Newsletter
www.tsbp.state.tx.us
PRESIDENT’S COLUMN by Jeanne D. Waggener, R.Ph. INVENTORY REQUIREMENTS - Q & A At its November 2012 meeting, the Texas State Board of Pharmacy (TSBP) amended the requirements for inventories taken by pharmacies. The Board has been receiving numerous questions about the changes to the inventory requirements. This column will address those questions and answers. Q: What inventories must now include Tramadol (Ultram)? A: Tramadol must be included in all inventories taken after January 1, 2013. These inventories are any: initial (opening) inventory annual inventory change of ownersihp inventory closing inventory change of PIC inventory Q: Is tramadol now a controlled substance? A: No, currently, tramadol is a dangerous drug. However, TSBP is seeing abuse and thefts of tramadol from pharmacies. Q: How often may a prescription issued for tramadol be refilled? A: Refills for tramadol may be dispensed only in accordance with the prescriber’s authorization as indicated on the original prescription drug order. If there are no refill instructions on the original prescription drug order (which shall be interpreted as no refills authorized) or if all refills authorized on the original prescription drug order have been dispensed, authorization from the prescribing practitioner shall be obtained prior to dispensing any additional tramadol. Prescription drug orders for dangerous drugs (including tramadol) or nonprescription drugs may not be refilled after one year from the date of issuance of the original prescription drug order. If one year has expired from the date of issuance of the original prescription drug order, authorization must be obtained from the prescribing practitioner prior to dispensing any additional quantities.
Inside
Q: Are invoices for tramadol required to be filed with other invoices for controlled substance?
WINTER 2013
A: No. Invoices for tramadol should be filed with the invoices for dangerous drugs. Q: What drugs are required to be inventoried for a change of PIC inventory? A: A change of PIC inventory taken prior to June 1, 2013, must include the following: all Schedule II controlled substances; all dosage forms containing pentazocine; all dosage forms containing phentermine; all dosage forms containing diazepam; all dosage forms containing phendimetrazine; all dosage forms containing codeine; all dosage forms containing hydrocodone; all dosage forms containing alprazolam; all dosage forms containing triazolam; all dosage forms containing butorphanol; all dosage forms containing nalbuphine; all dosage forms containing carisoprodol; and all dosage forms containing tramadol.
On or after June 1, 2013, a change of pharmacist-in-charge inventory must include ALL controlled substances; all dosage forms containing nalbuphine (e.g., Nubain); and all dosage forms containing tramadol (e.g., Ultram).
2013 Texas State Board of Pharmacy Continuing Education Webcast Schedule Are you a new pharmacist-in-charge (PIC) or just need a refresher on the requirements and responsibilities as PIC? The Texas State Board of Pharmacy (TSBP) is hosting free one-hour webcasts for individuals interested in learning about the responsibilities of the PIC, primarily in community pharmacy settings. These programs will cover the same information; please only register for one session. One-hour of TSBP approved continuing education is available for individuals attending the webcast. Registration space is limited. Register at www.tsbp.state.tx.us/ce_program.htm or by clicking on the day and time below that you want to attend: April 11, 2013 10:00 a.m. July 16, 2013 10:00 a.m. October 10, 2013 10:00 a.m. After registering you will receive a confirmation email containing information about joining the training.
Disciplinary Actions ............................................................................................................................ p. 2 Complaint Corner ............................................................................................................................... p. 4 Compliance Reminders ...................................................................................................................... p. 9
DISCIPLINARY
ACTIONS
AGREED BOARD ORDERS
June - August 2012 After the Board obtains evidence of alleged violations, a licensee is sent a preliminary notice letter of the Board’s intent to institute disciplinary action. The licensee then has an opportunity to show compliance with the law in an informal conference with the Board staff (Executive Director/Secretary, Board Legal Counsel, and other staff at the discretion of the Executive Director and Board Legal Counsel). If the licensee cannot show compliance with the law and desires to dispose of any pending allegations, the licensee may consent to the entry of an “Agreed Board Order.” The licensee must agree to the terms of the order and the order must be approved by the Board. It should be noted that while there is agreement on the part of the licensee to the entry of an “Agreed Board Order,” there is neither admission nor denial of guilt with respect to any matters that have come to the attention of the Board. If a licensee, or the Board does not agree to terms of the “Agreed Board Order” or if the licensee does not wish an informal conference, a disciplinary hearing is scheduled before an Administrative Law Judge from the Office of Administrative Hearings. The Administrative Law Judge, after hearing all evidence in the matter will make a recommendation to the Board for action to be taken. The Board then makes a decision in the case, which is documented by the entry of a “Board Order.” On the finding of the existence of grounds for discipline of a licensee, the Board may suspend, revoke, restrict, fine, refuse to issue or renew, probate, reprimand, cancel, or retire a license. The Board has directed that “Agreed Board Orders” and “Board Orders” be published in the NEWSLETTER. Although every effort is made to assure that the following information is correct, you should contact the Board’s office to confirm the accuracy of the listing before making any decision based upon this information. Copies of specific orders may be obtained for a fee, upon written request.
LICENSEES (PHARMACISTS and PHARMACIES), and PHARMACISTINTERNS
John D. Love, Pharmacist License No. 26634. Alleged violations: convicted (in 2011) for the felony offenses of Health Care Fraud and Money Laundering and disciplinary action taken by the Indiana State Board of Pharmacy. Agreed Board Order accepted by licensee and entered by the Board on 06-07-12: license revoked. Paul Guy Clark, Jr., Pharmacist License No. 17869. Licensee requested revocation of Pharmacist License in lieu of further disciplinary proceedings regarding allegations pending before the Board. Agreed Board Order accepted by licensee and entered by the Board on 06-21-12: license revoked. Jamie Frances Holbrook, Pharmacist License No. 47426. Licensee requested revocation of Pharmacist License in lieu of further disciplinary proceedings regarding allegations pending before the Board. Agreed Board Order accepted by licensee and entered by the Board on 08-13-12: license revoked. Larry Eugene Swingle, Pharmacist License No. 18737. Licensee requested retirement of pharmacist license in lieu of further disciplinary proceedings regarding allegations pending before the Board. Agreed Board Order accepted by licensee and entered by the Board on 07-06-12: license retired. Maurice Harvey Litt, Pharmacist License No. 18847. Alleged violation: dispensed controlled substances pursuant to invalid prescription orders. Agreed Board Order accepted by applicant and entered by the Board on 08-07-12: license suspended the longer of 1 year or until he successfully passes the pharmacy law exam, followed by 5-year probation with conditions. ABC Pharmacy, Pharmacy License No. 26222, Houston, TX. Alleged violation: alleged violation by Maurice Harvey Litt (see above). Agreed Board Order entered 0807-12: license will be revoked if pharmacy does not voluntarily close within 30 days of entry of order. Diana M. Rodriguez-Lopez, Pharmacist License No. 29355. Alleged violation: dispensed controlled substances pursuant to invalid prescription orders. Agreed Board Order accepted by applicant and entered by the Board on 08-07-12: license suspended the longer of 1 year or until she successfully passes the pharmacy law exam, followed by 5-year probation with conditions. CVS/Pharmacy #7600, Pharmacy
License No. 24714, Fort Worth, TX. Alleged violations: dispensing error and failed to maintain accurate records. Agreed Board Order accepted by licensee and entered by the Board on 08-07-12: 2-year probation with conditions and fined $5000. Emily Thuy Nguyen, Pharmacist License No. 47709. Alleged violation: dispensing error. Agreed Board Order accepted by licensee and entered by the Board on 0807-12: license reprimanded. Hoa H. Pham, Pharmacist License No. 48351. Alleged violations: dispensing error; failed to evaluate and identify clinically significant reasonable directions for use; and failed to clarify a prescription order with the prescriber. Agreed Board Order accepted by licensee and entered by the Board on 08-07-12: license reprimanded; fined $2000; and must obtain additional hours of CE. Walgreen Co. #6329, Pharmacy License No. 21471, Wylie, TX. Alleged violations: alleged violations by Emily Thuy Nguyen and Hoa H. Pham (see above). Agreed Board Order accepted by licensee and entered by the Board on 08-07-12: 2-year probation with conditions; fined $3000; and must demonstrate continued compliance with their Continuous Quality Improvement Program (to include peer review) for purposes of preventing and handling dispensing errors. CVS/Pharmacy #5838, Pharmacy License No. 24889, Houston, TX. Alleged violations: an employee performed technician duties in the pharmacy with no registration and noncompliance with previously entered Agreed Board Order. Agreed Board Order accepted by licensee and entered by the Board on 08-07-12: 2-year probation with conditions and fined $3000. Walgreen Co. #4014, Pharmacy License No. 18905, Carrollton, TX. Alleged violations: dispensing error and failed to evaluate and identify clinically significant high dosage. Agreed Board Order accepted by licensee and entered by the Board on 08-07-12: 2-year probation with conditions; fined $1500; and must demonstrate continued compliance with their Continuous Quality Improvement Program (to include peer review) for purposes of preventing and handling dispensing errors. Nettie Smith Roach, Pharmacist License No. 19794. Alleged violation: dispensing error. Agreed Board Order accepted by licensee and entered by the Board on 0807-12: 2-year probation with conditions and must obtain additional hours of CE. CVS/Pharmacy #6742, Pharmacy License No. 24498, Channelview, TX. Alleged
Texas State Board of Pharmacy NEWSLETTER • Winter 2013
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HIPDB The Health Insurance Portability and Accountability Act of 1996 established the Healthcare Integrity and Protection Data Bank (HIPDB), a national healthcare fraud and abuse data collection program. In order to implement HIPDB, the U. S. Department of Health and Human Services adopted rules that require all state health licensing agencies to report disciplinary actions imposed on its licensees. The Texas State Board of Pharmacy (TSBP) is required to submit reports to HIPDB regarding all disciplinary actions taken against pharmacists, pharmacies, pharmacist-interns, and pharmacy technicians. After HIPDB receives a report from TSBP, HIPDB will send a copy of the report to the licensee. The licensee will be given the opportunity to respond to the report.
