1

OHIO STATE BOARD OF PHARMACY

77 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: 614/752-4836

TTY/TDD: Use the Ohio Relay Service: 1-800/750-0750 URL: http://www.pharmacy.ohio.gov

1
2
3 NOTICE OF OPPORTUNITY FOR HEARING
4
5
6 February 18, 2010
7William Mark Meissner, R.Ph.
86364 Sharlene Drive
9Cincinnati, Ohio 45248
10
11 Re: Ohio Registered Pharmacist
12 License No. 03-3-09118
13
14Dear Mr. Meissner:
15
16YOU ARE HEREBY NOTIFIED that, in accordance with the provisions of Chapters 119. and
174729. of the Ohio Revised Code, the Ohio State Board of Pharmacy will determine whether
18or not to take action against your license. Prior to any such action, you are entitled to a
19hearing before the State Board of Pharmacy on the basis of the following allegations:
20
21(1) Records of the State Board of Pharmacy indicate that you were originally licensed
22 in the State of Ohio on August 12, 1968, pursuant to examination, and are
23 currently licensed to practice pharmacy in the State of Ohio.
24
25(2) You did, on or about or prior to May 15, 2009, fail to obtain and/or fail to submit to
26 the Board evidence of approved continuing education, to wit: when audited, it was
27 determined that you were short three continuing education hours (0.3 CEUs) on
28 board approved Jurisprudence. Such conduct is in violation of Rule 4729-7-02 of
29 the Ohio Administrative Code, and if proven constitutes being guilty of
30 unprofessional conduct and/or willfully violating a rule of the Board within the
31 meaning of Section 4729.16 of the Ohio Revised Code.
32
33For these reasons, the State Board of Pharmacy will determine whether to take action
34pursuant to Section 4729.16 of the Ohio Revised Code.
35
36YOU ARE HEREBY ADVISED that Section 4729.16 of the Ohio Revised Code states in
37pertinent part that:
38 (A) The state board of pharmacy, after notice and hearing in accordance
39 with Chapter 119. of the Revised Code, may revoke, suspend, limit, place on
40 probation, or refuse to grant or renew an identification card, or may impose a
41 monetary penalty or forfeiture not to exceed in severity any fine designated under
42 the Revised Code for a similar offense, or in the case of a violation of a section of
43 the Revised Code that does not bear a penalty, a monetary penalty or forfeiture of
44 not more than five hundred dollars, if the board finds a pharmacist or pharmacy
45 intern:
46
2
 33
47 (1) Guilty of a felony or gross immorality;
48
49 (2) Guilty of dishonesty or unprofessional conduct in the practice of
50 pharmacy;
51
52 (3) Addicted to or abusing liquor or drugs or impaired physically or
53 mentally to such a degree as to render the pharmacist or pharmacy intern
54 unfit to practice pharmacy;
55
56 (4) Has been convicted of a misdemeanor related to, or committed
57 in, the practice of pharmacy;
58
59 (5) Guilty of willfully violating, conspiring to violate, attempting to
60 violate, or aiding and abetting the violation of any of the provisions of this
61 chapter, sections 3715.52 to 3715.72 of the Revised Code, Chapter 2925.
62 or 3719. of the Revised Code, or any rule adopted by the board under
63 those provisions;
64
65 (6) Guilty of permitting anyone other than a pharmacist or pharmacy
66 intern to practice pharmacy;
67
68 (7) Guilty of knowingly lending the pharmacist’s or pharmacy
69 intern’s name to an illegal practitioner of pharmacy or having professional
70 connection with an illegal practitioner of pharmacy;
71
72 (8) Guilty of dividing or agreeing to divide remuneration made in the
73 practice of pharmacy with any other individual, including, but not limited
74 to, any licensed health professional authorized to prescribe drugs or any
75 owner, manager, or employee of a health care facility, residential care
76 facility, or nursing home;
77
78 (9) Has violated the terms of a consult agreement entered into
79 pursuant to section 4729.39 of the Revised Code;
80
81 (10) Has committed fraud, misrepresentation, or deception in
82 applying for or securing a license or identification card issued by the board
83 under this chapter or under Chapter 3715. or 3719. of the Revised Code.
84
85 ...
86 (E) If, pursuant to an adjudication under Chapter 119. of the Revised Code,
87 the board has reasonable cause to believe that a pharmacist or pharmacy intern
88 is physically or mentally impaired, the board may require the pharmacist or
89 pharmacy intern to submit to a physical or mental examination, or both.
90
91YOU ARE FURTHER NOTIFIED, in accordance with the provisions of Chapters 119. and 4729.
92of the Ohio Revised Code, that you are entitled to a hearing before the Ohio State Board of
93Pharmacy, if you request such a hearing within thirty (30) days of the time of the mailing of
94this notice.
95
96IF YOU DESIRE A HEARING, such request shall be mailed to the State Board of Pharmacy, 77
97South High Street, Room 1702, Columbus, Ohio 43215-6126. YOUR REQUEST MUST BE IN
98WRITING, AND MUST BE RECEIVED IN THE OFFICE OF THE OHIO STATE BOARD OF
99PHARMACY ON OR PRIOR TO THE THIRTIETH (30TH) DAY FOLLOWING THE MAILING DATE OF
 44
100 THIS NOTICE. You may appear at such hearing in person, by your attorney, or by such
101other representative as is permitted to practice before the agency, or you may present your
102position, arguments or contentions in writing; and, at this hearing, you may also present
103evidence and examine any witnesses appearing for and against you.
104
105YOU ARE FURTHER ADVISED that if there is no request for such a hearing received by the
106Board on or prior to the thirtieth (30th) day following the mailing of this notice, the Ohio
107State Board of Pharmacy, upon consideration of the aforementioned allegations against
108you, may take action without such a hearing.
109
110IF YOU DO NOT DESIRE TO HAVE A HEARING ON THIS MATTER AND CHOOSE TO SETTLE
111THE MATTER WITHOUT A HEARING, you may execute the enclosed settlement document
112and return it to the Board, along with the monetary penalty, on or prior to the thirtieth
113(30th) day following the mailing of this notice. If you choose this option, the matter will be
114concluded pursuant to the terms set forth in the settlement document. If you do not
115choose this option, the settlement offer is withdrawn and held for naught, and it will not be
116held against you if you choose to exercise your right to a hearing.
117
118 BY ORDER OF THE STATE BOARD OF
119PHARMACY
120
121
122
123
124 William T. Winsley, M.S., R.Ph.
125 Executive Director
126WTW:vf (D-100218-082)
127
128Registered Mail / Return Receipt
129RE 359 825 139 US
130
131c: Tracy M. Greuel, Assistant Attorney General
132
133This public document is provided as a courtesy by:
134
135James Lindon, Pharm.D., Ph.D., J.D., Attorney at Law
136Lindon & Lindon, LLC
137Patents, Trademarks, Copyright, Pharmacy Law
13835104 Saddle Creek
139Cleveland (Avon), Ohio 44011-4907
140Phone: 440-333-0011
141Fax: 419-710-4925
142http://www.lindonlaw.com/
143
144Publication of this document does not necessarily mean that the pharmacist or other
145person mentioned in the document did what he/she is being accused of.
146