BEFORE THE IOWA BOARD OF PHARMACY Re: ) CaseNo. zoog-tg6 PharmacyTechnician Registration of ) JODI LYNN NEEDIIAM ) STATEMENT OF CHARGES Registration No. roor7, ) Respondent ) COMES NOW, the Complainant,Lloyd K. Jessen,and states: t. He is the Executive Director of the Iowa Board of Pharmacyand files this Statement of Chargessolely in his official capacity. 2. The Board hasjurisdiction in this matter pursuant to Iowa Code Chapters L47,ISSA and zTzC (zoo9). 3. ' The Board issuedJodi Lynn Needham,hereinafter "Respondent," pharmacy technician registration number roor7, registering her as a pharmacy technician subject to the laws of the State of Iowa and the rules of the Board. Respondent'sregistration was last renewed on August 6, 2OO7. 4. Respondent'sregistration expired on June 30, 2o1o. S. At all times material to this Statement of Charges,Respondent was employed as a pharmacy technician at GenesisMedical Center Pharmacy, tzzT E. RusholmeStreet, Davenport, Iowa 528o3. A. CTIARGES COUNTI _ INABILITY TO PRACTTCEDUE TO CHEMICALABUSE Respondentis chargedpursuant to IowaCode $ l55,4'.6,4'(5)(2009), and 657 Iowa AdministrativeCode $ 36.1(a)(m)with theinability to practiceas a pharmacytechnician, with reasonableskill andsafetv. due to chemicalabuse. COUNTII _ I.]NLAWFULPOSSESSIONAND DISTRIBUTIONOF DRUGS Respondentis chargedpursuant to IowaCode $$ 126.308and 1554.64(5) (2009), and 657lowa AdministrativeCode $$ 36.1(4Xh)and 36.1(4Xi), with possessionand distribution of prescriptiondrugs, including controlled substances, for otherthan lawful purposes. COUNTIII _ VIOLATINGLAWS RELATEDTO PHARMACY Respondentis chargedpursuant to IowaCode $ 1554.64(5)(2009) and 657 Iowa Administrative Code$ 36.1(4Xi)with violatingstate laws related to thepractice of pharmacy;specifically, laws relatingto possessionand distribution of controlledsubstances found at IowaCode $ 124.403. B. CIRCUMSTANCES On or about Decemberr,2oog, an investigationwas commencedwhich revealedthe following: 1. At all material times, Respondentwas employed as a technician at GenesisMedical Center Pharmacy (hereinafter, "Genesis"),tzzT E. Rusholme Street, Davenport, Iowa 52803. 2. Genesisemployees noticed shortagesof Hydromet and Tussionex. An audit revealed that 36.4 pints of Hydromet and ro.6 pints of Tussionexwere unaccountedfor. 3. Respondentadmitted to Genesisemployees and to the Board'scompliance officer that she had diverted drugs from the Genesispharmacy, but denied diversion of the quantities that were missing. 4. Analysis of a urine sample provided to Genesisby Respondentindicated hydrocodoneuse in excessof the use claimed by Respondentto be connectedto legitimate dental care. WHEREFORE, the Complainant prays that a hearing be held in this matter and that the Board take such action as it may deem to be {ppropriate u the law. ExecutiveDirectot' On th day of oro, the Iowa Board of Pharmacyfound probable causeto file this Chargesand to hearinrrin this case. I -u(av ON H. N, Chairperson IowaBoard of Pharmacy 4oo SWEighth Street,Suite E DesMoines, Iowa 5o3o9-4688 cc: Scott M. Galenbeck Assistant Attorney General Hoover State Office Building DesMoines, Iowa Needham-techSOC 7-10 VOLI.]NTARY SURRENDER OF PTIARMACY TECHNICIAN REGISTRATION I, Jodi Lynn Needham, a resident of Davenport, Iowa, of my own free will and without any mental reservationand not as a result of any inducement,promise or threat on the part of anyone, do hereby voluntarily surrender my pharmacy technician registration in the State of Iowa, number Loor7,to the Iowa Board of Pharmacy,for an indefinite period of time. This surrender of registration shall become effective upon the notarized signature of the registrant, Jodi Lynn Needham,being affixedto this voluntary surrenderdocument. I, Jodi Lynn Needham, of my own free will and without any mental reservation and not as a result of any inducement, promise or threat given or made by any representative,officer, or employeeof the Iowa Board of Pharmacy, or of any other state official, do hereby further acknowledgethat by voluntarily signing this surrender statementthat I am knowingly and willingly