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

-Equal Opportuuity Employer aud Service Provider-TEL: 614/466-4143 E-MAIL: exec@bop.state.oh.us FAX: 614/752-4836TTYITDD: Use the Ohio Relay Service: 1-800/750-0750 URL: http://www.pharmacy.ohio.gov

NOTICE OF OPPORTUNITY FOR HEARING

July 10, 2013

CVS Pharmacy #6946C/O Amin Sheriff Mansaray, R.Ph.13393 Erstcroft Ct., N.W.Pickerington, Ohio 43147

Re: Ohio Terminal DistributorLicense No. 02-2010600Dear Mr. Mansaray: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 the license of CVS Pharmacy #6946. Prior to any such action, CVSPharmacy #6946 is entitled to a hearing before the State Board of Pharmacy on the basis ofthe following allegations:(1) Records of the Board of Pharmacy indicate that CVS Pharmacy #6946 is licensed with theState Board of Pharmacy as a Terminal Distributor of Dangerous Drugs. Records furtherreflect during the relevant time periods stated herein, Michael Worth Stewart, R.Ph. was

the Responsible Pharmacist pursuant to Rule 4729-5-11 of the Ohio Administrative Codeand Sections 4729.27 and 4729.55 of the Ohio Revised Code.(2) CVS Pharmacy #6946 did, on or about November 13, 2012, cease to satisfy the

qualifications of a terminal distributor, to wit: adequate safeguards were no t in place toassure that CVS Pharmacy #6946 would carry on the business of a terminal distributor ofdangerous drugs in a manner that allowed pharmacists and pharmacy interns to practicepharmacy in a safe and effective manner. Specifically, after prescript ion number 602702was prepared fo r a patient, it was dispensed to the incorrect patient. Pharmacyprocedures allowed this situation to occur; such situations being hazardous to patients'health. If proven, such indicates that CVS Pharmacy #6946 ceases to satisfy thequalifications of a terminal distributor within the meaning of Section 4729.57 of theOhio 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.

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CVS Pharmacy #6946C/O Amin Sheriff Mansaray, R.Ph.Page 2Notice of Opportunity

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 of

the Revised Code, or may impose a monetary penalty or forfeiture no t to exceed inseverity any fine designated under the Ohio Revised Code fo r a similar offense or onethousand dollars if the acts committed have no t been classified as an of fense by theRevised Code, for any of the following 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.c.A. 301, or Chapter 3715. of theRevised Code;(5) Violating any provision of the federal drug abuse control laws orChapter 2925. or 3719. of the Revised Code;(6) Falsely or fraudulently promoting to the publ ic a dangerous drug,except that nothing in this division prohibits a terminal distributor of

dangerous drugs from furnishing information concerning adangerous drug to a health care provider or another licensedterminal distributor;

(7) Ceasing to satisfy the qualifications of a terminal distributor ofdangerous drugs set forth in Section 4729.55 of the Revised Code.(8) Except as provided in division (B) of this section:

(a) Waiving the payment of all or any part of a deductible orcopayment that an individual, pursuant to a health insuranceor 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 ifthe 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 care

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CVS Pharmacy #6946C/O Amin Sheriff Mansaray, R.Ph.Page 3Notice of Opportunity

policy, contract, or plan that covers the pharmaceuticalservices would otherwise be required to pay for the services.YOU ARE FURTHER NOTIFIED that "Revoke", as used in Chapters 3719. and 4729. of theRevised Code, means to take action against a license rendering such license void and suchlicense may no t be reissued. "Revoke" is an act ion that is permanent against the license andlicensee. Ohio Administrative Code, 4729-9-01 (E)YOU ARE FURTHER NOTIFIED, in accordance with 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 th e 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 hear ing in person, by or with your at torney, 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 facility.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 t h) day fol lowing the mailing of this notice, the Ohio StateBoard of Pharmacy, upon consideration of the aforement ioned allegations against yourfacil ity, may take action without such a hearing.

BY ORDER OFTHE STATE BOARD OF PHARMACY' / )/ j~ ~ - - 1'i iii ~ / ' - " ~Kyle W.JikeJfM.B.A., R.Ph.Executive Director

KWP/bte (Case No. 2012-1860)Registered Mail/Return ReceiptRE 946 606 618 USc: Charissa D. Payer, Assistant Attorney General