STATE OF VERMONT SECRETARY OF STATE OFFICE OF PROFESSIONAL REGULATION BOARD OF PHARMACY STIPULATION AND CONSENT ORDER STIPULATION.

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1 :MACY ms SECRETARY OF STATE OFFICE OF PROFESSIONAL REGULATION BOARD OF PHARMACY IN RE: BROOKS PHAI License No.: 038. # Docket No.: RX STIPULATION AND CONSENT ORDER STIPULATION NOW CO~ the State of Vermont, through State, Robert H. Backus, and th~ ~ Respondent, Brooks Pharmacy #807, who stipulate and agree as follows: Board Authority 1. The Vermo tlt Board of Pharmacy has jurisdiction to investigate and adjudicate complaints of unpj:ofessional conduct pursuant to 26 V.S.A. 2032, 2051 and 2052; 3 V.S.A. 129 and 129a; the Rules of the Vemlont Board of Pharmacy; and the Rules of the Prote ~ssional Regulation. 2. Failing to CImply with provisions of federal or state statutes or rules governing the practice of the profession is a basis upon which the Board can impose disciplinary action. 3 V.S.A. ~ 129a(a(3. 3. The duties ~ md responsibilities of a phannacist-manager are set forth in the Rules of the Vennont Bo,ard ofphannacy, Part B, Sections 4 and No person s: hall operate a phannacy without a pharmacist-manager. Rules of the Vemlont Board of Pharmacy, Part B, Section 18, Rule Thephanna, cist-manager shall be manager of only one drug outlet and shall workof at least 30 percent the hours the prescription department is open or at least 40 hours per week, whichever is less. Rules of the Vermont Board of Pharmacy, Part B, Section 4, Rule The outgoing phamlacist-manager shall notify the Board ofphamlacyf immediately of an; change of employment or responsibility as the pharmacy-manager within 48 hours, atld the outgoing and incoming phamlacist-managers shall notify the Board, in writing, regarding his or her change in employment. Rules of the Vermonty, Board ofphanilac: Part B, Section 18, Rule (A(I. 7. Failing to pi:actice competently by reason of any cause on a single occasion or on multiple occasionsmay constitute unprofessional conduct. Failure to practice 1

2 :.unacceptable patient or client care, and IaIlure to conform to the essential standards of acceptable and prevailing practice. 3 V.S.A. Statement of Facts 8. The as a retail phannacy by the State ofvennont under license number Respondent was originally licensed on July 15, 1981 and Respondent's license is currently set to expire on July 31, On April 12, 2004, the Board ofphannacy received in the mail from the Respondent an Application to Change Phannacist-Manager. On the application, the manager listed as leaving was J.L. The new manager was listed as S.R. 11. As of the date of the application, the BoardofPhannacyrecords had J.R. listed as phannacist-manager. The Board ofphannacy does not have an application on file from the Respondent changing the phannacist-manager from J.R toj.l. Additionally, J.R. has been listed in the Board's records as the phannacist-manager of Rite Aid Phannacy #4973 since July 24, On or about June 18,2004, C. Daniel Haron, R.Ph., who is the Vice President of Phannacy and Professional Affairs for Brooks Phannacy, advised State Investigator Michael Colgan that J.R.'s employn;ient with the Respondent tenninated on July 3,2003 and that according to an Application to Change Phannacist-Manager that they have within their file, J.L. replaced J.R. as phannacist-manager at Brooks Pharmacy on July 23,2003. J.R.'s signature is not on this application and it was apparently never sent to the Board. Mr. Haron stated that "there was an administrative breakdown in this Phannacist-In-Charge change for this location." 13. Mr. Haron also advised Mr. Colgan that J.L.'s employment with the Respondent terminated on September 16,2003. However, on the application received by the Board on April 12, 2004, J.L.'s signature on the application as the leaving pharmacist is March 29,2004. S.R.'s signature as the new phannacist-manager is March 30, As such, the Respondent did not have an application on file with the Board naming J.L. or any other person as phannacist-manager from the date J.R. left on July 3, 2003 through March 30, Additionally, the Respondent did not have any phannacist-manager working for it ~om the date J.L. left on September 16, 2003 Prosecutiug Attorney 15. Charges actions described above demonstrate grounds for discipline becausei. 2

