beyer, john b., m.d. (pd gpmc)

7/30/2019 Beyer, John b., M.D. (Pd Gpmc)

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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: 6141752-4836TTY/TDD: Use the Ohio Relay Service: 1-800/750-0750 URL: http://www.pharmacy.ohio.gov

PROPOSAL TO DENY!NOTICE OFOPPORTUNITY FOR HEARING

Apr il 29, 2013John B.Beyer, M.D.C/O john B. Beyer, M.D.3974 Karl Rd.Columbus, OH 43224

Dear Mr. Beye r:

Re: Application for Registration as aTerminal Distributor of DangerousDrugs with a Pain ManagementClinic Classification

YOU ARE HEREBY NOTIFIED, in accordance with the provisions of Section 119.07 of theRevised Code, that your application for registration as a Terminal Distributor ofDangerous Drugs with a Pain Management Clinic Classif icat ion pursuant to Sections4729.54 and 4729.552 of the Revised Code has been proposed to be denied.The reason fo r th is proposal is that the Board has evidence which leads it to believethat you do not qualify fo r regist ration under Sections 4729.55 or 4729.552 of theRevised Code. Specifically, you have not furnished satisfactory proof to the Board thatyou meet the qualifications enumerated therein and pursuant to rule. The specificevidence in support of this action is as follows:(l) Records of the Board of Pharmacy indicate that on or about june 27, 2011, youwere the Responsible Person and Owner for john B. Beyer, M.D., 3974 Karl Rd.,Columbus, OH 43224, and that on june 27, 2011, john B. Beyer, M.D. appliedfo r reg ist rat ion as a Terminal Distributor of Dangerous Drugs with a PainManagement Clinic Classification.(2) The Owner and sole operator of the off ices of john B. Beyer, M.D. has failed to

furnish satisfactory proof to the Board that he shall be in control of the facil itythat is owned and operated solely by one or more physicians authorized underChapter 4731. of the Revised Code to practice medicine and surgery orosteopathic medicine and surgery. Specifically, on or around February 13, 2013Mr. Beyer permanently surrendered his certificate to practice medicine andsurgery in the State of Ohio, such surrender to become effective March 16, 2013.Such conduct is contrary to Sections 4729.55 and 4729.552 of the Ohio RevisedCode, effective May 20,2011, and Emergency Rule 4731-29-01 and Rule 4729-919 of the Ohio Administrative Code.


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John B.Beyer, M.D.c/o John B. Beyer, M.D.Page 2Notice of Opportunity

YOU ARE HEREBY ADVISED that Section 4729.55 of the Ohio Revised Code provides inpertinent part that:No license shall be issued to an applicant fo r licensure as a terminaldistributor of dangerous drugs unless the applicant has furnishedsatisfactory proof to the board o f pharmacy that:

(A) The applicant is equipped as to land, bui ld ings, and equipment toproperly carryon the business of a terminal distributor of dangerous drugsw it hi n t he category o f l icensure approved by the board.

(B) A pharmacist, licensed health professional authorized to prescribedrugs, animal shelter licensed with the state board of pharmacy undersection 4729.531 of the Revised Code, or a laboratory as defined in section3719.01 of the Revised Code wi ll mainta in supervision and contro l over thepossession and custody of dangerous drugs that may be acquired by or onbehalf of the applicant.

(C) Adequate safeguards are assured to prevent the sale or otherdistribution of dangerous drugs by any person other than a pharmacist orlicensed health professional authorized to prescribe drugs.

(D) Adequate safeguards are assured that the applicant wil l carry on thebusiness o f a terminal distributor o f dangerous drugs in a manner that allowspharmacists and pharmacy interns employed by the terminal distributor topract ice pharmacy in a safe and effective manner.

(E) If the applicant, or any agent or employee of the applicant, has beenfound guilty of violating section 4729.51 of the Revised Code, the "FederalFood, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.c.A. 301, thefederal drug abuse control laws, Chapter 2925., 3715., 3719., or 4729. ofthe Revised Code, or any rule o f th e board, adequate safeguards are assuredto prevent the recurrence of the violation.

U) In the case o f an applicant wh o is a pain management clinic, theapplicant meets the requirements to receive a license with a painmanagement c linic classi fication issued under section 4729.552 of theRevised Code.


