charles hubertz brooks

8/10/2019 Charles Hubertz Brooks

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OHIO ST TE BO RD OF PH RM CY77 South High Street Room 1702; Columbus OH 43215-6126

-Equal Opportunity Employer and Service Provider-

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

NOTICE OF OPPORTUNITY FOR HEARING

November 19, 2014

Charles Hubertz Brooks R.Ph.977 Pike DriveMansfield, OH 44903

Re: Ohio Registered PharmacistLicense No. 03-3-14169

Dear Mr. Brooks:

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 in theState of Ohio on July 31, 1981, pursuant to examination, and are currently licensed to

practice pharmacy in the State of Ohio.

(2) You did, on or about January 8, 2014, misbrand a drug, to wit: when you received aprescription for oxycodone HCL 20mg SR tablets, Rx 1236535, you dispensedoxycodone HCL 20mg immediate release tablets, which had not been specificallyprescribed by the physician. The patient ingested the medication and was subsequentlyharmed when she suffered inadequate pain relief over the 12 hour dosage interval. Suchconduct is in violation of Section 371 5.52(A)(2) of the Ohio Revised Code, Such conduct,if proven constitutes unprofessional conduct in the practice of pharmacy and being guiltyof willfully violating, conspiring to violate, attempting to violate, or aiding and abettingthe violation of a provision of Chapter 4729 or 3715 of the Ohio Revised Code, or anyrule adopted by the Board within the meaning of Section 4729.16 of the Ohio Revised

Code.

(3) You did, on or about February 21, 2014, misbrand a drug, to wit: when you received aprescription for oxycodone (Oxycontin) HCL 30 mg SR tablets, RX 1247300, youdispensed oxycodone HCL 30mg tablets, which had not been specifically prescribed bythe physician. The patient ingested the medication and was subsequently harmed whenshe suffered inadequate pain relief over the 12 hour dosage interval. Such conductconstitutes a violation of Section 371 5.52(A)(2) of the Ohio Revised Code. Such conduct,if proven, constitutes unprofessional conduct in the practice of pharmacy and beingguilty of willfully violating, conspiring to violate, attempting to violate, or aiding and


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Charles Huberts Brooks R.Ph.Page 2Notice of Opportunity

abetting the violation of a provision of Chapter 4729 or 3715 of the Ohio Revised Code,or any rule adopted by the Board within the meaning of Section 4729.16 of the OhioRevised Code.

4) You did, on or about January 8, 2014, prior to dispensing Rx# 1236535 fail to review thepatient profile in order to conduct prospective drug utilization review, to wit: you failedto review the patient profile for over-utilization, incorrect drug dosage and duration ofdrug treatment, and misuse. Specifically, you dispensed oxycodone 20mg immediaterelease tablets, when oxycodone 20mg extended release (ER) tablets were prescribed.Proper review of the patient profile would have demonstrated previous fills in September,October, and December, 2013 of OxyContir ER 20mg or 30mg and oxycodone 5mg IR.Such review should have alerted you as the dispensing pharmacist to the potential errorin dispensing both 20mg and 5mg immediate release tablets. Additionally, proper reviewof drug dosage should have alerted you as the dispensing pharmacist to the potentialerror, as Oxycontin ER tablets are normally dosed twice a day, while typical dosing ofimmediate release products is every 4 hours. Such conduct, if proven, constitutes being

guilty of unprofessional conduct in the practice of pharmacy and being guilty of willfullyviolating, conspiring to violate, attempting to violate, or aiding and abetting a violationof a provision of Chapter 4729 or 3715 of the Ohio Revised Code, or any rule adopted bythe Board and constitutes a violation of Rule 4729-5-20 of the Ohio Administrative Code.within the meaning of Section 4729.16 of the Ohio Revised Code.

