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Steven W. Sehiernolt, Ea, John R. Kasich pono OF PARNACY NOTICE OF OPPORTUNITY FOR HEARING PROPOSAL TO TAKE DISCIPLINARY ACTION AGAINST LICENSEE THE MATTER OF: Case No, 2017-1657 Donald Brenneman License No. 03-2307 65 Glen Ridge Drive 721 _=THSISAREDINK STAMP. ie | carly this to be a tue and exact copy of Newark, OH 43055 eee ae SS January 25, 2018 2eane i“ Dear Mr. Brenneman: eto: _/ / a CHL You are hereby notified, in accordance with the provisions of Section 119.07 of the Ohio Revised Code the State of Ohio Board of Pharmacy (Board) proposes to take action against your license for violations of Chapter 4729. of the Revised Code and Section 4729 of the Administrative Code under authority of Section 4729.16 of the Revised Code. JURISDICTION 1. Pursuant to division (A)(1) of Section 4729.16 (effective April 6, 2017) of the Ohio Revised Code (ORC), the Board may impose any one or more of the following sanctions on a pharmacist or pharmacy intern if tthe board finds the individual engaged in any of the conduct set forth in division (A)(2) ofthis section: a. Revoke, suspend, restrict, limit, or refuse to grant or renew a license, ORC 4729.16(A)(1)(a);, and/or b. Reprimand or place the license holder on probation, ORC 4729.16(A)(1)(b); and/or Impose a monetary penalty or forfeiture not to exceed in severity any penalty designated under the Revised Code for a similar offense or in the case of a violation of a section of the Revised Code that does not bear a penalty, impose a monetary penalty or forfeiture of not more than $500, ORC 4729.16(A)(1)(c). 2. Rule 4729-05-04 of the Ohio Administrative Code (OAC) provides that the Board may discipline or deny the issuance of a certificate of registration or an identification card to practice pharmacy as a pharmacist in Ohio. 3. Donald Brenneman is a licensed pharmacist in the state of Ohio under license number 03-2-30732, who failed to renew his license on or prior to September 15, 2017. ALLEGATIONS. 77 South High Street, 17th Floor, Columbus, Ohio 43215 66.4143 | Ft eee ee 1, On May 1, 2017, you consented to a drug screen requested by your employer. The results from the drug screen were positive for benzodiazepines and cannabinoids. You admitted in an interview with agents from the Board that you recently smoked marijuana at a concert. You also admitted to taking one Restoril (temazepam), a benzodiazepine, from a former friend for whom it was prescriber 2. On May 9, 2017, you consented to a drug screen requested by agents from the Board; the results, which were returned to the Board on July 24, 2017, were positive for marijuana and oxazepam, a benzodiazepine. 3. You failed to notify the State Board of Pharmacy regarding a change of employment within thirty (30) © days. You began employment with Northside Pharmacy on January 11, 2017. As of your September 14, 2017 renewal and the date of this Notice Letter, Coshocton County Memorial Hospital is listed as your employer. 4, While employed as a contract Pharmacist at Coshocton Hospital, on September 26, 2026, concerns were raised regarding you exhibiting behavior that could affect your performance and judgment as a pharmacist. The noted behavior included very slow, drawn-out, exaggerated speech patterns and your ‘eyes closing during conversation. As a result of the concerns raised, human resources requested you submit to a drug test. You did not complete the drug test as requested, admitting you would test positive for marijuana and ultimately you resigned two days later. POTENTIAL VIOLATIONS OF LAW 1. Such conduct as set forth in the Allegations Section, if proven, constitutes a violation of Section 4729,08(8) of the ORC, not of good moral character and habits, punishable by a maximum penalty of $500. 