December 5'", 2012 2 December 5th, 201

R.Ph. 2140 Fulton Drive 2140 Fulton Drive Coshocton, OH, 4381 Coshocton, OH, 43812 2

OHIO STATE BOARD OF PHARMACY

77 South High Street, Room 1702; Columbus, OH 43215-6126
-Equal Opportunity Employer and Service Provider-

E-MAIL: exec@bop.state.oh.us TEL: 614/466-4143 FAX: 614/752-4836 hop://www.pharmacy.ohio.gov TTYITDD: Use the Ohio Relay Service: 1-800/750-0750

Re: Ohio Registered Pharmacist Re: Ohio Registered Pharmacist License No. 03-2-28400 License No. 03-2-28400

NOTICE OF OPPORTUNITY FOR HEARING

Dear Mr. Canady: Dear Mr. Canady: with the provisions YOU ARE HEREBY NOTIFIED that, inin accordance with the provisions of Chapters 119. and9. and 4729. YOU ARE HEREBY NOTIFIED that, accordance December 5th, 2012 of Chapters 11 4729. of the Ohio Revised Code, Ohio State Board of Pharmacy will will determine whether or of the Ohio Revised Code, thethe Ohio State Board of Pharmacydetermine whether or not to not to take action against your license. Prior to any such such action, you are entitled to a before before take action against your license. Prior to any action, you are entitled to a hearing hearing the State Board ofof Pharmacy on the basis offollowing allegations: the State Board Pharmacy Ph.the basis of the the following allegations: . . , R. on 2140 Fulton Drive (1) RecordsOH, the State Board Pharmacy indicate that you were originally licensed in (1) Records of the State Board of of Pharmacy indicate that you were originally licensed in Coshocton, of 43812 the State of Ohio onon January 12008, pursuant to examination, and are and are currently State of Ohio January 17, 7, 2008, pursuant to examination, currently licensed to practice pharmacy in State of Ohio. licensed to practice pharmacy in the the State of Ohio. Re: Ohio Registered Pharmacist with purpose to No. 03-2-28400obtainobtain or (2) You did, on or around May 9, 9, 2012, purpose to deprive, knowingly (2) You on or around May 2012, with License deprive, knowingly or exert control over dangerous drugs, the property of CVS Pharmacy #3455, beyond beyond exert control over dangerous drugs, the property of CVS Pharmacy #3455, the express oror implied consent the owner, to wit: you have admitted removing express implied consent of of the owner, to wit: you have admitted removing from the pharmacy a dangerous drug that that not authorized by a legitimate DearfromCanady: Mr. the pharmacy a dangerous drug was was not authorized by a legitimate Specifically, capsules of of doxycycline 1 00mg, a dangerous prescription. Specifically, 2020 capsules doxycycline 100mg, a dangerous drug. drug. YOUSuch conduct isisinin violation of in accordance 3.02 the provisions Revised Code, and if ARE HEREBY violation that, Section 291 of the the Ohio of Chapters 119. Such conduct NOTIFIED of Section 2913.02with ofOhio Revised Code, and if and 4729. of the Ohio Revised Code, theguilty of of felony or gross immorality and/or guiltyguilty of to proven constitutes being guilty a Board of or gross will determine whether proven constitutes being Ohio State a felony Pharmacy immorality and/or of or not take dishonesty or unprofessional conduct to the practice of pharmacy within within the meaning action against your license. conduct in such action, you are entitled to a hearing before dishonesty or unprofessionalPrior in any the practice of pharmacy the meaning the State Board4729.16 of the Ohio basisCode. following allegations: of Section 4729.16 of the Ohiothe Revised the of Section of Pharmacy on Revised of Code.
(1) (3) (3) Records on State Board 9, 9, 2012, knowingly you were originally the You did, of the around May of 2012, knowingly practice medicine withoutlicensed in You did, on oror around May Pharmacy indicate thatpractice medicine without the the State of Ohio on wit: based solely on on information provided wife of a appropriate licensure, to to wit: based solely informationexamination, and the wife of a appropriate licensure, January 17, 2008, pursuant to provided by theby are currently licensed toyou concluded that the customer, had had no patient in the practice pharmacy in customer, Ohio. customer, you concluded that thethe State ofwhowho no patient profile profile in the pharmacy and you had never personally seen, had the medical ailmentailment bronchitis, and pharmacy and you had never personally seen, had the medical bronchitis, and You 20 capsules of the dangerous drug doxycycline deprive, knowingly obtain or did, on or of the dangerous drug with purpose to 1 to treat treat the sold 20 capsules around May 9, 2012, doxycycline 100mg00mg tothe ailment. ailment. exert control Such conduct isisinin dangerousof Section 4731.41the Ohio Revised Code, Code, beyond violation of drugs, 4731.41 of of the Ohio Revised and if Such conduct over violation Section the property of CVS Pharmacy #3455, and if the express or implied consent of the felony gross immorality and/or guiltyguilty of constitutes being guilty of of felony or or gross you have admitted removing proven proven constitutes being guilty a a owner, to wit: immorality and/or of from the or unprofessional condUct in the practice of authorized meaning dishonesty pharmacy a dangerous the practice of pharmacy within theby the meaning dishonesty or unprofessional conduct in drug that was not pharmacy within a legitimate prescription. Specifically, 20 capsules of Section 4729.16 of of the Ohio Revised Code. of Section 4729.16 the Ohio Revised Code. of doxycycline 100mg, a dangerous drug. Such conduct is in violation of Section 2913.02 of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code. You did, on or around May 9, 2012, knowingly practice medicine without the appropriate licensure, to wit: based solely on information provided by the wife of a customer, you concluded that the customer, who had no patient profile in the pharmacy and you had never personally seen, had the medical ailment bronchitis, and sold 20 capsules of the dangerous drug doxycycline 100mg to treat the ailment. Such conduct is in violation of Section 4731.41 of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality and/or guilty of dishonesty or unprofessional conduct in the practice of pharmacy within the meaning of Section 4729.16 of the Ohio Revised Code.