5) You did, on or about February 21, 2014, prior to dispensing Rx#1 247300 fail to reviewthe patient profile in order to conduct prospective drug utilization review, to wit: youfailed to review the patient profile for over-utilization, incorrect drug dosage andduration of drug treatment, and misuse. Specifically, you dispensed oxycodone 30mgimmediate release tablets, when oxycodone 30mg extended release (ER) tablets wereprescribed. Proper review of the patient profile would have demonstrated previous fills inSeptember, October, and December, 2013 of OxyContin ER 20mg or 30mg andoxycodone 5mg IR. Such review should have alerted the dispensing pharmacist to thepotential error in dispensing both 30mg and 5mg immediate release tablets.Additionally, proper review of drug dosage should have alerted you as the dispensingpharmacist to the potential error, as Oxycontin ER tablets are normally dosed twice aday, while typical dosing of immediate release products is every 4 hours. Such conduct,if proven, constitutes being guilty of unprofessional conduct in the practice of pharmacy

and being guilty of willfully violating, conspiring to violate, attempting to violate, oraiding and abetting a violation of a provision of Chapter 4729 or 3715 of the OhioRevised Code, or any rule adopted by the Board and constitutes a violation of Rule 4729-5-20 of the Ohio Administrative Code within the meaning of Section 4729.16 of the OhioRevised Code.

6) You did, on or about January 8, 2014, fail to provide patient counseling, to wit: whiledispensing Rx# 1236535 you failed to document that patient counseling was offered orrefused. When questioned by a Specialist with the Ohio State Board of Pharmacy, youwere unable to provide documentation of the patient's or the patient's caregiver's refusalof counseling and could not produce documentation with positive ID that patientcounseling had occurred. Such conduct, if proven, constitutes being guilty ofunprofessional conduct in the practice of pharmacy and being guilty of willfully violating,conspiring to violate, attempting to violate, or aiding and abetting a violation of a


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provision of Chapter 4729 or 3715 of the Ohio Revised Code, or any rule adopted by theBoard and a violation of Rule 4729-5-22 of the Ohio Administrative Code within themeaning of Section 4729.16 of the Ohio Revised Code.

(7) You did, on or about February 21, 2014, fail to provide patient counseling, to wit: whiledispensing Rx 1247300 you failed to document that patient counseling was offered orrefused. When questioned by a Specialist with the Ohio State Board of Pharmacy aboutthis, you were unable to provide documentation of the patient s or the patient scaregiver's refusal of counseling, and could not produce documentation with positive IDthat patient counseling had occurred. Additionally, on February 21, 2014, the patient'scaregiver stated to the technician that she was concerned the prescription was notproperly filled, but was not given the opportunity to speak with the pharmacist regardingher concerns. uch conduct, if proven, constitutes being guilty of unprofessionalconduct in the practice of pharmacy and being guilty of willfully violating, conspiring toviolate, attempting to violate, or aiding and abetting a violation of a provision of Chapter4729 or 3715 of the Ohio Revised Code, or any rule adopted by the Board and a violation

of Rule 4729-5-22 of the Ohio Administrative within the meaning of Section 4729.16 ofthe 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. or


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3719. of the Revised Code, or any rule adopted by the board under thoseprovisions;

6) Guilty of permitting anyone other than a pharmacist or pharmacy

intern to practice pharmacy;

7) Guilty of knowingly lending the pharmacist's or pharmacy intern'sname to an illegal practitioner of pharmacy or having professionalconnection 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;

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 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 suchlicense may not be reissued. Revoke is an action that is permanent against the license andlicensee. Ohio Administrative Code, 4729-9-01 E)

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.


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YOU ARE FURTHER ADVISED that if there is no request for such a hearing received by theBoard on or prior to the thirtieth 30 ) day following the mailing of this notice, the Ohio StateBoard of Pharmacy, upon consideration of the aforementioned allegations against you, maytake action without such a hearing.

BY ORDER OF THE STATE BOARD OF PHARMACY

Steven W. Schierholt, Executive Director

SWS/ljp Case No. 214-1261)

Registered Mail / Return ReceiptRE 946 607 975 US

c: Charissa D. Payer, Assistant Attorney General

charles hubertz brooks

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