Martin Ronald R Ph (PD Rec)

7/27/2019 Martin Ronald R Ph (PD Rec)

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

-Equal Opportunity Employer and Service Provider-

TEL: 614/466-4143 E-MAIL: [email protected] FAX: 614/752-4836TTY/TDD: Use the Ohio Relay Service: 1-800/750-0750 URL: http://www.pharmacy.ohio.gov

PROPOSAL TO DENY/NOTICE OF OPPORTUNITY FOR A HEARING

October 15, 2013

Ronald Alan Martin, R.Ph.1103 Grandview Drive

Flatwoods, Kentucky 41139

Re: Application for Registration

by Reciprocity

Dear Mr. Martin:

YOU ARE HEREBY NOTIFIED, in accordance with the provisions of Chapters 119.07 of the Ohio

Revised Code, that your application for registration as a pharmacist by reciprocity pursuant to

Section 4729.09 of the Revised Code has been proposed to be denied, and that you may

request a hearing in this matter. The reason for this proposal is that the Board has evidence

which leads it to believe that you do not qualify under Section 4729.09 of the Ohio Revised

Code.

(1) You are a registered pharmacist in the state of Kentucky, and on or about December 18,

2012 you applied for reciprocal registration into the State of Ohio.

(2) You did, on or about December 18, 2012, knowingly make a false statement with purpose

to secure the issuance of a license or registration, to wit: you indicated on your Application

for Transfer of Pharmacist License to the State of Ohio that your pharmacist license has

never been revoked, suspended, restricted, terminated, or otherwise been subject to

disciplinary action (public or private) by any board of pharmacy or other state authority

when in fact your Kentucky pharmacy license was disciplined on three separate occasions.

In 1999, your license was fined $500 for failure to obtain the required hours of continuing

education. (KY Case No. 99-0123). In 2000, your license was suspended for one (1) year

for possessing legend drugs after directed to return them to the Kentucky Board of


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Ronald Alan Martin, R.Ph.

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Notice of Opportunity

Pharmacy. (KY Case No. 00-0017C) In 2002, you were again fined for practicing with an

expired license. (KY Case No. 02-0095). Such conduct is in violation of Section 2921.13of the Ohio Revised Code, and if proven constitutes making a false material statement in

an application for registration as a pharmacist and not being of good moral character and

habits within the meaning of Rule 4729-5-04 of the Ohio Administrative Code and/or

being guilty of gross immorality and/or guilty of dishonesty or unprofessional conduct in

the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code.

YOU ARE HEREBY ADVISED that Section 4729.09 of the Revised Code states in pertinent part

that:

The state board of pharmacy may register an individual as a pharmacist without

examination and issue him a certificate of such registration and an identification card

if such individual:

(A) Holds a certificate in good standing to practice pharmacy under the laws of

another state, has successfully completed an examination for registration in the

other state, and in the opinion of the board, such examination was at least as

thorough as that required by the board at the time such individual took the

examination;

(B) Is of good moral character and habit;

(C) Has filed with the board of the state with which he holds a certificate of

good standing at least the credentials or the equivalent as were then required by the

Ohio board for registration as a pharmacist.

Rule 4729-5-32 of the Ohio Administrative Code, states:

Pursuant to section 4729.09 of the Revised Code:

(A) Certification that the credentials of an applicant for registration without

examination, filed with the board of the state with which he/she holds a certificate of

good standing, are at least the equivalent of those then required by the Ohio board,

shall be filed on forms provided by the National Association of Boards of Pharmacy

or similar forms recognized and approved by the board of pharmacy.


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(B) An applicant who has met the requirements of the state with which he/sheholds a certificate of good standing pursuant to a Foreign Pharmacy Graduate

Examination Commission (FPGEC) certificate shall be required to establish profi-

ciency in spoken English by providing evidence of the successful completion of the

Test of Spoken English (TSE) or its equivalent.

(C) Candidates who qualify for licensure by reciprocity shall personally appear

before the full board within six months of the date that the application is filed with

the board before receiving their identification card to practice pharmacy in Ohio.

Candidates who do not appear before the board within the six-month period mustfile a new application and fee for licensure by reciprocity.

Rule 4729-5-04 of the Ohio Administrative Code, states:

The board of pharmacy may consider as evidence of a person not meeting the

requirements provided in Division (B) of Section 4729.08, Division (B) of Section

4729.09, and Sections 4729.11 and 4729.12 of the Revised Code, and may deny a

person admission to the licensure examination, or may deny the issuance of a

certificate of registration or an identification card to practice pharmacy as apharmacist or intern in Ohio if such person:

(A) Has been convicted of a felony;

(B) Has been convicted of violating any state or federal pharmacy or drug law;

(C) Is not of good moral character and habits;

(D) Is addicted to or abusing liquor or drugs;

(E) Has been disciplined by the Ohio State Board of Pharmacy pursuant to

Section 4729.16 of the Revised Code; or

(F) Has been disciplined by any board of pharmacy.


