West Jefferson Urgent Care (LG TDD)

7/29/2019 West Jefferson Urgent Care (LG TDD)

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

-EqualOpportunity Employer andServiceProvider-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

NOTICE OFOPPORTUNITY FOR HEARING

March 29, 2013

West Jefferson Urgent Care- c/ o Eric Yoon, N.P.95 E. Main StreetWest Jefferson, Ohio 43162Re : Ohio Terminal DistributorLicense No. 02-1944100

Dear Mr. Yoon:YOU ARE HEREBY NOTIFIED that, in accordance with the provisions of Chapters 119. and 4729.of the Ohio Revised Code, the Ohio State Board of Pharmacy will determine whether or not totake action against West Jefferson Urgent Care's license. Prior to any such action, WestJefferson Urgent Care is entit led to a hearing before the State Board of Pharmacy on the basisof the following allegations:(1) Records of the Board of Pharmacy indicate that West Jefferson Urgent Care is licensedwith the State Board of Pharmacy as a Terminal Distributor of Dangerous Drugs. Records

further reflect during the relevant time periods stated herein, Eric Yoon, N.P. was theResponsible Person pursuant to Rule 4729-5-11 of the Ohio Administrative Code andSections 4729.27 and 4729.55 of the Ohio Revised Code.(2) West Jefferson Urgent Care did, on or about October 9, 2009, cease to satisfy thequalifications of a terminal distributor, to wit: West Jefferson Urgent Care did notmaintain supervision and control of the possession and custody of dangerous drugsacquired by or on behalf of the Urgent Care. Specifically, Eric J. Yoon, responsibleperson, ordered 100 phendimetrazine SR 105mg capsules, a controlled substance, via

Order Number 48792569 from wholesaler Moore Medical, for his own personal use. Ifproven, such conduct is a violation of Section 2925.23(B)(3) of the Ohio Revised Code, afelony of the fourth degree, and indicates that West Jefferson Urgent Care is within thepurview of Section 4729.57 of the Ohio Revised Code.(3) West Jefferson Urgent Care did, on or about January 5, 2010, cease to satisfy thequalifications of a terminal distributor, to wit: West Jefferson Urgent Care did notmaintain supervision and control of the possession and custody of dangerous drugsacquired by or on behalf of the Urgent Care. Specifically, Eric J. Yoon, responsibleperson, ordered 100 phendimetrazine SR 105mg capsules, a controlled substance, viaOrder Number 48830435 from wholesaler Moore Medical, for his own personal use. If


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West Jefferson Urgent Carec/o Eric Yoon, N.P.Page 2Notice of Opportunity

proven, such conduct is a violation of Section 2925.23(B)(3) of the Ohio Revised Code, afelony of the fourth degree, and indicates that West Jefferson Urgent Care is within thepurview of Section 4729.57 of the Ohio Revised Code.(4) West Jefferson Urgent Care did, on or about May 27, 2010, cease to satisfy thequalifications of a terminal distributor, to wit: West Jefferson Urgent Care did notmaintain supervision and control of the possession and custody of dangerous drugsacquired by or on behalf of the Urgent Care. Specifically, Eric J. Yoon, responsibleperson, ordered 100 phendimetrazine SR 105mg capsules, a controlled substance, viaOrder Number 48895690 from wholesaler Moore Medical, for his own personal use. Ifproven, such conduct is a violation of Section 2925.23(B)(3) of the Ohio Revised Code, afelony of the fourth degree, and indicates that West Jefferson Urgent Care is within thepurview of Section 4729.57 of the Ohio Revised Code.(5) West Jefferson Urgent Care did, on or about June 9, 2011, cease to satisfy thequalifications of a terminal distributor, to wit: West Jefferson Urgent Care did notmaintain supervision and control of the possession and custody of dangerous drugsacquired by or on behalf of the Urgent Care. Specifically, Eric J. Yoon, responsibleperson, ordered 100 phendimetrazine SR 105mg capsules, a controlled substance, viaOrder Number 4909593 from wholesaler Moore Medical for his own personal use. Ifproven, such conduct is a violation of Section 2925.23(B)(3) of the Ohio Revised Code, afelony of the fourth degree, and indicates that West Jefferson Urgent Care is within thepurview of Section 4729.57 of the Ohio Revised Code.For these reasons, the State Board of Pharmacy will determine whether to take actionpursuant to Section 4729.57 of the Ohio Revised Code.YOU ARE HEREBY ADVISED that Section 4729.57 of the Ohio Revised Code provides inpertinent part:(A) The State Board of Pharmacy may suspend, revoke, or refuse to renew any licenseissued to a terminal distributor of dangerous drugs pursuant to section 4729.54 ofthe Revised Code, or may impose a monetary penalty or for feiture not to exceed inseverity any fine designated under the Ohio Revised Code fo r a similar offense or onethousand dollars if the acts committed have not been classified as an offense by theRevised Code, for any of the followlnq causes:

