Bos Timothy R Ph (PD)

8/23/2019 Bos Timothy R Ph (PD)

1/5

77 South High Street, Room 1702; Columbus, Ohio 43215-6126-Equal Opportunity Employer and Service Provider-

OHIO STATE BOARD OF PHARMACYPHONE: 614/466-4143 FAX: 614/752-4836TTY/TOO Ohio Relay Service: 1-800/750-0750

E-MAIL: [email protected]: http://www.state.oh.us/pharmacy/

PROPOSAL TO DENY I NOTICE OF OPPORTUNITY FOR HEARINGMay 23, 2013

Timothy 80S616 WindsorHercules, CA 94547

Re: Application fo r Registrationby ExaminationDear Mr. Bos:YOU ARE HEREBY NOTIFIED, in accordance with the provisions of Section 119.07 of the OhioRevised Code, that your application for registration as a pharmacist by examination pursuantto Sections 4729.07, 4729.08, 4729.11, and 4729.16 of the Revised Code has been proposedto be denied, and that you may request a hearing in this matter.The reason fo r this proposal is that the Board has evidence which leads it to believe that youdo not meet the requirements for l icensure by examination, as set forth in Division (B) ofSection 4729.08 of the Revised Code which states in part: "Every applicant fo r examinationand registration as a pharmacist shall: ... Be of good moral character and habits; ..." Thespecific evidence in support of this action is as follows:(1) Records of the Board of Pharmacy indicate that you submitted an application fo r

examination as a pharmacist on or about June 25, 2012.(2) You did, on or about June 22, 2012, knowingly make a false statement with purpose

to secure the issuance of a license or registration, to wit: you indicated on yourApplication fo r Examination as a Pharmacist that you had not been charged orconvicted of a felony or misdemeanor other than a minor traff ic violation when in factyou had been charged with hit-and-run in California approximately 20 years ago. Suchconduct is in violation of Section 2921.13 of the Ohio Revised Code, and if provenconstitutes not being of good moral character and habi ts within the meaning of Rule4729-5-04 of the Ohio Administrative Code and/or being guilty of gross immoralityand/or quiltv of dishonesty or unprofessional conduct in the practice of pharmacywithin the meaning of Section 4729.16 of the Ohio Revised Code.

(3) On or about April 3, 1995, Mr. Bos' pharmacist and controlled substance licenses inthe State of Michigan were suspended fo r one (1) year for dispensing 4 oz. bottles ofMichigan schedule 5, codeine-base cough syrup fo r non-medical purposes. In theMatter of Timothy Bos, R.Ph., State of Michigan Dept. of Licensing and Regulation


2/5

Timothy BosPage 2Notice of Opportunity

Board of Pharmacy File No. 53-89-0622-00. On or about May 2, 1997, reinstatementof Mr. Bos' pharmacist and controlled substance licenses was denied. In the Matter ofthe Appl ication fo r Reinstatement of Timothy Bos, R.Ph., State of MichiganDepartment of Consumer and Industry Services Board of Pharmacy Docket No. 960407. On or around November 23, 1998, Mr. Bos' pharmacist and controlledsubstance licenses were reinstated subject to a one year probationary term. In theMatter of Timothy Bos, R.Ph., State of Michigan Department of Consumer andIndustry Services Board of Pharmacy Docket No. 98-0400. Such discipline, if proven,constitutes not being of good moral character and habits and/or being disciplined byany professional l icensing board within the meaning of Rule 4729-5-04 of the OhioAdministrative Code; further, such conduct, if proven, constitutes being guilty of afelony or gross immorality; and/or guilty of dishonesty or unprofessional conduct inthe practice of pharmacy within the meaning of Section 4729.16 of the Ohio RevisedCode.

For these reasons, the State Board of Pharmacy will determine whether to take act ionpursuant to Section 4729.08 of the Ohio Revised Code.YOU ARE HEREBY ADVISED that Rule 4729-5-04 of the Ohio Administrative Code, states that:

The board of pharmacy may consider as evidence of a person not meeting therequirements provided in div ision (B) of section 4729.08, division (B) of section4729.09, and sect ions 4729.11 and 4729.12 of the Revised Code, and may deny aperson admission to the licensure examination, or may deny the issuance of acertificate of registration or an identification card to practice pharmacy as apharmacist or intern in Ohio if such person:(A) Has been convicted of a felony;(B) Has been convicted of violating any state or federal pharmacy or drug law;(C) Is not of good moral character and habits;(D) Is addicted to or abusing liquor or drugs;(E) Has been disciplined by the Ohio state board of pharmacy pursuant to section

4729.16 of the Revised Code; or(F) Has been disciplined by any board of pharmacy.