(2)

(3)

of the Ohio Revised Code, and if proven felony being guilty of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality; guilty of dishonesty or unprofessional conduct in the practice of immorality;guilty of dishonesty or unprofessionalconduct in the practice of Ohio pharmacy; and/or guilty of willfully violating provisions of Chapter 4729. pharmacy; and/or guilty of willfully violating provisions of Chapter 4729. of the Ohio Revised Code within the meaning Section 4729.1 6 of the Ohio Revised Code. Revised Code within the meaning of Section 4729.16 of the Ohio Revised Code. Jordan Daniel Canady, R.Ph. For these reasons, the State Board of Pharmacy will determine whether to take action For these reasons, the State Board of Pharmacy will determine whether to take action Page 2 pursuant to Section 4729.16 of the Ohio Revised Code. pursuant to Section 4729.16 of the Ohio Revised Code. Notice of Opportunity

YOU ARE HEREBY ADVISED Section 4729.16 of of Ohio Revised Code states in pertinent YOU ARE HEREBY ADVISED that that Section 4729.16 thethe Ohio Revised Code statesin pertinent part You did, on or around May 9, 2012, knowingly sell or offer to sell a dangerous drug (4) that: when the conduct was not in accordance with Chapters 2925., 3719., 4729., and (A) the state board of pharmacy, after notice and hearing in accordance with (A) The Ohio Revised Code, to after notice and hearing in accordance with 4731. of The state board of pharmacy, wit: you admittedly provided 20 capsules of Chapter 11 9. 100mg,Revised Code, may revoke, suspend, limit, place had never seen probation, Chapter 119. of the Revised Code,drug, to the wife of a customer you on probation, doxycycline of the a dangerous may revoke, suspend, limit, place or refuse to grant or renew an identification card, or may impose a monetary penalty or refuse a legitimate renew an identification card, is inmay impose a Section 4729.51(C) without to grant or prescription. Such conduct or violation of monetary penalty or forfeiture not to exceed and if proven fine designated guilty of Revised Code or forfeiture Revised Code,in severity anyconstitutes being under the a felony or gross of the Ohio not to exceed in severity any fine designated under the Revised Code in the case or violation of section of in Revised Code for a similar offense, or dishonesty of violation of aa section of the the practice for a similar offense, of in the case of aaunprofessional conduct theRevised Codeof immorality; guilty penalty, monetary penalty or forfeiture of not more than Ohio that does not bear guilty of willfully violating provisions of Chapter more than five that does not bear aapenalty, aamonetary penalty or forfeiture of not 4729. of the five pharmacy; and/or hundred dollars, if board finds a Section 4729.16 of the Ohio Revised Code. hundred dollars, if thethe meaning ofpharmacist or pharmacy intern: Revised Code within board finds a pharmacist or pharmacy intern: immorality; (1) Guilty of a felony of Pharmacy will (1) Guilty For these reasons, the Statefelony or gross immorality; determine whether to take action Board pursuant to Section 4729.16 of the Ohio Revised Code. practice of (2) Guilty of dishonesty or unprofessional conduct in (2) Guilty of dishonesty or unprofessional conduct in the practice of pharmacy; YOU ARE HEREBY ADVISED that Section 4729.16 of the Ohio Revised Code