3 : i. By fai~ ling to ensure that Application to Change Phannacist-Manager to J.L. was til nely filed with the Board ofphannacy, Respondent violated Rules of the Vermont Board ofphannacy, Part B, Section 18, Rule (A(1; 3 V.S.A. 129a(b(I and (2; and 3 V.S.A. 129a(a(3; and ii. The Rc~spondent failed to employ a phannacist-manager, from September 16, 2003 tjhrough March 30,2004, thus violating the Rules of the Vermont Board ofphajrmacy, Section 4; Rules of the Vermont Board ofphannacy, Section T.S.A. 129a(b(1 and (2; and 3 V.S.A. 129a(a(3.. 18; 3' Understandings 16. Responderut uncerstands that the Board must review and accept the terms of the'the Consent Order. If Board rejects any portion, the entire Stipulation and Consenti Order shall be nuf and void and shall not be admissible at any hearing or other proceeding for an { purpose. 17. Responden1 has read and reviewed this entire document and agrees that it. contains the entire agreeme :nt between the parties. 18. Respondentvoluntarily enters this agreement after the opportunity to consult withis legal counsel and j not being coerced by anyone into signing this Stipulation and Consent Order. 19. Respondent voluntarily waives its right to a contested hearing before the Board. 20. Respondentagrees that the Board may enter the Order set forth below. 21. Respondentagrees to waive any right to appeal from this Order. ORDER Based upon the ~itipulation above, it is ORDERED AND ADJUDGED as follows: A. Respondent': actions described above demonstrate grounds for discipline becauseited:ng Respondent viol; i. By failj to ensure that Application to Change Pharmacist-Manager to J.L. was titr lely filed with the Board of Pharmacy, Respondent violated Rules of the Vermont Board of Pharmacy, Part B, Section 18, Rule (A(1; 3 V.S.A. 129a(b(1 and (2; and 3 V.S.A. 129a(a(3; and ii. The Respondent failed to employ a pharmacist-manager, from September 16, 2003 thirough March 30,2004, thus violating the Rules of the Vermont Boardmacy, ofphar Section 4; Rules of the Vermont Board of Pharmacy, Section 18', 3 V.S.A. 129a(b(1 and (2; and 3 V.S.A. 129a(a(3. B. The Board of~phannacy hereby issues a REPRIMAND on Respondent's licenseis and Respondent required to pay an ADMINISTRATIVE PENALTY OF 3

4 ~ C. ] 1 any respect, the Board, after giving the Respondent notice and an opportunity to be heard, may rescind or modify this Order and impose additional appropriate disciplinary actions. D. This Stipulation and Consent Order is a matter of public record and may be reported to other licensing authorities as provided in 3 V.S.A. 129(a. E. This Stipulation and Consent Order will remain part of Respondent's licensing file and may 1..:. ':L any future disciplinary matter. AGREED TO: Dated: By: Dated: /I/~ y APPROVED VERMONT BOARD OF PHARMACY Dated: ~U Entered: 0+ rx.brookspharmacy.stip 4