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

(A) The state board of pharmacy, after not ice and hearing in accordance withChapter 119. of the Ohio Revised Code, may revoke, suspend, limit, place onprobation, or refuse to grant or renew an identification card, or may impose amonetary penalty or forfeiture no t to exceed in severity any fine designated underthe Revised Code fo r a similar offense, or in the case of a violation of a section ofthe Revised Code that does not bear a penalty, a monetary penalty or forfeiture of


3/5


no t more than five hundred dollars, if the board f inds a pharmacist or pharmacyintern:

(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 physical ly or mentally

to such a degree as to render the pharmacist or pharmacy intern unfit to practicepharmacy;(4) Has been convicted of a misdemeanor related to, or committed in, thepractice of pharmacy;(5) Guilty of willfully violating, conspiring to violate, attempting to violate,

or aiding and abetting the violation of any of the provisions of this chapter,sections 3715.52 to 3715.72 of the Revised Code, Chapter 2925. or 3719. of theRevised Code, or any rule adopted by the board under those provisions;(6) Guilty of permitting anyone other than a pharmacist or pharmacy internto practice pharmacy;(7) Guilty of knowingly lending the pharmacist's or pharmacy intern's name

to an il legal practitioner of pharmacy or having professional connection with anillegal practitioner of pharmacy;(8) Guilty of dividing or agreeing to divide remuneration made in thepractice of pharmacy with any other individual, including, but not l imited to, anylicensed health professional authorized to prescribe drugs or any owner, manager,

or employee of a health care facil ity, residential care facil ity, or nursing home;(9) Has violated the terms of a consult agreement entered into pursuant tosection 4729.39 of the Revised Code;(10) Has committed fraud, misrepresentation, or deception in applying fo r or

' ~ " " ' ' ' ' ~ ' ' ' ' ' ' " ~ ' 5 e c u r i n g a license or identification card issued by the board under this chapter orunder Chapter 3715. or 3719. of the Revised Code.

(B) Any individual whose identification card is revoked, suspended, or refused,shall return the ident if icat ion card and license to the offices of the state board ofpharmacy within ten days after receipt of notice of such action.(C) As used in this section: "Unprofessional conduct in the practice of pharmacy"includes any of the following:(1) Advertising or displaying signs that promote dangerous drugs to the public ina manner that is false or misleading;


4/5


(2) Except as provided in section 4729.281 of the Revised Code, the sale of anydrug fo r which a prescription is required, without having received a prescription fo r thedrug;(3) Knowingly dispensing medicat ion pursuant to false or forged prescriptions;(4) Knowingly failing to maintain complete and accurate records of all dangerousdrugs received or dispensed in compliance with federal laws and regulat ions and statelaws and rules;(5) Obtaining any remuneration by fraud, misrepresentation, or deception.(D) The board may suspend a license or identification card under division (B) ofsection 3719.121 of the Revised Code by utilizing a telephone conference call to review

the allegations and take a vote.(E) If, pursuant to an adjudication under Chapter 119. of the Revised Code, theboard has reasonable cause to believe that a pharmacist or pharmacy intern is physicallyor mentally impaired, the board may require the pharmacist or pharmacy intern 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, i f you request such a hear ing 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. You may appear at such hearingin person, by your attorney, or by such other representative as is permitted to practice beforethe agency, or you may present your position, arguments or contentions in writing; and, atthis hearing, you may also present evidence and examine any witnesses appearing fo r andagainst you.


5/5


YOU ARE HEREBY ADVISED that if you do not request such a hearing within thirty (30) days ofthe mailing of this notice, the State Board of Pharmacy, upon consideration of theaforementioned evidence, may take action without such a hearing.

OARD OF PHARMACY

KWP/bte (Case No. 2012-1514)Registered Mail/Return ReceiptRE 946606 533 USc: Charissa Payer, Assistant Attorney General

Documents

Bos Timothy R Ph (PD)