2. Such conduct as set forth in paragraphs (1), (2) and (4) of the Allegations Section, if proven, each constitutes a violation of the following divisions of (A) of section 4729.16 of the ORC effective as of April 6, 2017, each violation constituting a minor misdemeanor, each punishable by a maximum penalty of $150: ‘a. Engaged in dishonesty or unprofessional conduct in the practice of pharmacy, ORC 4729.16 Section (A)(2)(b); and/or b. 1s addicted to or abusing alcohol or drugs or is impaired physically or mentally to such a degree as to render the pharmacist unfit to practice pharmacy, ORC Section 4729.16(A)(2)(c); and/or Violated, conspired to violate, attempted to violate, or aided and abetted the violation of any of the provisions of chapter 4729...Chapter 2925. or 3719. of the Revised Code, or any rule adopted by the board under those provisions, ORC 4729.16(A)(2\(e) 4d. Engaged in any conduct for which the board may impose discipline as set forth in rules adopted under section 4729.26 of the Revised Code, ORC Section 4729.16(A)(2)(V). Donald Brenneman Case No, 2017-1657 2 3. Such conduct as set forth in paragraphs (21), (2) and (4) of the Allegations section, if proven, each constitutes a violation of each of the following divisions of Rule 4729-5-04 of the OAC as effective April 28, 2016, each violation punishable by a maximum penalty of $500: a. Violated any state or federal law or rule regardless of the jurisdiction in which the acts were committed, OAC Rule 4729-5-04(A); and/or b. Violated...any of the provisions of Chapters 4729..3719. and 2925. of the Revised Code, or any rule adopted by the board under those provisions, OAC Rule 4729-5-04(8); and/or ¢ Committed acts that constitute moral turpitude as defined in section 4776.10 of the Revised Code or gross immorality, OAC Rule 4729-5-04(C); and/or d. Is addicted to or abusing alcohol, drugs or other chemical substances or impaired physically or ‘mentally to such a degree as to render the pharmacist or pharmacy intern unfit to practice pharmacy, OAC Rule 4729-5-04(0). 4. Such conduct as set forth in paragraph (1), (2) and (4) of the Allegations sections, if proven, each constitutes a violation of Section 2925.11 of the Ohio Revised Code, possession of drugs, each violation constituting a misdemeanor of the first degree, each punishable by a maximum penalty of $1000. 5. Such conduct as set forth in paragraph (3) of the Allegations section, if proven, constitutes a violation of each of the following divisions of Rule 4729-5-05 of the OAC as effective April 28, 2016, each violation punishable by a maximum penalty of $500: Has failed to notify the board of pharmacy of the address of ‘the principal place where they practice their profession, including pharmacist placement services, within thirty days after they have commenced such practice, OAC Rule 4729-5-05(E) 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 State of Ohio Board of Pharmacy, if you request such a hearing within thirty 30 days of the date of the mailing of this notice, IF YOU DESIRE A HEARING, such request shall either be mailed to the State of Ohio Board of Pharmacy, Attn’ Legal, 77 South High Street, 17" Floor, Columbus, Ohio 43215-6126 or an e-mail request may be sent to egal@pharmacy.ohio.gov (please note faxes will not be accepted). YOUR REQUEST MUST BE MUST BE RECEIVED ON OR PRIOR TO THE 30" DAY FOLLOWING THE MAILING DATE OF THIS NOTICE. Please note that if you submit a request via email, your request will be acknowledged within one business day of receipt. if you do not receive an acknowledgment, please contact the Board offices at 614-466-4143 and request the legal department. 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 to the 30 day following the mailing of this notice, the State of Ohio Board of Pharmacy, upon consideration of the aforementioned allegations against you, may take action without such a hearing. If you have questions regarding the Chapter 119. Administrative Hearing process, please e-mail your questions to legal@pharmacy.ohio.gov or call the Board office at 614-466-4143 and ask for the legal department. Donald Brenneman Case No. 2017-1657 3 BY ORDER OF THE STATE BOARD OF PHARMACY St a. bbb ‘Steven W. Schierholt, Esq., Executive Director SWS/jak/rle CMRRR: 7016 3010 0000 8417 4190 Donald Brenneman Case No. 2017-1657 4 steven w. Schlerol sa John R Kas NOTICE OF OPPORTUNITY FOR HEARING PROPOSAL TO TAKE DISCIPLINARY ACTION AGAINST LICENSEE IN THE MATTER OF: Case No. 2017-1648 ina R. Dalrymple Ucense No.034-27532 ny 1689 Green Hill Road ea ey feo Ashtabula, OH 44008 te ciiealdocenten Beem gies i January 25, 2018 oa Dear Ms. Kristina 8. Dalrymple: See omar VST FAVE BOARD SEAL TO AL. You are hereby notified, in accordance with the provisions of Section 119.07 of the Ohio Revised Code the State of Ohio Board of Pharmacy (Board) proposes to take action against your license for violations of Chapter 44729, of the Revised Code and Section 4729 of the Administrative Code under authority of Section 4729.16 of the Revised