NOTICE OF OPPORTUNITY FOR HEARING PROPOSAL TO TAKE DISCIPLINARY ACTION AGAINST LICENSEE INTHE MATTER OF: CASE NO. 2017-2281 Marian Mensah, RPh License No. 03-1-32488 _-THIS ISARED INK STAMP. 3816 Heritage View Trail Tory fi be at and ea copy a7 Wake Forest, NC 27587 Pe cal Sosmant on fe wih Oh Sata Boars of Phamecy. January 3, 2018 | even U Lhreherr Sime W, Ste ag, ree. Dear Marian Mensah MSTFATE BORD EAL TOBE OFFCHL 5 CAL 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 Section 4729.16 (effective July 16, 2015) of the Ohio Revised Code (ORC) and the rules adopted thereunder, the Board has the authority to revoke, suspend, limit, place on probation, or refuse to grant or renew an identification card issued to a pharmacist or pharmacist applicant for reciprocal registration in the state of Ohio, Additionally, Section 4729.16 of the Revised Code grants the Board the authority to impose a monetary penalty or forfeiture not to exceed in severity any fine designated under the Revised Code for a similar offense or $500 if the acts committed have not been classified as an offense by the Revised Code. 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. You area licensed pharmacist in the state of Ohio under license number 03-1-32488. ALLEGATIONS 1. Onor about March 1, 2013 through September 15, 2016, you completed 4.95 (49.5 hours) of continuing education units. Records of the Board indicate that you are 1.05 (10.5 hours) deficient of the 6.0 (60 hours) of continuing education units required for compliance, see Attachment A attached hereto and incorporated as though fully set forth herein. 77 South High Street, 17th Floor, Columbus, Ohio 43215 PIGOL AGO e Ee ec mL ead2. During an investigation by an Agent of the Board, it was also discovered on your 2017 renewal application that you falsely answered “Yes” to the certification statement that stated “I certify the Continuing Pharmacy Education information submitted via this process is true and accurate”, 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 and Rule 4729-5-04(C) of the OAC, not of good moral character and habits, punishable by a maximum penalty of $500. 2. Such conduct as set forth in the Allegations Section, if proven, constitutes a violation of section 4729-7- 02 of the OAC, requirements for renewal of a pharmacist identification card, punishable by a maximum. penalty of $500. 3. Such conduct as set forth in the Allegations Section, if proven, constitutes a violation of the following divisions of section 4729.16 of the ORC, as effective July 16, 2015, each violation constituting a minor misdemeanor, each punishable by a maximum penalty of $150: ’. Guilty of dishonesty or unprofessional conduct in the practice of pharmacy, ORC Section 4729.16(A\(2); and/or b. Guilty of willfully violating...any of the provisions of this chapter, sections 3715.52 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 Section 4729.16(A)(5); and/or c. Has committed fraud, misrepresentation, or deception in applying for or securing a license or identification card issued by the board under this chapter or under Chapter 3715. or 3719. of the Revised Code, ORC 4729.16(A)(10) 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 n 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 614-466-4143 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. Marian Mensah Case No. 2017-2281 2Hf 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 lever (i Sete LAW Steven W. Schierholt, Esq., Executive Director SWs/sva/rlc CMRRR: 7016 3010 0000 8417 4138 Marian Mensah Case No. 2017-2281 3John R. Kasien STATE OF OHIO BOARD OF PHARMACY SUMMARY SUSPENSION/NOTICE OF OPPORTUNITY FOR HEARING IN THE MATTER OF: case No. 20172862 Gregory Kal, Ph SUSPENDED License BAGH STAN. —_ 810 Sautter Drive ve gal docu on fe wih be Mansfeld, Oia 44908 He Sie Sort amass January 32018 Sa AIC ce : Dear Mr. Gregory Krall, STHAVE BOHR SEAL TOBE OFFAL You are hereby notified, in accordance with Section 119.07 of the Revised Code, the State of Ohio Board of Pharmacy (Board) hereby SUMMARILY SUSPENDS your Ohio license as a pharmacist, License No. 03-3-16776, under authority of Sections 3719.121 and 4729.16 of the Revised Code. JURISDICTION 1. Records of the Board indicate you are currently licensed to practice pharmacy in the State of Ohio under license number 03-3-16776. 2. The Board has the authority to pursue a summary suspension of a pharmacists license pursuant to Section 3719.121 and discipline of a pharmacist license pursuant to Section 4729.16 of the Ohio Revised Code (0.8.C.), 3. The Board is required to suspend a license of a pharmacist who is or becomes addicted to the use of controlled substances until the person offers satisfactory proof to the board that the person no longer is addicted to the use of controlled substances. ORC Section 3719.121(A). 4, 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(8). ALLEGATIONS 1. During a theft of drugs investigation, you admitted to the agents of the Board during the December 28, 2017 interview that for at least one year, but probably less than two years, you stole various quantities and types of controlled substances from your employer, Rite Aid Pharmacy #3266 located at 117 South Main Street in Fredericktown, Ohio 43019. The drugs you admitted to taking, without authorization, Include 77 South High Street, 17th Floor, Columbus, Ohio 43215 | contact@pharmacy.chio.gov |_ www-.pharmacy.chio.gov‘Tramadol, a schedule IV controlled substance; and/or Hydrocodone/acetaminophen, a schedule I! controlled substance; and/or Carisoprodol, a schedule IV controlled substance; and/or Alprazolam, a schedule IV controlled substance; and/or Phentermine, a schedule IV controlled substance; and/or Codeine/acetaminophen, a schedule lil controlled substance. 