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

FAX: 614/752-4836
exec@bop.state.oh.us
URL: http://www.pharmacy.ohio.gov

TTY/TDD: Use the Ohio Relay Service: 1-800/750-0750

PROPOSAL TO DENY/NOTICE OF OPPORTUNITY FOR HEARING

-THIS IS A RED INK STAMP.3py of

tr.c:
Ohio State Board of Pha

,ith the

November 19, 2014

Executive Dir.

Oncology Hematology Consultants

of South Eastern Ohio, Inc.
c/o Utpal K. Bhanja, M.D.
751 Forest Avenue, Suite 201
Zanesville, Ohio 43701

tA'D , .1(11 TO BE OFFICIALRe: Application for Registration as a

Terminal Distributor of Dangerous
Drugs with a Pain Management
Clinic Classification

Dear Dr. Bhanja:

YOU ARE HEREBY NOTIFIED, in accordance with the provisions of Section 119.07 of the
Revised Code, that your application for registration as a -Terminal Distributor of
Dangerous Drugs with a Pain Management Clinic Classification pursuant to Sections
4729.54 and 4729.552 of the Revised Code has been proposed to be denied.
The reason for this proposal is that the Board has evidence which leads it to believe
that you do not qualify for registration under Sections 4729.55 or 4729.552 of the
Revised Code. Specifically, you have not furnished satisfactory proof to the Board that
you meet the qualifications enumerated therein and pursuant to rule. The specific
evidence in support of this action is as follows:
(1)

Records of the Board of Pharmacy indicate that on or about June 21, 2011, you
were the Responsible Person for Oncology Hematology Consultants of South
Eastern Ohio, Inc., located at 751 Forest Avenue, Suite 201, Zanesville, Ohio
43701, and that on June 21, 2011, Oncology Hematology Consultants of South
Eastern Ohio, Inc., applied for registration as a Terminal Distributor of
Dangerous Drugs with a Pain Management Clinic Classification.

(2)

On or around June 21, 2011, Oncology Hematology Consultants of South

Eastern Ohio, Inc./Utpal Kumar Bhanja, M.D., did violate Section 4729.552(6)(5)
of the Ohio Revised Code and Rule 4731-29-01 of the Ohio Administrative
Code, to wit: Oncology Hematology Consultants of South Eastern Ohio,
Inc./Utpal Kumar Bhanja, M.D., submitted an application for a Pain
Management Clinic License that failed to furnish satisfactory proof that the
applicant met the qualifications to hold such license. To wit: The application in
question fails to provide the required background checks. When interviewed by
an Agent of the Ohio State Board of Pharmacy, Dr. Bhanja admitted that he
never completed the required background checks on his employees even

Oncology Hematology Consultants of South Eastern Ohio, Inc.

c/o Uptal Bhanja, M.D.
Page 2
Notice of Opportunity

though he felt he was writing more than fifty percent of pain medication and
wanted to pursue the Pain Management License. Twice, once on July 26, 2013,
and again on October 22, 2013, the Licensing Administrator for the Ohio Board
of Pharmacy sent Dr. Bhanja certified letters at Oncology Hematology
Consultants of South Eastern Ohio, Inc., located at 751 Forest Avenue Suite
201, Zanesville, Ohio 43701, regarding his pending license and advised him
that he was not in compliance with the minimal requirements for licensure. To
date Oncology Hematology Consultants of South Eastern Ohio, Inc./Uptal
Kumar Bhanja, M.D., fails to respond or cooperate with the Ohio State Board of
Pharmacy. Such conduct, if proven, constitutes violating a rule of the board;
violating a provision of Chapter 4729 of the Ohio Revised Code; ceasing to
satisfy the qualifications of a terminal distributor of dangerous drugs set forth
in section 4729.55 of the Revised Code within the meaning of Section 4729.57
of the Ohio Revised Code.
The following sections of rule and law may apply in whole, or part, to the
consideration of your application:
ORC 4729.55; 4729.552; OAC 4729-9-19, 4731-29-01 and/or Emergency Rule
4731-29-01.
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 YOU DESIRE 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
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.

Oncology Hematology Consultants of South Eastern Ohio, Inc.

c/o Uptal Bhanja, M.D.
Page 3
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 (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.

BY ORDER OF THE STATE BOARD OF PHARMACY

Steven W. Schierholt, Esq.

Executive Director

SWS/rlc (Case No. 2014-1061)

Registered Mail / Return Receipt
RE 663 139 055 US
_Charissa Payer, Assistant Attorriey General
Enclosures: ORC 4729.55; 4729.552; OAC 4729-9-19, 4731-29-01 and/or Emergency Rule 4731-29-01