Warren Recovery Group, Inc. v. Ohio Bd. of Pharmacy

CourtOhio Court of Appeals
DecidedJuly 13, 2026
Docket2025-T-0081
StatusPublished

This text of Warren Recovery Group, Inc. v. Ohio Bd. of Pharmacy (Warren Recovery Group, Inc. v. Ohio Bd. of Pharmacy) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Warren Recovery Group, Inc. v. Ohio Bd. of Pharmacy, (Ohio Ct. App. 2026).

Opinion

[Cite as Warren Recovery Group, Inc. v. Ohio Bd. of Pharmacy, 2026-Ohio-2663.]

IN THE COURT OF APPEALS OF OHIO ELEVENTH APPELLATE DISTRICT TRUMBULL COUNTY

WARREN RECOVERY GROUP, INC. CASE NO. 2025-T-0081 d.b.a SHAKER FAMILY RECOVERY,

Appellant, Administrative Appeal from the Court of Common Pleas - vs -

THE STATE OF OHIO, Trial Court No. 2025 CV 00427 OHIO BOARD OF PHARMACY,

Appellee.

OPINION AND JUDGMENT ENTRY

Decided: July 13, 2026 Judgment: Affirmed

Michael J. McGee and James R. LaPolla, Harrington, Hoppe & Mitchell, Ltd., 108 Main Avenue, S.W., Suite 500, Warren, OH 44481 (For Appellant).

Andy Wilson, Ohio Attorney General, State Office Tower, 30 East Broad Street, 16th Floor, Columbus, OH 43215, Henry G. Appel and Breeanna R. Wells, Assistant Attorney Generals, 30 East Broad Street, 26th Floor, Columbus, OH 43215 (For Appellee).

SCOTT LYNCH, J.

{¶1} Appellant, Warren Recovery Group, Inc., appeals the denial of its

administrative appeal in the Trumbull County Court of Common Pleas. Warren Recovery

Group is an outpatient mental health treatment facility located in Warren, Ohio, also

classified as an Office Based Opioid Treatment Program (OBOT). Warren Recovery

Group treats those with mental health and addiction disorders through medical

management. This appeal arose from the decision of defendant-appellee, the Ohio Board

of Pharmacy, to permanently revoke its Terminal Distributor of Dangerous Drugs (TDDD) license and impose a monetary penalty in the amount of $2,500.00. For the following

reasons, we affirm the decision of the court below.

Procedural and Substantive History

{¶2} On February 3, 2025, an administrative hearing to take disciplinary action

against Warren Recovery Group was held before the Board of Pharmacy. Agent Joseph

Sidoti and Compliance Specialist Rachel Tormasi testified on behalf of the Board. Dr.

Deborah Watson, Director of Behavioral Health and the Clinical Director, and D’Andre

Bowers, Chief Executive Officer, the Managing Director and the Coordinator of Care,

testified on behalf of Warren Recovery Group. The Board of Pharmacy summarized the

hearing testimony as follows:

{¶3} On or about May 8, 2023, Board of Pharmacy agents conducted an

inspection at Warren Recovery Group. At the time of the inspection, the clinic owner,

Bowers, was present. The Responsible Person, Dr. J.D. LaBash, was not present. The

agents noted multiple violations of the Ohio Revised and Administrative Codes.

{¶4} Warren Recovery Group was acting as a patient pick-up station for patient-

specific prescriptions. The staff stated that they stored patient-specific medications in

order to help patients who had transportation issues with picking up their prescriptions.

When medications were not picked up by patients, these were repackaged as “facility

inventory.”

{¶5} Warren Recovery Group’s drug stock or “inventory” was kept in a locked

cabinet to which Bowers and other staff, none of whom were licensed as prescribers or

pharmacists, had access. As there was no prescriber onsite during the inspection,

PAGE 2 OF 16

Case No. 2025-T-0081 Bowers himself provided the agents access to the drug stock using a passcode shared

with other staff.