Code. JURISDICTION 1, Pursuant to division (A)(1) of Section 4729.16 (effective April 6, 2017) of the Ohio Revised Code (ORC), the Board may impose any one or more of the following sanctions on a pharmacist or pharmacy intern if the board finds the individual engaged in any of the conduct set forth in division (A)(2) of this section: a. Revoke, suspend, restrict, limit, or refuse to grant or renew a license, ORC 4729.16(A)(1)(a}; and/or b. Reprimand or place the license holder on probation, ORC 4729.16(A)(1)(b); and/or Impose a monetary penalty or forfeiture not to exceed in severity any penalty designated under the Revised Code for a similar offense or in the case of a violation of a section of the Revised Code that does not bear a penalty, impose a monetary penalty or forfeiture of not more than $500, ORC 4729,16(A)(1)(c) 2. Rule 4729-05-04 of the Ohio Administrative Code (OAC) provides that the Board may discipline or deny the issuance of a certificate of registration or an identification card to practice pharmacy as a pharmacist in Ohio. 3. Kristina R. Dalrymple is a licensed pharmacist in the state of Ohio under license number 03-1-27532 ALLEGATIONS 77 South High Street, 17th Floor, Columbus, Ohio 43215 PAGE : ee Cee ee eed 1. You admitted to creating false prescription #801579 for d-amphetamine salt combo #30 in Walgreens’ dispensing software on or about April 26, 2017, while employed at Walgreens Pharmacy #9833, located at 318 W. Prospect Road, Ashtabula, Ohio. Prescription #801579 was entered into the dispensing system, but no hard copy prescription existed. You then deleted the false prescription after being questioned by Walgreens’ management. 2. You, as the Responsible Person at Walgreens Pharmacy #9833, admitted to not reporting a significant loss of d-amphetamine salt combo 30mg from Walgreens Pharmacy #9833. According to an audit conducted by Board agents, there was a loss of approximately 1,084 d-amphetamine salt combo 30 mg tablets from June 9, 2016 (the last time inventory was conducted) through May 16, 2017. 3. On or about September 27, 2017, Kristina Dalrymple was indicted by an Ashtabula County Grand Jury for ‘one count of section 2925.23 of the ORG, illegal Processing of Drug Documents, a felony of the fourth degree, and one count of section 2913.42(A)(1) of the ORC, Tampering with records, a misdemeanor of the first degree. State vs. Kristina Dalrymple, 2017 CR 476, Ashtabula County. POTENTIAL VIOLATIONS OF LAW 1. Such conduct as set forth in paragraph one (1) and three (3) of the Allegations Section, if proven, constitutes a violation of section 2925.23 of the ORC, the violation constituting a felony of the fourth degree, punishable by a maximum penalty of $5,000. 2. Such conduct as set forth in paragraph one (1) and three (3) of the Allegations Section, if proven, each constitutes a violation of 2913.42(A)(1) of the ORC, a misdemeanor of the first degree, punishable by a ‘maximum penalty of $1,000. 3. Such conduct as set forth in paragraphs one (1) and three (3) of the Allegations Section, if proven, each constitutes a violation of the following sections of 4729-5-11 of the OAC, Responsible Person, each violation punishable by a maximum penalty of $500: a. The responsible person shall be responsible for the practice of the profession of pharmacy, including, but not limited to, the supervision and control of dangerous drugs as required in division (B) of section 4729.55 of the Revised Code, adequate safeguards as required in division (C) of section 4729.55 of the Revised Code, security and control of dangerous drugs as required in rule 4729-9-11 of the Administrative Code and maintain all drug records otherwise required, OAC Rule 4729-5-11(A)(2); and/or b. The person to whom the terminal distributor of dangerous drugs (TDDD) license has been issued and all pharmacists on duty are responsible for compliance with all state and federal laws, regulations, and rules governing the distribution of drugs and the practice of pharmacy, OAC Rule 4729-5-11(A)(3) 4. Such conduct as set forth in paragraph two (2) of the Allegations Section, if proven, constitutes 2 violation of Section 4729-9-11(C) of the OAC, @ pharmacist...or responsible person for a TDDD license pursuant to rule 4729-5-11 of the Administrative Code who has signed as being responsible for a TODD license is responsible to monitor for suspicious orders, unusual usual, or questionable