2. You admitted to having an addiction caused by work-related stress. You admitted to personally consuming all the drugs you stole from the pharmacy as well as to consuming various drugs while working within the pharmacy, filing prescriptions. 3. During the interview with agents of the Board, you were found with tablets in your possession. The tablets include: ‘a. Orphenadrine Citrate extended release 100 mg, a dangerous drug, non-controlled substance; and/or b. Cyclobenzaprine Hydrochloride 10 mg, a dangerous drug, non-controlled substance; and/or ©. Ropinirole Hydrochloride 0.5 mg, a dangerous drug, non-controlled substance. 4, Video footage and review of Rite Aid Pharmacy records confirm your involvement in the above-described thefts of controlled substances. 5. On May 2, 2016, a hearing was held in case number 2015-1047 related to an error in dispensing for which you were disciplined by the State of Ohio Board of Pharmacy by Order effective June 7, 2016. Pursuant to that Order, you were required to attend one of the State of Ohio Board of Pharmacy’s Roundtables within one year. You have failed to attend a Roundtable as of January 2, 2018. POTENTIAL VIOLATIONS OF LAW 1. Such conduct as set forth in the Allegations Section 1(a) through 1(f), if proven, each constitutes a violation of Section 2913.02 of the O.R.C., theft of dangerous drugs, a felony of the fourth degree, each Violation punishable by a maximum fine of $5,000. 2. Such conduct as set forth in of the Allegations Section 1(b), if proven, each constitutes a violation of Section 2925.11(A) of the O.R.C., Possession of a Schedule I! controlled substance, a felony of the fifth degree, each violation punishable by a maximum fine of $2,500. 3. Such conduct as set forth in of the Allegations Section (a) and 1(c) through 1(f), if proven, each constitutes a violation of Section 2925.11(A) of the O.R.C., Possession of a Schedule Ill or Schedule IV controlled substance, a misdemeanor of the first degree, each violation punishable by a maximum fine of $1,000. 4. Such conduct as set forth in the Allegations Section 3(a) through 3(c), if proven, each constitutes a Violation of 4729.51(€)(1){c), as effective September 29, 2017, possessing dangerous drugs, a misdemeanor of the first degree, each violation as set forth in 3(a) through 3(c) punishable by a maximum fine of up to $1,000. Gregory Krall Case No. 2017-2862 25. Such conduct as set forth in of the Allegations Section, Paragraphs 1 through 5, if proven, constitutes a violation of section 4729.16 of the ORC, as effective July 16, 2015, each violation constituting a minor misdemeanor, each punishable by a maximum penalty of $150: a. Guilty of a felony or gross immorality, ORC Section 4729.16(A)(1); and/or b. Guilty of dishonesty or unprofessional conduct in the practice of pharmacy, ORC Section 4729.16(A)(2); and/or c. Addicted to or abusing alcohol or drugs or impaired physically or mentally to such a degree as to render the pharmacist or pharmacy intern unfit to practice pharmacy, ORC 4729.16(A)(3); and/or 4. Guilty of willfully violating...any of the provisions of this chapter, Chapter 2925. or 3719. of the Revised Code, or any rule adopted by the board under those provisions, ORC Section 4729.16(A)(5). 6. Such conduct as set forth in the Allegations Section, Paragraphs 1 through 5, if proven, constitutes 2 violation of the following divisions of (A) of section 4729.16 of the ORC effective as of April 6, 2017, each violation constituting @ miner 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 alcoho! 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 impose discipline as set forth in rules adopted under section 4729.26 of the Revised Code, ORC Section 4729.16(A)(2)(I). 7. Such conduct as set forth in the Allegations Section, Paragraphs 1 through 5, if proven, constitutes @ violation of each of the following divisions of Rule 4729-5-04 of the OAC as effective January 1, 2011, each violation punishable by a maximum penalty of $500; 1a, Is addicted to or abusing liquor or drugs, OAC Rule 4729-5.04(0); and/or b. 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) 8, Such conduct as set forth in the Allegations section, Paragraphs 1 through 5, if proven, constitutes 2 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: Gregory Krall Case No. 2017-2862 3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...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(); and/or €. 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), PURSUANT TO SECTION 3719.121(A) & (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 TH! : (YOU RETURN YOUR IDENTIFICATION CARD AND LICENSE ‘TO THE OFFICE OF THE BOARD WITHIN 10 DAYS OF RECEIPT OF THIS NOTICE. 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. 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 legal@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 ot 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 Ohio State Board of Pharmacy, upon consideration of the aforementioned allegations against you, may take action without such a hearing. Hf 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. Gregory Krall Case No. 2017-2862 48Y ORDER OF THE STATE OF OHIO BOARD OF PHARMACY LM fir Steven W. Schierholk, Esq., Executive Director swsfjak/rle (MRR: 7016 3010 0000 8417 42.45 Gregory Krall Case No. 2017-2862 5