OHIO STATE BOARD OF PHARMACY

77 South High Street, 17th Floor; Columbus, Ohio 43266-0320
-Equal Opportunity Employer and Service Provider-

PHONE: 614/466-4143

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

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

NOTICE OF OPPORTUNITY FOR HEARING

November 12, 1999 Martin Barron, R.Ph. 2430 Claver Road University Heights, Ohio 44118 Re: Dear Mr. Barron: YOU ARE HEREBY NOTIFIED that, in accordance with the provisions of Chapters 119. and 4729. of the Ohio Revised Code, you are entitled to a hearing before the State Board of Pharmacy, if you request such a hearing within thirty (30) days of the time of the mailing of this notice, on the basis of the following allegations: (1) Records of the Board of Pharmacy indicate that you were originally licensed in the state of Ohio on August 4, 1953, pursuant to examination, and you are currently the Responsible Pharmacist at Medicine Shoppe Pharmacy pursuant to Sections 4729.27 and 4729.55 of the Ohio Revised Code and Section 4729-5-16 of the Ohio Administrative Code. Additionally, Board records indicate that administrative action has been taken against your license to practice pharmacy on February 11, 1998, for matters unrelated to the allegations set forth herein and you are currently on probation until February 11, 2000. (2) You as Responsible Pharmacist did, from May 1, 1996, through April 11, 1999, fail to provide effective and approved controls and procedures to deter and detect theft and diversion of dangerous drugs, to wit: during this time period, the following drugs were diverted from the pharmacy without adequate detection and/or prevention: Drug Name/Strength Adderall 5mg Adderall 10mg Codeine SO4 30mg Hydromorphone 2mg Amt. Short 99 523 9 111 % Short 5.0% 6.0% 1.3% 2.9% Ohio Registered Pharmacist License No. 03-2-05416

Drug Name/Strength Hydromorphone 4mg Duragesic 25mcg/hr Duragesic 50mcg/hr Duragesic 75mcg/hr Duragesic 100mcg/hr Methadone 10mcg MS Contin 15mg MS Contin 30mg MS Contin 60mg Oxycontin 10mg Oxycontin 20mg Oxycontin 40mg Oxycontin 80mg OxyIR 5mg Percodan Roxicet Roxicodone Diazepam 10mg Phentermine 8mg Ionamin 15mg Ionamin 30mg Fastin 30mg Propoxyphene N-100

Amt. Short 3,594 2 17 10 11 626 65 102 47 408 1,672 1,467 29 65 463 433 61 14,234 17 33 79 30 9,975

% Short 8.6% .1% 7.9% 2.9% 1.9% 6.4% 7.4% 3.1% 3.5% 15.7% 16.6% 13.5% 3.6% 3.1% 3.5% 5.2% 3.6% 19.1% >0.1% 8.3% 9.3% 6.9% 4.7%

Such conduct is in violation of Rule 4729-9-05 of the Ohio Administrative Code and, if proven, constitutes being guilty of unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code. (3) You as Responsible Pharmacist did, from May 1, 1996, through April 11, 1999, knowingly sell a controlled substance in an amount greater than one hundred times the bulk amount when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: the following schedule II controlled substances were diverted from the pharmacy without prescriptions: Drug Name/Strength Dilaudid 4mg Hydromorphone 4mg Oxycontin 20mg Oxycontin 40mg Amt. Short 3,303 291 1,671 1,467 % Short 13.1% 1.9% 16.6% 13.5%

Such conduct is in violation of Section 2925.03 of the Ohio Revised Code and, if proven, constitutes being guilty of a felony or gross immorality; guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/or guilty of willfully violating the provisions of

Martin Barron, R.Ph. Page 3 Notice of Opportunity Chapter 2925. of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio Revised Code. (4) You as Responsible Pharmacist did, from May 1, 1996, through April 11, 1999, knowingly sell a controlled substance in an amount greater than five times bulk but less than fifty times bulk when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: the following schedule II controlled substances were diverted from the pharmacy without prescriptions: Drug Name/Strength Adderall 10mg Duragesic 100mcg/hr Methadone 10mg Oxycontin 10mg Oxycontin 80mg Percodan Roxicet Amt. Short 523 11 626 408 29 463 433 % Short 5.0% 1.9% 6.4% 15.7% 3.6% 3.5% 5.2%

