Thursday, July 4, 2013

Oklahoma Board of Pharmacy Steps Up Pace on Disciplinary Action Against Compounding Pharmacies and Pharmacists Including Larry Kirkpatrick PIC and Vivien L. Grose of Red Cross Pharmacy; and Pharmacy of Pocola for fraudulent billing of compounding (2 cases 138 and 137 counts)


Disciplinary Actions
For more information, you may view hearing minutes at
www.pharmacy.ok.gov.
13.28. April 11, 2013 Board Hearing
Shannon Monteggia, Technician #17249 – Case No.
1160: Did not contest one violation of failure to obtain a
pharmacy technician permit prior to performing pharmacy
technician duties in a pharmacy. Permit placed on probation for ninety (90) days
and must attend a law seminar
in 2013. (Agreed Order)
Jason Lee O’Neal, DPh, #14970 – Case No. 1161: Did
not contest one violation of failure to supervise pharmacy
employees. Fine of $500, must attend law seminar in
addition to the required 15 hours of CE in 2013 and
2014, and all CE for 2013 and 2014 must be live. (Agreed
Order)
Ben Blackburn, DPh, #12179 – Case No. 1162: Did not
contest two violations of failure to supervise pharmacy
employees. Fine of $500, must attend law seminar
in addition to the required 15 hours of CE in 2013
and 2014, and all CE for 2013 and 2014 must be live.
(Agreed Order)
Walgreens No. 02361, #2-4841 – Case No. 1163: Did not
contest two violations including failure to maintain effective controls
against misfills and failure to supervise pharmacy employees. Fine: $6,000. (Agreed Order)
Ashley Howard, Technician #16063 – Case No. 1164:
Admitted guilt on four violations including theft of CDS
and possession of a CDS without a prescription resulting
in the loss of over 4,200 doses of CDS to the pharmacy
where she worked. Revoked. (Agreed Order)
Timothy Osborn, Technician #16150 – Case No. 1165:
Found guilty on five violations including theft of CDS
and possession of a CDS without a prescription. Revoked.
Dana Thompson, Technician #14550 – Case No. 1166:
Admitted guilt on four violations including theft of CDS
and possession of a CDS without a prescription. Revoked.
(Agreed Order)
Anthony Owens, DPh, #10513 – Case No. 1167: Admitted
guilt on five violations including failure to report disciplinary
action in another state, using an illegal CS, and
falsifying information on a pharmacist renewal. Indefinite
suspension. (Agreed Order)
Mercy Hospital Tishomingo, Inc, #61-6202 – Case No.
1168: Neither admitted nor denied guilt on three violations
including failure to be licensed, to obtain a license in a
timely manner after a change of ownership, and failure to
have a PIC. Fine: $9,000. (Agreed Order)
Wal-Mart Pharmacy No. 10-2804, #1-4460 – Case No.
1169: Neither admitted nor denied guilt on three violations
including failure to maintain effective controls against diversion
resulting in the loss of 9,788 doses of hydrocodone
products. Fine: $9,000. (Agreed Order)
Norman Regional Hospital Pharmacy, #7-523 – Case No.
1170: Admitted guilt on five violations including failure
to provide effective controls against theft and diversion
of CS and failure to maintain adequate records resulting
in the loss of over 4,200 doses of CDS. Fine: $6,000.
(Agreed Order)
13.29. May 15, 2013 Board Hearing
Doug Sisemore, DPh, #9159 – Case No. 1156: Admitted
guilt on 10 violations while acting as PIC of Reliable
Pharmacy including failure to establish and maintain effective controls
against the diversion of prescription drugs
and failing as pharmacy manager to be responsible for all
aspects of the pharmacy operation including the proper
record keeping system for drugs. Probation for five (5)
years and $10,000 fine. Must attend a law seminar in
addition to the required 15 hours of CE in 2013 and
2014 and all CE during the calendar years of 2013,
2014, and 2015 must be live CE. (Agreed Order)
Reliable Discount Pharmacy, Inc, #1-3893 – Case No.
1156: Admitted guilt on nine violations including failure
to properly maintain the required inventories and records
of CDS. Fine: $10,000. (Agreed Order)
Cindy Hudgins, Technician #13646 – Case No. 1171:
Admitted guilt on three violations including theft of CDS
and possession of a CDS without a prescription which
resulted in the loss of 1,097 doses of Schedule II CDS and
217,154 doses of Schedule III CDS to the pharmacy where
she worked. Revoked. (Agreed Order)
Sooner Pharmacy, Inc, of Tishomingo, #61-3493 – Case
