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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

NOTICE OF OPPORTUNITY FOR HEARING December 19, 2011 Wesley Pharmacal Co. c/o Clifford Crawford, Jr., VP 114 Railroad Drive Ivyland, PA 18974 Re: Ohio Wholesale Distributor of Dangerous Drugs License No. WMAN. 010020200 Wholesaler of Controlled Substance License No. WCSW. 0837 Dear Mr. Crawford: 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 to take action against Wesley Pharmacal Co. license. Prior to any such action, Wesley Pharmacal Co. is entitled to a hearing before the State Board of Pharmacy on the basis of the following allegations: (1) Records of the Board of Pharmacy indicate that you are the vice-president and responsible person at Wesley Pharmacal Co., 114 Railroad Drive, Ivyland, PA 18974; Ohio Wholesale Distributor of Dangerous Drugs License No. WMAN 010020200 and Ohio Wholesaler of Controlled Substances License No. WCSW. 0837, pursuant to Sections 4729. of the Ohio Revised Code within the meaning of Section 4729.56 of the Ohio Revised Code. Wesley Pharmacal did, from May 18, 2005, through the date of the issuance of this Notice, fail to submit required information to the Board's drug database established pursuant to Section 4729.75 of the Ohio Revised Code, to wit: after several verbal instructions and admonitions, the company continues to fail to submit purchaser identification, drug information, and sales information in the format specified by the Board. The information the company submits, even when submitted, arrives in a hard-copy fax form rather than the electronic format specified. Wesley Pharmacal has not been granted a waiver as permitted by Ohio Administrative Code 4729-3706(B) by the Board to report in a format different from the electronic format established by Ohio Administrative Code 4727-37-06(A). Moreover, Wesley Pharmacal has been offered, but refuses to utilize, a manual data entry option via the Boards drug database web site. Such conduct is in violation of Section 4729.78 of the Ohio Revised Code, and if proven constitutes being guilty of violating a

(2)

provision of Chapter 4729. of the Ohio Revised Code within the meaning of Section 4729.56 of the Ohio Revised Code. For these reasons, the State Board of Pharmacy will determine whether to take action pursuant to Section 4729.56 of the Ohio Revised Code. YOU ARE HEREBY ADVISED that Section 4729.56 of the Ohio Revised Code provides in pertinent part: (A) In accordance with Chapter 119. of the Ohio Revised Code, the board of pharmacy may suspend, revoke, or refuse to renew any registration certificate issued to a wholesale distributor of dangerous drugs pursuant to section 4729.52 of the Revised Code or may impose a monetary penalty of forfeiture not to exceed in severity any fine designated under the Revised Code for a similar offense or one thousand dollars if the acts committed are not classified as an offense by the Revised Code for any of the following causes: (1) Making any false material statements in an application for registration as a wholesale distributor of dangerous drugs; (2) Violating any federal, state, or local drug law; any provision of this chapter or Chapter 2925., 3715., or 3719., of the Revised Code; or any rule of the board; (3) A conviction of a felony;

(4) Ceasing to satisfy the qualifications for registration under section 4729.53 of the Revised Code or the rules of the board. 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 Ohio State Board of Pharmacy, if you request such a hearing within thirty (30) days of the time of the mailing of this notice. IF YOU DESIRE A HEARING, such request shall be mailed to the State Board of Pharmacy, 77 South High Street, Room 1702, Columbus, Ohio 43215-6126. YOUR REQUEST MUST BE IN WRITING, AND MUST BE RECEIVED IN THE OFFICE OF THE OHIO STATE BOARD OF PHARMACY ON OR PRIOR TO THE THIRTIETH (30TH) DAY FOLLOWING THE MAILING DATE OF THIS NOTICE. 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 thirtieth (30th) day following the mailing of this notice, the Ohio 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

William T. Winsley, M.S., R.Ph. Executive Director

WTW:vf (D-111219-234) REGISTERED MAIL / Return Receipt RE 663 138 069 US c: Tracy M. Nave, Assistant Attorney General