Such conduct is in violation of Section 2925.03 of the Ohio Revised Code and, if proven, constitutes being guilty of a felony or gross immorality; guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/or guilty of willfully violating the provisions of Chapter 2925. of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio Revised Code. (5) You as Responsible Pharmacist did, from May 1, 1996, through April 11, 1999, knowingly sell a controlled substance in an amount greater than bulk but less than five times bulk when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: the following schedule II controlled substances were diverted from the pharmacy without prescriptions: Drug Name/Strength Dilaudid 2mg Hydromorphone 2mg Duragesic 50mcg/hr Duragesic 75mcg/hr MS Contin 15mg MS Contin 30mg MS Contin 60mg OxyIR 5mg Roxicodone Amt. Short 81 30 17 10 65 102 47 65 61 % Short 3.1% 2.7% 7.9% 2.9% 7.4% 3.1% 3.5% 3.1% 3.6%

Such conduct is in violation of Section 2925.03 of the Ohio Revised Code and, if proven, constitutes being guilty of a felony or gross immorality; guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/or guilty of willfully violating the provisions of

Martin Barron, R.Ph. Page 4 Notice of Opportunity Chapter 2925. of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio Revised Code. (6) You as Responsible Pharmacist did, from May 1, 1996, through April 11, 1999, knowingly sell a controlled substance in an amount less than bulk when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: the following schedule II controlled substances were diverted from the pharmacy without prescriptions: Drug Name/Strength Adderall 5mg Codeine SO4 30mg Duragesic 25mcg/hr Amt. Short 99 9 2 % Short 5.0% 1.3% 0.1%

Such conduct is in violation of Section 2925.03 of the Ohio Revised Code and, if proven, constitutes being guilty of a felony or gross immorality; guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/or guilty of willfully violating the provisions of Chapter 2925. of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio Revised Code. (7) You as Responsible Pharmacist did, from May 1, 1996, through April 11, 1999, knowingly sell a controlled substance in an amount greater than fifty times the bulk amount when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: the following schedule III, IV, or V controlled substances were diverted from the pharmacy without prescriptions: Drug Name/Strength Diazepam 10mg Propoxyphene N-100 Amt. Short 14,234 9,975 % Short 19.1% 4.7%

Such conduct is in violation of Section 2925.03 of the Ohio Revised Code and, if proven, constitutes being guilty of a felony or gross immorality; guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/or guilty of willfully violating the provisions of Chapter 2925. of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio Revised Code. (8) You as Responsible Pharmacist did, from May 1, 1996, through April 11, 1999, knowingly sell a controlled substance in an amount greater than bulk but less than five times bulk when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: the following schedule III, IV, or V controlled substances were diverted from the pharmacy without prescriptions: Drug Name/Strength Ionamin 30mg Fastin 30mg Amt. Short 79 30 % Short 9.3% 6.9%

Martin Barron, R.Ph. Page 5 Notice of Opportunity Such conduct is in violation of Section 2925.03 of the Ohio Revised Code and, if proven, constitutes being guilty of a felony or gross immorality; guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/or guilty of willfully violating the provisions of Chapter 2925. of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio Revised Code. (9) You as Responsible Pharmacist did, from May 1, 1996, through April 11, 1999, knowingly sell a controlled substance in an amount less than the bulk when the conduct was not in accordance with Chapters 3719., 4729., and 4731. of the Ohio Revised Code, to wit: the following schedule. III, IV, or V controlled substances were diverted from the pharmacy without prescriptions: Drug Name/Strength Phentermine 8mg Ionamin 15mg Amt. Short 17 33 % Short >0.1% 8.3%

