Collura, Francis J. (PD RPh Renewal)

7/28/2019 Collura, Francis J. (PD RPh Renewal)

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OHIO STATE BOARD OF PHARMACY77 South High Street, Room 1702; Columbus, OH 43215-6126

-Equal Opportunity Employer and Service Provider-TEL: 614/466-4143 E-MAIL: [email protected] FAX: 614/752-4836TTYITDD: Use the Ohio Relay Service: 1-800/750-0750 URL: http://www.pharmacy.ohio.gov

PROPOSAL TO DENY/NOTICE OF OPPORTUNITY FOR HEARING

July 10, 2013

Francis J. Collura, R.Ph.575 Sudbury CircleOswego, IL 60543Re: Ohio Registered PharmacistLicense No. 03-3-10628

Dear Mr. Collura:YOU ARE HEREBY NOTIFIED, pursuant to Section 119.07 of the Ohio Revised Code, that therenewal of your identification card to pract ice pharmacy as a pharmacist in the state of Ohiopursuant to Section 4729.12 of the Ohio 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 youmay not be entitled to continue in the practice of pharmacy as provided in Section 4729.12 ofthe Ohio Revised Code. The specific evidence in support of this act ion is as fol lows:(1) Records of the Board of Pharmacy indicate that you were originally l icensed in the state ofOhio on July 30, 1973, pursuant to examination, and your license to practice pharmacy in thestate of Ohio lapsed on September 15, 2012; however, you applied fo r renewal on or aboutSeptember 24, 2012.(2) From on or about October 9, 2007, until on or about October 6, 2008, you served as thepharmacist-in-charge of Essington Pharmacy. During that time, Essington pharmacy sold anddispensed drugs to customers through the mail pursuant to orders made using the internet.Such drugs were prescribed by physicians who had not established a valid physician-patientrelationship with Essington Pharmacy customers. On February 2, 2012, you entered into aConsent Order with the Illinois Department of Financial and Professional Regulation whereinyour pharmacy license was placed on probation for a period of three (3) years as a result of theillegal dispensing of drugs at Essington Pharmacy. Such discipl ine, if proven, constitutes notbeing of good moral character and habits and/or being disciplined by any professionall icensing board within the meaning of Rule 4729-5-04 of the Ohio Administrative Code;further, such conduct, if proven, constitutes being qulltv of a felony or gross immorality;and/or qui ltv of dishonesty or unprofessional conduct in the practice of pharmacy within themeaning of Section 4729.16 of the Ohio Revised Code.For these reasons, the State Board of Pharmacy will determine whether to take actionpursuant to Sections 4729.12 and 4729.16 of the Ohio Revised Code.


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Francis j . Collura, R.Ph.Page 2Notice of Opportunity

YOU ARE HEREBY ADVISED that Rule 4729-5-04 of the Ohio Administrative Code provides that:The board of pharmacy may consider as evidence of a person not meeting the

requirements provided in Division (B) of Section 4729.08, Division (B) of Section4729.09, and Sections 4729.11 and 4729.12 of the Revised Code, and may deny aperson admission to the l icensure examination, or may deny the issuance of acertificate of registration or an identification card to practice pharmacy as apharmacist or intern in Ohio i f such person:(A) Has been convicted of a felony;(B) Has been convicted of violating any state or federal pharmacy or drug law;(C) Is not of good moral character and habits;(D) Is addicted to or abusing liquor or drugs;(E) Has been disciplined by the Ohio State Board of Pharmacy pursuant toSection 4729.16 of the Revised Code; or(F) Has been discipl ined by any board of pharmacy.

