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

PROPOSAL TO DENY/NOTICE OF OPPORTUNITY FOR HEARING -THIS IS A RED IN STAMP-

i certify this to ha .opy of the original document on "4h the Ohio Stem Board of Pharn—>9

Advanced Pain Management c/o Jing Xuan Chen, M.D. 598-A Office Parkway Westerville, Ohio 43082

Dear Dr. Chen:

Re: Application for Registration as a Terminal Distributor of Dangerous Drugs with a Pain Management Clinic Classification

January 21, 2015

Steven W. Schi-r , Executive Dir. Date: F 2 / 3-

-MUST HAVE BOARD SEAL TO BE OFFICIA

YOU ARE HEREBY NOTIFIED, in accordance with the provisions of Section 119.07 of the Revised Code, that your application for registration as a Terminal Distributor of Dangerous Drugs with a Pain Management Clinic Classification pursuant to Sections 4729.54 and 4729.552 of the 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 you do not qualify for registration under Sections 4729.55 or 4729.552 of the Revised Code. Specifically, you have not furnished satisfactory proof to the Board that you meet the qualifications enumerated therein and pursuant to rule. The specific evidence in support of this action is as follows:

(1) Records of the Board of Pharmacy indicate that on or about June 17, 2011, you were the Responsible Person for Advanced Pain Management located at 598-A Office Parkway, Westerville, Ohio 43082, and that on June 17, 2011, Advanced Pain Management applied for registration as a Terminal Distributor of Dangerous Drugs with a Pain Management Clinic Classification.

(2) On or around June 17, 2011, Advanced Pain Management/Julie J. Chen (aka Jing Xuan Chen), M.D., did make a false material statement in an application for a license as a terminal distributor of dangerous drugs with pain management classification, to wit: Advanced Pain Management/Julie Chen, M.D., submitted an application to the Ohio State Board of Pharmacy for a license as a terminal distributor of dangerous drugs with pain management classification (TDDD/PMC) and answered "no" to the question: "Has the applicant or owner(s), or any agent or employee of the applicant/owner(s), or any officer of the corporation, ever been the subject of disciplinary action by any state or federal agency?" Contrary to this negative

Advanced Pain Management c/o Julie J. Chen, M.D. Page 2 Notice of Opportunity

answer, records from the State Medical Board of Ohio (SMBO) indicate that on or around March 20, 2007, Jing Xuan Chen, M.D., entered into a Consent Agreement with the SMBO as a result of falsifying a SMBO renewal application. Consent Agreement between Jing Xuan Chen, M.D. and The State Medical Board of Ohio, April 11, 2007. The SMBO reprimanded Dr. Chen, assessed a $5000 fine, required Dr. Chen to complete additional continuing medical education hours and mandated that Dr. Chen provide, for the following five years, a copy of the Consent Agreement to the "proper licensing authority or any state or jurisdiction in which she currently hold professional license." In addition to her failure to disclose prior SMBO discipline, Dr. Chen failed to provide a copy of the SMBO's Consent Agreement with the TDDD/PMC application that was submitted to the Ohio State Board of Pharmacy. Dr. Chen admitted the above-cited failures in an interview with Agents from the Ohio State Board of Pharmacy conducted on July 14, 2014. Such conduct, if proven, constitutes making a false material statement in an application for a license as a terminal distributor with pain management classification within the meaning of Section 4729.57 of the Ohio Revised Code, and failure to satisfy the qualifications of a terminal distributor with pain management classification within the within the meaning of Sections 4729.552 and 4927.57 of the Ohio Revised Code, Such conduct, if proven, constitutes discipline by a professional licensing board and/or not being of good moral character within the meaning of Rule 4729-9-19 of the Ohio Administrative Code.

The following sections of rule and law may apply in whole, or part, to the consideration of your application:

ORC 4729.55; 4729.552; OAC 4729-9-19, 4731-29-01 and/or Emergency Rule 4731-29-01.

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.

Advanced Pain Management c/o Julie J. Chen, M.D. Page 3 Notice of Opportunity

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

Steven W. Schierholt, Esq. Executive Director

SWS/rlc (Case No. 2014-1498)

Registered Mail / Return Receipt RE 663 139 149 US

c: Charissa Payer, Assistant Attorney General