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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

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3 NOTICE OF OPPORTUNITY FOR HEARING
4
5
6 February 8, 2010
7
8Kyle Matthew Miller, R.Ph.
9304 Walnut Street
10P.O. Box 471
11Ottoville, Ohio 45876
12 Re: Ohio Registered Pharmacist
13 License No. 03-3-26858
14
15Dear Mr. Miller:
16
17YOU ARE HEREBY NOTIFIED that, in accordance with the provisions of Chapters 119. and
184729. of the Ohio Revised Code, the Ohio State Board of Pharmacy will determine whether
19or not to take action against your license. Prior to any such action, you are entitled to a
20hearing before the State Board of Pharmacy on the basis of the following allegations:
21
22(1) Records of the State Board of Pharmacy indicate that you were originally licensed
23 in the State of Ohio on July 14, 2005, pursuant to examination, and are currently
24 licensed to practice pharmacy in the State of Ohio.
25
26(2) You did, on or about or prior to May 15, 2009, fail to obtain and/or fail to submit to
27 the Board evidence of approved continuing education, to wit: when audited, it was
28 determined that you were short on board approved Jurisprudence. Such conduct is
29 in violation of Rule 4729-7-02 of the Ohio Administrative Code, and if proven
30 constitutes being guilty of unprofessional conduct and/or willfully violating a rule of
31 the Board within the meaning of Section 4729.16 of the Ohio Revised Code.
32
33For these reasons, the State Board of Pharmacy will determine whether to take action
34pursuant to Section 4729.16 of the Ohio Revised Code.
35
36YOU ARE HEREBY ADVISED that Section 4729.16 of the Ohio Revised Code states in
37pertinent part that:
38 (A) The state board of pharmacy, after notice and hearing in accordance
39 with Chapter 119. of the Revised Code, may revoke, suspend, limit, place on
40 probation, or refuse to grant or renew an identification card, or may impose a
41 monetary penalty or forfeiture not to exceed in severity any fine designated under
42 the Revised Code for a similar offense, or in the case of a violation of a section of
43 the Revised Code that does not bear a penalty, a monetary penalty or forfeiture of
44 not more than five hundred dollars, if the board finds a pharmacist or pharmacy
45 intern:
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47 (1) Guilty of a felony or gross immorality;
48
49 (2) Guilty of dishonesty or unprofessional conduct in the practice of
50 pharmacy;
51
52 (3) Addicted to or abusing liquor or drugs or impaired physically or
53 mentally to such a degree as to render the pharmacist or pharmacy intern
54 unfit to practice pharmacy;
55
56 (4) Has been convicted of a misdemeanor related to, or committed
57 in, the practice of pharmacy;
58
59 (5) Guilty of willfully violating, conspiring to violate, attempting to
60 violate, or aiding and abetting the violation of any of the provisions of this
61 chapter, sections 3715.52 to 3715.72 of the Revised Code, Chapter 2925.
62 or 3719. of the Revised Code, or any rule adopted by the board under
63 those provisions;
64
65 (6) Guilty of permitting anyone other than a pharmacist or pharmacy
66 intern to practice pharmacy;
67
68 (7) Guilty of knowingly lending the pharmacist’s or pharmacy
69 intern’s name to an illegal practitioner of pharmacy or having professional
70 connection with an illegal practitioner of pharmacy;
71
72 (8) Guilty of dividing or agreeing to divide remuneration made in the
73 practice of pharmacy with any other individual, including, but not limited
74 to, any licensed health professional authorized to prescribe drugs or any
75 owner, manager, or employee of a health care facility, residential care
76 facility, or nursing home;
77
78 (9) Has violated the terms of a consult agreement entered into
79 pursuant to section 4729.39 of the Revised Code;
80
81 (10) Has committed fraud, misrepresentation, or deception in
82 applying for or securing a license or identification card issued by the board
83 under this chapter or under Chapter 3715. or 3719. of the Revised Code.
84
85 ...
86 (E) If, pursuant to an adjudication under Chapter 119. of the Revised Code,
87 the board has reasonable cause to believe that a pharmacist or pharmacy intern
88 is physically or mentally impaired, the board may require the pharmacist or
89 pharmacy intern to submit to a physical or mental examination, or both.
90
91YOU ARE FURTHER NOTIFIED, in accordance with the provisions of Chapters 119. and 4729.
92of the Ohio Revised Code, that you are entitled to a hearing before the Ohio State Board of
93Pharmacy, if you request such a hearing within thirty (30) days of the time of the mailing of
94this notice.
95
96IF YOU DESIRE A HEARING, such request shall be mailed to the State Board of Pharmacy, 77
97South High Street, Room 1702, Columbus, Ohio 43215-6126. YOUR REQUEST MUST BE IN
98WRITING, AND MUST BE RECEIVED IN THE OFFICE OF THE OHIO STATE BOARD OF
99PHARMACY ON OR PRIOR TO THE THIRTIETH (30TH) DAY FOLLOWING THE MAILING DATE OF
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100 THIS NOTICE. You may appear at such hearing in person, by your attorney, or by such
101other representative as is permitted to practice before the agency, or you may present your
102position, arguments or contentions in writing; and, at this hearing, you may also present
103evidence and examine any witnesses appearing for and against you.
104
105YOU ARE FURTHER ADVISED that if there is no request for such a hearing received by the
106Board on or prior to the thirtieth (30th) day following the mailing of this notice, the Ohio
107State Board of Pharmacy, upon consideration of the aforementioned allegations against
108you, may take action without such a hearing.
109
110IF YOU DO NOT DESIRE TO HAVE A HEARING ON THIS MATTER AND CHOOSE TO SETTLE
111THE MATTER WITHOUT A HEARING, you may execute the enclosed settlement document
112and return it to the Board, along with the monetary penalty and other requested
113documentation proposed therein, on or prior to the thirtieth (30 th) day following the mailing
114of this notice. If you choose this option, the matter will be concluded pursuant to the terms
115set forth in the settlement document. If you do not choose this option, the settlement offer
116is withdrawn and held for naught, and it will not be held against you if you choose to
117exercise your right to a hearing.
118
119 BY ORDER OF THE STATE BOARD OF
120PHARMACY
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124
125 William T. Winsley, M.S., R.Ph.
126 Executive Director
127WTW:lp (D-100208-058)
128
129Registered Mail / Return Receipt
130RE 505 496 293 US
131
132c: Tracy M. Greuel, Assistant Attorney General
133
134This public document is provided as a courtesy by:
135
136James Lindon, Pharm.D., Ph.D., J.D., Attorney at Law
137Lindon & Lindon, LLC
138Patents, Trademarks, Copyright, Pharmacy Law
13935104 Saddle Creek
140Cleveland (Avon), Ohio 44011-4907
141Phone: 440-333-0011
142Fax: 419-710-4925
143http://www.lindonlaw.com/
144
145Publication of this document does not necessarily mean that the pharmacist or other
146person mentioned in the document did what he/she is being accused of.
147