TEXAS STATE BOARD OF PHARMACY DISCIPLINARY ACTIONS September 2012 - February 2013 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. 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 the Board on 0-05-13: license suspended 4-1: license revoked. PHARMACIES), and PHARMACIST- under conditions. Barbour Neighborhood Pharmacy, INTERNS LLC, Pharmacy License No. 7467, AGREED BOARD ORDERS Houston, TX. Pharmacy Owner requested TEMPORARY SUSPENSION ORDERS revocation of Pharmacy License in lieu of Jordyn Laine Chapman, Pharmacist further disciplinary proceedings regarding Esther H. Cohen, Pharmacist License License No. 456. Licensee requested allegations pending before the Board. No. 159. Continuing threat found: as revocation of Pharmacist License in lieu of Agreed Board Order accepted by licensee pharmacist-in-charge, allowed a pharmacy further disciplinary proceedings regarding and entered by the Board on 10-6-1: technician to dispense prescriptions in allegations pending before the Board. license revoked. the absence of a pharmacist. Temporary Agreed Board Order accepted by licensee New England Compounding Center, Suspension Order entered 1-1-1: and entered by the Board on 09-5-1: Pharmacy License No. 866, Framingham, license suspended until further Order of the license revoked. MA. Pharmacy Owner requested Board. Southwest Pharmacy, Pharmacy License revocation of Pharmacy License in lieu of Medicine Shoppe, Pharmacy License No. 7605, Houston, TX. Pharmacy Owner further disciplinary proceedings regarding No. 17595, Houston, TX. Continuing threat requested revocation of Pharmacy License allegations pending before the Board. found: a pharmacy technician dispensed in lieu of further disciplinary proceedings Agreed Board Order accepted by licensee prescription medications in the absence of a regarding allegations pending before the and entered by the Board on 11-05-1: pharmacist. Temporary Suspension Order Board. Agreed Board Order accepted by license revoked. entered 1-1-1: license suspended until licensee and entered by the Board on 10- Absolute Discount Pharmacy, Inc., further Order of the Board. 4-1: license revoked. Pharmacy License No. 7113, Houston, GM Pharmacy, Pharmacy License No. TX. Corporate Manager requested PUBLIC BOARD ORDERS 734, Houston, TX. Pharmacy Owner revocation of Pharmacy License in lieu of requested revocation of Pharmacy License further disciplinary proceedings regarding Anne Akinyi Odima, Pharmacist License in lieu of further disciplinary proceedings allegations pending before the Board. No. 40536. Violation Adjudicated: non- regarding allegations pending before the Agreed Board Order accepted by licensee compliance with previously entered Agreed Board. Agreed Board Order accepted by and entered by the Board on 01-4-13: Board Order. Board Order entered by the licensee and entered by the Board on 10- license revoked. Board on 11-06-1: prior Order set aside, 4-1: license revoked. Sugar Pine Pharmacy, Pharmacy license suspended under conditions. Peachtree Pharmacy, Pharmacy License License No. 7395, Houston, TX. Licensee Edward Hamilton Allen Jr., Pharmacist No. 7391, Houston, TX. Pharmacy Owner requested revocation or change of License No. 0694. Violation Adjudicated: requested revocation of Pharmacy License ownership of Pharmacy License in lieu of disciplinary action taken by the Ohio State in lieu of further disciplinary proceedings further disciplinary proceedings regarding Board of Pharmacy on licensee’s Ohio regarding allegations pending before the see DISCIPLINARY ACTIONS pharmacist license. Board Order entered by Board. Agreed Board Order accepted by on page licensee and entered by the Board on 10- Texas State Board of Pharmacy • Summer 2013 in-charge and managing officer, allowed a year probation, fined $5000, and must pharmacy technician, in the absence of a employ a pharmacist consultant to perform HIPDB pharmacist, to perform duties that may only monthly visits to evaluate the pharmacy’s The Health Insurance Portability and be performed by a pharmacist. Agreed operation. Accountability Act of 1996 established Board Order accepted by licensee and Eric Darnell Emerson, Pharmacist entered by the Board on 0-05-13: prior License No. 3173. Alleged violations: the Healthcare Integrity and Protection Order set aside, license suspended under dispensing error and failed to evaluate Data Bank (HIPDB), a national conditions and license fined $000. and identify the clinically significant route healthcare fraud and abuse data The Medicine Shoppe, Pharmacy License of administration. Agreed Board Order collection program. In order to implement No. 17595, Houston, TX. Alleged violation: accepted by licensee and entered by the alleged violation by Esther H. Cohen (see Board on 0-05-13: license reprimanded; HIPDB, the U. S. Department of Health above). Agreed Board Order accepted by fined $1000; and must obtain additional and Human Services adopted rules licensee and entered by the Board on 0- hours of CE. that require all state health licensing 05-13: prior Order superseded, license CVS/Pharmacy #7675, Pharmacy agencies to report disciplinary actions suspended for 90 days and pharmacy must License No. 4917, Red Oak, TX. Alleged close or undergo a change-of-ownership violations: failed to provide verbal patient imposed on its licensees. The within 90 days; if not, license revoked. counseling; inaccurate records; and alleged Texas State Board of Pharmacy Michael Olaoluwapo Adetula, Pharmacist violations by Eric Darnell Emerson (see (TSBP) is required to submit reports License No. 30605. Alleged violations: as above). Agreed Board Order accepted by to HIPDB regarding all disciplinary pharmacist-in-charge and officer, allowed licensee and entered by the Board on 0- pharmacy technicians, in the absence of 05-13: license placed on -year probation actions taken against pharmacists, a pharmacist, to perform duties that may with conditions; fined $3500; and must pharmacies, pharmacist-interns, and only be performed by a pharmacist and to develop and implement a Continuous pharmacy technicians. After HIPDB perform duties that may only be performed Quality Improvement Program (to include receives a report from TSBP, HIPDB under the direct supervision of a pharmacist. peer review) for purposes of preventing and Agreed Board Order accepted by licensee handling dispensing errors. will send a copy of the report to the and entered by the Board on 0-05-13: Walgreen Co. #4078, Pharmacy License licensee. The licensee will be given license suspended for 30 days followed by No. 384, Katy, TX. Alleged violations: the opportunity to respond to the report. 3-year probation with conditions. dispensing error and failed to provide Professional Plaza Pharmacy, Inc., adequate security for confidential patient DISCIPLINARY ACTIONS Pharmacy License No. 19614, DeSoto, records. Agreed Board Order accepted by continued from page 1 TX. Alleged violations: failed to properly licensee and entered by the Board on 11- keep and maintain adequate pharmacy 06-1: license placed on -year probation allegations pending before the Board. records; failed to provide verbal patient with conditions and fined $1000. Agreed Board Order accepted by licensee counseling; failed to identify clinically Chikezie Ikenna Iwundu, Pharmacist and entered by the Board on 09-13-1: significant overutilization of drugs and License No. 41545. Alleged violations: pharmacy must close or undergo a change- alleged violations by Michael Olaoluwapo dispensing error and failed to evaluate and of-ownership within 90 days; if not, license Adetula (see above). Agreed Board Order identify clinically significant high dosage. revoked. accepted by licensee and entered by the Agreed Board Order accepted by licensee