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OHIO STATE BOARD OF PHARMACY

77 South High Street, Room 1702; Columbus, OH 43215-6126


-Equal Opportunity Employer and Ser ice Provtder

TEL: 614/366-4143 E-MAIL: exec@bop.state.oh.us FAX: 614fl52-4836 flWTDD: Use the Ohio Relay Service: 1-S001750-0750 LRL: http://www.pharmacyohio.gov

NOTICE OF OPPORTUNITY FOR HEARING December


&rvan Oenni Bowmanr-RP 4249 Westminster Way Mason, OH, 45040
5th,

201 2

Re:

Ohio Registered Pharmacist License No. 03-1-24786

Dear Mr. Bowman: YOU ARE HEREBY NOTIFIED that, in accordance with the provisions of Chapters 11 9. and 4729. of the Ohio Revised Code, the Ohio State Board of Pharmacy will determine whether or not to take action against your license. Prior to any such action, you are entitled to a hearing before the 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 the State of Ohio on July 23, 2001 pursuant to Examination, and are currently licensed to practice pharmacy in the State of Ohio. You did, on or around May 3, 2012, intentionally create and/or knowingly possess a false or forged prescription, to wit: you created a forged prescription for RX#61 1 6202 for 1 fluconazole 1 50mg tablet, a dangerous drug, without authorization from the patients physician, at Kroger Pharmacy #33 5. Such conduct is in violation of Section 2925.23(B)(1) of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality; guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/or guilty of willfully violating a provision of Chapter 2925. of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio Revised Code. You did, on or around May 3, 201 2, intentionally create and/or knowingly possess a false or forged prescription, to wit: you created a forged prescription for RX #611 6305 for 1 0 losartan-hydrochlorothiazide 50-1 2.5mg tablets, a dangerous drug, without authorization from the patients physician, at Kroger Pharmacy #335. Such conduct is in violation of Section 2925.23(B)(1) of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality: guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/or guilty of willfully violating a provision of Chapter 2925. of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio Revised Code.

(2)

(3)

Bryan Dennis Bowman, R.Ph. Page 2 Notice of Opportunity

(4)

You did, on or around May 3, 2012, intentionally create and/or knowingly possess a false or forged prescription, to wit: you created a forged prescription for RX #6116306 for 10 lansoprazole tablets, a dangerous drug, without authorization from the patients physician, at Kroger Pharmacy #335. Such conduct is in violation of Section 2925.23(B)(1) of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality; guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/or guilty of willfully violating a provision of Chapter 2925. of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio Revised Code.
You did, on or around April 14,2012, intentionally create and/or knowingly possess a false or forged prescription, to wit: you created a forged prescription for RX #6113035 for 60 valacyclovir HCI tablets, a dangerous drug, without authorization from the patients physician, at Kroger Pharmacy #335. Such conduct is in violation of Section 2925.23(B)(1) of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality; guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/or guilty of willfully violating a provision of Chapter 2925. of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio Revised Code.

(5)

(6)

You did, on or around March 1 3, 2011, intentionally create and/or knowingly possess a false or forged prescription, to wit: you created a forged prescription for RX #6050923 for 30 clonidine HCI 0.2mg tablets, a dangerous drug, without authorization from the patients physician, at Kroger Pharmacy #33 5. Such conduct is in violation of Section 2925.23(B)(1) of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality; guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/or guilty of willfully violating a provision of Chapter 2925. of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio Revised Code. You did, on or around April 1 2, 2011, intentionally create and/or knowingly possess a false or forged prescription, to wit: you created a forged prescription for RX #6055440 for 30 clonidine HCI 0.2mg tablets, a dangerous drug, without authorization from the patients physician, at Kroger Pharmacy #33 5. Such conduct is in violation of Section 2925.23(B)(1) of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality; guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/or guilty of willfully violating a provision of Chapter 2925. of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio Revised Code. You did, on or around February 6, 2010, intentionally create and/or knowingly possess a false or forged prescription, to wit: you created a forged prescription for RX #6849570 (the unauthorized refill from RX #6842805) for 50 prednisone 10mg tablets, a dangerous drug, without authorization from the patients physician, at Kroger Pharmacy #335. Such conduct is in violation of Section 2925.23(B)(1) of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality; guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/or guilty of willfully violating a provision of Chapter 2925. of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio Revised Code.

