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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: exec@bop.state.oh.us 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

February 5, 2010

Houda M. Hazimah, R.Ph.

5243 Eagle Ridge LaneSylvania, Ohio 43560

Re: Ohio Registered PharmacistLicense No. 03-3-17010

Dear Ms. Hazimah:

YOU ARE HEREBY NOTIFIED that, in accordance with the provisions of Chapters 119. and4729. of the Ohio Revised Code, the Ohio State Board of Pharmacy will determine whetheror not to take action against your license. Prior to any such action, you are entitled to ahearing before the State Board of Pharmacy on the basis of the following allegations:

(1) Records of the State Board of Pharmacy indicate that you were originally licensedin the State of Ohio on October 2, 1987, pursuant to examination, and are currentlylicensed to practice pharmacy in the State of Ohio.

(2) You did, on or about or prior to May 15, 2009, fail to obtain and/or fail to submit tothe Board evidence of approved continuing education, to wit: when audited, it wasdetermined that you were short 0.1 Continuing Education Unit (C.E.U.) on boardapproved Jurisprudence. Such conduct is in violation of Rule 4729-7-02 of the OhioAdministrative Code, and if proven constitutes being guilty of unprofessionalconduct and/or willfully violating a rule of the Board within the meaning of Section4729.16 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

pertinent part that:(A) The state board of pharmacy, after notice and hearing in accordance

with Chapter 119. of the Revised Code, may revoke, suspend, limit, place onprobation, or refuse to grant or renew an identification card, or may impose amonetary penalty or forfeiture not to exceed in severity any fine designated underthe Revised Code for a similar offense, or in the case of a violation of a section ofthe Revised Code that does not bear a penalty, a monetary penalty or forfeiture ofnot more than five hundred dollars, if the board finds a pharmacist or pharmacyintern:

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(1) Guilty of a felony or gross immorality;

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

(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 committedin, 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.or 3719. of the Revised Code, or any rule adopted by the board underthose provisions;

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

(7) Guilty of knowingly lending the pharmacists or pharmacyinterns name 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 limitedto, any licensed health professional authorized to prescribe drugs or anyowner, manager, or employee of a health care facility, residential carefacility, or nursing 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 inapplying for or securing a license or identification card issued by the boardunder this chapter 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 internis 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 ofPharmacy, if you request such a hearing within thirty (30) days of the time of the mailing ofthis 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

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PHARMACY ON OR PRIOR TO THE THIRTIETH (30TH) DAY FOLLOWING THE MAILING DATEOF THIS NOTICE. You may appear at such hearing in person, by your attorney, or by suchother representative as is permitted to practice before the agency, or you may present yourposition, arguments or contentions in writing; and, at this hearing, you may also presentevidence 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 theBoard on or prior to the thirtieth (30th) day following the mailing of this notice, the OhioState Board of Pharmacy, upon consideration of the aforementioned allegations againstyou, may take action without such a hearing.

IF YOU DO NOT DESIRE TO HAVE A HEARING ON THIS MATTER AND CHOOSE TO SETTLETHE MATTER WITHOUT A HEARING, you may execute the enclosed settlement documentand return it to the Board, along with the monetary penalty and other requesteddocumentation proposed therein, on or prior to the thirtieth (30 th) day following the mailingof this notice. If you choose this option, the matter will be concluded pursuant to the termsset forth in the settlement document. If you do not choose this option, the settlement offeris withdrawn and held for naught, and it will not be held against you if you choose toexercise your right to a hearing.

BY ORDER OF THE STATE BOARD OFPHARMACY

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

WTW:lp (D-100205-042)

Registered Mail / Return ReceiptRE 359 825 261 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 otherperson mentioned in the document did what he/she is being accused of.

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