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OHIO STATE BOARD OF PHARMACY

77 South High Street, Room 1702; Columbus, OH 43215-6126
-Equal Opportunity Employer and Service Provider-

TEL: 614/466-4143 E-MAIL: exec@bop.state.oh.us FAX: 614/752-4836

TTY/TDD: Use the Ohio Relay Service: 1-800/750-0750 URL: http://www.pharmacy.ohio.gov

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2
3 NOTICE OF OPPORTUNITY FOR HEARING
4
5
6 February 8, 2010
7
8James Jeffrey Gibbs, R.Ph.
910096 Dick Rd
10Harrison, OH 45030-8707
11 Re: Ohio Registered Pharmacist
12 License No. 03-3-27019
13
14Dear Mr. Gibbs:
15
16YOU ARE HEREBY NOTIFIED that, in accordance with the provisions of Chapters 119. and
174729. of the Ohio Revised Code, the Ohio State Board of Pharmacy will determine whether
18or not to take action against your license. Prior to any such action, you are entitled to a
19hearing before the State Board of Pharmacy on the basis of the following allegations:
20
21(1) Records of the State Board of Pharmacy indicate that you were originally licensed
22 in the State of Ohio on November 8, 2005, pursuant to reciprocity, and are
23 currently licensed to practice pharmacy in the State of Ohio.
24
25(2) You did, on or about or prior to May 15, 2009, fail to obtain and/or fail to submit to
26 the Board evidence of approved continuing education, to wit: when audited, it was
27 determined that you were short on board approved Jurisprudence. Such conduct is
28 in violation of Rule 4729-7-02 of the Ohio Administrative Code, and if proven
29 constitutes being guilty of unprofessional conduct and/or willfully violating a rule of
30 the Board within the meaning of Section 4729.16 of the Ohio Revised Code.
31
32For these reasons, the State Board of Pharmacy will determine whether to take action
33pursuant to Section 4729.16 of the Ohio Revised Code.
34
35YOU ARE HEREBY ADVISED that Section 4729.16 of the Ohio Revised Code states in
36pertinent part that:
37
38 (A) The state board of pharmacy, after notice and hearing in accordance
39 with Chapter 119. of the Revised Code, may revoke, suspend, limit, place on
40 probation, or refuse to grant or renew an identification card, or may impose a
41 monetary penalty or forfeiture not to exceed in severity any fine designated under
42 the Revised Code for a similar offense, or in the case of a violation of a section of
43 the Revised Code that does not bear a penalty, a monetary penalty or forfeiture of
44 not more than five hundred dollars, if the board finds a pharmacist or pharmacy
45 intern:
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47 (1) Guilty of a felony or gross immorality;
48 (2) Guilty of dishonesty or unprofessional conduct in the practice of
49 pharmacy;
50
51 (3) Addicted to or abusing liquor or drugs or impaired physically or
52 mentally to such a degree as to render the pharmacist or pharmacy intern
53 unfit to practice pharmacy;
54
55 (4) Has been convicted of a misdemeanor related to, or committed
56 in, the practice of pharmacy;
57
58 (5) Guilty of willfully violating, conspiring to violate, attempting to
59 violate, or aiding and abetting the violation of any of the provisions of this
60 chapter, sections 3715.52 to 3715.72 of the Revised Code, Chapter 2925.
61 or 3719. of the Revised Code, or any rule adopted by the board under
62 those provisions;
63
64 (6) Guilty of permitting anyone other than a pharmacist or pharmacy
65 intern to practice pharmacy;
66
67 (7) Guilty of knowingly lending the pharmacist’s or pharmacy
68 intern’s name to an illegal practitioner of pharmacy or having professional
69 connection with an illegal practitioner of pharmacy;
70
71 (8) Guilty of dividing or agreeing to divide remuneration made in the
72 practice of pharmacy with any other individual, including, but not limited
73 to, any licensed health professional authorized to prescribe drugs or any
74 owner, manager, or employee of a health care facility, residential care
75 facility, or nursing home;
76
77 (9) Has violated the terms of a consult agreement entered into
78 pursuant to section 4729.39 of the Revised Code;
79
80 (10) Has committed fraud, misrepresentation, or deception in
81 applying for or securing a license or identification card issued by the board
82 under this chapter or under Chapter 3715. or 3719. of the Revised Code.
83
84 ...
85 (E) If, pursuant to an adjudication under Chapter 119. of the Revised Code,
86 the board has reasonable cause to believe that a pharmacist or pharmacy intern
87 is physically or mentally impaired, the board may require the pharmacist or
88 pharmacy intern to submit to a physical or mental examination, or both.
89
90YOU ARE FURTHER NOTIFIED, in accordance with the provisions of Chapters 119. and 4729.
91of the Ohio Revised Code, that you are entitled to a hearing before the Ohio State Board of
92Pharmacy, if you request such a hearing within thirty (30) days of the time of the mailing of
93this notice.
94
95IF YOU DESIRE A HEARING, such request shall be mailed to the State Board of Pharmacy, 77
96South High Street, Room 1702, Columbus, Ohio 43215-6126. YOUR REQUEST MUST BE IN
97WRITING, AND MUST BE RECEIVED IN THE OFFICE OF THE OHIO STATE BOARD OF
98PHARMACY ON OR PRIOR TO THE THIRTIETH (30TH) DAY FOLLOWING THE MAILING DATE OF
99THIS NOTICE. You may appear at such hearing in person, by your attorney, or by such
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100 other representative as is permitted to practice before the agency, or you may present
101your position, arguments or contentions in writing; and, at this hearing, you may also
102present evidence and examine any witnesses appearing for and against you.
103
104YOU ARE FURTHER ADVISED that if there is no request for such a hearing received by the
105Board on or prior to the thirtieth (30th) day following the mailing of this notice, the Ohio
106State Board of Pharmacy, upon consideration of the aforementioned allegations against
107you, may take action without such a hearing.
108
109IF YOU DO NOT DESIRE TO HAVE A HEARING ON THIS MATTER AND CHOOSE TO SETTLE
110THE MATTER WITHOUT A HEARING, you may execute the enclosed settlement document
111and return it to the Board, along with the monetary penalty and other requested
112documentation proposed therein, on or prior to the thirtieth (30 th) day following the mailing
113of this notice. If you choose this option, the matter will be concluded pursuant to the terms
114set forth in the settlement document. If you do not choose this option, the settlement offer
115is withdrawn and held for naught, and it will not be held against you if you choose to
116exercise your right to a hearing.
117
118 BY ORDER OF THE STATE BOARD OF
119PHARMACY
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121
122
123
124 William T. Winsley, M.S., R.Ph.
125 Executive Director
126WTW:lp (D-100208-055)
127
128Registered Mail / Return Receipt
129RE 505 496 333 US
130
131c: Tracy M. Greuel, Assistant Attorney General
132
133This public document is provided as a courtesy by:
134
135James Lindon, Pharm.D., Ph.D., J.D., Attorney at Law
136Lindon & Lindon, LLC
137Patents, Trademarks, Copyright, Pharmacy Law
13835104 Saddle Creek
139Cleveland (Avon), Ohio 44011-4907
140Phone: 440-333-0011
141Fax: 419-710-4925
142http://www.lindonlaw.com/
143
144Publication of this document does not necessarily mean that the pharmacist or other
145person mentioned in the document did what he/she is being accused of.
146