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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
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5
6 February 17, 2010
7
8Michael H. Haney, R.Ph.
92797 First Street
10Unit 1503
11Ft. Myers, FL 33916
12
13 Re: Ohio Registered Pharmacist
14 License No. 03-3-08403
15
16Dear Mr. Haney:
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18YOU ARE HEREBY NOTIFIED that, in accordance with the provisions of Chapters 119. and
194729. of the Ohio Revised Code, the Ohio State Board of Pharmacy will determine whether
20or not to take action against your license. Prior to any such action, you are entitled to a
21hearing before the State Board of Pharmacy on the basis of the following allegations:
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23(1) Records of the State Board of Pharmacy indicate that you were originally licensed
24 in the State of Ohio on August 16, 1965 pursuant to examination, and are currently
25 licensed to practice pharmacy in the State of Ohio.
26
27(2) You did, on or about or prior to May 15, 2009, fail to obtain and/or fail to submit to
28 the Board evidence of approved continuing education, to wit: when audited, it was
29 determined that you were short three continuing education hours (0.3 CEUs) on
30 board approved Jurisprudence. Such conduct is in violation of Rule 4729-7-02 of
31 the Ohio Administrative Code, and if proven constitutes being guilty of
32 unprofessional conduct and/or willfully violating a rule of the Board within the
33 meaning of Section 4729.16 of the Ohio Revised Code.
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35For these reasons, the State Board of Pharmacy will determine whether to take action
36pursuant to Section 4729.16 of the Ohio Revised Code.
37
38YOU ARE HEREBY ADVISED that Section 4729.16 of the Ohio Revised Code states in
39pertinent part that:
40 (A) The state board of pharmacy, after notice and hearing in accordance
41 with Chapter 119. of the Revised Code, may revoke, suspend, limit, place on
42 probation, or refuse to grant or renew an identification card, or may impose a
43 monetary penalty or forfeiture not to exceed in severity any fine designated under
44 the Revised Code for a similar offense, or in the case of a violation of a section of
45 the Revised Code that does not bear a penalty, a monetary penalty or forfeiture of

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46 not more than five hundred dollars, if the board finds a pharmacist or pharmacy
47 intern:
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49 (1) Guilty of a felony or gross immorality;
50
51 (2) Guilty of dishonesty or unprofessional conduct in the practice of
52 pharmacy;
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54 (3) Addicted to or abusing liquor or drugs or impaired physically or
55 mentally to such a degree as to render the pharmacist or pharmacy intern
56 unfit to practice pharmacy;
57
58 (4) Has been convicted of a misdemeanor related to, or committed
59 in, the practice of pharmacy;
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61 (5) Guilty of willfully violating, conspiring to violate, attempting to
62 violate, or aiding and abetting the violation of any of the provisions of this
63 chapter, sections 3715.52 to 3715.72 of the Revised Code, Chapter 2925.
64 or 3719. of the Revised Code, or any rule adopted by the board under
65 those provisions;
66
67 (6) Guilty of permitting anyone other than a pharmacist or pharmacy
68 intern to practice pharmacy;
69
70 (7) Guilty of knowingly lending the pharmacist’s or pharmacy
71 intern’s name to an illegal practitioner of pharmacy or having professional
72 connection with an illegal practitioner of pharmacy;
73
74 (8) Guilty of dividing or agreeing to divide remuneration made in the
75 practice of pharmacy with any other individual, including, but not limited
76 to, any licensed health professional authorized to prescribe drugs or any
77 owner, manager, or employee of a health care facility, residential care
78 facility, or nursing home;
79
80 (9) Has violated the terms of a consult agreement entered into
81 pursuant to section 4729.39 of the Revised Code;
82
83 (10) Has committed fraud, misrepresentation, or deception in
84 applying for or securing a license or identification card issued by the board
85 under this chapter or under Chapter 3715. or 3719. of the Revised Code.
86
87 ...
88 (E) If, pursuant to an adjudication under Chapter 119. of the Revised Code,
89 the board has reasonable cause to believe that a pharmacist or pharmacy intern
90 is physically or mentally impaired, the board may require the pharmacist or
91 pharmacy intern to submit to a physical or mental examination, or both.
92
93YOU ARE FURTHER NOTIFIED, in accordance with the provisions of Chapters 119. and 4729.
94of the Ohio Revised Code, that you are entitled to a hearing before the Ohio State Board of
95Pharmacy, if you request such a hearing within thirty (30) days of the time of the mailing of
96this notice.
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98 IF YOU DESIRE A HEARING, such request shall be mailed to the State Board of Pharmacy,
9977 South High Street, Room 1702, Columbus, Ohio 43215-6126. YOUR REQUEST MUST BE
100IN WRITING, AND MUST BE RECEIVED IN THE OFFICE OF THE OHIO STATE BOARD OF
101PHARMACY ON OR PRIOR TO THE THIRTIETH (30TH) DAY FOLLOWING THE MAILING DATE OF
102THIS NOTICE. You may appear at such hearing in person, by your attorney, or by such
103other representative as is permitted to practice before the agency, or you may present your
104position, arguments or contentions in writing; and, at this hearing, you may also present
105evidence and examine any witnesses appearing for and against you.
106
107YOU ARE FURTHER ADVISED that if there is no request for such a hearing received by the
108Board on or prior to the thirtieth (30th) day following the mailing of this notice, the Ohio
109State Board of Pharmacy, upon consideration of the aforementioned allegations against
110you, may take action without such a hearing.
111
112IF YOU DO NOT DESIRE TO HAVE A HEARING ON THIS MATTER AND CHOOSE TO SETTLE
113THE MATTER WITHOUT A HEARING, you may execute the enclosed settlement document
114and return it to the Board, along with the monetary penalty, on or prior to the thirtieth
115(30th) day following the mailing of this notice. If you choose this option, the matter will be
116concluded pursuant to the terms set forth in the settlement document. If you do not
117choose this option, the settlement offer is withdrawn and held for naught, and it will not be
118held against you if you choose to exercise your right to a hearing.
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120 BY ORDER OF THE STATE BOARD OF
121PHARMACY
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126 William T. Winsley, M.S., R.Ph.
127 Executive Director
128WTW:lp (D-100217-079)
129
130Registered Mail / Return Receipt
131RE 505 496 231 US
132
133c: Tracy M. Greuel, Assistant Attorney General
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135This public document is provided as a courtesy by:
136
137James Lindon, Pharm.D., Ph.D., J.D., Attorney at Law
138Lindon & Lindon, LLC
139Patents, Trademarks, Copyright, Pharmacy Law
14035104 Saddle Creek
141Cleveland (Avon), Ohio 44011-4907
142Phone: 440-333-0011
143Fax: 419-710-4925
144http://www.lindonlaw.com/
145
146Publication of this document does not necessarily mean that the pharmacist or other
147person mentioned in the document did what he/she is being accused of.
148