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Steven W. Schierholt, Esq John R.

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Executive Director Governor

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BOARD OF PHARMACY Executive Dir.
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SUMMARY SUSPENSION/ NOTICE OF OPPORUNITY FOR HEARING
FOR TERMINAL DISTRIBUTOR OF DANGEROUS DRUGS LICENSE

IN THE MATTER OF: Case No. 2018-1169

Better Living Clinic Akron, LLC License No. 02-2771100


c/o Dr. Michael P. Tricaso
1660 Akron•Peninsula Road, Suite 101E
Akron, OH 44313

and

Better Living Clinic Akron, LLC


c/o Dr. Michael P. Tricaso
1236 Weathervane :_ane, Su.te 300
Akron, OH 44313

August 23, 2018

Dear Better Living Clinic Akron, LLC and Dr. Michael P. Tricaso:

You are hereby notified, in accordance with section 119.07 of the Revised Code, the State of Ohio Board of
Pharmacy (Board) hereby summarily suspends Better Living Clinic Akron, LLC's license as a terminal distributor
of dangerous drugs (TODD) under authority of section 4729.57 and 4729.571 of the Ohio Revised Code.

JURISDICTION

1. Pursuant to Section 4729.57 of the Ohio Revised Code (ORC) and the rules adopted thereunder, the Board
has the authority to suspend, revoke, or refuse to grant or renew any license issued pursuant to Sections
4729.54 and 4729.55 of the ORC to practice as a TDDD in the state of Ohio.

2. Additionally, Section 4729.571 of the ORC grants the Board the authority to suspend a TODD license
without a hearing.

3. Section 4729.57 of the ORC also grants the Board the authority to impose a monetary penalty or forfeiture
not to exceed in severity any fine designated under the Revised Code for a similar offense or $1,000.00 if
the acts committed have not been classified as an offense by the Revised Code.

4. Better Living Clinic Akron, LLC is licensed as a TODD with the Board of Pharmacy, license number 02-
2771100.

77 South High Street, 17th Floor, Columbus, Ohio 43215

T: (614) 466.4143 I F: (614) 752.4836 I contact@pharmacy.ohio.gov I www.pharmacy.ohio.gov


5. Records of the Board indicate that Dr. Michael P. Tricaso was the named responsible person at Better
Living Clinic Akron, LLC, 1660 Akron Peninsula Road, Suite 101, Akron, Ohio 44313, TDDD License
number 02-2771100, during the relevant timeframe.

ALLEGATIONS

1. On or about July 2, 2018, Responsible Person, Dr. Michael P. Tricaso, sold 50 Percocet and wrote a
prescription for 20 Percocet for $500.00 to a Drug Enforcement Administration (DEA) Confidential
informant.

). On or about July 18, 2018, Responsible Person, Dr. Michael P. Tricaso, sold 100 Percocet for $1,000.00 to
a Drug Enforcement Administration Confidential Informant.

3. On or about August 21, 2018, a search warrant was executed on Better Living Clinic Akron, LLC, 1236
Weathervane Lane, Suite 300, Akron, Ohio 44313.

4. On or about August 21, 2018, Responsible Person, Dr. Michael P. Tricaso, was served with a civil injunction
issued by the United States Department of Justice. The injunction removed Responsible Person, Dr.
Michael P. Tricaso's, ability to write prescriptions for controlled substances.

5. On or about August 21, 2018, Responsible Person, Dr. Michael P. Tricaso, voluntarily surrendered with
discipline pending the following rcenses/registrations: Medical license 34.007428 with the State of Ohio
Medical Board, and/or Drug Enforcement Administration Registration Number.

POTENTIAL VIOLATIONS OF LAW

1. Such conduct as set forth in paragraph (1) of the Allegations section, if proven, constitutes a violation of
section 2925 23 of the Ohio Revised Code, Illegal Processing of Drug Documents, the violation constituting
a felony of the fourth degree, punishable by a maximum penalty of $5,000.

2. Such conduct as set forth in paragraph (1) of the Allegations section, if proven, constitutes a violation of
section 2925.03 of the Ohio Revised Code, Trafficking in Drugs, each violation constituting a felony of
the fifth degree, punishable by a maximum penalty of $2,500.

