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 A HEARING

March 11, 2010

Henry A. Miller, R.Ph.

864 Rainbolt Ln
Henderson, NV 89052-0445
Re: Application for Registration
by Reciprocity

Dear Mr. Miller:

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 Nevada, and on or about September
22, 2009, you applied for reciprocal registration into the State of Ohio.

(2) After a hearing on June 4, 2008, the Nevada Board of Pharmacy took action against
your license to practice pharmacy in Nevada. The Board suspended your license for a
minimum period of one year, and placed you on probation for a period of five years.
The Order indicates that you had stolen a total of 35,173 dosage units of
hydrocodone products and 2, 240 dosage units of alprazolam 2 mg during the time
preriod from May, 2007 through March 5, 2008. Such Order indicates that you are
not of good moral character and habits and/or have been disciplined by a board of
pharmacy within the meaning of Rule 4729-5-04 of the Ohio Administrative 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;

Henry A. Miller, R.Ph.
Page 2
Notice of Opportunity

(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.

(B) An applicant who has met the requirements of the state with which he/she
holds 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 must
file 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 a
pharmacist 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.

Henry A. Miller, R.Ph.
Page 3
Notice of Opportunity

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;

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

practice of pharmacy with any other individual, including, but not
limited 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 under
this chapter or under Chapter 3715. or 3719. of the Revised Code.
Henry A. Miller, R.Ph.
Page 4
Notice of Opportunity

(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.

(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 review
the 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, 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. 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.
Henry A. Miller, R.Ph.
Page 5
Notice of Opportunity

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

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

Executive Director

DLR:lp (D-100311-106)

Registered Mail/Return Receipt

RE 663 136 916 US

c: Tracy M. Greuel, Assistant Attorney General

This public document is provided as a courtesy by:

James Lindon, Pharm.D., Ph.D., J.D., Attorney at Law

Lindon & Lindon, LLC
Patents, Trademarks, Copyright, Pharmacy Law
35104 Saddle Creek
Cleveland (Avon), Ohio 44011-4907
Phone: 440-333-0011
Fax: 419-710-4925
http://www.lindonlaw.com/

Publication of this document does not necessarily mean that the pharmacist or other person
mentioned in the document did what he/she is being accused of.