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John B. Beyer, M.D.c /o John B. Beyer, M.D.Page 3Notice of Opportunity

YOU ARE FURTHER ADVISED that Section 4729.552 o f the Ohio Revised Code providesin pertinent part that:

(A) To be el igible to receive a license as a category III terminal distributorof dangerous drugs with a pain management clinic classification, anapplicant shall submit evidence satisfactory to the board that the applicant'spain management clinic wil l be operated in accordance with the requirementsspecified in division (B) of this section and that the applicant meets any otherapplicable requirements under this chapter or Chapter 3719. of the RevisedCode.

(B) The holder o f a terminal distributor license with a pain managementclinic classification shall do all of the following:(l) Be in control of a facil ity that is owned and operated solely by one ormore physicians author ized under Chapter 4731. of the Revised Code topractice medicine and surgery or osteopathic medicine and surgery;(2) Ensure that any person employed by the facility complies with therequirements fo r th e operation of a pain management clinic establ ished bythe state medical board in rules adopted under section 4731.054 of theRevised Code;(3) Require any person with ownership o f the facil ity to submit to acriminal records check in accordance with section 4776.02 of the RevisedCode and send the results of the criminal records check directly to the stateboard o f pharmacy fo r review and decision under section 4729.071 of theRevised Code;(4) Require all employees of the facility to submit to a criminal recordscheck in accordance with section 4776.02 o f the Revised Code and ensure

that no person is employed who has previously been convicted of, or pleadedgUilty t o, e it he r of the following:(a) A theft offense, described in division (K)(3) of section 2913.01 of theRevised Code, that would constitute a felony under the laws of this state, any

other state, or the United States;(b) A felony drug abuse offense, as defined in section 2925.01 of theRevised Code.


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John B. Beyer, M.D.c/o John B. Beyer, M.D.Page4Notice of Opportunity

(5) Maintain a l is t of each person with ownership of the facil ity and notifythe state board of pharmacy of any change to that list.FURTHER, Rule 4729-9-19 of the Ohio Administrative Code states:

(A) The state board of pharmacy may consider as evidence of a person notmeeting the requirements provided in sections 4729.53 and 4729.55 ofthe Revised Code, and may deny a person registration as a wholesaledistributor of dangerous drugs or licensure as a terminal distributor ofdangerous drugs in Ohio if such person:(1) Has been convicted of a felony;(2) Has been convicted of violating any state or federal pharmacy ordrug law;(3) Is not of good moral character and habits;(4) Is addicted to or abusing liquor or drugs;(5) Has been disciplined by the Ohio state board of pharmacy pursuantto section 4729.16 of the Revised Code; or(6) Has been disciplined by any professional licensing board.

FURTHER, the State Medical Board of Ohio has set forth the fo llowinq standards byEmergency Rule in Rule 4731-29-01 of the Ohio Administrative Code:

(A) ...(B) In the operation of a pain management clinic, the followlnqrequirements shall be met:

(1) The pain management cl inic shall be owned and operated by oneor more physicians. Each physician owner of a pain managementclinic shall complete at least twenty hours of category I continuingmedical education in pain medicine every two years. The coursescompleted in compliance with this rule shall be accepted towardmeeting the category I requirement for certificate of registrationrenewal for the physician.(2) Except as provided in paragraph (B)(3) of this rule, the physicianowner of a pain management clinic must meet one of the followingrequirements:


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John B. Beyer, M.D.c/o John B. Beyer, M.D.Page 5Notice of Opportunity

(a) Hold current subspecialty certification in pain managementby the American board of medical specialties, or hold acurrent certificate of added qualification in pain managementby the American osteopathic association bureau ofosteopathic specialists; or(b) Hold current subspecialty certification in hospice andpalliative medicine by the American board of medicalspecialt ies, or hold a current certificate of added qualificationin hospice and palliative medicine by the Americanosteopathic association bureau of osteopathic specialists; or(c) Hold current board certi fication by the American board ofpain medicine; or(d) Hold current board certi fication by the American board ofinterventional pain physicians.

