OHIO STATE BOARD OF PHARMACY

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

-Equal Opportunity Employer and Service Provider-

TEL: 614/466-4143
E-MAIL: exec@bop.state.oh.us
FAX: 614/752-4836
TTY/TDD: Use the Ohio Relay Service: 1-800/750-0750
URL: http://www.pharmacy.ohio.gov

NOTICE OF OPPORTUNITY FOR HEARING

November 19, 2014

Healthwarehouse.com
c/o Jennifer Marie Trenkamp, R.Ph.
7107 Industrial Road
Florence, KY 41042
Re:

Ohio Terminal Distributor

License No. 02-1835150

Dear Ms. Trenkamp:

YOU AREHEREBY NOTIFIED-Mat; iriattordance- with the provisions of-Chapters 119. and 4-729.
of the Ohio Revised Code, the Ohio State Board of Pharmacy will determine whether or not to
take action against Healthwarehouse.com's license. Prior to any such action,
Healthwarehouse.com is entitled to a hearing before the State Board of Pharmacy on the basis
of the following allegations:
(1)

Records of the Board of Pharmacy indicate that Healthwarehouse.com is licensed with

the State Board of Pharmacy as a Terminal Distributor of Dangerous Drugs. Records
further reflect during the relevant time periods stated herein, Beth Rosenberger Mack,
R.Ph. from January 4, 2013 through July 24, 2013, Kip Ferguson from July 24, 2013
through June 17, 2014, and Douglas Sawyer, R.Ph. from June 17, 2014 through August 8,
2014 were the Responsible Pharmacists pursuant to Rule 4729-5-11 of the Ohio
Administrative Code and Sections 4729.27 and 4729.55 of the Ohio Revised Code.

(2)

Between on or around May 2013, through June 2014, HealthWarehouse.com illegally sold
dangerous drugs to Angel's Rest Animal Sanctuary in violation of Rule 4729-9-12 of the
Ohio Administrative Code and Section 4729.60 of the Ohio Revised Code, to wit: without
obtaining a copy of the current certificate of license as a terminal distributor from
Angel's Rest Animal Sanctuary, HealthWarehouse.com sold dangerous drugs, at
wholesale, to the company. Such conduct, if proven, constitutes violating a rule of the
board and/or violating a provision of Chapter 4729 of the Ohio Revised Code within the
meaning of Section 4729.57 of the Ohio Revised Code.

(3)

On or around May 14, 2013, HealthWarehouse.com illegally sold dangerous drugs to

Angel's Rest Animal Sanctuary, a terminal distributor with a category II license, in
violation of Section 4729.51(B)(3)(d) of the Ohio Revised Code, to wit:
Healthwarehouse.com Invoice No. 0567224-IN indicates that HealthWarehouse.com sold
the following dangerous drugs, at wholesale, to Angel's Rest Animal Sanctuary in the

Healthwarehouse.com
c/o Jennifer Marie Trenkamp, R.Ph.
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Notice of Opportunity

amount of $112.42 without said dangerous drugs being listed on the license addendum
for Angel's Rest Animal Sanctuary in accordance with Section 4729.60 of the Ohio
Revised Code:

Two bottles of ammonium lactate 1 2% lotion, 400 grams each.

One bottle of amoxicillin 250 mg, 100 count.
Two bottles of omeprazole dr 20 mg, 100 count.
Two tubes of clotrimazole/betamethasone 1-0.05%, 45 gram each.
One bottle of fluconazole 150 mg, blister pack 12X1.

Such conduct, if proven, constitutes violating a provision of Chapter 4729. of the Ohio
Revised Code within the meaning of Section 4729.57 of the Ohio Revised Code.
(4)

On or around May 21, 2013, HealthWarehouse.com illegally sold dangerous drugs to

Angel's Rest Animal Sanctuary, a terminal distributor with a category II license, in
violation of Section 4729.51(B)(3)(d) of the Ohio Revised Code, to wit:
Healthwarehouse.com Invoice No. 0567791-IN Healthwarehouse.com sold the following
dangerous drugs, at wholesale, to Angel's Rest Animal Sanctuary in the amount of
$245.89 without said dangerous drugs being listed on the license addendum for
Angel'sa Rest Animal Sanctuary in accordance with Section 4729.60 of the Ohio Revised
Code:

Three bottles of levetiracetam extended release 500 mg, 60 count.

One bottle of trazodone hydrochloride 50 mg, 1000 count.
Six bottle of venlafaxine hydrochloride extended release 75 mg, 90 count
One bottle of digoxin .25 mg, 1000 count.

Such conduct, if proven, constitutes violating a provision of Chapter 4729. of the Ohio
Revised Code within the meaning of Section 4729.57 of the Ohio Revised Code.
(5)

On or around June 25, 2013, HealthWarehouse.com illegally sold dangerous drugs to

Angel's Rest Animal Sanctuary, a terminal distributor with a category II license, in
violation of Section 4729.51(B)(3)(d) of the Ohio Revised Code, to wit:
Healthwarehouse.com Invoice No. 0571240-IN Healthwarehouse.com sold the following
dangerous drugs, at wholesale, to Angel's Rest Animal Sanctuary in the amount of
$213.85 without said dangerous drugs being listed on the license addendum for
Angel's Rest Animal Sanctuary in accordance with Section 4729.60 of the Ohio Revised
Code:

One bottle of amoxicillin 500 mg, 500 count.

Ten bottles of omeprazole DR 20 mg, 100 count.
Three bottles of levothyroxine 88 mcg, 100 count.
One bottle of doxycycline hydrochloride 20 mg, 100 count.

