Steven W. Schierholt, Esq. John R.

Kasich
Executive Director Governor

STATE OF
BOARD OF PHARMACY

NOTICE OF OPPORTUNITY FOR HEARING

PROPOSAL TO DENY APPLICATION
FOR TERMINAL DISTRIBUTOR OF DANGEROUS DRUGS LICENSE

IN THE MATTER OF: Case No. 2017-2506

Medi-Mart Pharmacy PENDING License Nos. 020589200

c/o Curtis Bradley 022888050
902 4th Street -THIS IS A RED INK STAMP-
Portsmouth, OH 45662 I codify tie lobo a true and exact copy of
the original document on lb with the 66.
OM Board of Pharmacy.
October 9, 2018

Dear Medi-Mart Pharmacy and Mr. Curtis Bradley

-MUST (A) ZPIF
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HAVE BOARD 0 BE ICUL-
You are hereby notified, in accordance with the provisions of Section 119.07 of the Ohio Revised Code the State
of Ohio Board of Pharmacy (Board) proposes to deny your application(s) for license as a Terminal Distributor of
Dangerous Drugs (TDDD) under authority of Section 4729.57.

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 Section
4729.55 of the ORC to practice as a TDDD in the state of Ohio. Additionally, Section 4729.57 of the Revised
Code 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 if the acts committed have
not been classified as an offense by the ORC.

1. On or about August 18, 2019 (2017), Curtis Bradley signed as the Responsible Person on an application
for a TDDD License on behalf of Medi-Mart Pharmacy

ALLEGATIONS

1. On the application, submitted on or about August 18, 2019 (2017), you answered "No" to the question
inquiring whether Prime Pharmacy Group, Inc., dba Medi-Mart Pharmacy, owner(s), Responsible Person,
any agent or employee of the location being licensed, or any officer of the corporation has been the
subject of disciplinary action (or any pending action) by any state or federal agency; even if subsequently
dismissed or resolved without formal discipline. Upon further investigation by the Board, it was
discovered that answer was false.

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

 a. On or about May 17, 2011, following a Drug Enforcement Administration (DEA) raid, Medi-Mart
Pharmacy voluntarily surrendered its DEA Certificate of Registration, thus preventing the sale,
purchase and dispensing of all controlled substances.

b. On or about March 30, 2012, as a result of Medi-Mart voluntarily surrendering its DEA Certificate
of Registration, Medi-Mart's State of Ohio pharmacy license was subsequently downgraded to a
Category II from a Category III.

c. On or about August 4, 2004, Responsible Person Curtis Bradley was disciplined by the West
Virginia Board of Pharmacy. The discipline was the result of an "Error in Prescribing, Dispensing
or Administering Medication." Bradley dispensed Aricept tablets instead of Aciphex tablets, as
prescribed. Bradley was reprimanded and ordered by the West Virginia Board of Pharmacy to
pay a fine of $1,000.

d. On or about February 26, 2016, current owner and former Responsible Person at Medi-Mart,
Raymond Fankell permanently surrendered his Ohio-issued pharmacist license with discipline
pending.

2. On the application, submitted on or about August 18, 2019 (2017), you falsely answered "No" to the
question inquiring whether the responsible person or owner(s), or any agent or employee of the location
being licensed, or any officer of the corporation, have a record of arrest or charges pending or have a
conviction of a felony, misdemeanor, or traffic violation (even if expunged, dismissed or sealed) or the
equivalent in another jurisdiction.

a. On or about June 17, 2015, Raymond Fankell, a shareholder in Prime Pharmacy Group, Inc., was
indicted in the United States District Court, Southern District of Ohio, Western Division for one
count of Conspiracy to Commit the Unlawful Distribution of Controlled Substances, pursuant to
Title 21, United States Code, Section 846 and Title 21, United States Code, Sections 841 and one
count of Maintaining a Drug-Involved Premises, pursuant to Title 21, United States Code, Section
856.

3. On your application for a Category III Terminal Distributor of Dangerous Drugs signed August 18, 2019
(2017), you have Kathy Fankell and John Fankell listed as owners and/or officers of Prime Pharmacy
Group, Inc. dba Medi-Mart Pharmacy. Kathy Fankell and John Fankell are the wife and, respectfully, of
Raymond Fankell. Raymond Fankell surrendered his State of Ohio Board of Pharmacy license to practice
pharmacy in February, 2016

4. On or about August 10, 2017, a Certificate of Amendment for the Articles of Incorporation of Prime
Pharmacy Group, Inc. was filed with the signature of Raymond Fankell as the "Sole Shareholder." The
amendment changed the corporate structure from a "professional corporation" to a
general corporation to "allow the ownership of the Corporation by a non-pharmacist pursuant to R.C.
4729.27, occasioned by the disability and retirement of Raymond Fankell as the pharmacist/owner."

5. On or about August 10, 2018, you filed a Biennial Report with the State of Ohio Secretary of State's Office
for Prime Pharmacy Group, Inc., the parent company of Medi-Mart. Raymond Fankell and Kathy Fankell
are listed as shareholders of the corporation.