DISCIPLINARY ACTIONS continued from page
violation: alleged violation by Nettie Smith Roach (see above). Agreed Board Order accepted by licensee and entered by the Board on 08-07-12: 2-year probation with conditions and must develop and implement a Continuous Quality Improvement Program (to include peer review) for purposes of preventing and handling dispensing errors. Johnathan Cuevas, Pharmacist License No. 49951. Alleged violation: dispensing error. Agreed Board Order accepted by licensee and entered by the Board on 0807-12: license reprimanded and must obtain additional hours of CE. H.E.B. Pharmacy #556, Pharmacy License No. 21093, San Antonio, TX. Alleged violation: alleged violation by Johnathan Cuevas (see above). Agreed Board Order accepted by licensee and entered by the Board on 08-07-12: 2-year probation with conditions. Walgreen Co. #6821, Pharmacy License No. 21516, Meadows Place, TX. Alleged violations: dispensing error; failed to evaluate and identify clinically significant high dosage; and failed to provide verbal patient counseling. Agreed Board Order accepted by licensee and entered by the Board on 08-07-12: 1-year probation
with conditions; fined $3000; and must demonstrate continued compliance with their Continuous Quality Improvement Program (to include peer review) for purposes of preventing and handling dispensing errors. Thomas Neal Pessia, Pharmacist License No. 40299. Alleged violation: as pharmacist-in-charge, allowed four employees to perform technician duties with no registration. Agreed Board Order accepted by licensee and entered by the Board on 08-07-12: license fined $4000. Walgreen Co. #6694, Pharmacy License No. 21399, Odessa, TX. Alleged violation: alleged violation by Thomas Neal Pessia (see above). Agreed Board Order accepted by licensee and entered by the Board on 08-0712: license fined $12,000 and must develop and implement policies and procedures to verify the licensure and registration status for pharmacists, pharmacist interns, and pharmacy technicians. Ronald D. Crow, Pharmacist License No. 17479. Alleged violation: as pharmacist-incharge, allowed two employees to perform technician duties with no registration. Agreed Board Order accepted by licensee and entered by the Board on 08-13-12: license fined $2000. Walgreen Co. #4820, Pharmacy License No. 19331, Lubbock, TX. Alleged violation: alleged violation by Ronald D. Crow (see above). Agreed Board Order accepted by licensee and entered by the Board on 07-0612: license fined $6000 and must develop and implement policies and procedures to verify the licensure and registration status for pharmacists, pharmacist interns, and pharmacy technicians. Douglas Ray Chadwick, Pharmacist License No. 32997. Alleged violation: as pharmacist-in-charge, allowed two employees to perform technician duties with no registration. Agreed Board Order accepted by licensee and entered by the Board on 08-13-12: license fined $2000. Myers Drug, Inc., Pharmacy License No. 24793, San Angelo, TX. Alleged violation: alleged violation by Douglas Ray Chadwick (see above). Agreed Board Order accepted by licensee and entered by the Board on 0813-12: license fined $6000 and must develop and implement policies and procedures to verify the licensure and registration status for pharmacists, pharmacist interns, and pharmacy technicians. Buena Vista Discount Pharmacy, Pharmacy License No. 11492, San Antonio, TX. Alleged violation: shortages of controlled substances following accountability audit. Agreed Board Order accepted by licensee and entered by the Board on 08-07-12: license fined $5000 and must develop and implement policies and procedures to
detect shortages and prevent theft and loss of controlled substances. Raymond Lawrence Solano, Pharmacist License No. 39922. Alleged violation: dispensed (delivered) prescription drugs to patients in other states without being licensed to operate in those states. Agreed Board Order accepted by licensee and entered by the Board on 08-07-12: license fined $5000. Specialty Compounding, LLC, Pharmacy License No. 25802, Cedar Park, TX. Alleged violation: alleged violation by Raymond Lawrence Solano (see above). Agreed Board Order accepted by licensee and entered by the Board on 08-07-12: license fined $5000 and must develop and implement policy and procedures relating to operating in another state with a valid license. Richard Kershaw Waide, Pharmacist License No. 36951. Alleged violation: as pharmacist-in-charge and owner, allowed two employees to perform technician duties in the pharmacy without an active registration (one with a delinquent registration and one with no registration). Agreed Board Order accepted by licensee and entered by the Board on 08-13-12: license fined $1500. Waide’s Pharmacy, Inc., Pharmacy License No. 20385, Perryton, TX. Alleged violation: alleged violation by Richard Kershaw Waide (see above). Agreed Board Order accepted by licensee and entered by the Board on 08-13-12: license fined $5000 and must develop and implement policies and procedures to verify the licensure and registration status for pharmacists, pharmacist interns, and pharmacy technicians. Eric James Beckham, Pharmacist License No. 33290. Alleged violations: as pharmacist-in-charge, allowed two employees to perform technician duties without an active registration (one with a delinquent registration and one with no registration). Agreed Board Order accepted by licensee and entered by the Board on 08-13-12: license fined $1500. Walgreen Co. #5835, Pharmacy License No. 11768, Bellaire, TX. Alleged violation: alleged violation by Eric James Beckham (see above). Agreed Board Order accepted by licensee and entered by the Board on 0813-12: license fined $5000 and must develop and implement policies and procedures to verify the licensure and registration status for pharmacists, pharmacist interns, and pharmacy technicians. Kendra Lynis Forbes, Pharmacist License No. 35991. Alleged violations: dispensing error; failed to evaluate and
Texas State Board of Pharmacy NEWSLETTER • Winter 2013
see DISCIPLINARY ACTIONS on page
3
C O R N E R
OMPLAINT
Review of FY2012 Dispensing Error Disciplinary Orders
During the last fiscal year (FY2012), the Texas State Board of Pharmacy entered 105 disciplinary orders alleging that at least one dispensing error had occurred. This represents a 5% decrease from the previous year of FY2011 for this type of order. Information regarding these types of disciplinary orders is depicted in the chart below:
Total # of Disciplinary Orders
Total # of Disciplinary Orders involving Alleged Dispensing Errors
Total # of Alleged Errors
% of Disciplinary Orders involving more than one Alleged Error
% of Alleged Errors resulting in Negative Patient Outcomes
% of Alleged Errors involving Pediatric Prescriptions
FY2008
253*
52
62
12%
47%
52%
FY2009
334*
82
101
11%
76%
41%
FY2010
344*
77
83
8%
39%
47%
FY2011
342*
111
112
1%
61%
48%
FY2012
386*
105
135
3%
41%
38%
*This number does not include the disciplinary orders entered by the Board on pharmacy technicians. This number only includes disciplinary orders entered on pharmacists and pharmacies.
