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    Arnold, Michael H., R.ph. (SS)

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    James Lindon
    This public document is provided as a courtesy by: James Lindon, Pharm.D., Ph.D. Pharmacy Law Attorney Lindon & Lindon, LLC 35104 Saddle Creek Cleveland (Avon), Ohio 44011-4907, Phone: 440-333-0011, Fax: 419-710-4925, http://www.lindonlaw.com/

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    Arnold, Michael H., R.ph. (SS)

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    James Lindon
    131 views3 pages
    This public document is provided as a courtesy by: James Lindon, Pharm.D., Ph.D. Pharmacy Law Attorney Lindon & Lindon, LLC 35104 Saddle Creek Cleveland (Avon), Ohio 44011-4907, Phone: 440-333-0011, Fax: 419-710-4925, http://www.lindonlaw.com/

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    This public document is provided as a courtesy by: James Lindon, Pharm.D., Ph.D. Pharmacy Law Attorney Lindon & Lindon, LLC 35104 Saddle Creek Cleveland (Avon), Ohio 44011-4907, Phone: 440-333-0011, Fax: 419-710-4925, http://www.lindonlaw.com/

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    131 views3 pages

    Arnold, Michael H., R.ph. (SS)

    Uploaded by

    James Lindon
    This public document is provided as a courtesy by: James Lindon, Pharm.D., Ph.D. Pharmacy Law Attorney Lindon & Lindon, LLC 35104 Saddle Creek Cleveland (Avon), Ohio 44011-4907, Phone: 440-333-0011, Fax: 419-710-4925, http://www.lindonlaw.com/

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    of 3

    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: [email protected]

    FAX: 614/752-4836

    TTYITDD: Use the Ohio Relay Service: 1-8001750-0750

    URL: http://www.pharmacy.ohio.gov

    SUMMARY SUSPENSION ORDER/NOTICE OF OPPORTUNITY FOR

    HE~RING

    April 29, 2012

    Michael H. Arnold, R.Ph. 1268 Littles Rd. Arcanum, OH 45304


    Re: Ohio Registered Pharmacist License No. 03-2-09233 Dear Mr. Arnold: Records of the Board indicate that you are a pharmacist registered by this Board to practice pharmacy in the State of Ohio. Your license to practice as a pharmacist in the state of Ohio has lapsed. In accordance with Sections 2929.42 and 3719.121 of the Ohio Revised Code, this Board has received information which indicates that on or around April 2, 2013, you plead guilty and were found guilty of Theft, a Class D Felony, Indiana Code 35-43-4-2-(a), as charged, by the Wayne Superior Court No.1. State of Indiana v. Michael H. Arnold, Wayne Superior Court No. 1, Cause No. 89DOl-1208-FD-000325. This theft charged concerned the theft of drugs from the pharmacy in which you worked. Such a plea and judgment constitutes a plea and/or judgment of qulltv to a felony drug abuse offense under Revised Code Section 3719.121 (C). YOU ARE HEREBY NOTIFIED that Section 3719.121 of the Ohio Revised Code states, in pertinent part: (C) On receiving notification pursuant to Section 2929.24 or 3719.12 of the Revised Code, the Board under which a person has been issued a license, ... immediately shall suspend the license, ... of that person on a plea of guilty to, a finding by a jury or court of the person's guilt of, or conviction of a felony drug abuse offense ... WHEREFORE, PURSUANT TO SECTION 3719.12l(C) OF THE OHIO REVISED CODE, YOU ARE HEREBY NOTIFIED THAT YOUR REGISTRATION AND LICENSE TO PRACTICE PHARMACY IN THE STATE OF OHIO ARE HEREBY SUSPENDED. FURTHER, PURSUANT TO RULE 4729-9-01 (F) OF THE OHIO ADMINISTRATIVE CODE, DURING THIS TERM OF SUSPENSION YOU MAY NOT BE EMPLOYED BY OR WORK IN ANY FACILITY LICENSED BY THE BOARD OF PHARMACY TO POSSESS OR DISTRIBUTE DANGEROUS DRUGS. This suspension shall remain in effect until an adjudicatory hearing is held by the Board under Chapter 119. of the Revised Code, during which time you may not engage in the practice of pharmacy.

    Michael H. Arnold, R.Ph. Page 2 Summary Suspension

    YOU ARE FURTHER NOTIFIED that Section 4729.16 of the Ohio Revised Code states in pertinent part: (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 under this chapter, or may impose a monetary penalty or forfeiture not to exceed in severity any fine designated under the Ohio Revised Code for a similar offense, or in the case of a violation of a section of the Ohio Revised Code that does not bear a penalty, a monetary penalty or forfeiture of no more than five hundred dollars, if the Board finds a pharmacist or pharmacy intern:
    (l)

    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 him 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 or Chapter 2925. or 3719. of the Revised Code; (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;
    (l O) 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 371 5. or 3719. of the Revised Code.

    Michael H. Arnold, R.Ph. Page 3 Summary Suspension

    Section 4729-9-01 of the Ohio Administrative Code states in pertinent part: (E) "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 may not be reissued. "Revoke" is an action that is permanent against the license and licensee. 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 (30 TH) 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 (30 th) 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. Division (B) of Section 4729.16 of the Revised Code provides in pertinent part that: "Any individual whose identification card is revoked, suspended, or refused, shall return his identification card and certificate of registration to the offices of the state board of pharmacy within ten days after receipt of notice of such action." The certificate and identification card should be forwarded by certified mail, return receipt requested.

    BY ORDER OF THE STATE BOARD OF PHARMACY

    KWP/bte (Case No. 2012-1354) REGISTERED MAIL/Return Receipt: RE 946 606 462 US C: Alan P. Schwepe, Assistant Attorney General

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