(7)

(8)

Bryan Dennis Bowman, R.Ph. Page 3 Notice of Opportunity

(9)

You did, on or around June 21, 2010, intentionally create and/or knowingly possess a false or forged prescription, to wit: you created a forged prescription for RX #6013910 (the unauthorized refill from RX #6840085) for 42 prednisone 20mg tablets, a dangerous drug, without authorization from the patients physician, at Kroger Pharmacy #335. Such conduct is in violation of Section 2925.23(B)(1) of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality; guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/or guilty of willfully violating a provision of Chapter 2925. of the Ohio RViS?{ Ci?hWithihthherihp nf cifri1 472 L6jLthflhio RVkd CidiJ

(1 0) You did, on or around July 6, 2010, intentionally create and/or knowingly possess a false or forged prescription, to wit: you created a forged prescription for RX #6013910 (the unauthorized refill from RX #6840085) for 42 prednisone 20mg tablets, a dangerous drug, without authorization from the patients physician, at Kroger Pharmacy #335. Such conduct is in violation of Section 292 5.23(B)(1) of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality; guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/or guilty of willfully violating a provision of Chapter 2925. of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio Revised Code. (11) You did, on or around August 19, 2010, intentionally create and/or knowingly possess a false or forged prescription, to wit: you created a forged prescription for RX #6021540 (the unauthorized refill from RX #6840085) for 42 prednisone 20mg tablets, a dangerous drug, without authorization from the patients physician, at Kroger Pharmacy #335. Such conduct is in violation of Section 2925.23(B)(1) of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality; guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/or guilty of willfully violating a provision of Chapter 2925. of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio Revised Code. (1 2) You did, on or around September 1, 201 0, intentionally create and/or knowingly possess a false or forged prescription, to wit: you created a forged prescription for RX #6023296 (the unauthorized refill from RX #6840085) for 42 prednisone 20mg tablets a dangerous drug, without authorization from the patients physician, at Kroger Pharmacy #335 Such conduct is in violation of Section 2925 23(B)(1) of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality; guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/or guilty of willfully violating a provision of Chapter 2925. of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio Revised Code. (13) You did, on or around September 16, 2010, intentionally create and/or knowingly possess a false or forged prescription, to wit: you created a forged prescription for RX #6023296 (the unauthorized refill from RX #6840085) for 42 prednisone 20mg tablets, a dangerous drug, without authorization from the patients physician, at Kroger Pharmacy #335. Such conduct is in violation of Section 2925.23(B)(1) of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality; guilty of dishonesty or unprofessional conduct in the practice of

Bryan Dennis Bowman, R.Ph. Page 4 Notice of Opportunity

pharmacy; and/or guilty of willfully violating a provision of Chapter 2925. of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio Revised Code. (1 4) You did, on or around September 29, 201 0, intentionally create and/or knowingly possess a false or forged prescription, to wit: you created a forged prescription for RX #6023296 (the unauthorized refill from RX #6840085) for 42 prednisone 20mg tablets, a dangerous drug, without authorization from the patients physician, at Kroger Pharmacy #335. Such conduct is in violation of Section 2925.23(B)(1) of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality; guilty of disiionesty or unprofe-ssional conduct in the practice pharmacy; and/or guilty of willfully violating a provision of Chapter 2925. of the Ohio Revised Code within the meaning of Section 4729.1 6 of the Ohio Revised Code. (1 5) You did, on or around October 27, 2010, intentionally create and/or knowingly possess a false or forged prescription, to wit: you created a forged prescription for RX #6023296 (the unauthorized refill from RX #6840085) for 42 prednisone 20mg tablets, a dangerous drug, without authorization from the patients physician, at Kroger Pharmacy #335. Such conduct is in violation of Section 2925.23(B)(1) of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality; guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/or guilty of willfully violating a provision of Chapter 2925. of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio Revised Code. (16) You did, on or around November 9, 2010, intentionally create and/or knowingly possess a false or forged prescription, to wit: you created a forged prescription for RX #6023296 (the unauthorized refill from RX #6840085) for 42 prednisone 20mg tablets, a dangerous drug, without authorization from the patients physician, at Kroger Pharmacy #335. Such conduct is in violation of Section 2925.23(B)(1) of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality; guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/or guilty of willfully violating a provision of Chapter 2925. of the Ohio Revised Code within the meaning of Section 4729.1 6 of the Ohio Revised Code.
(1 7) You did, on or around January 20, 2011, intentionally create and/or knowingly

possess a false or forged prescription, to wit: you created a forged prescription for RX #6043055 for 42 prednisone 20mg tablets, a dangerous drug, without authorization from the patients physician, at Kroger Pharmacy #33 5. Such conduct is in violation of Section 2925.23(B)(1) of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality; guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/or guilty of willfully violating a provision of Chapter 2925. of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio Revised Code. (1 8) You did, on or around February 3, 2011, intentionally create and/or knowingly possess a false or forged prescription, to wit: you created a forged prescription for RX #6043055 (refill of fraudulent called in prescription) for 42 prednisone 20mg tablets, a dangerous drug, without authorization from the patients physician, at Kroger Pharmacy #335. Such conduct is in violation of Section 2925.23(B)(1) of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross

