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At its July 2024 meeting, the State of Ohio Board of Pharmacy conducted a batch review of 70 pending disciplinary cases. In some instances, these cases involved allegations of rule violations that occurred more than four years ago. In each case, the Board had issued a Notice of Opportunity for Hearing letter to the licensee / applicant, but the Board did not receive a timely hearing request from the licensee / applicant.

Generally, the Board handles these types of cases by holding a non-adversarial evidentiary hearing on the record. In Ohio administrative law, those proceeding are commonly referred to as “Goldman” hearings, based on the Ohio Supreme Court case that clarified the minimal requirements of a valid disciplinary action by most state agencies when the licensee / applicant does not timely request a hearing in response to issuance of Notice of Opportunity for Hearing. [Goldman v. State Medical Bd., 110 Ohio App. 3d 124]. While the Board has had the statutory authority, under Ohio Revised Code 4729.16(F), to adopt a final order without holding a Goldman style hearing, the Board only employs this this procedural mechanism once a year and its validity has not yet been subject to judicial review.

The Board’s July 2024 review of the 70 pending cases was unusual, because Board addressed the allegations and the appropriate Board response sanction in each case (which ranged from dismissal to permanent revocation) off the record during its Executive Session. Any person or company holding a license from the Board should understand that the Board’s disciplinary process, including its use of Ohio Revised Code 4729.16(F) to avoid the “Goldman” hearing process, to determine whether additional court review through a timely filed appeal is needed to defend licensee / applicant’s ability to work or operate under the license.  Those negatively impacted by the outcome of the 70 cases who want to preserve their right to appeal the Board’s Order in their matter, will only have 15 days from the date of issuance of Order to file a properly worded notice of appeal with the Board and with the proper court.

Graff & McGovern LPA, always encourages licensees / applicants to take appropriate steps to protect themselves. Those steps include verifying that the Board has their valid mailing and email addresses on file, always filing a timely hearing request upon receipt of a Notice of Opportunity for Hearing, and securing qualified legal counsel to defend their interests when dealing with a licensing board.

If you hold a license from the Pharmacy Board and have a concern about pending or potential discipline,  you should consider contacting the attorneys at Graff & McGovern, LPA. Our attorneys have decades of experience representing licensed professionals, including representation of Pharmacists, Technicians, Terminal Distributors, Pharmacies and Wholesalers.  Attorney Levi Tkach can be reached at levi@grafflaw.com.