5 riacy iall actice SECRETARY OF STATE OFFICE OF PROFESSIONAL REGULATION BOARD OF PHARMACY INRE: BROOKS PHAro License No.: # Docket No.: RX NOW COMES the State ofvern1ont and makes the following Charges against the Respondent, Broo~ :s Pharmacy #807: Board Authority 1. The Vermor It Board ofphannacy has jurisdiction to investigate and adjudicate complaints ofunpf ofessional conduct pursuant to 26 V.S.A. 2032, 2051 and 2052; 3 V.S.A. 129 and: 129a; the Rules of the Vermont Board ofphannacy; and the Rules of the Profe: ssional Regulation. 2. Failing to coimply with provisions of federal or state stariltes or rules governing the practice of the IJrofession is a basis upon which the Board can impose disciplinaryl29a(a(3. action. 3 V.S.A. : 3. The duties a: nd responsibilities of a phannacist-manager are set forth in the Rules of the Vermont Bo. ltd ofphannacy, Part B, Sections 4 and No person sl operate a phamlacy without a phamlacist-manager. Rules of the VenIlont Board of: Phamlacv, Part B, Section 18, Rule The phanna( ;ist-manager shall be manager of only one drug outlet and shall work at least 30 percent ( n th~ hours the prescription department is open or at least 40 hours per week, whichevc~r is less. Rules of the Vermont Board of Pharmacy, PartB, Section 4, Rule The outgoinjg pharmacist-manager shall notify the Board of Pharmacy immediately of any, change of employment or responsibility as the pharmacy-manager within 48 hours, and the outgoing and incoming pharmacist-managers shall notify the Board, in writing, regarding his or her change in employment. Rules of the Vermont Board of Pharmacy" Part B, Section 18, Rule (A(1. 7, Failing to pr competently by reason of any cause on a single occasion or on multiple occasionsmay constitute unprofessional conduct. Failure to practicees competently includ performance of unsafe or unacceptable patient or client care, and:0 failure to conform 1 the essential standards of acceptable and prevailing practice. 3 V.S.A. 129a(b(I I and (2. 1

6 .te Statement of Facts 8. The RespoIJ ldent is licensed as a retail phannacy by the State ofyenilont under license number Respondent was originally licensed on July 15, 1981 and Respondent's license is}ire currently set to exi on July 31, On April 12,2004, the Board ofphannacy received in the mail from the Respondent an ApJplication to Change Phannacist-Manager. On the application, the manager listed as Ieaving was J.L. The new manager was listed as S.R. 11. As of the da phannacist-managl the Respondent ch. has been listed in tj #4973 since July 2. of the application, the :Board ofphannacy records had J.R. listed as~r. The Board of Pharmacy does not have an application on file frommging the phannacist-manager from J.R to J.L. Additionally, J.R.he Board's records as the pharmacist-manager of Rite Aid Phannacy4, On or aboutjune 18, 2004, C. Daniel Haron, R.Ph., who is the Vice President of:essional Phamlacy and Pro1 Affairs for Brooks Phannacy, advised State Investigator Michael Colgan th: it J.R.'s employment with the Respondent terminated on July 3,2003to and that according an Application to Change Phannacist-Manager that they have~. within their file, J.J replaced J.R. as phannacist-manager at Brooks Phannacy on Julygnature 23,2003. J.R.'s sij is not on this application and it was apparently never sent to the Board. Mr. Haron stated that "there was an administrative breakdown in thisrge Phamlacist -In-Cha change for this location." 13. Mr. Haron aiso advised Mr. Colgan that J.L.'s employment with the Respondent terminated on Sept ember 16,2003. However, on the application received by the Board on April12, 2004, J.L.' s signature on the application as the leaving pharmacist is March 29,2004. S.R.'s signature as the new pharmacist-manager is March 30, As such, the Respondent did not have an application on file with the Board naming J.L. or any other person as phannacist-manager from the date J.R. left on July 3, 2003 through Marc:h 30, Additionally, the Respondent did not have any phannacist -manag( ~r working for it from the date J.L. left on September 16, through March 30, Charges Count 1 A. By failing to ensure that Application to Change Phamlacist-Manager to J.L. was:e timely filed with tb Board of Phamlacy, Respondent violated: i. Rulc~s of the VenIlont Board ofphannacv. Part B, Section 18, Rule (A(1; and 2

7 2004. ii. 3 V.S.A. 129a(b(1 and (2; and iii. 3 V.S.A. 129a(a(3. Counts 2-29 B. For each we:ek the Respondent failed to employ a phannacist-manager, from September 16, 2003 through March 30, 2004, Respondent violated: i. Rulesofthe Vermont Board ofphannacy,section 4; and ii. Rutes of the Vermont Board ofphannacy, Section 18; and iii. 3 V.S.A. 129a(b(I and (2; and iv. 3 V.S.A. 129a(a(3. Relief Requested WHEREFORE, the license of Respondent should be revoked, suspended, reprimanded, conditioned or otherwise disciplined. 11 Dated at Montp rx.brooksphannacy.soc 3