OHIO STATE BOARD OF PHARMACY

77 South High Street, Room 1702; Columbus, Ohio 43215-6126

-Equal Opportunity Employer and Service Provider-

PHONE: 6141466-4143
FAX: 614/752-4836
TTY/TDD: Use the Ohio Relay Service: 1-800/750-0750

E-MAIL: exec@bop.ohio.gov
URL: http://www.pharmacy.ohio.gov/

SUMMARY SUSPENSION/NOTICE OF OPPORTUNITY FOR HEARING

IN THE MATTER OF:

CASE NO. 2014-1889

Anthony Gamm, R.Ph.

3331 Tournament Court
Greenwood, IN 46143

R.Ph. License Na. 03-1-17366

-THI IS A RED INK STAMPI certify this to be a true and exact copy of
the original document on file with the
Ohio - a :, oard of Pharr acy.

May 4, 2015
Steven W.
ierh It, Esq., Executive Dir.
Date:
-MUST HAVE ARP SEAL TO SE OFFICIAL
You are hereby notified, pursuant to Sections 3719.121(A),3719.121(B), and 3719.21(C) of the Ohio
Revised Code, the Ohio State Pharmacy Board (Board) hereby summarily suspends Anthony Gamm's
Ohio license as a pharmacist, consistent with Section 4729.16 of the Ohio Revised Code.
Dear Anthony Gamm:

JURISDICTION
1.

Records of the Board of Pharmacy indicate that you were originally licensed in the State of Ohio
on July 29, 1988, pursuant to examination, and are currently licensed to practice pharmacy in
the State of Ohio.

2. The Board has the authority to pursue a summary suspension of a pharmacist's license pursuant
to Section 3719.121 and discipline of a pharmacist license pursuant to Section 4729.16 of the
Ohio Revised Code (O.R.C).
ALLEGATIONS AND POTENTIAL VIOLATIONS OF LAW
1.

Division 3719.121(C) of the O.R.C. states in pertinent part, "the board...shall suspend the
license...of [a licensee] on a plea of guilty to...or the person's conviction of an offense in another
jurisdiction that is essentially the same as a felony drug abuse offense..." You, Anthony Gamm,
plead guilty to Count 1 Theft, a class D felony and Count 2 Possession of a Controlled Substance,
a class D felony. You were sentenced to 1095 days in the Indiana Department of Corrections
with each count to run concurrently with 915 days suspended to formal probation with
stipulations. You also entered the Hancock County Drug Court Program for two years and were
ordered to make restitution to CVS Corporation in the amount of $12,496.00. State of Indiana v.
Anthony Gamma Cause No. 30D01-1408-FD-001389. As a result of this guilty plea, the board is
immediately suspending your license pursuant to Section 3719.121(C) of the Revised Code.
This suspension shall remain in effect until the board holds an adjudicatory hearing under
Chapter 119. of the Revised Code.

2.

Furthermore, you are addicted to the use of controlled substances in violation of Section
3719.121(A) of the O.R.C. and/or there is clear and convincing evidence that continuation of
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your professional practice or method of prescribing or personally furnishing controlled

substances presents a danger of immediate and serious harm to others as set forth in Section
3719.121(B) of the O.R.C., to wit:
a. On your renewal application with the Board signed on September 10, 2014, you
truthfully answered in the affirmative to the question which inquired whether you have
ever been convicted of a felony or misdemeanor. Upon investigation and through your
written documentation, the Board became aware that you were indicted in Hancock
County, Indiana for theft and possession of controlled substances.
b.

During an interview with Board Agent Todd Knauss on March 10, 2015, you indicated
that you are addicted to pain medications and are currently seeking treatment for your
addiction.

c.

Such conduct as set forth in paragraphs 2a and 2b of this section, if proven, also
constitutes a violation of Section 4729.16 of the O.R.C., which allows the Board to
consider the following when imposing disciplinary action:
1. Guilty of a felony or gross immorality, O.R.C. 4729.16(A)(1); and/or
ii. Guilty of dishonesty or unprofessional conduct in the practice of pharmacy,
O.R.C. 4729.16(A)(2); and/or
iii. Addicted to or abusing liquor or drugs or impaired physically or mentally to such
a degree as to render the pharmacist unfit to practice pharmacy, O.R.C.
4729.16(A)(3); and/or
iv. Guilty of willfully violating 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, O.R.C. 4729.16(A)(5).

d. Such conduct as set forth in paragraphs 2a and 2b of this section, if proven, also
constitutes a violation of Chapter 4729-5 of the Ohio Administrative Code (O.A.C.),
which allows the Board to consider as evidence of a person not meeting the
requirements provided for licensure in the Revised Code:
i. Conviction of a felony, O.A.C. Rule 4729-5-04(A); and/or
ii. Conviction of violating any state or federal pharmacy or drug law, O.A.C. Rule
4729-5-04(B); and/or
iii. Not being of good moral character and habits, O.A.C. Ru1e4729-5-04(C); and/or
iv. Being addicted to or abusing liquor or drugs, O.A.C. Rule 4729-5-04(D).
3.

Additionally, as a result of your criminal conviction in Indiana, you were indefinitely suspended
by the Indiana Board of Pharmacy and are not able to petition for reinstatement until you have
had a year of compliance with Indiana's stipulations and have paid a fine of $1,500. In the
Matter of the License of Anthony Joseph Gamm, R.Ph., License No. 26021647A, Cause No. 2014
1BP 0076 (December 12, 2014).
a.

Such conduct as set forth in paragraph 3 of this section, if proven, also constitutes a
violation of Chapter 4729-5 of the O.A.C., which allows the Board to consider as
evidence of a person not meeting the requirements provided for licensure in the
Revised Code, discipline by any professional licensing board, O.A.C. Rule 4729-5-04(F).

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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 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 30TH 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.
YOU ARE FURTHER ADVISED that if there is no request for such a hearing received by the Board on or
prior to the 30th day following the mailing of this notice, the Ohio State Board of Pharmacy, upon
consideration of the aforementioned allegations against you, may take action without such a hearing.
BY ORDER OF THE STATE BOARD OF PHARMACY

Steven W. Schierholt, Esq., Executive Director

SWS/rIc
RMRRR: RE 663 139 427 US

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