(1) Making any false material statements in an application for a licenseas a terminal distributor of dangerous drugs;

(2) Violating any rule of the board;(3) Violating any provision of this chapter;(4) Violating any provision of the "Federal Food, Drug, and CosmeticAct," 52 Stat. 1040 (1938), 21 U.S.CA. 301, or Chapter 3715. of theRevised Code;


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(5) Violating any provrsion of the federal drug abuse control laws orChapter 2925. or 3719. of the Revised Code;(6) Falsely or fraudulently promoting to the public a dangerous drug,

except that nothing in this division prohibits a terminal distributor ofdangerous drugs from furnishing information concerning adangerous drug to a health care provider or another licensedterminal distributor;

(7) Ceasing to sat isfy the qualifications of a terminal distributor ofdangerous drugs set forth in Section 4729.55 of the Revised Code.--- - -------,------ -------- - --- - (8)Except as provided in divis ion (B) of this section:(a) Waiving the payment of all or any part of a deductible orcopayment that an individual, pursuant to a health insurance

or health care policy, contract, or plan that covers theservices provided by a terminal distributor of dangerousdrugs, would otherwise be required to pay fo r the services i fthe waiver is used as an enticement to a patient or group ofpatients to receive pharmacy services from that terminaldistributor;

(b) Advertising that the terminal distributor will waive thepayment of all or any part of a deductible or copayment thatan individual, pursuant to a health insurance or health carepolicy, contract, or plan that covers the pharmaceuticalservices would otherwise be required to pay fo r the services.

YOU ARE FURTHER NOTIFIED, in accordance wi th the provisions of Chapters 119. and 4729. ofthe Ohio Revised Code, that you are entitled to a hearing before the Ohio State Board ofPharmacy, if you request such a hearing within thirty (30) days of the time of the mailing ofthis notice.IF YOUR FACILITY DESIRES A HEARING, such request shall be mailed to the State Board ofPharmacy, 77 South High Street, Room 1702, Columbus, Ohio 43215-6126. YOUR REQUESTMUST BE IN WRITING, AND MUST BE RECEIVED IN THE OFFICE OF THE OHIO STATE BOARD OFPHARMACY ON OR PRIOR TO THE THIRTIETH (30TH) DAY FOLLOWING THE MAILING DATE OFTHIS NOTICE. You may appear at such hearing in person, by or with your attorney, or you maypresent the facility's position, arguments or contentions in writing ; and, at this hearing, youmay also present evidence and examine any witnesses appearing fo r and against the facil ity.


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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 th ) day following the mailing of this not ice, the Ohio StateBoard of Pharmacy, upon consideration of the aforementioned allegations against yourfacility, may take action without such a hearing.

BY ORDER OFTHE STATE BOARD OF PHARMACY

K ' f ' ~ . Parker, M.B.A., R.Ph.Ex-ecutive Director- - - - -- - - - -KWP/bteRegistered Mail/Return ReceiptRE 946 606 428 USc: Alan P. Schwepe, Assistant Attorney General

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West Jefferson Urgent Care (LG TDD)