISED CODE, YOU ARE HEREBY NOTIFIED THAT YOUR REGISTRATION AND LICENSE TO PRACTICE PHARMACY IN THE STATE OF OHlO IS HEREBY SUSPENDED. FURTHER, PURSUANT TO RULE 4729-9-01(F) OF THE OHlO ADMINISTRATIVE CODE, DURING THIS TERM OF SUSPENSION YOU MAY NOT BE EMPLOYED B Y OR WORK IN ANY FACILITY LICENSED B Y THE BOARD OF PHARMACY TO POSSESS OR DISTRIBUTE DANGEROUS DRUGS. This suspension shall remain in effect until an adjudicatory hearing has been held pursuant to Chapter 1 1 9. of the Revised Code, and a final Order has been issued, during which time you may not engage in the practice of pharmacy. YOU ARE FURTHER NOTIFIED that Section 4729.16 of the Ohio Revised Code states, in pertinent part: (A) The State Board of Pharmacy, after notice and hearing in accordance with Chapter 119. of the Ohio Revised Code, may revoke, suspend, limit, place on probation, or refuse t o grant or renew an identification card under this chapter, or may impose a monetary penalty or forfeiture not t o exceed in severity any fine

John M. Casale, R.Ph. Page 9 Summary Suspension designated under the Ohio Revised Code for a similar offense, or in the case of a violation of a section of the Ohio Revised Code that does not bear a penalty, a monetary penalty or forfeiture of no more than five hundred dollars, i f the Board finds a pharmacist or pharmacy intern: (1) Guilty of a felony or gross immorality;

(2) Guilty of dishonesty or unprofessional conduct in the practice of pharmacy; (3) Addicted to or abusing liquor or drugs or impaired physically or mentally t o such a degree as to render the pharmacist or pharmacy intern unfit t o practice pharmacy; (4) Has been convicted of a misdemeanor related to, or committed in, the practice of pharmacy; (5) Guilty of willfully violating, conspiring t o violate, attempting t o violate, or aiding and abetting the violation of any of the provisions of this chapter, sections 371 5.52 t o 371 5.72 or Chapter 2925. or 3719. of the Revised Code; (6) Guilty of permitting anyone other than a pharmacist or pharmacy intern to practice pharmacy; (7) Guilty of knowingly lending the pharmacist's or pharmacy intern's name t o an illegal practitioner of pharmacy or having professional connection with an illegal practitioner of pharmacy;
(8) Guilty of dividing or agreeing t o divide remuneration made in the practice of pharmacy with any other individual, including, but not limited to, any licensed health professional authorized t o prescribe drugs or any owner, manager, or employee of a health care facility, residential care facility, or nursing home;

(9) Has violated the terms of a consult agreement entered into pursuant t o section 4729.39 of the Revised Code; (10) Has committed fraud, misrepresentation, or deception in applying for or securing a license or identification card issued by the board under this chapter or under Chapter 371 5. or 371 9. of the Revised Code. YOU ARE FURTHER NOTIFIED that "Revoke", as used in Chapters 3719. and 4729. of the Revised Code, means t o take action against a license rendering such license void and such license may not be reissued. 'Revoke' is an action that is permanent against the license and licensee. Ohio Administrative Code, 4729-9-01(E) IF YOU DESIRE A HEARING, such request shall be mailed t o the State Board of Pharmacy, 77 South High Street, Room 1702, Columbus, Ohio 4321 5-61 26. 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.

John M. Casale, R.Ph. Page 10 Summary Suspension You may appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the agency, or you may present your position, arguments or contentions in writing; and, at this hearing, you may also present evidence and examine any witnesses appearing for and against you. YOU ARE FURTHER ADVISED that if there is no request for such a hearing received by the Board on or prior t o the thirtieth (30th) day following the mailing of this notice, the Ohio State Board of Pharmacy, upon consideration of the aforementioned allegations against you, may take action without such a hearing. Division (B) of Section 4729.16 of the Revised Code provides in pertinent part that: "Any individual whose identification card is revoked, suspended, or refused, shall return his identification card and certificate of registration t o the offices of the state board of pharmacy within ten days after receipt of notice of such action." The certificate and identification card should be forwarded by certified mail, return receipt requested. B Y ORDER OF THE STATE B@R
.,

'7

OF PHARMACY

Kyle W. Parkbr,&.~.~.f~.Ph. Executive ~ i r e & o r I


KWP/bte (Case No. 201 2-1 594) REGISTERED MAIL / Return Receipt RE 946 606 649 US c: Charissa Payer, Assistant Attorney General

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