Disciplinary orders for FY2012 included some of the following errors:
Type of Error:
Prescription issued for:
Incorrectly dispensed as:
Wrong Drug
Clomiphene 50 mg Prena Plus Premarin Cream Singulair 10 mg
Clomipramine 50 mg Phena Plus ER Permethrin Cream Simvastatin 10 mg
Wrong Strength Levothyroxine 20 mcg Levothyroxine 200 mcg Prednisone 5 mg Prednisone 50 mg Oxybutynin 5 mg Oxybutynin 10 mg ER Fluphenazine 1 mg Fluphenazine 10 mg Wrong Directions Tramadol 50 mg Take 1 tablet twice daily for pain Take 3 tablets twice daily for pain Lortab Elixir 2 mL every 4 hours as needed 2 teaspoonsful every 4 hours as needed KCL 10 mEq ER Take 1 capsule every other day Take 1 capsule four times a day Zantac syrup 1 1/2 mL twice daily 1 1/2 teasponsful twice daily Approximately 31% of the 135 alleged dispensing errors that resulted in disciplinary orders may have been detected (and thus prevented) if a pharmacist had verbally counseled a patient or patient’s agent. In addition, 19% of the 135 errors may have been detected if the dispensing or consulting pharmacist had evaluated the medication dosage and appropriateness of usage, as currently required for all prescriptions, before dispensing to the patient. An additional 22% of the 135 errors may have been detected if the dispensing pharmacist had closely examined the label on the medication bottle and its contents prior to dispensing. Most errors could have been prevented if a pharmacist thoroughly counseled the patient, including reading the label on the container, opening and examining the container and examining the drugs and conducting a thorough drug regimen review. The Board strongly encourages pharmacists to read the drug name on the label and the directions for use, as well as look inside the container, before dispensing the medication to the patient/patient’s agent. Pharmacists are also encouraged to review errors that may have occurred in the pharmacy, evaluate their practice setting, and then make any changes necessary to prevent errors from occurring in the future.
Texas State Board of Pharmacy NEWSLETTER • Winter 2013
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identify clinically significant high dosage; and failed to clarify a prescription order with the prescriber. Agreed Board Order accepted by licensee and entered by the Board on 08-07-12: license reprimanded; fined $2000; and must obtain additional hours of CE. Sam’s Pharmacy #10-8282, Pharmacy License No. 20577, Dallas, TX. Alleged violations: failed to provide verbal patient counseling and alleged violations by Kendra Lynis Forbes (see above). Agreed Board Order accepted by licensee and entered by the Board on 08-07-12: license reprimanded; fined $4500; and must develop and implement a Continuous Quality Improvement Program (to include peer review) for purposes of preventing and handling dispensing errors. Texas Oncology Pharmacy - Austin, Pharmacy License No. 20165, Austin, TX. Alleged violation: shortages of controlled substances following accountability audit. Agreed Board Order accepted by licensee and entered by the Board on 08-07-12: license fined $3000 and must develop and implement policies and procedures to detect shortages and prevent theft and loss of controlled substances. Joe Lynn Tigert, Pharmacist License No. 21291. Alleged violation: as pharmacist-incharge, allowed an employee to perform technician duties with no registration. Agreed Board Order accepted by licensee and entered by the Board on 07-06-12: license fined $1000. United Pharmacy #515, Pharmacy License No. 21389, Burkburnett, TX. Alleged violation: alleged violation by Joe Lynn Tigert (see above). Agreed Board Order accepted by licensee and entered by the Board on 07-06-12: license fined $3000 and must develop and implement policies and procedures to verify the licensure and registration status for pharmacists, pharmacist interns, and pharmacy technicians. Medicine Cabinet SM, LLC, Pharmacy License No. 27125, Houston, TX. Alleged violation: an employee performed technician duties in the pharmacy with no registration. Agreed Board Order accepted by licensee and entered by the Board on 08-13-12: license fined $3000 and must develop and implement policies and procedures to verify the licensure and registration status for pharmacists, pharmacist interns, and pharmacy technicians. Jana Kay Gonzales, Pharmacist License No. 39022. Alleged violation: as pharmacistin-charge, allowed an employee to perform technician duties with no registration.
Agreed Board Order accepted by licensee and entered by the Board on 08-13-12: license fined $1000. Memphis Drug, Pharmacy License No. 22859, Memphis, TX. Alleged violation: alleged violation by Jana Kay Gonzales (see above). Agreed Board Order accepted by licensee and entered by the Board on 08-1312: license fined $3000 and must develop and implement policies and procedures to verify the licensure and registration status for pharmacists, pharmacist interns, and pharmacy technicians. Vina Pharmacy, Pharmacy License No. 21937, Austin, TX. Alleged violation: an employee performed technician duties in the pharmacy with no registration. Agreed Board Order accepted by licensee and entered by the Board on 08-13-12: license fined $3000 and must develop and implement policies and procedures to verify the licensure and registration status for pharmacists, pharmacist interns, and pharmacy technicians. Walgreen Co. #4839, Pharmacy License No. 19032, Katy, TX. Alleged violation: an employee performed technician duties in the pharmacy with no registration. Agreed Board Order accepted by licensee and entered by the Board on 08-13-12: license fined $3000 and must develop and implement policies and procedures to verify the licensure and registration status for pharmacists, pharmacist interns, and pharmacy technicians. Josephine Tshwanelo Kelebeng, Pharmacist License No. 46800. Alleged violation: as pharmacist-in-charge, allowed an employee to perform technician duties with no registration. Agreed Board Order accepted by licensee and entered by the Board on 08-13-12: license fined $1000. Walgreen Co. #7898, Pharmacy License No. 22867, Fort Worth, TX. Alleged violation: alleged violation by Josephine Tshwanelo Kelebeng (see above). Agreed Board Order accepted by licensee and entered by the Board on 08-13-12: license fined $3000 and must develop and implement policies and procedures to verify the licensure and registration status for pharmacists, pharmacist interns, and pharmacy technicians. Walgreen Co. #9500, Pharmacy License No. 24273, Azle, TX. Alleged violation: an employee performed technician duties in the pharmacy with no registration. Agreed Board Order accepted by licensee and entered by the Board on 08-13-12: license fined $3000 and must develop and implement policies and procedures to verify the licensure and registration status for pharmacists, pharmacist interns, and pharmacy technicians.
CVS/Pharmacy #6794, Pharmacy License No. 24575, Fort Worth, TX. Alleged violation: shortages of controlled substances following accountability audit. Agreed Board Order accepted by licensee and entered by the Board on 08-07-12: license fined $2000 and must develop and implement policies and procedures to detect shortages and prevent theft and loss of controlled substances. Weslaco Pharmacy, Inc., Pharmacy License No. 24377, Weslaco, TX. Alleged violation: shortages of controlled substances following accountability audit. Agreed Board Order accepted by licensee and entered by the Board on 08-07-12: license fined $2000 and must develop and implement policies and procedures to detect shortages and prevent theft and loss of controlled substances. Terry Paul Bacchus, Pharmacist License No. 18748. Alleged violations: dispensing error and failed to evaluate and identify clinically significant high dosage. Agreed Board Order accepted by licensee and entered by the Board on 08-07-12: license reprimanded; fined $1000; and must obtain additional hours of CE. QVL Pharmacy #101, Pharmacy License No. 23908, Longview, TX. Alleged violation: falsified Change of Ownership application with regard to officer’s criminal history. Agreed Board Order accepted by applicant and entered by the Board on 08-02-12: license fined $1000. QVL Pharmacy #102, Pharmacy License No. 23909, Tyler, TX. Alleged violation: falsified Change of Ownership application with regard to officer’s criminal history. Agreed Board Order accepted by applicant and entered by the Board on 08-02-12: license fined $1000. QVL Pharmacy #141, Pharmacy License No. 24292, Fort Worth, TX. Alleged violation: falsified Change of Ownership application with regard to officer’s criminal history. Agreed Board Order accepted by applicant and entered by the Board on 0802-12: license fined $1000. QVL Pharmacy #142, Pharmacy License No. 24372, Dallas, TX. Alleged violation: falsified Change of Ownership application with regard to officer’s criminal history. Agreed Board Order accepted by applicant and entered by the Board on 08-02-12: license fined $1000. QVL Pharmacy #145, Pharmacy License No. 25414, Plano, TX. Alleged violation: falsified Change of Ownership application with regard to officer’s criminal history. Agreed Board Order accepted by applicant and entered by the Board on 08-02-12: see DISCIPLINARY ACTIONS on page
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license fined $1000. QVL Pharmacy #162, Pharmacy License No. 24400, Houston, TX. Alleged violation: falsified Change of Ownership application with regard to officer’s criminal history. Agreed Board Order accepted by applicant and entered by the Board on 08-02-12: license fined $1000. QVL Pharmacy #181, Pharmacy License No. 25055, Austin, TX. Alleged violation: falsified Change of Ownership application with regard to officer’s criminal history. Agreed Board Order accepted by applicant and entered by the Board on 08-02-12: license fined $1000. Jaime Ponce Anaya, Pharmacist License No. 38918. Alleged violation: falsified Pharmacist renewal application with regard to criminal history. Agreed Board Order accepted by licensee and entered by the Board on 07-06-12: license fined $1000. CVS/Pharmacy #3505, Pharmacy License No. 25984, Kyle, TX. Alleged violation: shortages of controlled substances following
HELP IS AVAILABLE Do you know a pharmacist with any of the following symptoms?
