healthwarehouse.com jennifer marie trenkamp

8/10/2019 Healthwarehouse.com Jennifer Marie Trenkamp

1/5

OHIO ST TE BO RD OF PH RM CY

77 South High Street Room 1702; Columbus OH 43215-6126

-Equal Opportunity Employer and Service Provider-

TEL: 614

/4

66-4143

MAIL: [email protected] AX:

614/752-4836

TTY/TDD:

Use the Ohio Relay Service: 1 800/750 0750

RL:

http://www.pharmacy.ohio.gov

NOTICE OF OPPORTUNITY FOR HEARING

November 19, 2014

Healthwarehouse com

c/o Jennifer Marie Trenkamp, R.Ph.

7107 Industrial Road

Florence, KY 41042

Re:

hio Terminal Distributor

License No. 02-1835150

Dear Ms. Trenkamp:

YOU ARE HEREBY NOTIFIED

-Mat; iriattordance

with the provisions of

-

Chapters 119. and 4-729.

of the Ohio Revised Code, the Ohio State Board of Pharmacy will determine whether or not to

take action against Healthwarehouse.com s license. Prior to any such action,

Healthwarehouse.com

is entitled to a hearing before the State Board of Pharmacy on the basis

of the following allegations:

(1)

Records of the Board of Pharmacy indicate that Healthwarehouse.com

is licensed with

the State Board of Pharmacy as a Terminal Distributor of Dangerous Drugs. Records

further reflect during the relevant time periods stated herein, Beth Rosenberger Mack,

R.Ph. from January 4, 2013 through July 24, 2013, Kip Ferguson from July 24, 2013

through June 17, 2014, and Douglas Sawyer, R.Ph. from June 17, 2014 through August 8,

2014 were the Responsible Pharmacists pursuant to Rule 4729-5-11 of the Ohio

Administrative Code and Sections 4729.27 and 4729.55 of the Ohio Revised Code.

(2)

Between on or around May 2013, through June 2014, HealthWarehouse.com

illegally sold

dangerous drugs to Angel s Rest Animal Sanctuary in violation of Rule 4729-9-12 of the

Ohio Administrative Code and Section 4729.60 of the Ohio Revised Code, to wit: without

obtaining a copy of the current certificate of license as a terminal distributor from

Angel s Rest Animal Sanctuary, HealthWarehouse.com

sold dangerous drugs, at

wholesale, to the company. Such conduct, if proven, constitutes violating a rule of the

board and/or violating a provision of Chapter 4729 of the Ohio Revised Code within the

meaning of Section 4729.57 of the Ohio Revised Code.

(3)

On or around May 14, 2013, HealthWarehouse.com

illegally sold dangerous drugs to

Angel s Rest Animal Sanctuary, a terminal distributor with a category II license, in

violation of Section 4729.51(B)(3)(d) of the Ohio Revised Code, to wit:

Healthwarehouse.com

Invoice No. 0567224-IN indicates that HealthWarehouse.com

sold

the following dangerous drugs, at wholesale, to Angel s Rest Animal Sanctuary in the


2/5

Healthwarehouse.com


Page 2

Notice of Opportunity

amount of 112.42 without said dangerous drugs being listed on the license addendum

for Angel's Rest Animal Sanctuary in accordance with Section 4729.60 of the Ohio

Revised Code:

Two bottles of ammonium lactate 1 2% lotion, 400 grams each.

One bottle of amoxicillin 250 mg, 100 count.

Two bottles of omeprazole dr 20 mg, 100 count.

Two tubes of clotrimazole/betamethasone 1-0.05%, 45 gram each.

One bottle of fluconazole 150 mg, blister pack 12X1.

Such conduct, if proven, constitutes violating a provision of Chapter 4729. of the Ohio

Revised Code within the meaning of Section 4729.57 of the Ohio Revised Code.

(4)

n or around May 21, 2013, HealthWarehouse.com


Angel's Rest Animal Sanctuary, a terminal distributor with a category II license, in


Healthwarehouse.com

Invoice No. 0567791-IN Healthwarehouse.com

sold the following

dangerous drugs, at wholesale, to Angel's Rest Animal Sanctuary in the amount of

245.89 without said dangerous drugs being listed on the license addendum for

Angel'sa Rest Animal Sanctuary in accordance with Section 4729.60 of the Ohio Revised

Code:

Three bottles of levetiracetam extended release 500 mg, 60 count.

One bottle of trazodone hydrochloride 50 mg, 1000 count.

Six bottle of venlafaxine hydrochloride extended release 75 mg, 90 count

One bottle of digoxin .25 mg, 1000 count.



(5)

n or around June 25, 2013, HealthWarehouse.com


Angel's Rest Animal Sanctuary, a terminal distributor with a category II license, in


Healthwarehouse.com


sold the following



Angel's Rest Animal Sanctuary in accordance with Section 4729.60 of the Ohio Revised

Code:

One bottle of amoxicillin 500 mg, 500 count.

