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Steven W. Schieiholt Esq ).;hr R.

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Executive Director Governor

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STATE OF
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NOTICE OF OPPORTUNITY FOR HEARING


PROPOSAL TO TAKE DISCIPLINARY ACTION AGAINST LICENSEE

IN THE MATTER OF: Case No. 2018-1088-B

Abel Ngoh License No. 03-325292


1249 Greystone Circle -THI IS A RED INK TAMP-
Dayton, OH 45414 I certify this to be a true and exact copy of
the original document co flie volfh the i
Ohio State Board of Pharmacy.
September 14, 2018

Steven W. Schierott, , Executive Dir.


Dear Mr. Abel Ngoh:
Date: 4 / /4//
4JUS HAVE :OARD 0: X-
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 division (A)(1) of Section 4729.16 (effective April 6, 2017) of the Ohio Revised Code (ORC),
the Board may impose any one or more of the following sanctions on a pharmacist or pharmacy intern if
the board finds the individual engaged in any of the conduct set forth in division (A)(2) of this section:

a. Revoke, suspend, restrict, limit, or refuse to grant or renew a license, ORC 4729.16(A)(1)(a);
and/or

b. Reprimand or place the license holder on probation, ORC 4729.16(A)(1)(b); and/or

c. Impose a monetary penalty or forfeiture not to exceed in severity any penalty designated under
the Revised Code for a similar offense or in the case of a violation of a section of the Revised Code
that does not bear a penalty, impose a monetary penalty or forfeiture of not more than $500,
ORC 4729.16(A)(1)(c),

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. Abel Ngoh is a licensed pharmacist in the state of Ohio under license number 03-325292

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T: (614) 466.4143 1 F: (614) 752.4836 I contactepharmacy.ohio.gov I www.pharmacy.ohio.gov
ALLEGATIONS

1. On or about December 11, 2017, the Springfield Pharmacy falsely asserted in its application for a TDDD
that Abel Ngoh had 100% ownership interest in Springfield Pharmacy. In fact, Abel Ngoh had signed a
partnership agreement with Michael Nwankwo giving each an ownership interest of 50%.

On or about November 2016 through November 6, 2017 while employed as the Responsible Person at
Dayton Pharmacy and Pharmacy One, Abel Ngoh engaged in numerous pharmacy practice violations to
wit:

a. A person was allowed to work in the pharmacy, who did not meet the qualifications of a
pharmacy technician and was not otherwise licensed by the Board, who engaged in pharmacy
activities.

b. End of day reports were not sufficient and did not meet positive identification requirements.
When employees logged-in to the dispensing software, they only used one username and
password.

c. Counseling logs could not be found in the end of day reports from October 27, 2017 to
November 6, 2017. There was no documentation of refusal of counseling.

d. Pharmacy records were stored outside of the barricade in an office without Board approval.

e. Security and control over drug stock were not maintained, the perpetual inventory book did not
properly account for or maintain the inventory.

f. Inventory records were insufficient. Drug invoices prior to July 2017 were not able to be
located.

g. Drug stock was adulterated by allowing drugs with different National Drug Codes to be mixed
together.

h. Abel Ngoh failed to transfer prescriptions for patients on multiple occasions while employed at
both locations, despite repeated, documented warnings by the Board.

POTENTIAL VIOLATIONS OF LAW

1. Such conduct as set forth in the Allegations Section, if proven, constitutes a violation of Section 4729.08(B)
of the ORC, 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 the following
divisions of (A) of section 4729.16 of the ORC effective as of April 6, 2017, each violation constituting a
minor 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

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b. 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).

c. 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 Section 4729.16(A)(2)(j); and/or

d. Engaged in any conduct for which the board may imposed discipline as set forth in rules adopted
under section 4729.26 of the Revised Code, ORC Section 4729.16(A)(2)(I).

3. Such conduct as set forth in the Allegations section, if proven, constitutes a 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:

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(B); and/or

c. 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. Has permitted anyone other than a pharmacist or pharmacy intern to practice pharmacy, OAC
Rule 4729-5-04(G); and/or

e. Has committed fraud, misrepresentation, or deception in applying for or securing a license issued
by the Board under Chapter 4729. of the Revised Code, OAC Rule 4729-5-04(K); and/or

f. Failed to conform to prevailing standards of care of similar pharmacists or pharmacy interns


under same or similar circumstances, whether or not actual injury to a patient is established,
OAC Rule 4729-5-04(L).

4. Such conduct as set forth in the Allegations Section, if proven, constitutes a violation of the following
sections of Rule 4729-5-11, Responsible Person, each violation punishable by a maximum penalty of
$1,000:

a. The responsible person shall be responsible for the practice of the profession of pharmacy,
including, but not limited to, the supervision and control of dangerous drugs as required in
division (B) of section 4729.55, adequate safeguards as required in division (C) of section
4729.55 of the Revised Coe, security and control of dangerous drugs as required in rule 4729-9-
11 of the Administrative Code and maintaining all drug records otherwise required. OAC Rule
4729-5-11(A)(2); and/or

b. For all locations licensed as a terminal distributor of dangerous drugs:

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i. The responsible person to whom the terminal distributor of dangerous drugs license has
been issued and all licensed health professionals on duty are responsible for compliance
with all state and federal laws, regulations, and rules governing the distribution of
dangerous drugs, OAC Rule 4729-5-11(D)(4); and/or

ii. The responsible person shall be responsible for ensuring the terminal distributor of
dangerous drugs requirements are met, including, but not limited to, the supervision and
control of dangerous drugs as required in division (B) of section 4729.55 of the Revised
Code, adequate safeguards as required in division (C) of section 4729.55 of the Revised
Code, security and control of dangerous drugs as required in rule 4729-9-11 of the
Administrative Code and maintaining all records relating to the distribution dangerous
drugs, OAC Rule 4729-5-11(D)(6).