Medi-Mart Pharmacy Case No. 2017-2506 Page 2 of 5

 POTENTIAL VIOLATIONS OF LAW

1. Such conduct as set forth in paragraphs (1)(a), (b), (c), (d) and (2)(a) of the Allegations Section, if proven,
each constitutes a violation of each of the following divisions of Section 4729.57 of the ORC, each violation
punishable by a maximum penalty of $1,000:

a. Making any material false statements in an application for a license as a terminal distributor of
dangerous drugs, ORC Section 4729.57(B)(1); and/or

b. Violating any rule of the board, ORC Section 4729.57(6)(2); and/or

c. Violating any provision of this chapter, ORC Section 4729.57(6)(3).

2. Such conduct as set forth in paragraphs (1)(a), (b), (c), (d) and (2)(a) of the Allegations Section, if proven,
each constitutes a violation of the following sections of Rule 4729-9-19(A) of the OAC, each violation
punishable by a maximum penalty of $1,000:

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

b. Has been convicted of violating any state or federal pharmacy or drug law, OAC Rule 4729-9-
19(A)(3); and/or

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

d. Has been disciplined by the Ohio state board of pharmacy pursuant to section 4729.16 of the
Revised Code, OAC Rule 4729-9-19(A)(6); and/or

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

3. Such conduct as set forth the Allegations Section, if proven, each constitutes a violation of the following
sections of Section 4729.55 of the ORC, each punishable by a maximum penalty of $1,000; no license shall
be issued to an applicant for licensure as a terminal distributor of dangerous drugs unless the applicant
has furnished satisfactory proof to the state board of pharmacy that: awry

a. The applicant is equipped as to land, buildings, and equipment to properly carry on the business
of a terminal distributor of dangerous drugs within the category of licensure approved by the
board, ORC Section 4729.55(A); and/or

b. Adequate safeguards are assured to prevent the sale or other distribution of dangerous drugs by
any person other than a pharmacist or licensed health professional authorized to prescribe drugs;
ORC Section 4729.55(C); and/or

c. Adequate safeguards are assured that the applicant will carry on the business of a terminal
distributor of dangerous drugs in a manner that allows pharmacists and pharmacy interns

Medi-Mart Pharmacy Case No. 2017-2506 Page 3 of 5

 employed by the terminal distributor to practice pharmacy in a safe and effective manner, ORC
Section 4729.55(D).

4. Such conduct as set forth in paragraph (3) of the Allegations Section, if proven, constitutes a violation of
the following sections of Rule 4729-9-19(B)(1) of the OAC, the board may deny a license for a TDDD when
the ownership of such facility, or pharmacy previously located in such facility, has been transferred from
a licensee whose license has been revoked or disciplined by the state board of pharmacy or any other
professional licensing board to the spouse or other family member, each violation punishable by a
maximum penalty of $1,000.

5. Such conduct as set forth in the Allegations Section, if proven, constitutes a violation of the following
sections of Rule 4729-9-19(6)(3) of the OAC, each violation punishable by a maximum penalty of $1,000,
knowingly employing a person who:

a. Has been denied the right to work in such a facility by the state board of pharmacy as part of an
official order of the board, OAC Rule 4729-9-19(B)(3)(a); and/or

b. Has been convicted of a felony, OAC Rule 4729-9-19(B)(3)(c); and/or

c. Has committed an act that constitutes a felony in this state, regardless of the jurisdiction in which
the act was committed, OAC Rule 4729-9-19(B)(3)(d); and/or

d. Has been convicted of violating any state or federal pharmacy or drug law, OAC Rule 4729-9-
19(B)(3)(e); and/or

e. Is not of good moral character and habits, OAC Rule 4729-9-19(B)(3)(f); and/or

f. Has been disciplined by the Ohio state board of pharmacy pursuant to section 4729.16 of the
Revised Code, OAC Rule 4729-9-19(B)(3)(h); and/or

g. Has been disciplined by any professional licensing board, OAC Rule 4729-9-19(6)(3)(1).

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 State of Ohio 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' Floor, Columbus, Ohio 43215-6126 or an e-mail request may be sent to
legal@pharmacy.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. Please note that if
you submit a request via email, your request will be acknowledged within one business day of receipt. If you do
not receive an acknowledgment, please contact the Board offices at 614-466-4143 and request the legal
department. 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.

Medi-Mart Pharmacy Case No. 2017-2506 Page 4 of 5

YOU ARE FURTHER ADVISED that if there is no request for such a hearing received by the Board on or prior to
the 30th 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 legal@pharmacy.ohio.gov or call the Board office at 614-466-4143 and ask for the legal department.

BY ORDER OF THE STATE BOARD OF PHARMACY

j - .40a;r•
Steven W. Schierholt, Esq., Executive Director

SWS/jak/k11

CMRRR: 9414 7118 9956 0764 6927 72

Medi-Mart Pharmacy Case No. 2017-2506 Page 5 of 5

James Lindon Attorney, Ph.D.
35104 Saddle Creek
Avon, Ohio 44011-4907

Provided to you as a courtesy