disposition of dangerous drugs. Kristina Dalrymple Case No. 2017-1648 2 Such conduct as set forth in paragraph two (2) of the Allegations Section, if proven, constitutes a violation of the following Sections of 4729-9-15 of the OAC, Report of theft or loss, each violation punishable by a maximum penalty of $500: a. Each..1ODD...shall notify the following upon discovery of the theft or significant loss of any dangerous drug or controlled substance. a. The state board of pharmacy, by telephone immediately upon discovery of the theft or significant loss; b. If a controlled substance, the drug enforcement administration (DEA) pursuant to 21 CFR. 1301.76(b); . Law enforcement authorities pursuant to section 2921.22 of the revised code, 4729- 15(A); and/or b. Controlled substance thefts must also be reported by using the federal DEA report form ‘whether or not the controlled substances are subsequently recovered and/or the responsible parties are identified and action taken against them. A copy of the federal form regarding such theft or loss shall be filed with the state board of pharmacy within thirty days following the discovery of such theft or loss, OAC Rule 4729-9-15(8). 6. Such conduct as set forth in paragraphs one (1), two (2), and three (3) of the Allegations Section, if proven, each constitutes a violation of the following divisions of (A) of section 4729.16 of the ORC effective as of April 6, 2017, each violation constituting a minor misdemeanor, each punishable by a maximum penalty of $150: a. Engaged in dishonesty or unprofessional conduct in the practice of pharmacy, ORC 4729.16 Section (AN(2)(b); and/or b. Violated...any of the provisions of chapter 4729...of the Revised Code, Chapter 2925. or 3719. of the Revised Code, or any rule adopted by the board under those provisions, ORC 4729.16(A)(2\(e) Engaged in any conduct for which the board may impose discipline as set forth in rules adopted under section 4729.26 of the Revised Code, ORC Section 4729.16(A)2)(). 7. Such conduct as set forth in paragraphs one (1), two (2), and three (3) of the Allegations section, if proven, each constitutes a violation of each of the following divisions of Rule 4729-5-04 of the OAC as effective April 28, 2016, each violation punishable by 2 maximum penalty of $500: a. Violated any state or federal law or rule regardless of the jurisdiction in which the acts were committed, OAC Rule 4729-5-04(A); and/or b, Violated..any of the provisions of Chapters 4729., 3719., and 2925. of the Revised Code, or any rule adopted by the board under those provisions, OAC Rule 4729-5-04(8); and/or . Committed acts that constitute moral turpitude as defined in section 4776.10 of the Revised Code or gross immorality, OAC Rule 4729-5-04(C). Kristina Dalrymple Case No, 2017-1648 3 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 State of Ohio Board of Pharmacy, if you request such a hearing within thirty 30 days of the date of the mailing of this notice. IF YOU DESIRE A HEARING, such request shall either be mailed to the State of Ohio Board of Pharmacy, Attn: Legal, 77 South High Street, 17” Floor, Columbus, Ohio 43215-6126 or an e-mail request may be sent to Jegal@pharmacy.chio.gov (please note faxes will not be accepted). YOUR REQUEST MUST BE MUST BE RECEIVED ON OR PRIOR TO THE 30™ DAY FOLLOWING THE MAILING DATE OF THIS NOTICE. Please note that if you submit a request via email, your request will be acknowledged within one business day of receipt. If you do not receive an acknowledgment, please contact the Board offices at 614-466-8143 and request the legal department, 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 to the 30” day following the mailing of this notice, the State of Ohio Board of Pharmacy, upon consideration of the aforementioned allegations against you, may take action without such a hearing. If you have questions regarding the Chapter 119. Administrative Hearing process, please e-mail your questions to legal@pharmacy.ohio.gov or call the Board office at 614-466-4143 and ask for the legal department. BY ORDER OF THE STATE BOARD OF PHARMACY EL4 Steven W. Schierholt, Esq., Executive Director SWS/jak/rle CMRRR: 7016 3010 0000 8417 4213 Kristina Dalrymple Case No. 2017-1648 4 pane Hh ‘AMENDED SUMMARY SUSPENSION/NOTICE OF OPPORTUNITY FOR HEARING WHE MATTER OF cast No, 2017-1900 Rober Gevtand, RPh SUSPENDED License B REBARK STAMP. 