______RvILCe

Bryan Dennis Bowman, R.Ph. Page 5 Notice of Opportunity

immorality; guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/or guilty of willfully violating a provision of Chapter 2925. of the Ohio Revised Code within the meaning of Section 4729.1 6 of the Ohio Revised Code. (1 9) You did, on or around May 24, 2010, intentionally create and/or knowingly possess a false or forged prescription, to wit: you created a forged prescription for RX #6061 423 (refill of fraudulent called in prescription) for 42 prednisone 20mg tablets, a dangerous drug, without authorization from the patients physician, at Kroger Pharmacy #335. Such conduct is in violation of Section 2925.23(B)(1) of the Ohio guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/or guilty of willfully violating a provision of Chapter 2925. of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio Revised Code. (20) You did, on or around June 9, 2011, intentionally create and/or knowingly possess a false or forged prescription, to wit: you created a forged prescription for RX #6061423 (refill of fraudulent called in prescription) for 42 prednisone 20mg tablets, a dangerous drug, without authorization from the patients physician, at Kroger Pharmacy #335. Such conduct is in violation of Section 2925.23(B)(1) of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality; guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/or guilty of willfully violating a provision of Chapter 2925. of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio Revised Code. (21) You did, on or around June 28, 2011, intentionally create and/or knowingly possess a false or forged prescription, to wit: you created a forged prescription for RX #6061 423 (refill of fraudulent called in prescription) for 42 prednisone 20mg tablets, a dangerous drug, without authorization from the patients physician, at Kroger Pharmacy #335. Such conduct is in violation of Section 2925.23(B)(1) of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality; guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/or guilty of willfully violating a provision of Chapter 2925. of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio Revised Code. (22) You did, on or around November 1 2, 2011, intentionally create and/or knowingly possess a false or forged prescription, to wit you created a forged prescription for RX #6086799 for 42 prednisone 20mg tablets, a dangerous drug, without authorization from the patients physician, at Kroger Pharmacy #335 Such conduct is in violation of Section 2925.23(B)(1) of the Ohio Revised Code, and if proven constitutes being guilty of a felony or gross immorality; guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/or guilty of willfully violating a provision of Chapter 2925. of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio Revised Code. (23) You did, on or around December 4, 2011, intentionally create and/or knowingly possess a false or forged prescription, to wit: you created a forged prescription for RX #6086799 for 42 prednisone 20mg tablets, a dangerous drug, without authorization from the patients physician, at Kroger Pharmacy #335. Such conduct is in violation of Section 2925.23(B)(1) of the Ohio Revised Code, and if proven

Bryan Dennis Bowman, R.Ph. Page 6 Notice of Opportunity

constitutes being guilty of a felony or gross immorality; guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/or guilty of willfully violating a provision of Chapter 2925. of the Ohio Revised Code within the meaning of Section 4729.16 of the Ohio Revised Code. (24) You did, on or around January 1 2, 2011, intentionally create and/or knowingly possess a false or forged prescription, to wit: you created a forged prescription for RX #6096508 for 42 prednisone 20mg tablets, a dangerous drug, without authorization from the patients physician, at Kroger Pharmacy #335. Such conduct constitutes being guilty of a felony or gross immorality; guilty of dishonesty or unprofessional conduct in the practice of pharmacy; and/or guilty of willfully violating a provision of Chapter 2925. of the Ohio Revised Code 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 action pursuant to Section 4729.16 of the Ohio Revised Code. YOU ARE HEREBY ADVISED that Section 4729.16 of the Ohio Revised Code states in pertinent part that: (A) The state board of pharmacy, after notice and hearing in accordance with Chapter 11 9. 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 penalty or forfeiture not to exceed in severity any fine designated under the Revised Code for a similar offense, or in the case of a violation of a section of the Revised Code that does not bear a penalty, a monetary penalty or forfeiture of not more than five hundred 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 of pharmacy: (3) Addicted to or abusing liquor or drugs or impaired physically or mentally to such a degree as to render the pharmacist or pharmacy intern unfit 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 to violate, or aiding and abetting the violation of any of the provisions of this chapter, sections 371 5.52 to 371 5.72 of the Revised Code, Chapter 2925. or 371 9. of the Revised Code, or any rule adopted by the board under those provisions; (6) Guilty of permitting anyone other than a pharmacist or pharmacy intern to practice pharmacy;

Bryan Dennis Bowman, R.Ph. Page 7 Notice of Opportunity

(7) Guilty of knowingly lending the pharmacists or pharmacy interns name 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 the practice 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, or (9) Has violated the terms of a consult agreement entered into pursuant to section 4729.39 of the Revised Code; (10) Has committed fraud, misrepresentation, or deception in applying for or securing a license or identification card issued by the board under this chapter or under Chapter 371 5. or 3719. of the Revised Code. (E) If, pursuant to an adjudication under Chapter 11 9. of the Revised Code, the board has reasonable cause to believe that a pharmacist or pharmacy intern is physically or 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 11 9. 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 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 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 representative as is permitted to practice before the agency, or you may present your position, arguments or contentions in writing; and, at this hearing, you may also present evidence 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 Oth) 3 Board on or prior to the thirtieth ( 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 STATE BOARD OF PHARMACY

Kyle W.

Bryan Dennis Bowman, R.Ph.


Page 8 Notice of Opportunity

Executive Director KWP/bte (D 120512-282) Registered Mail / Return Receipt RE 946 606 1 36 US Sean M. Culley, Assistant Attorney General

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