arnold, michael h., r.ph. (ss)

7/30/2019 Arnold, Michael H., R.ph. (SS)

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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: 614/752-4836TTYITDD: Use the Ohio Relay Service: 1-8001750-0750 URL: http://www.pharmacy.ohio.gov

SUMMARY SUSPENSION ORDER/NOTICEOF OPPORTUNITY FOR H E ~ R I N G

April 29, 2012

Michael H. Arnold, R.Ph.1268 Littles Rd.Arcanum, OH 45304 Re: Ohio Registered PharmacistLicense No. 03-2-09233Dear Mr. Arnold:Records of the Board indicate that you are a pharmacist registered by this Board to practicepharmacy in the State of Ohio. Your license to practice as a pharmacist in the state of Ohiohas lapsed.In accordance with Sections 2929.42 and 3719.121 of the Ohio Revised Code, this Board hasreceived information which indicates that on or around April 2, 2013, you plead guilty andwere found guilty of Theft, a Class D Felony, Indiana Code 35-43-4-2-(a), as charged, by theWayne 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 fromthe pharmacy in which you worked. Such a plea and judgment constitutes a plea and/orjudgment 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, inpertinent part:

(C) On receiving notification pursuant to Section 2929.24 or 3719.12 ofthe Revised Code, the Board under which a person has been issued alicense, ... immediately shall suspend the license, . . . of that person ona plea of guilty to, a finding by a j ury or court of the person's guilt of, orconviction of a felony drug abuse offense . . .

WHEREFORE, PURSUANT TO SECTION 3719.12l(C) OF THE OHIO REVISED CODE, YOU AREHEREBY NOTIFIED THAT YOUR REGISTRATION AND LICENSE TO PRACTICE PHARMACY IN THESTATE OF OHIO ARE HEREBY SUSPENDED. FURTHER, PURSUANT TO RULE 4729-9-01 (F) OF THEOHIO ADMINISTRATIVE CODE, DURING THIS TERM OF SUSPENSION YOU MAY NOT BEEMPLOYED BYORWORK IN ANY FACILITY LICENSED BYTHE BOARDOF PHARMACY TO POSSESSOR DISTRIBUTE DANGEROUS DRUGS. This suspension shall remain in effect until anadjudicatory hearing is held by the Board under Chapter 119. of the Revised Code, duringwhich time you may no t engage in the practice of pharmacy.


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

YOU ARE FURTHER NOTIFIED that Section 4729.16 of the Ohio Revised Code states inpertinent part:(A) The State Board of Pharmacy, after not ice and hearing in accordance withChapter 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, ormay impose a monetary penalty or forfeiture not to exceed in severity any finedesignated under the Ohio Revised Code fo r a similar offense, or in the case of aviolation of a section of the Ohio Revised Code that does not bear a penalty, amonetary penalty or forfeiture of no more than five hundred dollars, i f the Boardf inds a pharmacist or pharmacy intern:(l) 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 him unf it 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, sect ions 3715.52 to 3715.72 or Chapter 2925. or 3719. of theRevised Code;(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 professional connection

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 l imited 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;(l O) Has committed fraud, misrepresentation, or deception in applying fo r

or securing a license or identification card issued by the board under thischapter or under Chapter 371 5. or 3719. of the Revised Code.


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Michael H. Arnold, R.Ph.Page 3Summary 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 render ing such license void and suchlicense 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, 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 fo r and against you.YOU ARE FURTHER ADVISED that if there is no request fo r such a hearing received by theBoard on or prior to the thirtieth (30 th) day fol lowing the mailing of this notice, the Ohio StateBoard of Pharmacy, upon consideration of the aforementioned allegat ions against you, maytake action without such a hearing.Division (B) of Section 4729.16 of the Revised Code provides in pertinent part that: "Anyindividual whose identification card is revoked, suspended, or refused, shall return hisidentification card and certificate of registration to the offices of the state board of pharmacywithin ten days after receipt of notice of such action." The certificate and identification cardshould be forwarded by certified mail, return receipt requested.

BY ORDER OFTHE STATE BOARD OF PHARMACY

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

arnold, michael h., r.ph. (ss)

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