3. Such conduct as set forth in paragraph (2) of the Allegations section, if proven, each constitutes a violation
of section 2925.03 of the Ohio Revised Code, Trafficking in Drugs, each violation constituting a felony of
the fourth degree, punishable by a maximum penalty of $5,000

4. Such conduct as set forth in the Allegations section, if proven, constitutes a violation of the following
Divisions of Section 4729.57 of the Ohio Rev sed Code, each violation being a minor misdemeanor, each
punishable by a maximum penalty of $1,000 if committed by an organization:

a. Volating any rule of the board, ORC 4729.57(8)(2); and/or

b. Violating any provision of chapter 4729., ORC 4729.57(B)(3); and/or


c. 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, ORC 4729.57(B)(4); and/or

d. Violating any provision of the federal drug abuse contro. laws or Chapter 2925. or 3719. of the
Revised Code, ORC 4729.57(6)(5); and/or

e. Ceasing to satisfy the qualifications of a terminal distributor of dangerous drugs set forth in
section 4729.55 of the Revised Code, ORC 4729.57(6)(7); and/or

f. Any other cause for which the board may impose discipline as set forth in rules adopted under
4729.26 of the Revised Code, ORC 4729.57(6)(10).

5. Such conduct as set forth in paragraphs (1) and (2) of the Allegations section, if proven, each constitutes
the following violations of Rule 4729-37-02 of the Ohio Administrative Code, each violation punishable
by a maximum penalty of up to $1,000.00, List of drugs to be reported to the drug database, OAC Rule
4729-37-02(A).

6. Such conduct as set forth 'n paragraphs (1) and (2) of the A'legations section, if proven, constitutes a
violation of Rule 4729-37-03(E) of the Ohio Administrative Code, entities required to submit information
to the drug database, punishable by a maximum fine of up to $1,000.00.

7. Such conduct as set forth in the Allegations sect ons, if proven, constitutes the following violations of
Rule 4729-9-19 of the Ohio Administrative Code, each punishable by a maximum fine of up to $1,000.00:

a. Commission of an act that constitutes a felony in this state, regardless of the jurisdiction .n
which the act was committed, OAC Rule 4729-9-19(A)(2); and/or

b. Not of good moral character and habits, OAC Rule 4729-9-19(A)(4); and/or

c. Has been disciplined by any processional licensing board, OAC Rule 4729-9-19(A)(7).

The Board finds that based upon the information set forth herein there is clear and convincing evidence that
the method used by Better Living Clinic Akron, LLC's for possessing or distributing controlled substances and/or
the method of prescribing dangerous drugs used by a licensed health professional authorized to prescribe drugs
who holds a TODD license or practices in the employ of or under contract with a TDDD presents a danger of
immediate and serious harm to others and immediately suspends Better Living Clinic Akron, LLC's TDDD license
No. 02-2771100 under authority of Section 4729.571 of the Revised Code.

WHEREFORE, PURSUANT TO SECTION 4729.571 OF THE OHIO REVISED CODE, YOU ARE HEREBY NOTIFIED THAT
BETTER LIVING CLINIC AKRON, LLC's LICENSE IS HEREBY SUSPENDED. DURING THIS TERM OF SUSPENSION
BETTER LIVING CLINIC AKRON, LLC MAY NOT ENGAGE IN ACTS PERMITTED OF A LICENSED TERMINAL
DISTRIBUTOR OF DANGEROUS DRUGS IN THE STATE OF OHIO. THIS SUSPENSION SHALL REMAIN IN EFFECT
UNTIL A FINAL ADJUDICATION ORDER BECOMES EFFECTIVE. PURSUANT TO 4729.57(D), BETTER LIVING CLINIC
AKRON, LLC MUST IMMEDIATELY SURRENDER LICENSE NUMBER 02-2771100 TO THE BOARD.
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 date of the mailing of this notice.

IF YOU DESIRE A HEARING, such request shall either be mailed to the State of Ohio Board of Pharmacy, Attn: Legal,
77 South High Street, 17'h Floor, Columbus, Ohio 43215-6126 or an e-mail request may be sent to
le.galgtpharmacy.ohio.gov (please note faxes will not be accepted). YOUR REQUEST MUST BE MUST BE
RECEIVED ON OR PRIOR TO THE 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. If you are a corporation, you must
be represented at the hearing by an attorney licensed to practice in the state of Ohio.

YOU ARE FURTHER ADVISED that if there is no request for such a hearing received by the Board on or prior to
the 3091 day following the mailing of this notice, the State of Ohio Board of Pharmacy, upon consideration of
the aforementioned allegations against you, may take action without such a hearing.

If you have questions regarding the Chapter 119. Administrative Hearing process, please e-mail your questions
to leKai@pharmacy.ohio.Rov or call the Board office at 614-466-4143 and ask for the legal department.

BY ORDER OF THE STATE BOARD OF PHARMACY

Steven W. Schierholt, Esq., Executive Director

CMRRR: 1660 Akron-Peninsula Road, Suite 101E, Akron, OH 44313 9414 7118 9956 0151 8301 76
1236 Weathervane Lane, Suite 300, Akron, OH 44313 — 9414 7118 9956 0151 8108 19

SWS/jak/pe
James Lindon Attorney, Ph.D.
35104 Saddle Creek
Avon, Ohio 44011-4907

Provided to you as a courtesy

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