Depressed Drinking alcohol in more than moderate amounts Abusing drugs Has a physical or mental impairment Not practicing pharmacy in a manner that is in the public’s interest If you do, please give the Texas Pharmacy Association’s Professional Recovery Network (PRN) an opportunity to help. All calls are kept strictly confidential. For information, call the toll free Help Line:
1 (800) 727-5152
accountability audit. Agreed Board Order accepted by licensee and entered by the Board on 08-07-12: license fined $1000 and must develop and implement policies and procedures to detect shortages and prevent theft and loss of controlled substances. Lindberg Pharmacy, Pharmacy License No. 13413, McAllen, TX. Alleged violation: shortages of controlled substances following accountability audit. Agreed Board Order accepted by licensee and entered by the Board on 08-07-12: license fined $1000 and must develop and implement policies and procedures to detect shortages and prevent theft and loss of controlled substances. Wal-Mart Pharmacy #10-3432, Pharmacy License No. 24972, DeSoto, TX. Alleged violation: shortages of controlled substances following accountability audit. Agreed Board Order accepted by licensee and entered by the Board on 08-07-12: license fined $1000 and must develop and implement policies and procedures to detect shortages and prevent theft and loss of controlled substances. Jorge A. Martillo, Pharmacist License No. 47343. Alleged violation: as pharmacist-incharge, allowed an employee to perform technician duties with no registration. Agreed Board Order accepted by licensee and entered by the Board on 08-07-12: license fined $1000. Janet Henson Hollaway, Pharmacist License No. 27404. Alleged violation: as pharmacist-in-charge, allowed an employee to perform technician duties with no registration. Agreed Board Order accepted by licensee and entered by the Board on 08-13-12: license fined $1000. My Thanh Nguyen, Pharmacist License No. 42996. Alleged violation: failed to properly administer an influenza vaccination. Agreed Board Order accepted by licensee and entered by the Board on 08-07-12: license reprimanded and must obtain additional hours of CE. CVS/Pharmacy #8440, Pharmacy License No. 26812, Carrollton, TX. Alleged violation: alleged violation by My Thanh Nguyen (see above). Agreed Board Order accepted by licensee and entered by the Board on 08-07-12: reprimanded; must develop and implement a Continuous Quality Improvement Program (to include peer review) for purposes of preventing and handling dispensing errors; and must develop and implement policies and procedures to be used by pharmacy personnel for the administration of immunizations. Walgreen Co. #10465, Pharmacy License No. 25277, Brownsville, TX. Alleged violation: dispensing error. Agreed Board Order accepted by licensee and
entered by the Board on 08-07-12: license reprimanded and must demonstrate continued compliance with their Continuous Quality Improvement Program (to include peer review) for purposes of preventing and handling dispensing errors. Matthew Clinton Pond, Pharmacist License No. 41421. Alleged violation: deferred adjudication (in 2009) for the misdemeanor offense of Simple Assault. Agreed Board Order accepted by licensee and entered by the Board on 08-07-12: license reprimanded. Patrick Kenechukwu Okelu, Pharmacist License No. 33625. Alleged violation: deferred adjudication (in 2012) for the misdemeanor offense of Terroristic Threat. Agreed Board Order accepted by licensee and entered by the Board on 08-13-12: license reprimanded. Mitul M. Patel, Pharmacist License No. 43197. Alleged violation: dispensing error. Agreed Board Order accepted by licensee and entered by the Board on 08-07-12: license reprimanded and must obtain additional hours of CE. Victor Egbulefu, Pharmacist License No. 46877. Licensee requested modification of Agreed Board Order previously entered on 02-08-11. Agreed Board Order accepted by licensee and entered by the Board on 08-07-12: request for modification was granted (pharmacist-in-charge restriction was terminated). REGISTERED TECHNICIANS AND TECHNICIAN TRAINEES BOARD ORDERS Christina Marie C’de Baca, Technician Registration No. 113270. Violations deemed admitted by default: Theft of Controlled Substances; deferred adjudication (in 2011) for the felony offense of Possession/ Attempted Possession of a Controlled Substance by Fraud; deferred adjudication (in 2011) for the felony offense of Fraudulent Use/Possession of Identifying Information; and convicted (in 2011) of the misdemeanor offense of Alter a Prescription. Board Order entered by the Board on 08-07-12: registration revoked. Vastie Sharika Coleman, Technician Registration No. 142151. Violations deemed admitted by default: Theft of Controlled Substances and deferred adjudication (in 2011) for the felony offense of Theft. Board Order entered by the Board on 08-07-12: registration revoked. Morgan K. Williams, Technician Registration No. 139789. Violations deemed admitted by default: unlawfully see DISCIPLINARY ACTIONS on page
Texas State Board of Pharmacy NEWSLETTER • Winter 2013
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obtained controlled substances by forged prescriptions and deferred adjudication (in 2011) for the felony offense of Obtain Controlled Substances by Fraud. Board Order entered by the Board on 08-07-12: registration revoked. Anne Sandford, Technician Registration No. 124743. Violation deemed admitted by default: theft of controlled substances. Board Order entered by the Board on 0807-12: registration revoked. Andrew Thomas Winston, Technician Registration No. 182746. Violation deemed admitted by default: theft of controlled substances. Board Order entered by the Board on 08-07-12: registration revoked. Jamal Brown, Technician Registration No. 201465. Violation deemed admitted by default: deferred adjudication (in 2012) for the felony offense of Robbery-Threats. Board Order entered by the Board on 0807-12: registration revoked. Javier Lara Martinez, Technician Registration No. 100667. Violation deemed admitted by default: non-compliance with previously entered Agreed Board Order. Board Order entered by the Board on 0807-12: registration revoked. Jose Martin Martinez, Technician Registration No. 120978. Violation deemed admitted by default: deferred adjudication (in 2012) for the felony offense of Possession of Marihuana. Board Order entered by the Board on 08-07-12: registration suspended under conditions. Jacquelyn Sonyette Perry, Technician Registration No. 193720. Violation deemed admitted by default: deferred adjudication (in 2012) for the felony offense of Theft. Board Order entered by the Board on 08-07-12: registration suspended under conditions. Francisco Gabriel Ordonez, Technician Registration No. 202324. Violation deemed admitted by default: non-compliance with previously entered Agreed Board Order. Board Order entered by the Board on 08-0712: registration suspended for a minimum period of one year, under conditions. Angel Renee McClosky, Technician Registration No. 119615. Violation deemed admitted by default: non-compliance with previously entered Agreed Board Order. Board Order entered by the Board on 0807-12: prior Order set aside, registration suspended for the longer of 1 year or until a mental health professional provides written documentation which states that registrant is not physiologically or psychologically alcohol or drug dependent and is able to perform technician duties without posing a threat to the public, followed by 5-year
probation with conditions. Norma Raquel Villarreal, Technician Registration No. 191839. Violation deemed admitted by default: deferred adjudication (in 2011) for the felony offense of Unauthorized Possession of Food Stamps. Board Order entered by the Board on 08-07-12: registration suspended for 180 days, followed by 5-year probation with conditions. Matthew Brandon Bohne, Technician Registration No. 191147. Violation deemed admitted by default: deferred adjudication (in 2011) for the misdemeanor offense of Possession of Marihuana. Board Order entered by the Board on 08-0712: registration suspended until mental health professional provides written documentation which states that registrant is not physiologically or psychologically alcohol or drug dependent and is able to perform technician duties without posing a threat to the public, followed by 5-year probation with conditions. Paul Anthony Riggs, Technician Registration No. 172865. Violation deemed admitted by default: deferred adjudication (in 2012) for the misdemeanor offense of Possession of Marihuana. Evaluation by Mental Health Professional determined drug dependency, not in remission. Board Order entered by the Board on 08-0712: registration suspended until mental health professional provides written documentation which states that registrant is not physiologically or psychologically alcohol or drug dependent and is able to perform technician duties without posing a threat to the public, followed by 5-year probation with conditions Jasmine Janai Davis, Technician Registration No. 190190. Violation deemed admitted by default: convicted (in 2012) of the misdemeanor offense of Theft. Board Order entered by the Board on 08-07-12: registration fined $500. Clovis Renee Garibay, Technician Registration No. 193754. Violation deemed admitted by default: deferred adjudication (in 2011) of the misdemeanor offense of Theft. Board Order entered by the Board on 08-07-12: registration fined $500. Adan Garza, Technician Registration No. 103498. Violation deemed admitted by default: deferred adjudication (in 2011) for the misdemeanor offense of Terroristic Threat. Board Order entered by the Board on 08-07-12: registration fined $500. Trent Jarvis Watts, Technician Registration No. 204360. Violation deemed admitted by default: deferred adjudication (in 2012) for the misdemeanor offense of Theft. Agreed Board Order accepted by registrant and entered by the Board on 08-
