Steven W. Schierholt, Esq. John R.

Kasich
Executive Director Governor

SalltIC6
BOARD OF PHARMACY

NOTICE OF OPPORTUNITY FOR HEARING

PROPOSAL TO DENY APPLICATION FOR TECHNICIAN REGISTRATION

IN THE MATTER OF: Case No. 2018-1473

Cynthia Warmoth PENDING Registrati10%5N81564..

INR TAA4P-
9221 Towering Pines Dr., Apt. B
Miamisburg, OH 45342

September 06, 2018

Dear Ms. Cynthia Warmoth:

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 [deny your application for your technician registration
due to violations of Chapter 4729. of the Revised Code and Section 4729:3 of the Administrative Code under
authority of Section 4729.96 of the Revised Code.

Due to a prior criminal conviction, your employer must have a waiver from the Drug Enforcement Agency
(DEA) for you to be employed in a pharmacy. This notice does not prevent you from engaging in activities of a
registered pharmacy technician during the pendency of this case so long as your employer is actively seeking a
waiver from the Drug Enforcement Agency.

JURISDICTION

1. Pursuant to division (A)(1) of Section 4729.96 (effective April 6, 2017) of the Ohio Revised Code (ORC),
and Rule 4729:3-4-01 of the Ohio Administrative Code (OAC), the Board may impose any one or more of
the following sanctions on an applicant for a registered pharmacy technician 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 4729.96(A)(1)(a) OAC
4729:3-4-01(A)(1); and/or

b. Reprimand or place the license holder on probation, ORC 4729.96(A)(1)(b), OAC 4729:3-4-
01(A)(2); 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 4729.96(A)(1)(c), OAC 4729:3-4-01(A)(3).

T: (614) 466.4143 I F: (614) 752.4836 I contact@pharmacy.ohio.gov www.pharmacy.ohio.gov

2. On or about January 2, 2018, Cynthia Warmoth submitted an application for registration as a registered
pharmacy technician in the state of Ohio under license number 09-301564.

ALLEGATIONS

1. On your application submitted on or about January 2, 2018, you answered "Yes" to the question inquiring
whether you have ever been arrested for, or convicted of, a felony or misdemeanor drug offense under
state or federal law.

a. On or about July 24, 2003, you were indicted in the Butler County Court of Common Pleas on one
count of Complicity to Trafficking in Cocaine, a felony offense. On or about February 26, 20004,
you were convicted of Complicity to Trafficking in Cocaine, a felony offense. You were sentenced
to (3) years of community control and attend and complete a Drug Court program. State of Ohio
vs. Cynthia Warmouth, Butler County Common Pleas Court, Case No. CR03-686.

2. On your application submitted on or about January 2, 2018, you answered "Yes" to the question inquiring
whether you have any other record of arrest (not related to drug charges), charges, or have a conviction
of a felony, misdemeanor or traffic violation (even if dismissed or sealed or the equivalent thereof in
another jurisdiction).

a. On or about April 10, 2003, you were charged with Receiving Stolen Property, Driving Under
Suspension, Falsification, Illegal Plates and Driving in Marked Lanes. On April 21, 2003, you were
convicted of Receiving Stolen Property, as a misdemeanor of the first degree, and of Driving Under
Suspension.

b. On or about December 22, 2003, you were arrested and charged with Driving Under the Influence.
On January 29, 2004, you plead guilty to a Bill of Information that charged Driving Under the
Influence, as a fourth violation in six years, a felony of the fourth degree. On or March 3, 2004,
you were sentenced on this matter and convicted. State of Ohio vs. Cynthia M. Warmoth, Butler
County Common Pleas Court, Case No. CRO3-1951.

POTENTIAL VIOLATIONS OF LAW

1. Such conduct as set forth in the Allegations Section, if proven, constitutes a violation of Section
4729.90(B)(1)(c) of the ORC and Rule 4729:3-1-01(G) of the OAC, not of good moral character and habits,
punishable by a maximum penalty of $500.

2. Such conduct as set forth in paragraph (1) of the Allegations Section, if proven, constitutes a violation of
the following divisions of (A) of section 4729.96 of the ORC, as effective April 6, 2017, each violation
constituting a minor misdemeanor, each punishable by a maximum penalty of $150:

a. Has been convicted of a felony, or a crime of moral turpitude, as defined in section 4776.10 of
the Revised Code, ORC Section 4729.96 (A)(2)(a); and/or

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

Cynthia Warmoth Case No.2018-1473 Page 2 of 4

 the Revised Code, or any rule adopted by the board under those provisions, ORC
4729.16(A)(2)(d).

c. Engaged in any conduct for which the board may impose discipline as set forth in rules adopted
under section 4729.94 of the Revised Code, ORC Section 4729.96(A)(2)(g).

3. Such conduct as set forth in the Allegations section, if proven, constitutes a violation of each of the
following divisions of Rule 4729:3-4-01 of the OAC as effective November 20, 2017, each violation
punishable by a maximum penalty of $500:

a. Has engaged in any of the conduct specified in division (A)(2) of section 4729.96 of the Revised
Code, OAC Rule 4729:3-4-01(B)(1); and/or

b. Violated any state or federal law or rule regardless of the jurisdiction in which the acts were
committed, except for minor traffic violations such as parking violations, speeding tickets and
violations such as failure to obey a red light, failure to use a turn signal or expired registration,
OAC Rule 4729:3-4-01(B)(2); and/or

c. Committed acts that constitute moral turpitude as defined in section 4776.10 of the Revised Code
or gross immorality, OAC Rule 4729:3-4-01(6)(5); and/or

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
(please note faxes will not be accepted). YOUR REQUEST MUST BE MUST BE
RECEIVED ON OR PRIOR TO THE 30T " 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.

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.

Cynthia Warmoth Case No.2018-1473 Page 3 of 4

 BY ORDER OF THE STATE BOARD OF PHARMACY

Steven W. Schierholt, Esq., Executive Director

SWS/jak/KLL

CMRRR: 9414 7118 9956 0178 7247 93

CC: Humana Specialty Pharmacy, 111 Merchant Street, Springdale, OH 45246

Cynthia Warmoth Case No.2018-1473 Page 4 of 4

 Restricted Delivery? Service Type

(Extra Fee) ElYes CERTIFIED

Article Number

9414 7118 9956 0178 7247 93

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P L L TE THIS SECTION ON DEUVERY
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Article Addressed To:

D. Addressee's Address (N Mimi From Maas* Und bY Ukbkv)

SOCOndary Address / Suns / Apt. I Floor (Reese Print Clearly)

Cynthia Warmoth
9221 Towering Pine Dr., Apt. B
J Miamisburg OH 45342-5828
Dslvery Address
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City Stale ZIP + 4 Code

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RETURN Tr
PS FORM 3811, 2104

STATE OF OHIO BOARD OF PHARMACY

77 S HIGH ST RM 1702
COLUMBUS, OH 43215
James Lindon Attorney, Ph.D.
35104 Saddle Creek
Avon, Ohio 44011-4907

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