anthony gamm

8/9/2019 Anthony Gamm

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

-Equal Opportunity Employer and Service Provider-

PHONE: 6141466 4143 AX: 61 4 / 7 52 4836 MAIL: [email protected] TDD: Use the Ohio Relay Service: 1-800/750-0750 RL: http://www.pharmacy.ohio.gov/

SUMMARY SUSPENSION/NOTICE OF OPPORTUNITY FOR HEARING

CASE NO. 2014-1889

R.Ph. License Na. 03-1-17366-THI IS A RED INK STAMP-

I certify this to be a true and exact cthe original document on file with tOhio - a : oard of Pharr acy.

I N T H E M AT T E R O F

Anthony Gamm, R.Ph.

3331 Tournament CourtGreenwood, IN 46143

May 4, 2015

Steven W.Date:

ierh It Esq. Executive Dear Anthony Gamm:

-MUST HAVE ARP SEAL TO SE OF F

You are hereby notified, pursuant to Sections 3719.121(A),3719.121(B), and 3719.21(C) of the Ohio

Revised Code, the Ohio State Pharmacy Board (Board) hereby summarily suspends Anthony Gamm sOhio license as a pharmacist, consistent with Section 4729.16 o f the Ohio Revised Code.

JURISDICTION

1 Records of the Board of Pharmacy indicate that you were originally licensed in the State of Ohioon July 29, 1988, pursuant to examination, and are currently licensed to practice pharmacy inthe State of Ohio.

2. The Board has the authority to pursue a summary suspension of a pharmacist's license pursuantto Section 3719.121 and discipline of a pharmacist license pursuant to Section 4729.16 of theOhio Revised Code (O.R.C).

A L L E G AT I O N S A N D P O T E N T I A L V I O L AT I O N S O F L AW

1 Division 3719.121(C) of the O.R.C. states in pertinent part, the board...shall suspend thelicense...of [a licensee] on a plea of guilty to...or the person's conviction of an offense in anotherjurisdiction that is essentially the same as a felony drug abuse offense... You, Anthony Gamm,plead guilty to Count 1 Theft, a class D felony and Count 2 Possession of a Controlled Substance,a class D felony. You were sen tenced to 1 095 days in the Indiana Department of Correctionswith each count to run concurrently w ith 915 days suspended to formal probation withstipulations. You also entered the Hancock County Drug Court Prog ram for two yea rs and we reordered to make restitu tion to CVS Corporation in the amount of $12,496.00. S tate of Indiana v .

Anthony Gamm Cause No. 30D01-1408-FD-001389. As a resu lt of this guilty plea, the board isimmediately suspending your license pursuant to Section 3719.121(C) of the Revised Code.

This suspension shall remain in effect until the board holds an adjudicatory hearing under

Chapter 119. of the Revised Code.

2. Furthermore, you are addicted to the use of controlled substances in violation of Section3719.121(A) of the O.R.C. and/or there is clear and convincing evidence that continuation of

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your professional practice or method of prescribing or personally furnishing controlledsubstances presents a danger of immediate and serious harm to others as set forth in Section3719.121(B) of the O.R.C., to wit:

a. On your renewal application with the Board signed on September 10, 2014, youtruthfully answered in the affirmative to the question which inquired whether you have

ever been convicted of a felony or misdemeanor. Upon investigation and through yourwritten documentation, the Board became aware that you were indicted in HancockCounty, Indiana for theft and possession of controlled substances.

b. uring an interview with Board Agent Todd Knauss on March 10, 2015, you indicatedthat you are addicted to pain medications and are currently seeking treatment for youraddiction.

c. uch conduct as set forth in paragraphs 2a and 2b of this section, if proven, alsoconstitutes a violation of Section 4729.16 of the O.R.C., which allows the Board toconsider the following when imposing disciplinary action:

1 uilty of a felony or gross immorality, O.R.C. 4729.16(A)(1); and/orii. Guilty of dishonesty or unprofessional conduct in the practice of pharmacy,

O.R.C. 4729.16(A)(2); and/oriii. Addicted to or abusing liquor or drugs or impaired physically or mentally to such

a degree as to render the pharmacist unfit to practice pharmacy, O.R.C.4729.16(A)(3); and/or

iv. Guilty of willfully violating any of the provisions of this chapter, sections 3715.52to 3715.72 of the Revised Code, Chapter 2925. or 3719. of the Revised Code, orany rule adopted by the board under those provisions, O.R.C. 4729.16(A)(5).

d. uch conduct as set forth in paragraphs 2a and 2b of this section, if proven, alsoconstitutes a violation of Chapter 4729-5 of the Ohio Administrative Code (O.A.C.),

which allows the Board to consider as evidence of a person not meeting therequirements provided for licensure in the Revised Code:

i. Conviction of a felony, O.A.C. Rule 4729-5-04(A); and/orii. Conviction of violating any state or federal pharmacy or drug law, O.A.C. Rule

4729-5-04(B); and/oriii. Not being of good moral character and habits, O.A.C. Ru1e4729-5-04(C); and/oriv. Being addicted to or abusing liquor or drugs, O.A.C. Rule 4729-5-04(D).

3. dditionally, as a result of your criminal conviction in Indiana, you were indefinitely suspendedby the Indiana Board of Pharmacy and are not able to petition for reinstatement until you havehad a year of compliance with Indiana's stipulations and have paid a fine of 1,500. In theMatter of the License of Anthony Joseph Gamm, R.Ph., License No. 26021647A, Cause No. 20141BP 0076 (December 12, 2014).

a. uch conduct as set forth in paragraph 3 of this section, if proven, also constitutes aviolation of Chapter 4729-5 of the O.A.C., which allows the Board to consider asevidence of a person not meeting the requirements provided for licensure in theRevised Code, discipline by any professional licensing board, O.A.C. Rule 4729-5-04(F).

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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 30 days of the time of the mailing of this notice.

IF YOU DESIRE 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 30 T DAYFOLLOWING THE MAILING DATE OF THIS NOTICE. You may appear at such hearing in person by yourattorney or by such other representative as is permitted to practice before the agency or you maypresent your position arguments or contentions in writing; and at this hearing you may also presentevidence and examine any witnesses appearing for and against you.

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

prior to the 30 th day following the mailing of this notice the Ohio State Board of Pharmacy upon

consideration of the aforementioned allegations against you may take action without such a hearing.

BY ORDER OF THE S T TE B O RD OF P H RM C Y

Steven W. Schierholt Esq. Executive Director

SWS/rIc

RMRRR: RE 663 139 427 US

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