Espelage, James LG

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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

NOTICE OF OPPORTUNITY FOR HEARING

March 12, 2010

James P. Espelage, R.Ph.21073 Augusta DriveLawrenceburg, IN 47025-7203

Re: Ohio Registered PharmacistLicense No. 03-1-12330

Dear Mr. Espelage:

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 your license. Prior to any such action, you are entitled to a hearing beforethe State Board of Pharmacy on the basis of the following allegations:

(1) Records of the State Board of Pharmacy indicate that you were originally licensed inthe State of Ohio on August 10, 1977, pursuant to examination, and are currentlylicensed to practice pharmacy in the State of Ohio.

(2) You did, from November 1, 2005, through November 11, 2009, intentionally createand/or knowingly possess false or forged prescriptions, to wit: you documentedunauthorized refills on RX #038771, originally written for 100 HCTZ 25 mg tablets on

May 22, 2000, and continued to refill the prescription without the physician'sauthorization. Such conduct is in violation of Section 2925.23 of the Ohio RevisedCode, and if proven constitutes being guilty of a felony or gross immorality; guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/or guilty of willfully violating provisions of Chapter 2925. of the Ohio Revised Code within themeaning of Section 4729.16 of the Ohio Revised Code.

(3) You did, from November 1, 2005, through November 11, 2009, intentionally createand/or knowingly possess false or forged prescriptions, to wit: you documentedunauthorized refills on RX #039752, originally written for 100 Toprol XL 100 mgtablets on March 20, 2002, and continued to refill the prescription without thephysician's authorization. Such conduct is in violation of Section 2925.23 of the OhioRevised Code, and if proven constitutes being guilty of a felony or gross immorality;guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/orguilty of willfully violating provisions of Chapter 2925. of the Ohio Revised Codewithin the meaning of Section 4729.16 of the Ohio Revised Code.

(4) You did, from November 1, 2005, through November 11, 2009, intentionally createand/or knowingly possess false or forged prescriptions, to wit: you documentedunauthorized refills on RX #40167, originally written for 30 Prinzide 12.5 mg/10 mgtablets on June 24, 2003, and continued to refill the prescription without thephysician's authorization. Such conduct is in violation of Section 2925.23 of the Ohio



James P. Espelage, R.Ph.Notice of Opportunity

Revised Code, and if proven constitutes being guilty of a felony or gross immorality;guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/orguilty of willfully violating provisions of Chapter 2925. of the Ohio Revised Codewithin the meaning of Section 4729.16 of the Ohio Revised Code.

For these reasons, the State Board of Pharmacy will determine whether to take actionpursuant to Section 4729.16 of the Ohio Revised Code.

YOU ARE HEREBY ADVISED that Section 4729.16 of the Ohio Revised Code states in pertinentpart that:

(A) The state board of pharmacy, after notice and hearing in accordance withChapter 119. of the Revised Code, may revoke, suspend, limit, place on probation,or refuse to grant or renew an identification card, or may impose a monetary penaltyor 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 Codethat does not bear a penalty, a monetary penalty or forfeiture of not more than fivehundred 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 ormentally to such a degree as to render the pharmacist or pharmacy internunfit 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 toviolate, or aiding and abetting the violation of any of the provisions of thischapter, sections 3715.52 to 3715.72 of the Revised Code, Chapter 2925. or3719. of the Revised Code, or any rule adopted by the board under thoseprovisions;

(6) Guilty of permitting anyone other than a pharmacist or pharmacyintern to practice pharmacy;

(7) Guilty of knowingly lending the pharmacist’s or pharmacy intern’sname to an illegal practitioner of pharmacy or having professionalconnection with an illegal practitioner of pharmacy;

(8) Guilty of dividing or agreeing to divide remuneration made in thepractice 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, ornursing home;




(9) Has violated the terms of a consult agreement entered intopursuant to section 4729.39 of the Revised Code;

(10) Has committed fraud, misrepresentation, or deception in applyingfor or securing a license or identification card issued by the board under thischapter or under Chapter 3715. or 3719. of the Revised Code.

...(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 isphysically or mentally impaired, the board may require the pharmacist or pharmacyintern 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, 77South High Street, Room 1702, Columbus, Ohio 43215-6126. YOUR REQUEST MUST BE INWRITING, AND MUST BE RECEIVED IN THE OFFICE OF THE OHIO STATE BOARD OF PHARMACYON 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 representativeas is permitted to practice before the agency, or you may present your position, arguments orcontentions in writing; and, at this hearing, you may also present evidence and examine anywitnesses appearing for and against you.

YOU ARE FURTHER ADVISED that if there is no request for such a hearing received by theBoard on or prior to the thirtieth (30th) day following the mailing of this notice, the Ohio StateBoard of Pharmacy, upon consideration of the aforementioned allegations against you, maytake action without such a hearing.

BY ORDER OF THE STATE BOARD OF PHARMACY

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

Executive Director

WTW:vf (D-100312-101)

REGISTERED MAIL / Return ReceiptRE 663 136 995 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 LawLindon & Lindon, LLCPatents, Trademarks, Copyright, Pharmacy Law35104 Saddle CreekCleveland (Avon), Ohio 44011-4907Phone: 440-333-0011Fax: 419-710-4925http://www.lindonlaw.com/

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

http://www.lindonlaw.com/

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Espelage, James LG

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