OHIO STATE BOARD OF PHARMACY

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

-Equal Opportunity Employer and Service Provider-

F4X: 614/752-4836 E-MAIL: exec@bop.state.oh.us TEL: 614/366-4143 URL: http:I/www.pharmacyohio.gov Tfl7TDD: Use the Ohio Relay Service: 1-800/750-0750

NOTICE OF OPPORTUNITY FOR HEARING

January 28, 2013

OHIO AMBULANCE C/C Howard K. Meil, M.D. Tripoint Med. Center 7590 Auburn Rd. Concord, Ohio 44077

Re: Dear Dr. MeIl:

Ohio Terminal Distributor License No. 02-1861950

YOU ARE HEREBY NOTIFIED that, in accordance with the provisions of Chapters 11 9. and 4729. of the Ohio Revised Code, the Ohio State Board of Pharmacy will determine whether or not to take action against OHIO AMBULANCEs license. Prior to any such action, OHIO AMBULANCE is 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 OHIO AMBULANCE is licensed with the State Board of Pharmacy as a Terminal Distributor of Dangerous Drugs. Records further reflect during the relevant time periods stated herein, Solomon, Arthur G., D.C. was the Responsible Person pursuant to Rule 4729-5-1 1 of the Ohio Administrative Code and Sections 472927 and 4729.55 of the Ohio Revised Code. OHIO AMBULANCE, between November 2011 and February 3, 2012, failed to secure dangerous drugs in a tamper-evident setting, to wit: the following drugs were left in a desk at a former licensed OHIO AMBULANCE satellite location at 5680 Karl Road, Columbus, Ohio 43229 when the company closed the site: 5 midazolam 2mg/2mI vials 2 diazepam 1 Omg/2ml injections 11 morphine sulfate 2mg/mi injections 1 furosemide 4Omg/4m1 vial 2 Pitressin 1 ml vials 6 adenosine 6mg/2m1 vials

t2)

OHIO AMBULANCE do MeII, Howard K., M.D. Page 2 Notice of Opportunity Such conduct, if proven, is in violation of Rules 4729-33-03(8) and 4729-9-1 1(B) 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. (3) OHIO AMBULANCE, between November 2011 and February 3, 201 2, failed to keep complete and accurate records for at least three years of receipt, use, administration, destruction, and waste of dangerous drugs, to wit: the following drugs were left behind when the company closed the site at the former OHIO AMBULANCE satellite location at 5680 Karl Road, Columbus, Ohio 43229: 5 midazolam 2mg/2m1 vials 2 diazepam 1 Omg/2mI injections 11 morphine sulfate 2mg/mi injections 1 furosemide 4Omg/4m1 vial 2 Pitressin 1 ml vials 6 adenosine 6mg/2ml vials

The license holder was unaware that these drugs were missing until a new ambulance company moved into the satellite location. Such conduct, if proven, is in violation of Rule 4729-33-04 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. (4) OHIO AMBULANCE failed to provide written notice to the Board, by verified facsimile or certified mail, that the former OHIO AMBULANCE satellite location at 5680 Karl Road, Columbus, Ohio 43229 was permanently closed. Such conduct, if proven, is a violation of Rule 4729-9-07 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. 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) (2) (3) Making any false material statements in an application for a license as a terminal distributor of dangerous drugs; Violating any rule of the board; Violating any provision of this chapter;

OHIO AMBULANCE do Mell, Howard K., M.D. Page 3

Notice of Opportunity (4) Violating any provision of the Federal Food, Drug, and Cosmetic Act, 52 Stat. 1 040 (1 938), 21 U.S.C.A. 301, or Chapter 371 5. of the Revised Code; violating any provision of the federal drug abuse control laws or Chapter 2925. or 371 9. of the Revised Code; 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; Ceasing to satisfy the qualifications of a terminal distributor of dangerous drugs set forth in Section 4729.55 of the Revised Code. 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; 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.

(5)

(6)

(7) (8)

(b)

YOU ARE FURTHER NOTIFIED, in accordance with the provisions of Chapters 11 9. 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 facilitys 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.

OHIO AMBULANCE c/o Mell, Howard K., M.D. Page 4 Notice of Opportunity YOU ARE FURTHER ADVISED that if there is no request for such a hearing received by the Board on or prior to the thirtieth (3Ot1) 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
/7J

Kyle W. Parker, M.b.A., R.Ph. Executive Director

KWP/bte Registered Mail / Return Receipt RE 946 606 286 US Sean M. Culley, Assistant Attorney General

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