07-12: registration fined $500. Sonia De La Cruz, Technician Registration No. 186660. Violation deemed admitted by default: falsified technician registration application with regard to criminal history. Board Order entered by the Board on 0807-12: registration fined $500. Jessica Rene Harvey, Technician Registration No. 198634. Violation deemed admitted by default: non-compliance with previously entered Agreed Board Order. Board Order entered by the Board on 0807-12: registration fined $250. AGREED BOARD ORDERS Kaneisha Rae Jackson, Technician Registration No. 106241. Alleged violation: obtained controlled substances and dangerous drugs by fraudulent prescriptions. Agreed Board Order accepted by registrant and entered by the Board on 06-08-12: registration revoked. Tracy Michelle Lopez, Technician Registration No. 164194. Alleged violation: convicted (in 2011) of the felony offense of Distribution of a Controlled Substance. Agreed Board Order accepted by applicant and entered by the Board on 07-23-12: registration revoked. Larrime Shae Garcia, Technician Registration No. 233987. Alleged violation: deferred adjudication (in 2011) for the felony offense of Fraud – Criminal Episode. Agreed Board Order accepted by applicant and entered by the Board on 06-08-12: registration revoked. Crystal Jalyn Russell, Technician Registration No. 201568. Alleged violation: engaged in the duties of a pharmacy technician trainee with no registration. Agreed Board Order accepted by registrant and entered by the Board on 06-15-12: registration revoked. Jesus Soto, Technician Registration No. 138627. Alleged violation: non-compliance with previously entered Agreed Board Order. Agreed Board Order accepted by registrant and entered by the Board on 0807-12: registration revoked. Kinesha Latrice Winters, Technician Registration No. 138076. Registrant requested revocation of technician registration in lieu of further disciplinary proceedings regarding allegations pending before the Board. Agreed Board Order accepted by registrant and entered by the Board on 06-15-12: registration revoked. Shelsey Shanice O’Bryant, Technician Registration No. 188319. Registrant requested revocation of technician registration in lieu of further disciplinary see DISCIPLINARY ACTIONS on page
Texas State Board of Pharmacy NEWSLETTER • Winter 2013
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proceedings regarding allegations pending before the Board. Agreed Board Order accepted by registrant and entered by the Board on 06-15-12: registration revoked. Chasidy Rae McMinn, Technician Registration No. 134158. Registrant requested revocation of technician registration in lieu of further disciplinary proceedings regarding allegations pending before the Board. Agreed Board Order accepted by registrant and entered by the Board on 06-15-12: registration revoked. Kristy Lynn Blalock, Technician Registration No. 106847. Registrant requested revocation of technician registration in lieu of further disciplinary proceedings regarding allegations pending before the Board. Agreed Board Order accepted by registrant and entered by the Board on 06-15-12: registration revoked. Judy B. Gee, Technician Registration No. 124250. Registrant requested revocation of technician registration in lieu of further disciplinary proceedings regarding allegations pending before the Board. Agreed Board Order accepted by registrant and entered by the Board on 06-27-12: registration revoked. Charlene L. Conley, Technician Registration No. 157923. Registrant requested revocation of technician registration in lieu of further disciplinary proceedings regarding allegations pending before the Board. Agreed Board Order accepted by registrant and entered by the Board on 07-23-12: registration revoked. Mary Alison Chambers, Technician Registration No. 180841. Registrant requested revocation of technician registration in lieu of further disciplinary proceedings regarding allegations pending before the Board. Agreed Board Order accepted by registrant and entered by the Board on 07-23-12: registration revoked. Dana Leonard Chapman, Technician Registration No. 161698. Registrant requested revocation of technician registration in lieu of further disciplinary proceedings regarding allegations pending before the Board. Agreed Board Order accepted by registrant and entered by the Board on 07-23-12: registration revoked. Benjamin Taylor Jones, Technician Registration No. 193707. Registrant requested revocation of technician registration in lieu of further disciplinary proceedings regarding allegations pending before the Board. Agreed Board Order accepted by registrant and entered by the Board on 07-23-12: registration revoked. Saci Deonn Blanton, Technician Registration No. 129004. Registrant
requested revocation of technician registration in lieu of further disciplinary proceedings regarding allegations pending before the Board. Agreed Board Order accepted by registrant and entered by the Board on 08-13-12: registration revoked. Tiffany Marie Kummer, Technician Registration No. 173787. Registrant requested revocation of technician registration in lieu of further disciplinary proceedings regarding allegations pending before the Board. Agreed Board Order accepted by registrant and entered by the Board on 08-13-12: registration revoked. Alexandra Ann Crook, Technician Registration No. 192025. Registrant requested revocation of technician registration in lieu of further disciplinary proceedings regarding allegations pending before the Board. Agreed Board Order accepted by registrant and entered by the Board on 08-13-12: registration revoked. Matthew Aaron Russell, Technician Registration No. 170396. Registrant requested revocation of technician registration in lieu of further disciplinary proceedings regarding allegations pending before the Board. Agreed Board Order accepted by registrant and entered by the Board on 08-13-12: registration revoked. Veronica Esquivel, Technician Registration No. 127632. Registrant requested revocation of technician registration in lieu of further disciplinary proceedings regarding allegations pending before the Board. Agreed Board Order accepted by registrant and entered by the Board on 08-13-12: registration revoked. Alfredo Macias, IV, Technician Registration No. 131353. Registrant requested revocation of technician registration in lieu of further disciplinary proceedings regarding allegations pending before the Board. Agreed Board Order accepted by registrant and entered by the Board on 08-13-12: registration revoked. Manuel Mauro Sandoval, Technician Registration No. 122621. Alleged violations: convicted (in 2003) of the felony offense of Possession of Marihuana with Intent to Distribute and deferred adjudication (in 2009) for the misdemeanor offense of Possession of Marihuana. Evaluation by a mental health professional determined a substance abuse problem. Agreed Board Order accepted by registrant and entered by the Board on 08-07-12: registration suspended for the longer of 1 year or until a mental health professional provides written documentation which states that registrant is not physiologically or psychologically alcohol or drug dependent and is able to perform technician duties without posing a threat to the public, followed by 5-year
probation with conditions. Antonio Valdez Rodriguez, Technician Registration No. 177758. Alleged violation: non-compliance with previously entered Agreed Board Order. Agreed Board Order accepted by registrant and entered by the Board on 08-07-12: prior Order set aside, registration suspended for the longer of 1 year or until a mental health professional provides written documentation which states that registrant is not physiologically or psychologically alcohol or drug dependent and is able to perform technician duties without posing a threat to the public, followed by 5-year probation with conditions. Brittany Allen, Technician Registration No. 160231. Alleged violation: deferred adjudication (in 2011) for the felony offense of Theft. Agreed Board Order accepted by registrant and entered by the Board on 08-07-12: registration suspended 180 days, followed by 5-year probation with conditions. Richard Antonio Garcia, Technician Registration No. 196721. Alleged violation: deferred adjudication (in 2012) for the felony offense of Aggravated Assault – Family Member. Agreed Board Order accepted by registrant and entered by the Board on 08-07-12: registration suspended 180 days, followed by 5-year probation with conditions. Jacob Marquez Serrano, Technician Registration No. 175631. Alleged violations: attempted theft of Controlled Substances and deferred adjudication (in 2011) for the misdemeanor offense of Theft. Agreed Board Order accepted by registrant and entered by the Board on 08-07-12: registration suspended for the longer of 90 days or until a mental health professional provides written documentation which states that registrant is not physiologically or psychologically alcohol or drug dependent and is able to perform technician duties without posing a threat to the public, followed by 5-year probation with conditions. Maria Rowena McGee, Technician Registration No. 134568. Alleged violation: non-compliance with previously entered Agreed Board Order. Agreed Board Order accepted by registrant and entered by the Board on 08-07-12: registration suspended for 30 days. Monty Ray McMinn, Technician Registration No. 134255. Alleged violation: non-compliance with previously entered Agreed Board Order. Agreed Board Order accepted by registrant and entered by the Board on 08-07-12: registration suspended for 30 days. Kingsley K. Akanna, Technician see DISCIPLINARY ACTIONS on page
Texas State Board of Pharmacy NEWSLETTER • Winter 2013
Compliance Reminders LIBRARY • Pharmacist-in-charge (PIC) must ensure that the pharmacy’s library is complete, with all up-to-date hardcopy and/or electronic references. • PIC must ensure that pharmacy staff is able to access all references at all times, including electronic references.
