OHIO STATE BOARD OF PHARMACY

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

-Equal Opportunity Employer and Service Provider-

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

NOTICE OF OPPORTUNITY FOR HEARING

November 19, 2014

Megan Lindsey Shipper, R.Ph.

1461 County Road 1575

Ashland, OH 44805

Re: Ohio Registered Pharmacist

License No. 03-2-27907

Dear Ms. Shipper:

YOU ARE HEREBY NOTIFIED that, in accordance with the provisions of Chapters 119. and 4729.
of the Ohio Revised Code, the Ohio State Boardof-PfiarThaty-Willdetermtne-whether- ornotto - -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 25, 2007, pursuant to examination, and are currently licensed to
practice pharmacy in the State of Ohio. Records further reflect that at the relevant time
period statement herein you were the Responsible Pharmacist at CVS #6167 pursuant to
Sections 4729.27 and 4729.55 of the Ohio Revised Code and Section 4729-5-11 of the
Ohio Administrative Code.

(2)

You did, on or about November 10, 2013 misbrand a drug, to wit: when you received a
prescription for oxycodone 20mg SR Tablets 20mg PO tab SR, Rx#1221588, you
dispensed oxycodone 20mg immediate release tablets, which had not been specifically
prescribed by the physician. The patient ingested sixty tablets and was subsequently
harmed when she suffered inadequate pain relief over the 12 hour dosage interval. Such
conduct is in violation of Section 371 5.52(A)(2) of the Ohio Revised Code, and if proven
constitutes unprofessional conduct in the practice of pharmacy and being guilty of
willfully violating, conspiring to violate, attempting to violate, or aiding and 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 Ohio Revised Code.

(3) You did, on or about November 10, 2013 prior to dispensing Rx# 1221588 fail to review
the patient profile in order to conduct prospective drug utilization review, to wit: you
failed to review the patient profile for over-utilization, incorrect drug dosage and
duration of drug treatment, and misuse. Specifically, you dispensed oxycodone 20mg
immediate release tablets, when oxycodone 20mg extended release (ER) tablets were
prescribed. Proper review of the patient profile would have demonstrated previous fills in

Megan Lindsey Shipper, R.Ph.

Page 2
Notice of Opportunity

September and October, 2013 of OxyContin ER 20mg or 30mg and oxycodone 5mg IR.
Such review should have alerted you as the dispensing pharmacist to the potential error
in dispensing both 20mg and 5mg immediate release tablets. Additionally, proper review
of drug dosage should have alerted you as the dispensing pharmacist to the potential
error, as OxyContin ER tablets are normally dosed twice a day, while typical dosing of
immediate release products is every 4 hours. Such conduct constitutes a violation or
Rule 4729-5-20 of the Ohio Administrative Code. Such conduct, if proven, constitutes
unprofessional conduct in the practice of pharmacy and being guilty of willfully violating,
conspiring to violate, attempting to violate, or aiding and 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 Ohio Revised Code within the
meaning of Section 4729.16 of the Ohio Revised Code.
(4)

You did, on or about November 10, 2013 fail to provide patient counseling, to wit: while
dispensing Rx# 1221588 you failed to document that patient counseling was offered or
refused. When questioned by a Specialist with the Ohio State Board of Pharmacy, you
were unable to provide documentation of the patient's or the patient's caregiver's refusal
of counseling and could not produce documentation with positive ID that patient
counseling had occurred. Such conduct, if proven, constitutes constitutes unprofessional
conduct in the practice of pharmacy and being guilty of willfully violating, conspiring to
violate, attempting to violate, or aiding and abetting the violation of a provision of
Chapter- 4729 or 3-715 of the-Ohio-Revised Code; or any rule adopted by the Board within
the meaning of Section 4729.16 of the Ohio Revised Code a violation of Rule 4729-5-22
of the Ohio Administrative 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 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 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;

Megan Lindsey Shipper, R.Ph.

Page 3
Notice of Opportunity

(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 3715.52 to 3715.72 of the Revised Code, Chapter 2925. or
3719. 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;
(7) Guilty of knowingly lending the pharmacist's or pharmacy intern's
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
nursing home;
(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 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 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 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.
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.

Megan Lindsey Shipper, R.Ph.

Page 4
Notice of Opportunity

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
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 you, may
take action without such a hearing.

BY ORDER OF THE STATE BOARD OF PHARMACY

Steven W. Schierholot, Executive Director

SWS/Ijp (Case No. 214-1261)

Receipt__
RE 946 607 984 US
c: Charissa D. Payer, Assistant Attorney General