(3) A physician who applies fo r a category III terminal distributor ofdangerous drugs with a pain management clinic classif ication under4729.552 of the Revised Code by June 20, 2011 may own a painmanagement clinic if the medical board determines that all of thefollowing criteria are met:

(a) Meet one of the following requirements:(i) An internship or residency program that wouldsatisfy post-graduate training requirements for boardcertification in anesthesiology, psychiatry, neurology,physical medicine and rehabilitation, occupationalmedicine, or rheumatology conducted in the UnitedStates and accredited by either the accreditationcouncil fo r graduate medical education of the Americanmedical association or the American osteopathicassociation; or(ll) A clinical fellowship program that would satisfypost-graduate training requirements for boardcertification in anesthesiology, psychiatry, neurology,physical medicine and rehabilitation, occupationalmedicine, or rheumatology, conducted in the UnitedStates at an ins ti tution with a residency programaccredited by either the accreditation council forgraduate medical education of the American medicalassociation or the American osteopathic association


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that is in a clinical field the same as or related to theclinical field of the fellowship program; or(iii) An internship program that would satisfy postgraduate training requirements for board certificationin anesthesiology, psychiatry, neurology, physicalmedicine and rehabilitation, occupational medicine, orrheumatology, conducted in Canada and accredited bythe committee on accreditation of preregistrationphysician tra in ing programs of the federation ofprovincial medical licensing authorities of Canada; or(iv) A residency program that would satisfy postgraduate training requirements for board certificationin anesthesiology, psychiatry, neurology, physicalmedicine and rehabil itation, occupational medicine, orrheumatology, conducted in Canada and accredited byeither the royal college of physicians and surgeons ofCanada or the college of family physicians of Canada;or(v) The provision of at least three years of full-timeclinical services, within the last three years, in painmedicine, pain management, hospice and palliativemedicine, addiction psychiatry, physical medicine andrehabilitation, occupational medicine, or rheumatology;or(vi) At least three years of continuous service as aclinical professor or assistant clinical professor, withinthe last three years, in pain medicine, painmanagement, hospice and palliative medicine,addiction psychiatry, physical medicine andrehabilitation, occupational medicine, or rheumatologyat a medical school accredited by the liaison committeeon medical education or the American osteopathicassociation.

(b) The physician's practice complies with the minimalstandards of care.(i) The physician shall provide a copy of the applicationfo r a category III terminal distributor of dangerousdrugs with a pain management clinic classificationunder section 4729.552 of the Revised Code to themedical board.


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(il) The copy of the application shall serve as acomplaint which shall authorize the medical board toinvestigate the physician's practice pursuant to section4731.22(F) of the Revised Code.(4) The pain management clinic shall be licensed as a category IIIterminal distributor of dangerous drugs with a pain managementclinic classification under section 4729.552 of the Revised Code.(5) The pain management clinic shall be operated in compliance withthe drug prevention and control act, 21 U.s.c. 801 et. seq., andchapters 3719., 4729., 4730., and 4731. of the Revised Code.(6) The pain management clinic shall have proper equipment,materials, and personnel on premises to provide appropriate medicaltreatment, as required by the minimal standards of care.

(C) No physician owner of a pain management clinic, employee of the clinic,person with whom the clinic contracts for services shall:(1) Have ever been denied a license to prescribe, dispense,administer, supply, or sell a controlled substance by the drugenforcement administration or appropriate issuing body of any stateor jurisdiction, based, in whole or in part, on the prescriber'sinappropriate prescribing, dispensing, administering, supplying orselling a controlled substance.(2) Have held a license issued by the drug enforcementadministrat ion or a state licensing agency in any jurisdiction, underwhich the person may prescribe, dispense, administer, supply, or sella controlled substance, that has ever been restricted, based, inwhole or in part, on the prescriber's inappropriate prescribing,dispensing, administering, supplying, or selling a controlledsubstance.(3) Have been subject to discipl inary action by any licensing entitythat was based, in whole or in part, on the prescribers inappropr iateprescribing, dispensing, diverting, administering, supplying, orselling a controlled substance.