Such conduct is in violation of Section 2925.03 of the Ohio Revised Code and, if proven, constitutes being guilty of a felony or gross immorality; guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/or guilty of willfully violating the provisions of Chapter 2925. of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio Revised Code. (10) You as Responsible Pharmacist did, on or about November of 1998 and/or June of 1999, knowingly make a false statement when the statement was made with purpose to mislead a public official in performing the public official's official function, to wit: you first reported to Robert L. Cole, Ohio State Board of Pharmacy Compliance Supervisor a loss of controlled substances; subsequently, you indicated to Mr. Cole and Lynn Mudra, that you were not missing said drugs. Subsequent investigation revealed that you in fact had documented missing drugs. Such conduct is in violation of Section 2921.13 of the Ohio Revised Code and, if proven, constitutes being guilty of unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code. (11) You as Responsible Pharmacist did, on or about April 12, 1999, possess for sale misbranded drugs, to wit: you possessed in the pharmacy area the following drugs that you indicated you had "consolidated for accountability purposes:" Drug Name/Strength Adderall 5mg Adderall 20mg Adderall 20mg Hydrocodone 2mg Dilaudid 4mg MSIR 15mg Morphone Sulfate 15mg MS Contin 60mg MS Contin 10mg Stock Bottle Size 100 100 100 100 100 100 100 100 100 Containing 121 141 147 188 178 146 195 104 151

Martin Barron, R.Ph. Page 6 Notice of Opportunity Drug Name/Strength Roxicodone 5mg Methadone 10mg Stock Bottle Size 100 100 Containing 265 170

Such conduct is in violation of Section 3715.52 of the Ohio Revised Code and, if proven, constitutes being guilty of unprofessional conduct in the practice of pharmacy and/or guilty of willfully violating the provisions of Sections 3715.52 to 3715.72 of the Ohio Revised Code within the meaning of the Section 4729.16 of the Ohio Revised Code. (12) You as Responsible Pharmacist did, on or about June 27, 1997, fail to document that the pharmacy's prescription refill information entered into the automated data processing system was correct by signing the hard-copy printout of each day's prescription refill data. Such conduct is in violation of Rule 4729-5-28(C)(2) of the Ohio Administrative Code and, if proven, constitutes being guilty of unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code. (13) You as Responsible Pharmacist did, on or about April 14, 1999, fail to maintain a copy of current federal and state laws, regulations, and rules governing the legal distribution of drugs in Ohio in the pharmacy. You had previously been given a written warning about such conduct on June 27, 1997. Such conduct is in violation of Rule 4729-9-02 of the Ohio Administrative Code and, if proven, constitutes being guilty of unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code. (14) You as Responsible Pharmacist did, on or about April 14, 1999, fail to maintain the pharmacy's stock, library, and equipment in a suitable, well-lighted and well-ventilated room or department with clean and sanitary surroundings primarily used for the compounding and preparing of prescriptions. You had previously been given written warning about such conduct on June 27, 1997. Such conduct is in violation of Rule 4729-9-02 of the Ohio Administrative Code and, if proven, constitutes being guilty of unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code. (15) You as Responsible Pharmacist, did on or about April 14, 1999, fail to maintain a prescription file system wherein prescriptions were separated by schedule, to wit: prescriptions had not been filed for the week preceding the April 14, 1999 inspection; prescriptions were scattered throughout the pharmacy's dispensing counter amid envelopes papers, and other miscellaneous items. Such conduct is in violation of Rule 4729-5-09 of the Ohio Administrative Code and, if proven, constitutes being guilty of unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code. (16) You as Responsible Pharmacist did, on or about April 14, 1999, dispense controlled substances pursuant to prescriptions that had not been written for drug quantities both numerically and alphabetically. You had previously been given a written warning about such conduct on June 27, 1997. Such conduct is in violation of Rule 4729-5-13 of the Ohio Administrative Code and, if proven, constitutes being guilty of unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code.

