Kuba, Keith Allen _LG

8/9/2019 Kuba, Keith Allen _LG

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OHIO STATE BOARD OF PHARMACY77 South High Street, Room 1702; Columbus, OH 43215-6126

-Equal Opportunity Employer and Service Provider-

TEL: 614/466-4143 E-MAIL: [email protected] FAX: 614/752-4836TTY/TDD: Use the Ohio Relay Service: 1-800/750-0750 URL: http://www.pharmacy.ohio.gov

NOTICE OF OPPORTUNITY FOR HEARING

March 12, 2010

Keith Allen Kuba, R.Ph.342 W Butler StBryan, OH 43506-1607

Re: Ohio Registered PharmacistLicense No. 03-2-15200

Dear Mr. Kuba:

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 totake action against your license. Prior to any such action, you are entitled to a hearing beforethe State Board of Pharmacy on the basis of the following allegations:

(1) Records of the State Board of Pharmacy indicate that you were originally licensed inthe State of Ohio on September 27, 1983, pursuant to examination and are currentlylicensed to practice pharmacy in the State of Ohio. Records further reflect during therelevant time periods stated herein, you were the Responsible Pharmacist at RingerProfessional Pharmacy, 442 W. High Street, Bryan, Ohio 43506, pursuant to Sections4729.27 and 4729.55 of the Ohio Revised Code and Rule 4729-5-11 of the OhioAdministrative Code.

(2) You as the responsible pharmacist did, from April 30, 2007, through August 8, 2009,fail to provide supervision and control of dangerous drugs and adequate safeguardsto ensure proper distribution of dangerous drugs, to wit: you and pharmacists underyour control allowed non-pharmacists to have access to the dangerous drug stock ofRinger Professional Pharmacy when pharmacists did not provide personal supervisionand adequate safeguards to prevent diversion. The pharmacy had a shortage of36,744 tablets of Schedule II and III Controlled Substances during this time period.Such conduct is in violation of Rule 4729-9-11 of the Ohio Administrative Code, and ifproven constitutes being guilty of unprofessional conduct in the practice of pharmacyand/or willfully violating a rule of the Board within the meaning of Section 4729.16 ofthe Ohio Revised Code.

(3) You as the responsible pharmacist did, from April 30, 2007, through August 8, 2009,fail to provide effective and approved controls and procedures to deter and detecttheft and diversion of dangerous drugs, to wit: you and pharmacists under yourcontrol allowed non-pharmacists to have access to the dangerous drug stock ofRinger Professional Pharmacy when pharmacists did not provide personal supervisionand adequate safeguards to prevent diversion. The pharmacy had a shortage of36,744 tablets of Schedule II and III Controlled Substances during this time period. Atechnician has admitted to Board agents that she stole controlled substances. Noprocedures were in place to detect the diversion. Such conduct is in violation of Rule4729-9-05 of the Ohio Administrative Code, and if proven constitutes being guilty of


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Keith Allen Kuba, R.Ph.Page 2Notice of Opportunity

unprofessional conduct in the practice of pharmacy and/or willfully violating a rule ofthe Board within the meaning of Section 4729.16 of the Ohio Revised Code.

For these reasons, the State Board of Pharmacy will determine whether to take actionpursuant to Section 4729.16 of the Ohio Revised Code.

YOU ARE HEREBY ADVISED that Section 4729.16 of the Ohio Revised Code states in pertinentpart that:

(A) The state board of pharmacy, after notice and hearing in accordance withChapter 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 penaltyor forfeiture not to exceed in severity any fine designated under the Revised Codefor a similar offense, or in the case of a violation of a section of the Revised Codethat does not bear a penalty, a monetary penalty or forfeiture of not more than fivehundred dollars, if the board finds a pharmacist or pharmacy intern:

(1) Guilty of a felony or gross immorality;

(2) Guilty of dishonesty or unprofessional conduct in the practice ofpharmacy;

(3) Addicted to or abusing liquor or drugs or impaired physically ormentally to such a degree as to render the pharmacist or pharmacy internunfit to practice pharmacy;

(4) Has been convicted of a misdemeanor related to, or committed in,the practice of pharmacy;

(5) Guilty of willfully violating, conspiring to violate, attempting toviolate, or aiding and abetting the violation of any of the provisions of thischapter, sections 3715.52 to 3715.72 of the Revised Code, Chapter 2925. or3719. of the Revised Code, or any rule adopted by the board under thoseprovisions;

(6) Guilty of permitting anyone other than a pharmacist or pharmacyintern to practice pharmacy;

(7) Guilty of knowingly lending the pharmacists or pharmacy internsname to an illegal practitioner of pharmacy or having professional

connection with an illegal practitioner of pharmacy;

(8) Guilty of dividing or agreeing to divide remuneration made in thepractice of pharmacy with any other individual, including, but not limited to,any licensed health professional authorized to prescribe drugs or any owner,manager, or employee of a health care facility, residential care facility, ornursing home;

(9) Has violated the terms of a consult agreement entered intopursuant to section 4729.39 of the Revised Code;


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(10) Has committed fraud, misrepresentation, or deception in applyingfor or securing a license or identification card issued by the board under thischapter or under Chapter 3715. or 3719. of the Revised Code.

...(E) If, pursuant to an adjudication under Chapter 119. of the Revised Code,

the board has reasonable cause to believe that a pharmacist or pharmacy intern isphysically or mentally impaired, the board may require the pharmacist or pharmacyintern to submit to a physical or mental examination, or both.

YOU ARE FURTHER NOTIFIED, in accordance with the provisions of Chapters 119. and 4729. ofthe Ohio Revised Code, that you are entitled to a hearing before the Ohio State Board ofPharmacy, if you request such a hearing within thirty (30) days of the time of the mailing ofthis notice.

IF YOU DESIRE A HEARING, such request shall be mailed to the State Board of Pharmacy, 77South High Street, Room 1702, Columbus, Ohio 43215-6126. YOUR REQUEST MUST BE INWRITING, AND MUST BE RECEIVED IN THE OFFICE OF THE OHIO STATE BOARD OF PHARMACYON OR PRIOR TO THE THIRTIETH (30TH) DAY FOLLOWING THE MAILING DATE OF THIS NOTICE.You may appear at such hearing in person, by your attorney, or by such other representativeas is permitted to practice before the agency, or you may present your position, arguments orcontentions in writing; and, at this hearing, you may also present evidence and examine anywitnesses appearing for and against you.

YOU ARE FURTHER ADVISED that if there is no request for such a hearing received by theBoard on or prior to the thirtieth (30th) day following the mailing of this notice, the Ohio StateBoard 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

William T. Winsley, M.S., R.Ph.Executive Director

WTW:vf (D-100312-104)

Registered Mail / Return ReceiptRE 663 136 981 US

c: Tracy M. Greuel, Assistant Attorney General


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This public document is provided as a courtesy by:

James Lindon, Pharm.D., Ph.D., J.D., Attorney at LawLindon & Lindon, LLCPatents, Trademarks, Copyright, Pharmacy Law35104 Saddle CreekCleveland (Avon), Ohio 44011-4907Phone: 440-333-0011Fax: 419-710-4925http://www.lindonlaw.com/

Publication of this document does not necessarily mean that the pharmacist or other personmentioned in the document did what he/she is being accused of.
http://www.lindonlaw.com/http://www.lindonlaw.com/

Kuba, Keith Allen _LG

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