Ten bottles of omeprazole DR 20 mg, 100 count.

Three bottles of levothyroxine 88 mcg, 100 count.

One bottle of doxycycline hydrochloride 20 mg, 100 count.




3/5

Healthwarehouse.com


Page 3


(6)

n or around October 18, 2013, HealthWarehouse.com

illegally sold dangerous drugs

to Angel's Rest Animal Sanctuary, a terminal distributor with a category II license, in


Healthwarehouse.com Invoice No. 0644120-IN Healthwarehouse.com

sold the following



Angel's Rest Animal Sanctuary in accordance with Section 4729.60 of the Ohio Revised

Code:

One bottle of nitrofurantoin micro 50 mg, 100 count.

One bottle of metoclopramide 5 mg, 100 count.

One bottle of metoclopramide 5mg/m125X2m1 vials.

Five bottles of omeprazole dr 20 mg, 100 count.



(7)

n or around November 27, 2013, HealthWarehouse.com

illegally sold dangerous

drugs to Angel's Rest Animal Sanctuary, a terminal distributor with a category II license,

in violation of Section 4729.51(B)(3)(d) of the Ohio Revised Code, to wit:

Healthwarehouse.com


sold the following


49.90 without said dangerous drugs being listed on the license addendum for Angel's

Rest Animal Sanctuary in accordance with Section 4729.60 of the Ohio Revised Code:

Five bottles of ofloxacin 0.3 opthomic solution, 10 ml

Five bottles of metoclopramide 10 mg, 100 count.



For these reasons, the State Board of Pharmacy will determine whether to take action

pursuant to Section 4729.57 of the Ohio Revised Code.

YOU ARE HEREBY ADVISED that Section 4729.57 of the Ohio Revised Code provides in

pertinent part:

(A) The State Board of Pharmacy may suspend, revoke, or refuse to renew any license

issued to a terminal distributor of dangerous drugs pursuant to section 4729.54 of

the Revised Code, or may impose a monetary penalty or forfeiture not to exceed in

severity any fine designated under the Ohio Revised Code for a similar offense or one

thousand dollars if the acts committed have not been classified as an offense by the

Revised Code, for any of the following causes:

(1)

Making any false material statements in an application for a license

as a terminal distributor of dangerous drugs;

(2)

Violating any rule of the board;


4/5

Healthwarehouse.corn


Page 4


3) Violating any provision of this chapter;

4) Violating any provision of the Federal Food, Drug, and Cosmetic

Act, 52 Stat. 1040 (1938), 21 U.S.C.A. 301, or Chapter 3715. of the

Revised Code;

5) Violating any provision of the federal drug abuse control laws or

Chapter 2925. or 3719. of the Revised Code;

6)

Falsely or fraudulently promoting to the public a dangerous drug,

except that nothing in this division prohibits a terminal distributor of

dangerous drugs from furnishing information concerning a

dangerous drug to a health care provider or another licensed

terminal distributor;

7)

Ceasing to satisfy the qualifications of a terminal distributor of

dangerous drugs set forth in Section 4729.55 of the Revised Code.

8) Except

rovided in division B) of this section:

a)

Waiving the payment of all or any part of a deductible or

copayment that an individual, pursuant to a health insurance

or health care policy, contract, or plan that covers the

services provided by a terminal distributor of dangerous

drugs, would otherwise be required to pay for the services if

the waiver is used as an enticement to a patient or group of

patients to receive pharmacy services from that terminal

distributor;

b)

Advertising that the terminal distributor will waive the

payment of all or any part of a deductible or copayment that

an individual, pursuant to a health insurance or health care

policy, contract, or plan that covers the pharmaceutical

services would otherwise be required to pay for the services.

YOU ARE FURTHER NOTIFIED that Revoke , as used in Chapters 3719. and 4729. of the

Revised Code, means to take action against a license rendering such license void and such

license may not be reissued. Revoke is an action that is permanent against the license and

licensee. Ohio Administrative Code, 4729-9-01 E)

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.


5/5

Healthwarehouse.com


Page 5


IF YOUR FACILITY DESIRES 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 30TH) DAY FOLLOWING THE MAILING DATE OF

THIS NOTICE. You may appear at such hearing in person, by or with your attorney, or you may

present the facility s position, arguments or contentions in writing; and, at this hearing, you

may also present evidence and examine any witnesses appearing for and against the facility.

YOU ARE FURTHER ADVISED that if there is no request for such a hearing received by the

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

Board of Pharmacy, upon consideration of the aforementioned allegations against your

facility, may take action without such a hearing.

BY ORDER OF THE STATE BOARD OF PHARMACY

Steven W.

. Schierholt, Esq.

Executive Director

SWS/rlc Case No. 2014-1602)

Registered Mail / Return Receipt

RE 663 139 064 US

c: Charissa D. Payer, Assistant Attorney General

healthwarehouse.com jennifer marie trenkamp

Documents