ENVIRONMENT • •
PIC must ensure that the pharmacy is orderly and clean, including the sink, compounding areas, and measuring tools. PIC must ensure that the pharmacy has policies/procedures relating to security which assure effective controls against theft or diversion of drugs.
LABELING
•
PIC must ensure that prescription labels are complete, including: o beyond-use-date; and o the statement: “Do not flush unused medications or pour down a sink or drain.”
PATIENT COUNSELING •
PIC must ensure that all patients presenting a new prescription receive verbal counseling from a pharmacist and that a pharmacist or pharmacy technician/trainee offers counseling to all patients obtaining refills.
QUESTIONS
TSBP maintains a compliance hotline line from 8:00 a.m. – 5:00 p.m. Monday through Friday. Pharmacists are encouraged to call 512-305-8070 with any questions regarding TSBP laws and rules.
The NEWSLETTER is published in an attempt to keep pharmacists, pharmacy technicians, and pharmacy owners informed about laws and rules relating to the practice of pharmacy in Texas. Unless otherwise noted, permission to quote from or reproduce items in this publication is granted when due acknowledgment is made. Guest articles do not necessarily express the views of the Texas State Board of Pharmacy. Comments and/or suggestions should be addressed to: Allison Benz, R.Ph., M.S. Managing Editor Texas State Board of Pharmacy William P. Hobby Bldg., Ste. 3-600 333 Guadalupe Street Austin, Texas 78701
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Registration No. 103528. Alleged violation: alcohol dependency. Agreed Board Order entered by the Board on 08-07-12: registration suspended until mental health professional provides written documentation which states that registrant is not physiologically or psychologically alcohol or drug dependent and is able to perform technician duties without posing a threat to the public, followed by 5-year probation with conditions. Takia Erin Martinez, Technician Registration No. 111388. Alleged violation: Drug and alcohol dependency in remission. Agreed Board Order entered by the Board on 08-07-12: registration suspended until mental health professional provides written documentation which states that registrant is not physiologically or psychologically alcohol or drug dependent and is able to perform technician duties without posing a threat to the public, followed by 5-year probation with conditions. Carlos Rodriguez, Jr., Technician Registration No. 114220. Alleged violation: deferred adjudication (in 2011) for the misdemeanor offense of Possession of a Controlled Substance. Evaluation by Mental Health Professional determined alcohol dependency in partial remission and drug dependency in remission. Agreed Board Order entered by the Board on 08-07-12: registration suspended until mental health professional provides written documentation which states that registrant is not physiologically or psychologically alcohol or drug dependent and is able to perform technician duties without posing a threat to the public, followed by 5-year probation with conditions. Jason Ryan Swayden, Technician Registration No. 143420. Alleged violations: deferred adjudication (in 2009) for the misdemeanor offense of Obstruction of Highway; two deferred dispositions (in 2009) for the misdemeanor offenses of Public Intoxication; two convictions (in 2009 and 2011) for alcohol-related offenses; arrested (2011) for the misdemeanor offense of Driving While Intoxicated; and arrested (in 2011) for the misdemeanor offense of Duty Upon Striking Unattended Vehicle. Evaluation by Mental Health Professional determined alcohol dependency not in remission. Agreed Board Order entered by the Board on 08-07-12: registration suspended until mental health professional provides written documentation which states that registrant is not physiologically or psychologically alcohol or drug dependent and is able to see DISCIPLINARY ACTIONS on page 10
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perform technician duties without posing a threat to the public, followed by 5-year probation with conditions. Terence Johnson, Technician Registration No. 184803. Alleged violation: convicted (in 2011) of the misdemeanor offense of Simple Assault – Family Violence. Agreed Board Order accepted by registrant and entered by the Board on 08-07-12: 1-year probation with conditions. Kristen A. Thomas, Technician Registration No. 166245. Alleged violation: deferred adjudication (in 2011) for the misdemeanor offense of Possession of Marihuana. Evaluation by Mental Health Professional determined no drug or alcohol dependency. Agreed Board Order entered by the Board on 08-07-12: 1-year probation with conditions. Ernesto Sanchez, Technician Registration No. 147508. Alleged violation: deferred adjudication (in 2011) for the misdemeanor offense of Possession of Marihuana. Evaluation by Mental Health Professional determined no drug and alcohol dependency. Agreed Board Order entered by the Board on 08-07-12: 1-year probation with conditions. Jamie Hammick, Technician Registration No. 198821. Alleged violation: engaged in the duties of a pharmacy technician trainee with no registration. Agreed Board Order accepted by registrant and entered by the Board on 06-15-12: registration fined $500. Ifeyinwa Emelobe, Technician Registration No. 196441. Alleged violation: engaged in the duties of a pharmacy technician with no registration. Agreed Board Order accepted by registrant and entered by the Board on 07-23-12: registration fined $500. Bryan Maxwell Davis, Technician Registration No. 198794. Alleged violation: engaged in the duties of a pharmacy technician with no registration. Agreed Board Order accepted by registrant and entered by the Board on 08-07-12: registration fined $500. Darlene Joyce Dunn, Technician Registration No. 116242. Alleged violation: engaged in the duties of a pharmacy technician with a no registration. Agreed Board Order accepted by registrant and entered by the Board on 08-13-12: registration fined $500. Kristy Nguyen, Technician Registration No. 194895. Alleged violation: engaged in the duties of a pharmacy technician with a no registration. Agreed Board Order accepted by registrant and entered by the Board on 08-13-12: registration fined $500. Barbara Lou Lovelady, Technician
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Registration No. 109272. Alleged violation: engaged in the duties of a pharmacy technician with a delinquent registration. Agreed Board Order accepted by registrant and entered by the Board on 07-06-12: registration fined $250. Tammy Lorraine Weidemann, Technician Registration No. 140379. Alleged violation: non-compliance with previously entered Agreed Board Order. Agreed Board Order accepted by registrant and entered by the Board on 06-15-12: registration fined $250. Nicole Lynne Martin, Technician Registration No. 150807. Alleged violation: non-compliance with previously entered Agreed Board Order. Agreed Board Order accepted by registrant and entered by the Board on 06-27-12: registration fined $250. Kristin Alysa Ginter, Technician Registration No. 168149. Alleged violation: non-compliance with previously entered Agreed Board Order. Agreed Board Order accepted by registrant and entered by the Board on 06-27-12: registration fined $250. Lionel Taylor, Technician Registration No. 199332. Alleged violation: non-compliance with previously entered Agreed Board Order. Agreed Board Order accepted by registrant and entered by the Board on 0706-12: registration fined $250. Jerry A. Tamez, Technician Registration No. 144906. Alleged violation: noncompliance with previously entered Agreed Board Order. Agreed Board Order entered by the Board on 08-07-12: registration fined $250. Michelle Marie Tripp, Technician Registration No. 101860. Alleged violation: non-compliance with previously entered Agreed Board Order. Agreed Board Order entered by the Board on 08-07-12: registration fined $250. Emanuel Aleman-Sanchez, Technician Registration No. 193971. Alleged violation: convicted (in 2012) of the misdemeanor offense of Insurance Claim Fraud. Agreed Board Order accepted by applicant and entered by the Board on 06-27-12: registration reprimanded. Edgar Espinoza, Technician Registration No. 196973. Alleged violation: deferred adjudication (in 2012) for the misdemeanor offense Theft. Agreed Board Order accepted by applicant and entered by the Board on 06-15-12: registration reprimanded. Troi Lige Dismuke, Technician Registration No. 199795. Alleged violation: deferred adjudication (in 2011) for the misdemeanor offense Theft. Agreed Board Order accepted by applicant and entered by the Board on 06-15-12: registration