2054 Eimwood tee enea Lakewood, OH 44107 a January 25, 2018 SL ELE Ti pick ts Ea Dear Robert Gerland: 7, a) You are hereby notified that, in addition to the allegations stated in the July 25, 2017 Summary Suspension Order/ Notice of Opportunity for Hearing letter, the State of Ohio Board of Pharmacy (Board) will also consider the following allegations contained in this amended notice. Your license remains suspended pursuant to the Order and Sections 3719.121 and 4729.16 of the Revised Code. Your hearing remains Scheduled for March 6, 2018, JURISDICTION 1, Records of the Board indicate you are currently licensed to practice pharmacy in the State of Ohio under license number 03-1-19226 2. The Board has the authority to pursue a summary suspension of a pharmacist’s license pursuant to Section 3719.121 and discipline of a pharmacist license pursuant to Section 4729.16 of the Ohio Revised Code (ORC) 3. The Board may suspend the license of a pharmacist if there is clear and convincing evidence that continuation of the person's professional practice or method of administering, prescribing, preparing, distributing, dispensing, or personally furnishing controlled substances or other dangerous drugs presents a danger of immediate and serious harm to others. ORC Section 3719.121(B). 4, Pursuant to Section 4729.86(C) of the Ohio Revised Code and the rules adopted thereunder, the Board hhas the authority to restrict a person from obtaining further information from the drug database. ALLEGATIONS. 1, On or about July 17, 2017, the Board was notified about your suspicious behavior while working at CVS Pharmacy #10372, located at 2210 W. Tuscarawas St. West, Canton, OH 44707. Upon review of video footage at CVS Pharmacy #10372 where you were working the night shift on or about July 12, 2017 through the morning of July 13, 2017, the following was observed: 77 South High Street, 17th Floor, Columbus, Ohio 43215 Se Oe Ce ee od a. Upon arrival at the store for your shift, your movements were fluid and an ability to multitask was observed. Approximately four hours into your shift, however, you demonstrated signs of fatigue and shortly thereafter were observed taking a bag of popcorn from the store shelf and not paying for it b. At approximately 1:51 a.m. on July 13, 2017, you were observed reaching into your pocket placing an unknown item into your mouth and immediately taking a drink from a soda bottle. At approximately 3:04 a.m. on July 13, 2017, your movements stowed to the point that the motion-activated surveillance cameras did not record your movements and you were observed for approximately one minute motionless against a shelving unit, which is being used for your assistance to stand. Upon removing yourself from the shelving unit, you walked directly into a counter. d. Between approximately 3:11 a.m. through 3:24 a.m. on July 13, 2017, you were observed with severely diminished motor skills, falling asleep while standing, on the ground in a fetal position and struggling to lift a prescription fill basket that you were observed lying on moments earlier fe. You were observed attempting to unsuccessfully rip out a privacy divider on the wall in the pharmacy, having an inability to control your hand movements and walking around the pharmacy with an unsteady gait. f. You were observed attempting to drink from a prescription vial while a cap remains secured on the bottle, 8. You were observed falling asleep in a standing position while filing a prescription. h. You were observed leaving the pharmacy barricade for approximately thirty minutes, during which time the pharmacy was left in an open, unsecured manner and able to be accessed by non-pharmacy CVS store employees as well as the general public. i. At approximately 4:25 a.m., your movements and gait were observed to begin to restore and no more swaying was observed. You departed after completing your shift at approximately 8:20 2. During an interview with Board agents on or about July 17, 2017, you indicated that you could not recall working the shift from the night of July 12, 2017 to the morning of July 13, 2017, even after being shown video of your behavior. You admitted to consuming CVS store merchandise (food products) without paying for them, 3. In a subsequent interview, you also admitted to running an Ohio Automated Rx Reporting System (OARRS) Report on your girlfriend who had not been a patient of the CVS pharmacy since August 18, 2016 on three separate occasions: 04/28/2017, 05/26/2017, and 7/11/2017. 