Martin Barron, R.Ph. Page 7 Notice of Opportunity (17) You as Responsible Pharmacist did, on or about April 14, 1999, dispense dangerous drugs pursuant to telephone prescriptions without obtaining the full name of the physician's agents. Such conduct is in violation of Rule 4729-5-13 of the Ohio Administrative Code and, if proven, constitutes being guilty of unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code. (18) You as Responsible Pharmacist did, on or about April 14, 1999, when dispensing dangerous drugs pursuant to prescriptions, you failed to manually initial the original prescription, to wit: you used a rubber stamp with your name inscribed. You had previously been given a written warning about such conduct on June 27, 1997. Such conduct is in violation of Rule 4729-5-27 of the Ohio Administrative Code and, if proven, constitutes being guilty of unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code. (19) You as Responsible Pharmacist did, on or about June 27, 1997, fail to correctly document the pharmacy's biennial inventory, to wit: when taking the required inventory on April 3, 1994, and again on April 30, 1996, you failed to denote whether the inventories were taken at the opening or closing of the business day. Such conduct is in violation of Section 1304.11 of the Code of Federal Regulations and, if proven, constitutes being guilty of unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code. (20) You as Responsible Pharmacist did, on or about February 10, 1997, fail to correctly document the pharmacy's receipt of controlled substances, to wit: you indicated on DEA Form 222 number 952977678 that you had received three bottles of one-hundred unit doses of Dilaudid 4mg when in fact you had not received that drug. Such conduct is in violation of Rule 4729-9-14 of the Ohio Administrative Code and, if proven, constitutes being guilty of unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code. (21) You as Responsible Pharmacist did, on or about February 10, 1997, fail to correctly document the pharmacy's receipt of controlled substances, to wit: you indicated on DEA Form 222 number 9822006506 that you had received 4 packages each containing 5 patches of Duragesic 25mcg/hr when in fact you had not received that drug. Such conduct is in violation of Rule 4729-9-14 of the Ohio Administrative Code and, if proven, constitutes being guilty of unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code. For these reasons, the State Board of Pharmacy will determine whether to take action pursuant to Section 4729.16 of the Ohio Revised Code. YOU ARE HEREBY ADVISED that Section 4729.16 of the Ohio Revised Code states in pertinent part that: (A) The state board of pharmacy, after notice and hearing in accordance with Chapter 119. of the Revised Code, may revoke, suspend, place on probation, or refuse to grant or renew an identification card, or may impose a monetary penalty or forfeiture not to exceed in severity any fine designated under the Revised Code for a similar offense,

Martin Barron, R.Ph. Page 8 Notice of Opportunity or in the case of a violation of a section of the Revised Code that does not bear a penalty, a monetary penalty or forfeiture of no more than five hundred dollars, if the Board finds a pharmacist or pharmacy intern: (1) (2) (3) Guilty of a felony or gross immorality; Guilty of dishonesty or unprofessional conduct in the practice of pharmacy; Addicted to or abusing liquor or drugs or impaired physically or mentally to such a degree as to render the pharmacist or pharmacy intern unfit to practice pharmacy; Has been convicted of a misdemeanor related to, or committed in, the practice of pharmacy; Guilty of willfully violating, conspiring to violate, attempting to violate, or aiding and abetting the violation of any of the provisions of this chapter, sections 3715.52 to 3715.72 of the Revised Code, or Chapter 2925. or 3719. of the Revised Code; Guilty of permitting anyone other than a pharmacist or pharmacy intern to practice pharmacy; Guilty of knowingly lending the pharmacist’s or pharmacy intern’s name to an illegal practitioner of pharmacy or having professional connection with an illegal practitioner of pharmacy; or Guilty of dividing or agreeing to divide remuneration made in the practice of pharmacy with any other individual, including, but not limited to, any licensed health professional authorized to prescribe drugs or any owner, manager, or employee of a health care facility, residential care facility, or nursing home. Has violated the terms of a consult agreement entered into pursuant to Section 4729.39 of the Revised Code.

(4) (5)

(6) (7)

(8)

(9)

IF YOU DESIRE A HEARING, such request shall be mailed to the State Board of Pharmacy, 77 South High Street, 17th Floor, Columbus, Ohio 43266-0320. 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.

Martin Barron, R.Ph. Page 9 Notice of Opportunity

YOU ARE FURTHER ADVISED that if you do not request such a hearing within thirty (30) days of the mailing of this notice, the 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

Timothy Benedict, R.Ph. Assistant Executive Director DLR:tt (D-991112-031) CERTIFIED MAIL Return Receipt cc: Sally Ann Steuk, Assistant Attorney General

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