giving up the exerciseof the following legal rights: (t) My right to a formal hearing before the Iowa Board of Pharmacyon the matter of my continued registration as a pharmacytechnician pursuant to Iowa CodeChapter 155,4' (zoog). (z) My right to be representedby an attorney in preparation for and during suchformal hearingbefore the Iowa Boardof Pharmacy. (S) My right to submit evidence and to have witnesses called on my own behalf at suchformal hearing. (+) My right to be representedby an attorneyin this matter at this time. I, Jodi Lynn Needham, do hereby acknowledgethat pursuant to 657 Iowa Administrative Code5 36.25, a pharmacytechnician registration which has been voluntarily surrenderedshall be considereda revocationof licensewith respectto a requestfor reinstatement,which will be handledunder the terms establishedby 657lowaAdministrative Code$ 96.23,which providesas follows: Any person ... whose pharmacy technician registration ... has been revoked or suspended must meet the following eligibility requirements: r. Must have satisfiedall the terms of the order of revocationor suspensionor court proceedingsas they apply to that revocationor suspension. If the order of revocation or suspension did not establish terms and conditions upon which reinstatement might occur, or if the license, registration, or permit was voluntarily surrendered,an initial application for reinstatement may not be made until one year has elapsedfrom the date of the board's order or the date ofvoluntarv surrender. 3. AII proceedingsfor reinstatement shall be initiated by the respondent who shall file with the board an application for reinstatement of the license, registration, or permit. Such application shall be docketed in the original case in which the license, registration, or permit was revoked, suspended, or relinquished. All proceedings upon petition for reinstatement, including all matters preliminary and ancillary thereto, shall be subject to the same rules of procedure as other casesbefore the board. The board and the respondent may informally settle the issue of reinstatement. The respondent may choose to have an informal reinstatementconference before the board, as provided in ruie 657- g.z4 (t7A,rz4B,t47,tSSA,z7 zC). 4. An application for reinstatement shall allege facts which, if established,will be sufficient to enable the board to determine that the basisfor the revocationor suspensionno longer existsand that it will be in the public interest for the license,registratioll, or permit to be reinstated. The burden of proof to establishsuch shall be on the respondent. S. An order for reinstatementshall be basedupon a dec which incorporates findings of facts and conclusions of law and must be basedupon the affirmativevote of a quorum of the This order shall be available to the public as provided in 6sz Chapterr4. I, Jodi Lynn Needham, hereby further agree that I shall not engage anv of the practicesof a pharmacytechnician in the Stateof Iowa for which a required. Date of signature Jodi n Need Stateof frZt-OofS County of Kdaz -Bz,aJd Signedand sworn to (or affirmed) before me on 37 byJodi Lynn Needham. (Date) aARe?';XffdR?bonv ilgw;ii11s,:U#,Fiill*fr BEFORE THE BOARD OF PHARMACY OF THE STATE OF IOWA Re: ) ORDER PharmacyTechnician Registration ) ACCEPTING JODI LYNN NEEDHAM ) SURRENDER RegistrationNo. 10017 ) PHARMACYTECHN IAN REGISTRATIO COMES NOIV',YemonH. Benjamin,Chairperson of the Iowa Board Pharmacy,on the 3rd day of Novembe\2010, and declarest hat: I . On October27 ,2010, Respondentexecuted a voluntary surrenderof pharmacy technician registration number I 0017. 2. OnNovember 3, 2010,the Board reviewed Respondent's voluntary herpharmacy technician registration and agreed to acceptit. This surrender,pursuant to 657IowaAdministrative Code $ 36.15,shall considereda revokedlicense with respectto any futurerequest for reinstate Any requestfor reinstatementwill be handledunder terms establishedby 657 Iowa AdministrativeCode $ 36.13. WHEREFORE, it is hereby orderedthat Respondent'svoluntary Iowapharmacy technician registration number 10017 is t/ttzut\ VERNON H. BENJAMN. Chai.