4, On or about July 12 through July 13, 2017, you dispensed prescription number 0295657, written by the prescriber for a quantity of 60 tablets of Adderall 15 mg for patient K.8.; however, you dispensed only Robert Gerland Case No. 2017-1900 a 30 tablets of the drug to the patient. The patient identified the error after the purchase and returned the medication back to CVS Pharmacy #10372. 5. On or about July 12 through July 13, 2017, you dispensed prescription number 0254209, which was written by the prescriber for a quantity of 180 tablets of Janumet 50-500 mg; however, you entered an Incorrect quantity of 60 tablets into the data entry. You filled the patient vile with the correct quantity of 180 tablets as prescribed; however, the vial should have only been filled with 60 tablets due to insurance reasons. The data error caused the label to reflect an incorrect quantity filled, 6. On or about July 12 through July 13, 2017, you filled a prescription of Alprazolam three times on the same label. One fill was returned to stock by the Responsible Person and the other two were located in ‘a will-call bin by a pharmacist at CVS Pharmacy #10372. 7. On or about October 23, 2017, you were indicted in Cuyahoga County for three (3) counts of Unlawfully obtaining drug information, all felonies of the fifth degree. Case No. CR-17-622174-A. POTENTIAL VIOLATIONS OF LAW 1. Such conduct as set forth in paragraph (3) and (7) of the Allegations Section, if proven, constitutes a violation of 4729.80(A)(6), on receipt of a request from a pharmacist, the board shall provide to the pharmacist information from the database relating to a current patient of the pharmacist, if the pharmacist certifies in a form specified by the board that it is for the purpose of the pharmacist’s practice of pharmacy involving the patient who is the subject of the request. 2. Such conduct as set forth in paragraph (3) and (7) of the Allegations Section, if proven, constitutes a violation of 4729.86(A)(3) of the ORC, no person shall obtain drug database information by any means except as provided under section 4729,80 or 4729.81 of the Revised Code. 3. Such conduct as set forth in paragraph (1)(h) of the Allegations Section, if proven, constitutes a violation of Section 4729.27 of the ORC, failure to be in full and actual charge of the pharmacy, a misdemeanor of the third degree punishable by a maximum penalty of $500. 4. Such conduct as set forth in paragraph (1)(h) of the Allegations Section, if proven, constitutes a violation of Rule 4729-9-11(A)(1) of the OAC, personal supervision by a pharmacist of the dangerous drugs at all times to deter and detect theft or diversion, punishable by a maximum penalty of $500. 5. Such conduct as set forth in paragraph (1)(h) of the Allegations Section, if proven, constitutes a violation of the following Rules of the OAC, each paragraph constituting its own violation, each punishable by a ‘maximum penalty of $500: Failure of the person to whom the terminal distributor of dangerous drugs license has been issued and all pharmacists on duty to be responsible for compliance with all state and federal laws, regulations, and rules regulating the distribution of drugs and the practice of pharmacy, ‘OAC Rule 4729-5-11(A)(3). 6. Such conduct as set forth in paragraph (4), (5), and (6) of the Allegations Section, if proven, constitutes a violation of Section 3715.64(A)(1), Misbranded drug ~ its labeling is false or misleading in any particular, each violation a misdemeanor of the fourth degree, each punishable by a maximum penalty of $250. Robert Gerland Case No. 2017-1900 3 7. Such conduct as set forth in paragraph (4), (5), and (6) of the Allegations Section, if proven, constitutes 2 Violation of Section 3715.52(A)(2) of the ORC, the adulteration or misbranding of any food, drug, device ‘or cosmetic, each violation constituting a misdemeanor of the fourth degree, each punishable by a maximum penalty of $250. 