zipp, paul h., r.ph. noh

7/28/2019 Zipp, Paul h., r.ph. Noh

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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: 1-800/750-0750 URL: http://www.pharmacy.ohio.gov

NOTICE OF OPPORTUNITY FOR HEARINGJuly 10, 2013

Paul H. Zipp, R.Ph.612 Sartell Dr.Fairborn, OH 45324

Re: Ohio Registered PharmacistLicense No. 03-3-11647

Dear Mr. Zipp: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 l icense. Prior to any such act ion, you are entitled to a hearing beforethe State Board of Pharmacy on the basis of the following allegations:(l) Records of the State Board of Pharmacy indicate that you were originally l icensed in

the State of Ohio on August 4, 1976, pursuant to examination, and are currentlylicensed to practice pharmacy in the State of Ohio.

(2) You did, on or around May 11, 2011, intentionally create and/or knowingly possess afalse or forged prescript ion, to wit: you created a forged prescription fo r RX#6095636 fo r 90 butalbital/APAP/caffeine 50/325/40mg tablets, a dangerous drug,at Kroger Pharmacy #14830. Such conduct is in violation of Section 2925.23(B)(1) ofthe Ohio Revised Code, and i f proven constitutes being guilty of a felony or grossimmorality; guilty of dishonesty or unprofessional conduct in the practice ofpharmacy; and/or guilty of willfully violating a provision of Chapter 2925. of the OhioRevised Code within the meaning of Section 4729.16 of the Ohio Revised Code.

(3) You did, on or around May 29, 2011, intentionally create and/or knowingly possess afalse or forged prescription, to wit: you created a forged prescript ion fo r RX#6612599 fo r 90 butalbital/APAP/caffeine 50/325/40mg tablets w ith 1 refill, adangerous drug, at Kroger Pharmacy #14830. Such conduct is in violation of Section2925.23(B)(1) of the Ohio Revised Code, and if proven constitutes being guilty of afelony or gross immorality; guilty of dishonesty or unprofessional conduct in thepractice of pharmacy; and/or guilty of willfully violating a provision of Chapter 2925.of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio RevisedCode.


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Paul H. Zipp, R.Ph.Page 2Notice of Opportunity

(4) You did, on or around July 21,2011, intentionally create and/or knowingly possess afalse or forged prescription, to wit: you created a forged prescription fo r RX#6618221 fo r 90 butalbital/APAP/caffeine 50/325/40mg tablets with 1 refill, adangerous drug, at Kroger Pharmacy #14830. Such conduct is in violation of Section2925.23(B)(1) of the Ohio Revised Code, and if proven constitutes being guilty of afelony or gross immorality; guilty of dishonesty or unprofessional conduct in thepractice of pharmacy; and/or guilty of willfully violating a provision of Chapter 2925.of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio RevisedCode.

(5) You did, on or around August 23, 2011, intentionally create and/or knowinglypossess a false or forged prescription, to wit: you created a forged prescription fo rRX #6612598 for 90 butalbital/APAP/caffeine 50/325/40mg tablets with 1 refill, adangerous drug, at Kroger Pharmacy #14830. Such conduct is in violation of Section2925.23(B)(1) of the Ohio Revised Code, and i f proven constitutes being guilty of afelony or gross immorality; guilty of dishonesty or unprofessional conduct in thepractice of pharmacy; and/or guilty of Willfully violating a provision of Chapter 2925.of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio RevisedCode.

(6) You did, on or around December 3, 2011, intentionally create and/or knowinglypossess a false or forged prescription, to wit: you created a forged prescript ion fo rRX #6132507 fo r 90 butalbital/APAP/caffeine 50/325/40mg tablets, a dangerousdrug, at Kroger Pharmacy #14830. Such conduct is in violation of Section2925.23(B)(1) of the Ohio Revised Code, and if proven constitutes being guilty of afelony or gross immorality; guilty of dishonesty or unprofessional conduct in thepractice of pharmacy; and/or guil ty of Willfully violating a provision of Chapter 2925.of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio RevisedCode.

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 not ice 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 Codefo r 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, i f the board f inds a pharmacist or pharmacy intern:

(1) Guilty of a felony or gross immorality;(2) Guilty of dishonesty or unprofessional conduct in the practice ofpharmacy;


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(3) Addicted to or abusing liquor or drugs or impaired physically ormentally to such a degree as to render the pharmacist or pharmacy internunf 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 abett ing 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 pharmacy

intern to practice pharmacy;(7) Guilty of knowinqlv 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 l imited to,any licensed health professional authorized to prescribe drugs or any owner,manager, or employee of a health care facil ity, residential care facility, ornursing 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

fo r 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 that "Revoke", as used in Chapters 3719. and 4729. of theRevised Code, means to take action against a license rendering such license void and suchlicense may not be reissued. "Revoke" is an action that is permanent against the license andlicensee. Ohio Administrative Code, 4729-9-01 (E)YOU ARE FURTHER NOTIFIED, in accordance with the provisions of Chapters 119. and 4729. ofthe Ohio Revised Code, that you are entitled to a hearing before the Ohio State Board ofPharmacy, i f you request such a hearing within thirty (30) days of the time of the mailing ofthis notice.


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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 posit ion, 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 i f there is no request fo r such a hearing received by theBoard on or prior to the thirtieth (30 t h) 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.

BY ORDER OFTHE STATE BOARD OF PHARMACY/ ."/ \)(11// /1i./ I

l i f ! _ ..- - / ' "'1/ l J / 0 . - / VV')

KWP/bte (Case No. 2012-1002)Registered Mail/Return ReceiptRE 946606 595 USc: Charissa D. Payer, Assistant Attorney General

zipp, paul h., r.ph. noh

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