states in pertinent part that: (3) Addicted to or abusing liquor or drugs or impaired physically or (3) Addicted to or abusing liquor or drugs or impaired physically or mentally state board of pharmacy, after notice and hearing in accordance with mentally to such a degree as to render the pharmacist or pharmacy intern (A) The to such a degree as to render the pharmacist or pharmacy intern unfit to practice pharmacy; unfit to practice pharmacy; Chapter 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 penalty (4) Has convicted of a misdemeanor related in, or (4) Has been convicted of a any fine designated under committed Code or forfeiture not to exceed in severity misdemeanor related to, orthe Revised in, the practice of pharmacy; for athe practice of pharmacy; case of a violation of a section of the Revised Code similar offense, or in the that does not bear a penalty, a monetary penalty or forfeiture of not more than five ivallfulIy violating conspiring to violate, attempting to hundred dollars, if the board finds a pharmacist or pharmacy intern: (5) Guilty of willfully violating, conspiring to violate, attempting to 5) Guilty violate, or aiding and abetting the violation of any of the provisions of this violate, or aiding and abetting the violation of any of the provisions of this (1) Guilty 371 5 52 to 3715 72 of the Revised Code, Chapter 2925 or chapter, sections 3715.52 to 3715.72 of the Revised Code, Chapter 2925. or chapter, sections of a felony or gross immorality; 3719. of the Revised Code, or any rule adopted by board under those 3719. of the Revised Code, or any rule adopted by the board under those (2) provisions;Guilty of dishonesty or unprofessional conduct in the practice of pharmacy; (6) Guilty of permitting anyone other than a pharmacist or pharmacy a pharmacist or pharmacy (6) Guilty of permitting anyone other intern to practice pharmacy; to Addicted to or abusing liquor or drugs or impaired physically or intern(3) practice pharmacy; mentally to such a degree as to render the pharmacist or pharmacy intern unfit(7) practice of knowingly lending the pharmacists or pharmacy intern's to Guilty pharmacy; (7) Guilty of knowingly lending the pharmacist's pharmacy interns name to an illegal practitioner of pharmacy or having professional name to an illegal practitioner of pharmacy or having professional (4) with an convicted of a misdemeanor related to, or committed in, connection with an illegal practitioner of pharmacy; connectionHas beenillegal practitioner of pharmacy; 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 of the Revised Code, Chapter 2925. or 3719. of the Revised Code, or any rule adopted by the board under those provisions; (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;

consult agreement entered into (9) Has violated the terms of aaconsult agreement entered into (9) Has violated the terms of pursuant to section 4729.39 of the Revised Code; pursuant to section 4729.39 of the Revised Code;
Jordan Daniel (10) Has R.Ph. Canady, committed fraud, misrepresentation, or deception in applying identification card issued by the board under this for or securing a license or identification card issued by the board under this Page 3 for or securing a license chapter or under Chapter 3715. or 3719. of the Revised Code. Notice ofchapter or under Chapter 3715. or 3719. of the Revised Code. Opportunity

