Devine, Ashley Hueyn, R.ph. (SS May 13)

7/30/2019 Devine, Ashley Hueyn, R.ph. (SS May 13)

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OHIO STATE BOARD OF PHARMACY77 South High Street, Room 1702; Columbus, OH 43215-6126

-Equal Opportunity Employer and Service Provider-TEL: 614/466-4143 E-MAIL: [email protected] FAX: 614/752-4836TTYITDD: Use the Ohio Relay Service: 1-800/750-0750 URL: http://www.pharmacy.ohio.gov

SUMMARY SUSPENSION ORDER/NOTICE OF OPPORTUNITY FOR HEARING

May 10, 2013

Ashley Huyen Devine, R.Ph.6 DELPHINIUM STREETLADERA RANCH, CA 92694

Dear Ms. Devine:

Re: Ohio Registered PharmacistNumber 03-3-24059

In accordance with Section 3719.121 (A) of the Ohio Revised Code, the Board has determinedthat you are addicted to the use of controlled substances. The reasons for the Board's actionare that you have committed any and/or all of the following acts:(1) Records of the Board of Pharmacy indicate that you were originally l icensed in the Stateof Ohio on July 19, 2000, pursuant to examination, and are currently licensed to practicepharmacy in the State of Ohio.(2) You are addicted to or abusing drugs or alcohol and/or impaired physically or mentallyto such a degree as to render you unfit to practice pharmacy, to wit : you have admittedthat you are addicted to the use of controlled substances. You have admitted tostealing drugs from your employer. Further, you have discipl ine pending by theCalifornia State Board of Pharmacy fo r Unprofessional Conduct, Violation of Drug Lawsand Violation of Pharmacy Law in connection with your knowing, repeated and voluntarydiversion of hundreds of tablets of hydrocodone/ibuprofen 7.5/200 mg. See CaliforniaBoard of Pharmacy Case No. 4256. likewise, you were criminally charged with UnlawfulPossession of Controlled Substances, Theft by Employee under $400.00 and Possessionof Controlled Substances Without a Prescription by the Santa Ana Police Department.You subsequently plead guilty to possession of controlled substances, a felony. See

Orange County Superior Court of California Case No. 11 CF2223. Such conduct indicatesthat you are within the ambit of Sections 3719.121 and/or 4729.16(A)(3) of the OhioRevised Code.YOU ARE HEREBY NOTIFIED that Section 3719.121 (A) of the Ohio Revised Code states, inpertinent part: "any ... pharmacist, ... who is or becomes addicted to the use of controlledsubstances, shall be suspended by the board that authorized the person's license, certificate,or registration ..."


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Ashley Huyen Devine, R.Ph.Page 2Summary Suspension

WHEREFORE, PURSUANT TO SECTION 3719.121(A) OF THE OHIO REVISED CODE, YOU AREHEREBY NOTIFIED THAT YOUR REGISTRATION AND LICENSE TO PRACTICE PHARMACY IN THESTATE OF OHIO IS HEREBY SUSPENDED. FURTHER, PURSUANT TO RULE 4729-9-01 (F) OF THEOHIO ADMINISTRATIVE CODE, DURING THIS TERM OF SUSPENSION YOU MAY NOT BEEMPLOYED BY ORWORK IN ANY FACILITY LICENSED BY THE BOARD OF PHARMACY TO POSSESSOR DISTRIBUTE DANGEROUS DRUGS. This suspension shall remain in effect until anadjudicatory hearing has been held pursuant to Chapter 119. of the Revised Code, and a f inalOrder has been issued, during which time you may not engage in the pract ice of pharmacy.YOU ARE FURTHER NOTIFIED that Section 4729.16 of the Ohio Revised Code states, inpertinent part:

(A) The State Board of Pharmacy, after not ice and hearing in accordance withChapter 119. of the Ohio Revised Code, may revoke, suspend, limit, place onprobation, or refuse to grant or renew an identification card under this chapter, ormay impose a monetary penalty or for fe iture not to exceed in severity any finedesignated under the Ohio Revised Code fo r a similar offense, or in the case of aviolation of a sect ion of the Ohio Revised Code that does not bear a penalty, amonetary penalty or forfeiture of no more than five hundred dol lars, if the Boardfinds a pharmacist or pharmacy intern:

(1) Guilty of a felony or gross immorality;(2) Guilty of dishonesty or unprofessional conduct in the practice ofpharmacy;(3) Addicted to or abusing l iquor or drugs or impaired physically or mentally

to such a degree as to render the pharmacist or pharmacy intern unfit to practicepharmacy;

(4) Has been convicted of a misdemeanor related to, or committed in, thepractice of pharmacy;(5) Guilty of willfully violating, conspiring to violate, attempting to violate, oraiding and abett ing the violation of any of the provisions of this chapter, sections

3715.52 to 3715.72 or Chapter 2925. or 3719. of the Revised Code;(6) Guilty of permitting anyone other than a pharmacist or pharmacy intern topractice pharmacy;(7) Guilty of knowingly lending the pharmacist's or pharmacy intern's name toan 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 practiceof pharmacy with any other individual, including, but not l imited to, any licensedhealth professional authorized to prescribe drugs or any owner, manager, oremployee of a health care facil ity, residential care facil ity, or nursing home;


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Ashley Huyen Devine, R.Ph.Page 3Summary Suspension

(9) Has violated the terms of a consult agreement entered into pursuant tosection 4729.39 of the Revised Code;(10) Has committed f raud, misrepresentation, or deception in applying fo r or

securing a license or identification card issued by the board under this chapter orunder Chapter 3715. or 3719. of the Revised Code.IF YOU REQUEST A HEARING within 30 days of the time of the mailing of this notice, such willbe afforded. Such request shall be mailed to the State Board of Pharmacy, 77 South HighStreet, Room 1702, Columbus, Ohio 43215-6126. You may appear at such hear ing in person,by your attorney, or by such other representative as is permitted to practice before theagency, or you may present your posit ion, arguments or contentions in writing; and, at thishearing, you may also present evidence and examine any witnesses appearing fo r and againstyou.YOU ARE FURTHER ADVISED that if you do not request such a hearing within thirty (30) days ofthe mailing of this notice, the State Board of Pharmacy, upon consideration of theaforementioned allegations against you, may take action without such a hearing.Division (B) of Section 4729.16 of the Revised Code provides in pertinent part that: "Anyindividual whose identification card is revoked, suspended, or refused, shall return hisidentification card and certificate of registration to the offices of the state board of pharmacywithin ten days after receipt of notice of such action." The certi fica te and identification cardshould be forwarded by certified mail, return receipt requested.

BY ORDER OFTHE STATE BOARD OF PHARMACY

KWPjbte (Case No.2012-1880)Registered Mail j Return ReceiptRE 946 606516 USc: Alan P. Schwepe, Assistant Attorney General

Devine, Ashley Hueyn, R.ph. (SS May 13)

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