khn pharmacy rachel nicole schlechty

8/10/2019 Khn Pharmacy Rachel Nicole Schlechty

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NOTICE OF OPPORTUNITY FOR HEARING

November 19, 2014

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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:

614/466-4143

-MAIL: [email protected] AX:

61 4

/7

52-4836

TTY/7 DD.

Use the Ohio Relay Service: 1-800/750-0750

RL: http://www.pharmacy.ohio.gov

KHN Pharmacy

c/o Rachael Nicole Schlechty, R.Ph.

8701 Troy Pike

Huber Heights, Ohio 45424

Re:

hio Terminal Distributor

License No. 02-1382950

Dear Ms. Schlechty:

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 to

take action against KHN Pharmacy s license. Prior to any such action, KHN Pharmacy 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 KHN Pharmacy 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, Rachael Nicole

Schlechty, R.Ph. was the Responsible Pharmacist pursuant to Rule 4729-5-11 of the

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

Code.

2)

On or between August 10, 2011 through March 27, 2013, KHN Pharmacy

Huber/Rachael N. Schlechty, RP, ceased to satisfy the qualifications of a terminal

distributor of dangerous drugs set forth in Section 4729.55 of the Ohio Revised Code,

to wit: Rachael Schlechty failed to maintain supervision and control over the custody

and possession of dangerous drugs at K.H.N. Pharmacy Huber Heights, located at

8701 Old Troy Pike, Huber Heights, Ohio, which led to the theft of approximately

88,030 hydrocodone/APAP 7.5/750mg tablets from the pharmacy by a pharmacy

employee while the pharmacy was open for business. Additionally, KHN Pharmacy

Huber/Rachael N. Schlechty, RP, failed to have in place any method of detecting the

losses and failed to monitor for suspicious order, unusual usage, or questionable

disposition of the drugs. Such conduct is in violation of Rule 4729-9-11 of the Ohio

Administrative Code. Such conduct, if proven, constitutes violating a rule of the

board, and ceasing to satisfy the qualifications of a terminal distributor of dangerous

drugs set forth in Section 4729.55 within the meaning of Section 4729.57 of the Ohio

Revised Code.


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KHN Pharmacy


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Notice of Opportunity

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;

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 as provided 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;


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KHN Pharmacy


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Notice of Opportunity

(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.

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. 2013-1218)

Registered Mail / Return Receipt

RE 663 139 078 US

c: Charissa D. Payer, Assistant Attorney General

khn pharmacy rachel nicole schlechty

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