No. 1172: Admitted guilt on 445 violations including
failure to provide effective controls and procedures to
guard against theft and diversion of CDS resulting in the
loss of 1,097 doses of Schedule II CDS and 217,154 doses Page 5 – July 2013
of Schedule III CDS. Probation for five (5) years and
$40,000 fine. (Agreed Order)
Michael Roy LaFevers, DPh, #9728 – Case No. 1173:
Admitted guilt on 447 violations while acting as PIC of
Sooner Pharmacy including failure as pharmacy manager
to establish and maintain effective controls and procedures
to guard against theft and diversion of CDS resulting in
the loss of 1,097 doses of Schedule II CDS and 217,154
doses of Schedule III CDS. Probation for five (5) years
and $15,000 fine. Must attend a law seminar in addition
to the required 15 hours of CE in 2013 and 2014 and
all CE must be live while on probation. (Agreed Order)
CVS/Pharmacy No. 08312, #26-5406 – Case No. 1174:
Admitted guilt on two violations including failure to keep
adequate records regarding 1,887 doses of controlled drug
substances. Fine: $3,000. (Agreed Order)
Brandon Maples, DPh, #13275 – Case No. 1175: Admitted
guilt on nine violations including administering drugs that
were not dispensed on orders from a prescribing practitioner. Indefinite suspension. (Agreed Order)
Red Cross Drug, #47-4751 – Case No. 1176: Admitted
guilt on 16 violations including failure to assign correct
beyond-use dates for sterile compounded drugs. Probation
for five (5) years and $20,000 fine. Parenteral permit is
suspended indefinitely. (Agreed Order)
Larry Kirkpatrick, DPh, #7942 – Case No. 1177: Admitted guilt on eight violations
while acting as PIC of Red Cross Drug including failure to assure compliance with
sterile compounding rules. Probation for five (5) years
and $1,000 fine. Must attend a law seminar in addition
to the required 15 hours of CE in 2013 and 2014 and
all CE must be live while on probation. (Agreed Order)
Vivien L. Grose, DPh, #11361 – Case No. 1178: Admitted
guilt on 34 violations while employed by Red Cross Drug
including failure to assign correct beyond-use dates for
sterile compounded drugs, and failure to assure compliance
with sterile compounding rules. Probation for five
(5) years and $2,000 fine. Must attend a law seminar
in addition to the required 15 hours of CE in 2013
and 2014 and all CE must be live while on probation.
(Agreed Order)
Ashley Weathers, Technician #2075 – Case No. 1179:
Admitted guilt on five violations including theft of personal
prescriptions and failure to notify the Board of address
change. Revoked. (Agreed Order)
Allen Community Pharmacy, #23-5285 – Case No. 1180:
Admitted guilt on nine violations including filling or refilling prescriptions for dangerous drugs without authorization
of a practitioner and failure to establish and maintain effective controls against the diversion of drugs. Probation
for five (5) years and $20,000 fine. (Agreed Order)
David Campbell, DPh, #12885 – Case No. 1181: Admitted guilt
on five violations
while acting as PIC of Allen
Community Pharmacy including failure to ensure that prescription
drugs are issued “by an authorized practitioner”
and failure to establish and maintain effective controls
against diversion of drugs. Probation for five (5) years
and $10,000 fine. Must attend a law seminar in addition
to the required 15 hours of CE in 2013 and 2014 and
all CE must be live while on probation. (Agreed Order)
Clay Haisten, DPh, #11522 – Case No. 1182: Admitted
guilt on 138 violations while acting as PIC of The Pharmacy of Pocola
including knowingly billing or charging
“for a brand when a generic or compounded product is
dispensed,” submitting fraudulent billing to a third-party
payer of prescription drugs, and compounding drug products
that are commercially available. Fined $15,000 and
remains on probation until October 3, 2017. Must attend a law
seminar in addition to the required 15 hours
of CE in 2013 and 2014 and all CE must be live while
on probation. (Agreed Order)
The Pharmacy of Pocola, #19-4449 – Case No. 1183:
Admitted guilt on 137 violations including submitting
fraudulent billing, and compounding drug products that
are commercially available. Probation for five (5) years
and $15,000 fine. (Agreed Order)

quoted from Oklahoma Board of Pharmacy July 2013 Newsletter


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