If, pursuant of dividing or agreeing to divide remuneration Revised Code, (8) Guilty to an adjudication under Chapter 11 9. of the made the (E) If, pursuant to an adjudication under Chapter 119. of the RevisedinCode, reasonable causeanybelieve individual, including, but not limited to, is cause to believe that a pharmacist or pharmacy intern is a pharmacist or pharmacy the board has reasonable the board has of pharmacy with to other practice mentally impaired, the board may require the pharmacist or owner, physically or mentally impaired, the board may require the pharmacist anypharmacy physically licensed health professional authorized to prescribe drugs or or pharmacy any intern to submit or employee or mental examination, or both. internmanager, to a physical or mental examination, orresidential care facility, or to submit to a physical of a health care facility, both.
nursing home; YOU ARE FURTHER NOTIFIED, in accordance with the provisions of Chapters 11 9. and 4729. of YOU ARE FURTHER NOTIFIED, in accordance with the provisions of Chapters 119. and 4729. hearing before the entered Board of the Ohio Revised Code, that you are entitled of aaconsult agreement Ohio Stateinto the Ohio Revised Code, violated are entitled to a hearing before the Ohio State Board of (9) Has that you the terms to Pharmacy, pursuant to section aahearing within thirty (30) days of the time of the mailing Pharmacy, if you request such4729.39 of the Revised Code;daysof the time of the mailing of if you request such hearing within thirty (30) this notice. this notice. 1 (10) Has committed fraud, misrepresentation, or deception -11- applying IF YOU DESIRE AAHEARING, such request shall be card to the State board under this IF YOU DESIRE securing a license request shall bemailedissued by the Board of Pharmacy, 77 HEARING, such or identification mailed to the State Board of Pharmacy, 77 for or Street, Room Chapter 3715. Ohio 43215-6126. YOUR REQUEST MUST BE IN South High Street, Room 1702, Columbus,or 3719. of the Revised Code. South Highchapter or under1702, Columbus, Ohio 43215-6126. YOUR REQUESTMUST BE IN THE OFFICE OF THE OHIO STATE BOARD OF PHARMACY WRITING, AND MUST BE RECEIVED WRITING, AND MUST BE RECEIVED IN THE OFFICE OF THE OHIO STATE BOARD OF PHARMACY ON OR PRIOR TO THE THIRTIETH (30TH) DAY FOLLOWING THE MAILING DATE OF THIS NOTICE. ON OR PRIOR TO THE THIRTIETH (30m) DAY FOLLOWING THE MAILING DATE OF THIS NOTICE. You may appear at such hearing in person, by your attorney, 119. such other representative You may appear pursuant to an adjudication underattorney, or by of theother representative (E) If, at such hearing in person, by Chapter or by such Revised Code, the agency, or that a pharmacist as is permitted to practice beforecause to believeyou may present your pharmacy intern is or arguments as is permitted to practice before the agency, or you may present or position, arguments or the board has reasonable contentions in writing; and, impaired, the board may require the evidence and examine any contentions in writing; and, at this hearing, you may also presentpharmacist andpharmacyany physically or mentally at this hearing, you may also present evidence or examine witnesses appearing for and against you. witnesses appearing for and againstor mental examination, or both. intern to submit to a physical you. 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, 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 (30m) 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.

BY ORDER OF THE STATE BOARD OF PHARMACY THE STATE BOARD OF PHARMACY BY ORDER

1
Jordan Daniel Canady, R.Ph. Page 4 Notice of Opportunity Kyle W. Par, M.B. R.Ph. er,484., R.Ph. Kyle W. Parker, Executive Director Executive Director
.,

KWP/bte (D- 120512-279) KWP/bte (D- 120512-279) YOU ARE FURTHER ADVISED that if there is no request for such a hearing received by the Registered Mail / Return Receipt Registered Mail / Return upon consideration of the aforementioned allegations against you, may Board of Pharmacy, Receipt RE 946 606 167 US 606 167 US RE

Board on or prior to the thirtieth (30th) day following the mailing of this notice, the Ohio State

take action without such a hearing.

c: Sean M. Culley, Assistant Attorney General C: Sean M. Culley, Assistant Attorney General

BY ORDER OF THE STATE BOARD OF PHARMACY

Kyle W. Par erM.B. Executive DireCtor

KWP/bte (D- 120512-279) Registered Mail / Return Receipt RE 946 606 167 US

R.Ph.

c:

Sean M. Culley, Assistant Attorney General