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YOU ARE FURTHER ADVISED that Section 4729.16 of the Ohio Revised Code states in pertinent

part that:

(A) The state board of pharmacy, after notice and hearing in accordance with

Chapter 119. of the Ohio Revised Code, may revoke, suspend, limit, place on

probation, or refuse to grant or renew an identification card, or may impose a

monetary penalty or forfeiture not to exceed in severity any fine 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, a monetary penalty or forfeiture of not

more than five hundred dollars, if the board finds a pharmacist or pharmacy intern:

(1) Guilty of a felony or gross immorality;

(2) Guilty of dishonesty or unprofessional conduct in the practice of

pharmacy;

(3) Addicted to or abusing liquor or drugs or impaired physically or

mentally to such a degree as to render the pharmacist or pharmacy

intern unfit to practice pharmacy;

(4) Has been convicted of a misdemeanor related to, or committed in, the

practice of pharmacy;

(5) Guilty of willfully violating, conspiring to violate, attempting to

violate, or aiding and abetting the violation of any of the provisions of

this chapter, sections 3715.52 to 3715.72 of the Revised Code,

Chapter 2925. or 3719. of the Revised Code, or any rule adopted by

the board under those provisions;

(6) Guilty of permitting anyone other than a pharmacist or pharmacy

intern to practice pharmacy;

(7) Guilty of knowingly lending the pharmacist's or pharmacy intern's

name to an illegal practitioner of pharmacy or having professional

connection with an illegal practitioner of pharmacy;


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(8) Guilty of dividing or agreeing to divide remuneration made in the

practice of pharmacy with any other individual, including, but notlimited to, any licensed health professional authorized to prescribe

drugs or any owner, manager, or employee of a health care facility,

residential care facility, or nursing home;

(9) Has violated the terms of a consult agreement entered into pursuant

to section 4729.39 of the Revised Code;

(10) Has committed fraud, misrepresentation, or deception in applying for

or securing a license or identification card issued by the board underthis chapter or under Chapter 3715. or 3719. of the Revised Code.

(B) Any individual whose identification card is revoked, suspended, or refused, shall

return the identification card and license to the offices of the state board of pharmacy

within ten days after receipt of notice of such action.

(C) As used in this section: "Unprofessional conduct in the practice of pharmacy"

includes any of the following:

(1) Advertising or displaying signs that promote dangerous drugs to the public in a

manner that is false or misleading;

(2) Except as provided in section 4729.281 of the Revised Code, the sale of any

drug for which a prescription is required, without having received a prescription for the

drug;

(3) Knowingly dispensing medication pursuant to false or forged prescriptions;

(4) Knowingly failing to maintain complete and accurate records of all dangerous

drugs received or dispensed in compliance with federal laws and regulations and state

laws and rules;

(5) Obtaining any remuneration by fraud, misrepresentation, or deception.


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(D) The board may suspend a license or identification card under division (B) of

section 3719.121 of the Revised Code by utilizing a telephone conference call to reviewthe allegations and take a vote.

(E) If, pursuant to an adjudication under Chapter 119. of the Revised Code, the

board has reasonable cause to believe that a pharmacist or pharmacy intern is physically

or mentally impaired, the board may require the pharmacist or pharmacy intern to submit

to a physical or mental examination, or both.

YOU ARE FURTHER NOTIFIED that Revoke, as used in Chapters 3719. and 4729. of the Revised

Code, means to take action against a license rendering such license void and such license maynot be reissued. Revoke is an action that is permanent against the license and licensee. Ohio

Administrative Code, 4729-9-01(E)

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, 77South High Street, Room 1702, Columbus, Ohio 43215-6126. 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.

IF YOU DO NOT REQUEST SUCH A HEARING within thirty (30) days of the mailing of this notice,

the State Board of Pharmacy, upon consideration of the aforementioned evidence, may take

action without such a hearing.

BY ORDER OF THE STATE BOARD OF PHARMACY


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Kyle W. Parker, M.B.A., R.Ph.Executive Director

KWP/ljp (Case No. 2012-1027)

Registered Mail/Return Receipt

RE 946 606 683 US

c: Charissa D. Payer, Assistant Attorney General

Martin Ronald R Ph (PD Rec)

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