Americans With Disabilities Act The Americans with Disabilities Act (ADA) became effective January 26, 1992, for all public and private organizations offering goods and services to the public. It is the goal of the Texas State Board of Pharmacy to assure the public and all constituencies that the agency is in full compliance with ADA and that our office, programs, activities, and publications are accessible to anyone needing reasonable accommodations. The Director of Administrative Services and Licensing has been designated to coordinate compliance efforts and provide information concerning the provisions of the ADA and rights provided. An ADA Grievance Procedure is available to the public, and complaints should be addressed to the ADA coordinator, Cathy Stella, at (512) 305-8013 (Voice), or (512) 305-8082 (Fax). reprimanded. Leticia Salas, Technician Registration No. 166494. Alleged violation: deferred adjudication (in 2012) for the misdemeanor offense of Theft. Agreed Board Order accepted by registrant and entered by the Board on 08-07-12: registration reprimanded. APPLICANTS FOR LICENSURE OR REGISTRATION AGREED BOARD ORDERS APPLICANTS FOR PHARMACY LICENSE: Doyfran Pharmacy, Applicant for Pharmacy License, Humble, TX. Alleged violations: one officer received deferred adjudication (in 2008) for the felony offense of Evading Arrest with a Motor Vehicle and falsified pharmacy application with regard to another officer’s previous disciplinary order entered by Texas State Board of Pharmacy. Agreed Board Order accepted by applicant and entered by the Board on 08-07-12: license granted; placed on 5-year probation with conditions; and fined $1000. First Choice Emergency Room, Applicant
see DISCIPLINARY ACTIONS on page 11
Texas State Board of Pharmacy NEWSLETTER • Winter 2013
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for Pharmacy License, Pflugerville, TX. Alleged violation: falsified Pharmacy application with regard to pharmacy corporate officer’s criminal and disciplinary action history. Agreed Board Order accepted by applicant and entered by the Board on 07-06-12: license granted and fined $1000. First Choice Emergency Room, Applicant for Pharmacy License, Kingwood, TX. Alleged violation: falsified Pharmacy application with regard to pharmacy corporate officer’s criminal and disciplinary action history. Agreed Board Order accepted by applicant and entered by the Board on 07-06-12: license granted and fined $1000. Providence Drugs LLC, Applicant for Pharmacy License, Dallas, TX. Alleged violation: falsified pharmacy application with regard to officer’s criminal history. Agreed Board Order accepted by applicant and entered by the Board on 08-02-12: license granted and fined $1000. QVL Pharmacy #147, Applicant for Pharmacy License, Arlington, TX. Alleged violation: falsified pharmacy application with regard to officer’s criminal history. Agreed Board Order accepted by applicant and entered by the Board on 08-02-12: license granted and fined $1000. APPLICANTS FOR TECHNICIAN REGISTRATION: James Nicholas Campos, Applicant for Technician Trainee Registration. Alleged violation: deferred adjudication (in 2006) for the felony offense of Possession of Marihuana. Agreed Board Order accepted by applicant and entered by the Board on 08-07-12: registration granted if mental health professional provides written documentation which states that applicant is not physiologically or psychologically alcohol or drug dependent and is able to perform technician duties without posing a threat to the public; if registration is granted, suspended for 180 days, followed by 5-year probation with conditions. Nnamdi N. Akabueze, Applicant for Technician Registration. Alleged violations: deferred adjudication (in 2011) for the felony offense of Evading Arrest/Detention with Vehicle and falsified technician registration application with regard to criminal history. Agreed Board Order accepted by applicant and entered by the Board on 08-07-12: registration granted; placed on 5-year probation with conditions; and fined $500. Monica Jill Gonzalez, Applicant for
Technician Trainee Registration. Alleged violations: deferred adjudication (in 2006) for the felony offense of Forgery Financial Instrument and falsified technician registration application with regard to criminal history. Agreed Board Order accepted by applicant and entered by the Board on 08-07-12: registration granted; placed on 5-year probation with conditions; and fined $500. Ernesto Herrera, Applicant for Technician Trainee Registration. Alleged violations: four misdemeanor convictions for drugrelated offenses (2003 - 2009). Evaluation by Mental Health Professional determined drug dependency in remission. Agreed Board Order accepted by registrant and entered by the Board on 08-07-12: registration granted if mental health professional provides written documentation which states that applicant is not physiologically or psychologically alcohol or drug dependent and is able to perform technician duties without posing a threat to the public; if registration is granted, placed on 5-year probation with conditions. Sheryl Lynn McNamara, Applicant for Technician Trainee Registration. Alleged violation: convicted (in 2007) of the misdemeanor offense of Possession of Drug Paraphernalia. Evaluation by Mental Health Professional determined drug dependency in remission. Agreed Board Order accepted by applicant and entered by the Board on 08-07-12: registration granted if mental health professional provides written documentation which states that applicant is not physiologically or psychologically alcohol or drug dependent and is able to perform technician duties without posing a threat to the public; if registration is granted, placed on 5-year probation with conditions. Ivan Ray Rosenquist, Applicant for Technician Trainee Registration. Alleged violations: arrested (in 1976) for the misdemeanor offense of Possession of Marihuana; convicted (in 1977) of the misdemeanor offense of Possession of Marihuana; convicted (in 1979) of the felony offense of Robbery; two convictions (in 1985 and 1986) of the misdemeanor offense of Driving While Intoxicated; and convicted (in 1997) of the felony offense of Driving While Intoxicated. Evaluation by Mental Health Professional determined alcohol dependency in remission. Agreed Board Order accepted by applicant and entered by the Board on 08-07-12: registration granted if mental health professional provides written documentation which states that applicant is not physiologically or psychologically alcohol or drug dependent and is able to perform technician duties without posing a threat to the public; if registration is granted, placed on 3-year probation with conditions.