The aforementioned rule, herein referred to as the "Medical Board's EmergencyRule," has been superseded by the following, Rule 4731-29-01 of the OhioAdministrative Code, set forth in pertinent part:


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(A) . . .(B) In the operation of a pain management clinic, the fol lowing requirementsshall be met:

(1) The pain management clinic shall be owned and operated by one ormore physicians. Each physician owner of a pain management clinic shallcomplete at least twenty hours of category I continuing medical educationin pain medicine every two years, to include one or more coursesaddressing the potential for addiction. The courses completed incompliance with this rule shall be accepted toward meeting the category Irequirement for certificate of registration renewal for the physician.(2) Each physician owner of a pain management clinic must meet one ofthe following requirements:

(a) Hold current subspecialty certi fication in pain management bythe American board of medical specialties, or hold a currentcertificate of added qualification in pain management by theAmerican osteopathic association bureau of osteopathicspecialists; or(b) Hold current subspecialty certification in hospice and palliat ivemedicine by the American board of medical specialties, or hold acurrent certificate of added quali fication in hospice and pal liativemedicine by the American osteopathic association bureau ofosteopathic specialists; or(c) Hold current board certification by the American board of painmedicine; or(d) Hold current board certification by the American board ofinterventional pain physicians; or(e) Meet both of the following:

(i) Hold current board certification in anesthesiology,psychiatry, neurology, physical medicine and rehabilitation,occupational medicine, or rheumatology by the Americanboard of medical specialties or hold current primarycertification in anesthesiology, psychiatry, neurology,physical medicine and rehabilitation, occupational medicine,


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John B.Beyer, M.D.c/o John B. Beyer, M.D.Page 9Notice of Opportunity

or rheumatology by the American osteopathic associationbureau of osteopathic specialists.(ii) Demonstrate conformance with the minimal standards ofcare.

(D) No physician owner of a pain management clinic, employee of the clinic, orperson with whom the clinic contracts for services shall:(l) Have ever been denied a license to prescribe, dispense, administer,supply, or sell a controlled substance by the drug enforcementadministration or appropriate issuing body of any state or jurisdiction,based, in whole or in part, on the prescriber's inappropriate prescribing,dispensing, administering, supplying or sell ing a control led substance orother dangerous drug.(2) Have held a license issued by the drug enforcement administration ora state licensing agency in any jurisdiction, under which the person mayprescribe, dispense, administer, supply or sell a control led substance,that has ever been restricted, based, in whole or in part, on theprescriber's inappropriate prescribing, dispensing, administering,supplying, or selling a controlled substance or other dangerous drug.(3) Have been subject to discipl inary act ion by any licensing ent ity thatwas based, in whole or in part, on the prescribers inappropriateprescribing, dispensing, diverting, administering, supplying or selling acontrolled substance or other dangerous drug.

YOU ARE FURTHER NOTIFIED, in accordance with the provisions of Chapters 119. and4729. of the Ohio Revised Code, that you are entitled to a hearing before the OhioState Board of Pharmacy, if you request such a hearing within thirty (30) days of thetime of the mailing of this notice.IF YOU DESIRE A HEARING, such request shall be mailed to the State Board ofPharmacy, 77 South High Street, Room 1702, Columbus, Ohio 43215-6126. YOURREQUEST MUST BE IN WRITING, AND MUST BE RECEIVED IN THE OFFICE OF THE OHIOSTATE BOARD OF PHARMACY ON OR PRIOR TO THE THIRTIETH (30 TH) DAY FOLLOWINGTHE MAILING DATE OF THIS NOTICE. You may appear at such hearing in person, byyour attorney, or by such other representative as is permitted to practice before theagency, or you may present your position, arguments or contentions in writing; and, atthis hearing, you may also present evidence and examine any witnesses appearing fo rand against you.


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YOU ARE FURTHER ADVISED that if there is no request fo r such a hearing received bythe Board on or prior to the thirtieth (30 th) day following the mailing of this notice, theOhio State Board of Pharmacy, upon consideration of the aforementioned allegationsagainst you, may take action without such a hearing.

BY ORDER OFTHE STATE BOARD OF PHARMACY

KWP/bte (eN 2012-1509 )Registered Mail/Return ReceiptRE 946 606 459 USc: Alan P. Schwepe, Assistant Attorney General

beyer, john b., m.d. (pd gpmc)

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