YOU ARE FURTHER ADVISED that Section 4729.16 of the Ohio Revised Code states in pertinentpart that:(A) The State Board of Pharmacy, after not ice and hearing in accordance with

Chapter 119. of the Ohio Revised Code, may revoke, suspend, limit, place onprobation, or refuse to grant or renew an identification card under this chapter, ormay impose a monetary penal ty or forfeiture not to exceed in severity any finedesignated under the Ohio Revised Code fo r a similar offense, or in the case of aviolation of a section of the Ohio Revised Code that does not bear a penalty, amonetary penalty or forfeiture of no more than five hundred dollars, if the Boardfinds a pharmacist or pharmacy intern:

(1) Guilty of a felony or gross immorality;(2) Guilty of dishonesty or unprofessional conduct in the practice ofpharmacy;(3) Addicted to or abusing liquor or drugs or impaired physical ly or

mentally to such a degree as to render the pharmacist or pharmacy internunfit to practice pharmacy;

(4) Has been convicted of a misdemeanor related to, or committed in,the practice of pharmacy;

(5) Guilty of willfully violating, conspiring to violate, attempting toviolate, or aiding and abett ing the violation of any of the provisions of this


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Francis J. Collura, R.Ph.Page 3Notice of Opportunity

chapter, sections 3715.52 to 3715.72 of the Revised Code, Chapter 2925. or3719. of the Revised Code, or any rule adopted by the board under thoseprovisions;(6) Guilty of permitting anyone other than a pharmacist or pharmacyintern to practice pharmacy;(7) Guilty of knowingly lending the pharmacist's or pharmacy intern'sname to an illegal practitioner of pharmacy or having professional connection

with an illegal practitioner of pharmacy;(8) Guilty of dividing or agreeing to divide remuneration made in thepractice 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, ornursing home;(9) Has violated the terms of a consult agreement entered intopursuant to section 4729.39 of the Revised Code;(10) Has committed fraud, misrepresentation, or deception in applying

for or securing a license or identification card issued by the board under thischapter or under Chapter 3715. or 3719. of the Revised Code.

(E) If, pursuant to an adjudication under Chapter 119. of the Revised Code,the board has reasonable cause to believe that a pharmacist or pharmacy intern isphysically or mentally impaired, the board may require the pharmacist or pharmacyintern to submit to a physical or mental examination, or both.

YOU ARE FURTHER NOTIFIED that "Revoke", as used in Chapters 3719. and 4729. of theRevised Code, means to take action against a license render ing such license void and suchlicense may not be reissued. "Revoke" is an act ion that is permanent against the l icense andlicensee. Ohio Administrative Code, 4729-9-01 (E)YOU ARE FURTHER NOTIFIED, in accordance with the provisions of Chapters 119. and 4729. ofthe Ohio Revised Code, that you are entitled to a hearing before the Ohio State Board ofPharmacy, i f you request such a hearing within thirty (30) days of the time of the mai ling ofthis notice.IF YOU DESIRE A HEARING, such request shall be mailed to the State Board of Pharmacy, 77South High Street, Room 1702, Columbus, Ohio 43215-6126. YOUR REQUEST MUST BE INWRITING, AND MUST BE RECEIVED IN THE OFFICE OF THE OHIO STATE BOARD OF PHARMACYON OR PRIOR TO THE THIRTIETH (30TH) DAY FOLLOWING THE MAILING DATEOF THIS NOTICE.You may appear at such hearing in person, by your attorney, or by such other representativeas is permitted to practice before the agency, or you may present your position, arguments orcontentions in writing; and, at this hear ing, you may also present evidence and examine anywitnesses appearing fo r and against you.


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Francis j . Collura, R.Ph.Page 4Notice of Opportunity

YOU ARE FURTHER ADVISED that if there is no request fo r such a hearing received by theBoard on or prior to the thirtieth (30 t h) day fol lowing the mai ling of this not ice, the Ohio StateBoard of Pharmacy, upon considerat ion of the aforementioned allegations against you, maytake action without such a hearing.

Kyle w. P a r K e r ( , ~ . B . A . , R.Ph.Executive Director

KWPjbte (Case No. 2012-1923)Registered Mail/Return ReceiptRE 946 606 621 USc. Charissa D. Payer, Assistant Attorney General

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Collura, Francis J. (PD RPh Renewal)