5. Such conduct as set forth in paragraph (2)(g) of the Allegations Section, if proven, constitutes a violation
of the following divisions of Sections 3715.52 of the ORC, Prohibited Acts-Adulteration/Misbranding of
Drugs, a misdemeanor of the fourth degree, each violation punishable by a maximum penalty of $250:

a. The manufacture, sale, or delivery, holding or offering for sale of any food, drug, device, or
cosmetic that is adulterated or misbranded, ORC Section 3715.52(A)(1); and/or

b. The adulteration or misbranding of any food, drug, device, or cosmetic, ORC Section
3715.52(A)(2); and/or

c. The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the
labeling of, or the doing of any other act with respect to a food, drug, device, or cosmetic, if the
act is done while the article is held for sale and results in the article being misbranded, ORC Section
3715.52(A)(9).

6. Such conduct as set forth in paragraph (2)(a) of the Allegations Section, if proven, each constitutes a
violation of the following sections of 4729.42(C) of the ORC, allowing an unauthorized person to engage
in prohibited activities, as effective July 22, 1998, a misdemeanor of the third degree, each violation
punishable by a maximum penalty of $500.

7. Such conduct as set forth in paragraph (2)(a) of the Allegations Section, if proven, each constitutes a
violation of the following sections of 4729.28 of the ORC, allowing an unauthorized person to engage in
prohibited activities, as effective October 16, 2009, a misdemeanor of the second degree, each violation
punishable by a maximum penalty of $750.

8. Such conduct as set forth in paragraphs (2)(d) of the Allegations Section, if proven, constitutes a
violation of the following section of Rule 4729-9-11(A)(2)(h)(i) of the OAC, the designated area shall be
secured by either a physical barrier with suitable locks and/or an electronic barrier to detect
unauthorized entry. Such a barrier, before being put into use, must be approved by the State Board of
Pharmacy, punishable by a maximum penalty of $1,000.

9. Such conduct as set forth in paragraphs (2)(e) and (f) of the Allegations Section, if proven, each
constitutes a violation of the following sections of Rule 4729-9-14 of the OAC, Records of controlled
substances, each violation punishable by a maximum penalty of $1,000:

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a. Each inventory shall contain a complete and accurate record of all controlled substances on
hand on the date the inventory is taken, OAC Rule 4729-9-14(B)(1); and/or

b. Each prescriber or TDDD shall take a new inventory of all stocks of controlled substances on
hand every year following the date on which the initial inventory is taken, OAC Rule 4729-9-
14(B)(4).

10. Such conduct as set forth in paragraph (2)(g) of the Allegations Section, if proven, each constitutes a
violation of the following section of Rule 4729-5-15(B)(3) of the OAC, the dangerous drug products
returned to stock shelves shall be maintained in the container in which they were filled and shall
maintain their original prescription label containing the original expiration date assigned. The label on
the container shall not be removed, altered, or replaced with another label or have any other label
added, each violation punishable by a maximum of $1,000, OAC Rule 4729-5-14(B)(3).

11. Such conduct as set forth in paragraph (2)(h) of the Allegations Section, if proven, constitutes a violation
of the following sections of Rule 4729-5-24 of the OAC, no pharmacy shall refuse to transfer information
about a previously dispensed prescription to another pharmacy when requested by the patient.
Prescription information shall be transferred in accordance with this rule as soon as possible in order to
assure that the patient's drug therapy is not interrupted, each violation punishable by a maximum of
$1,000, OAC Rule 4729-5-24(D)(2).

12. Such conduct as set forth in paragraph (2)(b), (c), (e) and (f) of the Allegations Section, if proven, each
constitutes a violation of the following section of Rule 4729-5-27 of the OAC, Record Keeping, each
violation punishable by a maximum penalty of $1,000:

a. There must be positive identification of the pharmacists responsible for performing all activities
relating to the practice of pharmacy, OAC Rule 4729-5-27(A); and/or

b. All records relating to the practice of pharmacy shall be uniformly maintained for a period of three years, be
readily available, and promptly produced upon request for inspection by a state board of pharmacy officer,
agent, and/or inspector during regular business hours, OAC 4729-5-27(C).

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, 17th Floor, Columbus, Ohio 43215-6126 or an e-mail request may be sent to
legal@pharmacy.ohio.gov (please note faxes will not be accepted). YOUR REQUEST MUST BE MUST BE
RECEIVED ON OR PRIOR TO THE 30TH 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.

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YOU ARE FURTHER ADVISED that if there is no request for such a hearing received by the Board on or prior to
the 30th 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.

If 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

04.
&.), 444441
Steven W. Schierholt, Esq., Executive Director

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CMRRR: 9414 7118 9956 0132 3718 89

CC: Zachary Swisher, zach@law153group.com

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STATE OF OHIO BOARD OF PHARMACY


77 S HIGH ST RM 1702
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James Lindon Attorney, Ph.D.
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Avon, Ohio 44011-4907

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