{¶6} The cabinet contained several medications that had been repackaged as

“facility inventory,” including controlled substances and non-controlled dangerous drugs.

All but one of the medications were expired at the time of the inspection. The cabinet

contained other patient-specific medications dispensed through a local pharmacy.

{¶7} Warren Recovery Group did not complete an annual inventory of drug stock.

{¶8} One of Warren Recovery Group’s employees was missing an FBI/BCI

background check. Although Warren Recovery Group produced the criminal record

check following the inspection, it was not present onsite at the time of the inspection.

{¶9} The Board of Pharmacy commented on the foregoing violations as follows:

The practice violations found at the May 8, 2023 inspection were significant. Specifically, the inspection revealed medication vials that did not belong to the clinic, some of which held expired medications, that were labeled as “facility inventory.” Mr. Bowers told a Board agent that the vials were labeled so they could be re-dispensed to patients. Additionally, during his testimony, Mr. Bowers insisted that – despite the observations made by the Board agent and the plain letter of the law – his clinic was in fact in compliance with the Annual Inventory for Controlled Substances requirement because he conducted weekly drug counts.

{¶10} It was discovered and documented by Board of Pharmacy agents that the

TDDD license displayed in the lobby of the facility had been altered and was not the same

license issued by the Board. The license identified the Responsible Person as “D’Andre

Bowers, Managing Director.”

{¶11} The Board of Pharmacy commented:

Mr. Bowers testified that a staff member likely attached a copy of his signature to the TDDD license …, and it was not “incorrect” because he is the “responsible person” for Warren Recovery Group, Inc., even

PAGE 3 OF 16

Case No. 2025-T-0081 though he is not the “Responsible Person” – as the Board defines the term – for the TDDD license. The license specifically directs the Responsible Person to “[p]rint, sign, and keep this license in a readily retrievable location.” It defies logic that the Board would not intend that the “responsible person” as legally defined by the Board would be the individual responsible for signing the license. Additionally, when questioned about the TDDD license, Mr. Bowers testified that the license was not improperly signed, rather it was improperly read by the agent, further demonstrating a willingness [by Bowers] to reiterate falsehoods.

{¶12} On July 6, 2023, Board of Pharmacy agents interviewed Dr. LaBash, the

Responsible Person at Warren Recovery Group for the TDDD license. He told agents

that he works in addiction medicine, primarily telemedicine, although he tries to be

physically present at Warren Recovery Group at least once a month. Following the May

8, 2023 inspection, he no longer allows the delivery of patient-specific medications to

Warren Recovery Group.

{¶13} On July 24, 2023, Board of Pharmacy agents spoke with Bowers. He

represented to the agents that the medications identified during the inspection had been

destroyed on May 10, 2023, and that a medication destruction form had been completed

at a later date.

{¶14} On July 25, 2023, Dr. LaBash advised agents that he was not involved in

the destruction of any medications following the May 8, 2023 inspection.

{¶15} On August 1, 2023, Board of Pharmacy agents, including Sidoti, went to Dr.

LaBash’s residence and spoke with him. Dr. LaBash advised that sometime around July

28, 2023, Bowers had brought him several bottles of pills. He put the pills in his compost

bin to render them non-retrievable. When presented with the medication destruction form,

Dr. LaBash acknowledged that he had initialed portions of the form but denied that the

signature on the form was his.

PAGE 4 OF 16

Case No. 2025-T-0081 {¶16} Sidoti observed pills in the compost bin although their identity could not be

determined. The disposing of controlled substances and non-controlled dangerous drugs

in Dr. LaBash’s compost bin was improper. It was also improper for these substances to

have been transported to Dr.

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Warren Recovery Group, Inc. v. Ohio Bd. of Pharmacy, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warren-recovery-group-inc-v-ohio-bd-of-pharmacy-ohioctapp-2026.