Such conduct, if proven, constitutes violating a provision of Chapter 4729. of the Ohio
Revised Code within the meaning of Section 4729.57 of the Ohio Revised Code.

Healthwarehouse.com
c/o Jennifer Marie Trenkamp, R.Ph.
Page 3
Notice of Opportunity

(6)

On or around October 18, 2013, HealthWarehouse.com illegally sold dangerous drugs

to Angel's Rest Animal Sanctuary, a terminal distributor with a category II license, in
violation of Section 4729.51(B)(3)(d) of the Ohio Revised Code, to wit:
Healthwarehouse.com Invoice No. 0644120-IN Healthwarehouse.com sold the following
dangerous drugs, at wholesale, to Angel's Rest Animal Sanctuary in the amount of
$184.92 without said dangerous drugs being listed on the license addendum for
Angel's Rest Animal Sanctuary in accordance with Section 4729.60 of the Ohio Revised
Code:

One bottle of nitrofurantoin micro 50 mg, 100 count.

One bottle of metoclopramide 5 mg, 100 count.
One bottle of metoclopramide 5mg/m125X2m1 vials.
Five bottles of omeprazole dr 20 mg, 100 count.

Such conduct, if proven, constitutes violating a provision of Chapter 4729. of the Ohio
Revised Code within the meaning of Section 4729.57 of the Ohio Revised Code.
(7)

On or around November 27, 2013, HealthWarehouse.com illegally sold dangerous

drugs to Angel's Rest Animal Sanctuary, a terminal distributor with a category II license,
in violation of Section 4729.51(B)(3)(d) of the Ohio Revised Code, to wit:
Healthwarehouse.com Invoice No. 0663059-IN Healthwarehouse.com sold the following
dangerous drugs, at wholesale, to Angel's Rest Animal Sanctuary in the amount of
$49.90 without said dangerous drugs being listed on the license addendum for Angel's
Rest Animal Sanctuary in accordance with Section 4729.60 of the Ohio Revised Code:

Five bottles of ofloxacin 0.3% opthomic solution, 10 ml

Five bottles of metoclopramide 10 mg, 100 count.

Such conduct, if proven, constitutes violating a provision of Chapter 4729. of the Ohio
Revised Code within the meaning of Section 4729.57 of the Ohio Revised Code.
For these reasons, the State Board of Pharmacy will determine whether to take action
pursuant to Section 4729.57 of the Ohio Revised Code.
YOU ARE HEREBY ADVISED that Section 4729.57 of the Ohio Revised Code provides in
pertinent part:
(A) The State Board of Pharmacy may suspend, revoke, or refuse to renew any license
issued to a terminal distributor of dangerous drugs pursuant to section 4729.54 of
the Revised Code, or may impose a monetary penalty or forfeiture not to exceed in
severity any fine designated under the Ohio Revised Code for a similar offense or one
thousand dollars if the acts committed have not been classified as an offense by the
Revised Code, for any of the following causes:
(1)

Making any false material statements in an application for a license

as a terminal distributor of dangerous drugs;

(2)

Violating any rule of the board;

Healthwarehouse.corn
c/o Jennifer Marie Trenkamp, R.Ph.
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Notice of Opportunity

(3)

Violating any provision of this chapter;

(4)

Violating any provision of the "Federal Food, Drug, and Cosmetic

Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, or Chapter 3715. of the
Revised Code;

(5)

Violating any provision of the federal drug abuse control laws or

Chapter 2925. or 3719. of the Revised Code;

(6)

Falsely or fraudulently promoting to the public a dangerous drug,

except that nothing in this division prohibits a terminal distributor of
dangerous drugs from furnishing information concerning a
dangerous drug to a health care provider or another licensed
terminal distributor;

(7)

Ceasing to satisfy the qualifications of a terminal distributor of

dangerous drugs set forth in Section 4729.55 of the Revised Code.

(8)

Except

provided in division (B) of this section:

(a)

Waiving the payment of all or any part of a deductible or

copayment that an individual, pursuant to a health insurance
or health care policy, contract, or plan that covers the
services provided by a terminal distributor of dangerous
drugs, would otherwise be required to pay for the services if
the waiver is used as an enticement to a patient or group of
patients to receive pharmacy services from that terminal
distributor;

(b)

Advertising that the terminal distributor will waive the

payment of all or any part of a deductible or copayment that
an individual, pursuant to a health insurance or health care
policy, contract, or plan that covers the pharmaceutical
services would otherwise be required to pay for the services.

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 such
license may not be reissued. "Revoke" is an action that is permanent against the license and
licensee. Ohio Administrative Code, 4729-9-01(E)

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 thirty (30) days of the time of the mailing of
this notice.

Healthwarehouse.com
c/o Jennifer Marie Trenkamp, R.Ph.
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Notice of Opportunity

IF YOUR FACILITY DESIRES 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 or with your attorney, or you may
present the facility's position, arguments or contentions in writing; and, at this hearing, you
may also present evidence and examine any witnesses appearing for and against the facility.
YOU ARE FURTHER ADVISED that if there is no request for such a hearing received by the
Board on or prior to the thirtieth (30th) day following the mailing of this notice, the Ohio State
Board of Pharmacy, upon consideration of the aforementioned allegations against your
facility, may take action without such a hearing.
BY ORDER OF THE STATE BOARD OF PHARMACY

W. Schierholt, Esq.
Steven W.
Executive Director

SWS/rlc (Case No. 2014-1602)

Registered Mail / Return Receipt
RE 663 139 064 US
c: Charissa D. Payer, Assistant Attorney General