Christian Armando Zayas, Applicant for Technician Trainee Registration. Alleged violations: convicted (in 1993) of the misdemeanor offense of Injury to a Child; convicted (in 1993) of the felony offense of Theft; convicted (in 1997) of the Felony offense of False Imprisonment; and falsified technician trainee registration application with regard to criminal history. Agreed Board Order accepted by applicant and entered by the Board on 08-07-12: registration granted; placed on 3-year probation with conditions; and fined $500. Sharon Roberts Polley, Applicant for Technician Registration. Alleged violations: convicted (in 1994) of the felony offense of Postal, Interstate Wire, Radio, Etc (Conspired to use U.S. Mail to Defraud Others) and falsified technician registration application with regard to criminal history. Agreed Board Order accepted by applicant and entered by the Board on 08-07-12: registration granted; placed on 1-year probation with conditions; and fined $500. Terry Sanchez, Applicant for Technician Trainee Registration. Alleged violation: deferred adjudication (in 1997) for the felony offense of Unauthorized Use of a Motor Vehicle. Agreed Board Order accepted by applicant and entered by the Board on 0807-12: registration granted and placed on 1-year probation. Gabrielle Freshour, Applicant for Technician Registration. Alleged violation: deferred adjudication (in 2009) for the misdemeanor offense of Possession of Marihuana in a Drug Free Zone. Evaluation by Mental Health Professional determined no drug or alcohol dependency. Agreed Board Order accepted by applicant and entered by the Board on 08-07-12: registration granted and placed on 1-year probation with conditions. Hannah Marie Alston, Applicant for Technician Trainee Registration. Alleged violations: deferred adjudication (in 2009) for the misdemeanor offense of Theft and falsified technician trainee registration application with regard to criminal history. Agreed Board Order accepted by applicant and entered by the Board on 06-08-12: registration granted; reprimanded; and fined $500. Darci Banks, Applicant for Technician Registration. Alleged violation: engaged in the duties of a pharmacy technician with no registration. Agreed Board Order accepted by registrant and entered by the Board on 06-08-12: registration granted and fined $500. Stephaney Lakiah Lindsey-Ingram, Applicant for Technician Registration see DISCIPLINARY ACTIONS on page 12
Texas State Board of Pharmacy NEWSLETTER • Winter 2013
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DISCIPLINARY ACTIONS continued from page 11
#182645. Alleged violation: engaged in the duties of a pharmacy technician with no registration. Agreed Board Order accepted by registrant and entered by the Board on 06-15-12: registration granted and fined $500. Julie Turner, Applicant for Technician Trainee Registration. Alleged violation: falsified technician trainee registration application with regard to criminal history. Agreed Board Order accepted by applicant and entered by the Board on 06-15-12: registration granted and fined $500. Miesha Antionette Smith, Applicant for Technician Registration #177897. Alleged violation: falsified technician registration application with regard to criminal history. Agreed Board Order accepted by applicant and entered by the Board on 06-15-12: registration granted and fined $500. Ophelia Roxanne Rangel, Applicant for Technician Trainee Registration. Alleged violation: falsified technician trainee registration application with regard to criminal history. Agreed Board Order accepted by applicant and entered by the Board on 06-15-12: registration granted and fined $500. Rosa Herrera, Applicant for Technician Trainee Registration. Alleged violation: falsified technician trainee registration application with regard to criminal history. Agreed Board Order accepted by applicant and entered by the Board on 06-27-12: registration granted and fined $500. Ramon Keith Bowie, Applicant for Technician Registration. Alleged violation: falsified technician registration application with regard to criminal history. Agreed Board Order accepted by applicant and entered by the Board on 07-06-12: registration granted and fined $500. Ramon Castillo, Applicant for Technician Trainee Registration. Alleged violation: falsified technician trainee registration application with regard to criminal history. Agreed Board Order accepted by applicant and entered by the Board on 07-06-12: registration granted and fined $500. Marlo Kerr, Applicant for Technician Trainee Registration. Alleged violation: falsified technician trainee registration application with regard to criminal history. Agreed Board Order accepted by applicant and entered by the Board on 08-13-12: registration granted and fined $500. Megan Blaylock, Applicant for Technician Registration. Alleged violation: convicted (in 2011) of the misdemeanor offense of Theft. Agreed Board Order accepted by applicant and entered by the Board
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on 06-15-12: registration granted and reprimanded. Erica Mayes, Applicant for Technician Trainee Registration. Alleged violation: convicted (in 2012) of the misdemeanor offense of Theft. Agreed Board Order accepted by applicant and entered by the Board on 07-23-12: registration granted and reprimanded. Brittney Elise Netterville, Applicant for Technician Trainee Registration. Alleged violation: convicted (in 2009) of the misdemeanor offense of Theft. Agreed Board Order accepted by applicant and entered by the Board on 08-13-12: registration granted and reprimanded. Andre Sutherland, Applicant for Technician Trainee Registration. Alleged violation: deferred adjudication (in 2010) for the misdemeanor offense of Theft. Agreed Board Order accepted by applicant and entered by the Board on 06-08-12: registration granted and reprimanded. Sonya Sablan, Applicant for Technician Trainee Registration. Alleged violation: deferred adjudication (in 2007) for the misdemeanor offense of Theft. Agreed Board Order accepted by applicant and entered by the Board on 06-15-12: registration granted and reprimanded. Bret Moore, Applicant for Technician Trainee Registration. Alleged violation: deferred adjudication (in 2008) for the misdemeanor offense of Theft. Agreed Board Order accepted by applicant and entered by the Board on 07-06-12: registration granted and reprimanded. April Michelle Kaspick, Applicant for Technician Trainee Registration. Alleged violation: deferred adjudication (in 2009) for the misdemeanor offense of Secure Execution of Documents Less than $1500. Agreed Board Order accepted by applicant and entered by the Board on 07-23-12: registration granted and reprimanded. Portia D. Roberson, Applicant for Technician Registration. Alleged violation: deferred adjudication (in 2010) for the misdemeanor offense of Failure to Identify. Agreed Board Order accepted by applicant and entered by the Board on 08-13-12: registration granted and reprimanded. Morgan Kohl Bryant, Applicant for Technician Trainee Registration. Alleged violation: deferred disposition (in 2011) for the misdemeanor offense of Theft. Agreed Board Order accepted by applicant and entered by the Board on 07-06-12: registration granted and reprimanded.
REHABILITATION ORDERS Section 564.002 and 564.003 of the Pharmacy Act exempts from the Texas Public Information Act, the records of TSBP concerning pharmacists who have or have had an alcohol or drug dependency or who have developed an incapacity of a nature that prevents a pharmacist from engaging in the practice of pharmacy with reasonable skill, competence, and safety to the public. Thus, Agreed Board Orders entered as a result of such impairments are confidential. Because of this confidentiality only the number of rehabilitation orders that have been entered by TSBP, will be published; the name of the pharmacist (and any pharmacy that is involved) is not published. Seventeen such orders were entered by the Board from June - August 2012. This number may include the following types of orders: (1) new orders entered on pharmacists who have or have had a chemical dependency, or mental or physical impairment; (2) subsequent orders on these individuals; and (3) orders entered on a pharmacy license as a result of violations or alleged violations by a pharmacist with an impairment.
BOARD CALENDAR FY2013 MAY 2013 7-8 TSBP BOARD BUSINESS MEETING, Austin 27
MEMORIAL DAY - Office Closed
JULY 2013 4 INDEPENDENCE DAY - Office Closed AUGUST 2013 6-7 TSBP BOARD BUSINESS MEETING, Austin
Texas State Board of Pharmacy NEWSLETTER • Winter 2013
Texas State Board of Pharmacy William P. Hobby Building 333 Guadalupe Street Suite 3-600 Austin, Texas 78701 512/305-8000
Jeanne D. Waggener, R.Ph. President Waco
Alice G. Mendoza, R.Ph. Kingsville Phyllis Stine Abilene
Dennis F. Wiesner, R.Ph. Vice President Austin Buford T. Abeldt, Sr., R.Ph. Treasurer Lufkin W. Benjamin Fry, R.Ph. San Benito
Newsletter www.tsbp.state.tx.us
L. Suzan Kedron Dallas
Email Newsletter Subscription Available An email subscription to the TSBP Newsletter is now available on the Board’s website. Once an issue is available, an email will be sent to self-subscribed users. Anyone who has signed up will receive an email indicating that a new Newsletter is available along with a link to the Newsletter. This is a free subscription. To subscribe, go to the following web address and sign up! http://www.tsbp.state.tx.us/subscribe.htm TSBP will not share your email address with other third parties.
Winter 2013
Joyce A. Tipton, R.Ph. Houston Charles F. Wetherbee Boerne Gay Dodson, R.Ph. Executive Director/Secretary