8. Such conduct as set forth in paragraph (4), (5), and (6) of the Allegations Section, if proven, constitutes the following violation of Section 3715.64(A)(10) of the ORC, Misbranding, each violation a misdemeanor of the fourth degree, each punishable by a maximum penalty of $250: {It is a drug and its container is so made, formed, or filled as to be misleading, ORC Section 3715.64(A)(10)(a); and/or bb. The drug sold or dispensed is not the brand or drug specifically prescribed or ordered or, when dispensed by a pharmacist upon prescription, is neither the brand or drug prescribed nor a generically equivalent drug, ORC Section 3715.64(A)(10)(d), 9. Such conduct as set forth in paragraphs (1)(a) through (1)(i) inclusive and paragraph (2), paragraph (4), (5), and (6) of the Allegations Section, if proven, each constitutes a violation of the following divisions of (A) of section 4729.16 of the ORC effective as of April 6, 2017, each violation constituting a minor misdemeanor, each punishable by a maximum penalty of $150: a. Engaged in dishonesty or unprofessional conduct in the practice of pharmacy, ORC 4729.16 Section (A)(2\b); and/or b. Is addicted to or abusing alcohol or drugs or is impaired physically or mentally to such a degree ‘as to render the pharmacist unfit to practice pharmacy, ORC Section 4729.16(A)(2)(c); and/or ©. Violated, conspired to violate, attempted to violate, or aided and abetted the violation of any of ‘the provisions of this chapter 3715.75 to 3715.72 of the Revised Code, Chapter 2925. or 3719. of the Revised Code, or any rule adopted by the board under those provisions, ORC 4729.16(A)(2\(e) d._Engaged in any conduct for which the board may imposed discipline as set forth in rules adopted under section 4729.26 of the Revised Code, ORC Section 4729.16(A)(2)() 10. Such conduct as set forth in (1a) through (1)() inclusive and paragraph (2), paragraph (3), (4), (5), and (6) of the Allegations Section, if proven, constitutes a violation of each of the following divisions of Rule 4729-5-04 of the OAC as effective April 28, 2016, each violation punishable by a maximum penalty of $500: a. Violated any state or federal law or rule regardless of the jurisdiction in which the acts were committed, OAC Rule 4729-5-04(A); and/or b. Violated...any of the provisions of Chapters 4729., 3715., 3719, and 2925., of the Revised Code, or any rule adopted by the board under those provisions, OAC Rule 4729-5-04(8); and/or ©. Committed acts that constitute moral turpitude as defined in section 4776.10 of the Revised Code or gross immorality, OAC Rule 4729-5-04(C); and/or Robert Gerland Case No. 2017-1900 4 d. Is addicted to or abusing alcohol, drugs or other chemical substances or impaired physically or mentally to such a degree as to render the pharmacist or pharmacy intern unfit to practice pharmacy, OAC Rule 4729-5-04(D); and/or fe. Has been disciplined by the Ohio state board of pharmacy pursuant to section 4729.16 of the Revised Code, OAC Rule 4729-5-04(E); and/or PURSUANT TO SECTION 3719.121(8) OF THE OHIO REVISED CODE, YOU ARE HEREBY NOTIFIED THAT YOUR REGISTRATION AND LICENSE TO PRACTICE PHARMACY IN THE STATE OF OHIO ARE SUSPENDED. SECTION 4729.16(8) OF THE O.R.C. REQUIRES THAT YOU RETURN YOUR IDENTIFICATION CARD AND LICENSE TO THE OFFICE OF THE BOARD WITHIN 10 DAYS OF RECEIPT OF THIS NOTICE. ‘YOU WERE PREVIOUSLY ADVISED IN THE BOARD'S NOTICE DATED JUNE 17, 2016 THAT SECTION 4729.16(8) OF THE O.R.C. REQUIRES THAT YOU RETURN YOUR IDENTIFICATION CARD AND CERTIFICATE OF REGISTRATION ‘TO THE OFFICE OF THE BOARD WITHIN 10 DAYS OF RECEIPT OF THE BOARD'S NOTICE. THE BOARD HAS NOT YET RECEIVED YOUR IDENTIFICATION CARD. PURSUANT TO RULE 4729-9-01(F) OF THE OHIO ADMINISTRATIVE CODE, DURING THIS TERM OF SUSPENSION YOU MAY NOT BE EMPLOYED BY OR WORK IN ANY FACILITY LICENSED BY THE BOARD OF PHARMACY. THIS SUSPENSION SHALL REMAIN IN EFFECT UNTIL A FINAL ADJUDICATION ORDER BECOMES EFFECTIVE, DURING WHICH TIME YOU MAY NOT ENGAGE IN THE PRACTICE OF PHARMACY. 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 State of Ohio Board of Pharmacy, if you request such a hearing within thirty 30 days of the date of the mailing of this notice. Since you have already requested 2 hearing based on the notice dated June 17, 2016, you do not need to make an additional hearing request. Your hearing remains scheduled for March 6, 2018. Hf you have questions regarding the Chapter 119. Administrative Hearing process, please e-mail your questions to legal@pharmacy.chio.gov or call the Board office at 614-466-4143 and ask for the legal department. BY ORDER OF THE STATE OF OHIO BOARD OF PHARMACY SLA. ELF Steven W. Schierholt, Esq., Executive Director SWS/sva/rle CMRRR: 7016 3010 0000 8417 4206 Robert Gerland Case No. 2017-1900 5

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