STATE OF VERMONT SECRETARY OF STATE OFFICE OF PROFESSIONAL REGULATION BOARD OF PHARMACY

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1 EEN, It actice 'elevant, muary SECRETARY OF STATE OFFICE OF PROFESSIONAL REGULATION BOARD OF PHARMACY IN RE: WILLIS J. B~ License No.: 0 JR.~ ) ) Docket No.: RX ) STIPULATION AND CONSENT ORDER ~lie NOW COME t State of Vernlont, through prosecuting attorney Robert ~. Backus and therespondent, Willis J. Breen, Jr., R.Ph., in person and through hismie attorney, Steph Foley, and enter into the following stipulation and consent agreement. Agreement The Respondent agrees not to contest the charge against him nor the facts presented in sui'port of that charge. Respondent understands that based on this:oard agreement the t will enter the order set out below. Board Authority 1) The V enn complaints of ~ 2052; 3 V.S.A; Board ofpharnlacy has jurisdiction to investigate and adjudicate lprofessional conduct pursuant to 26 V.S.A. 2032, 2051 and} 129 and 129a; and the Board ofpharnlacy Rules. 2) Failing to pr c9mpetently by reason of any cause on a single occasion. 1:'ailure to practi' ~e competently includes failure to conform to the essential standards of acci~table and prevailing practice. 3 V.S.A. 129a(b )(2). Facts 3) Respondent, Willis J. Breen, Jr., of North Ferrisburgh, Vennont, is licensed by the State ofvenj!lont as a phamlacist under license number ) Respondent,t f license was originally issued on March 5, 1986 and!ense Respondent's Iic is currently set to expire on July 31, ) At all times t Drugs, Inc. loca~' the Respondent was employed as a pharmacist at Kinneyed in Williston, VenIlont. 6) on or about J, 11, 2003, during his shift at Kinney Drugs, Inc, two of the Respondent's co-workers, A.B. and D.D. noticed that Respondent had a clear odor of alcohol onms Dreath. 1

2 ..A. 7) Responde convicted actually co ~ t had reported on his July 2003 renewal fonil that he had been,fdill and Negligent Operation in January 2003 (Respondent wasivicted on March 12,2003). 8) ImmediateJ v after the incidents which resulted in the criminal charges Responden: ~ took active steps to address what he considered to be an alcohol problem, asoutlined below. 9) Upon info nation and belief, Respondent entered the alcohol treatmentmaple program at ~ LeafFann on January 23, 2003 and Respondent was dischargedtom Maple Leaf Farm on February 1, ) Upon infon 1ation and belief, Respondent entered the alcohol treatment program at J)ay One on February 5, As of October 31,2003, Respondent had completed 21 hours of Level n and 13.5 hours of Level I counseling IIt Day One. He has since completed the program but continues in counseling. 11) On or abou~january 28,2004, Respondent infoffiled Investigator West that he currently a ds counseling sessions at Day One once per week and attends AA meetin s twice per week. Charges A. The above ~l~,?~ssions and/or circwnstan~es described above, constitute grounds f rliiscipline because Respondent violated: i. 3 V 129a(b )(2) (Failing to practice competently by reason of any cause on a single occasion. Failure to practice competently includes failure to confolm to the essential standards of acceptable and prevailing practice). Understandings 12) The parties understand that the tennsofthis Stipulation and Consent Order are continge t upon review and acceptance by the Board and that if the Board rejects any rtion the entire Stipulation and Consent Order shall be null and void. 13) Respondent lag read and reviewed this document fully and agrees that it contains the fntire agreement between the parties. 14) This Stipulal Ion and Consent Order is entered into voluntarily by Respondent after the opp:>rtunity to consult with legal counsel. Respondent has not beenrlyone coerced by a into signing this Stipulation and Consent Order andraives voluntarily v his right to a contested hearing in this matter. 2

3 -#0'( : mderstands 16) The Respotldent waives any claim that the Board is biased as a result of reviewing 1his stipulation and could not afford him a fair and impartial hearing should it re ect this stipulation. CONSENT ORDER The Board of armacy FINDS as follows: 17) The Respo dent has agreed that the Board may find the facts set out above as established. 18) The Respo enthas furtller agreed that these facts, iffound, would constitute a sufficient b is for discipline. 19) Accordingl the Board finds that, the Respondent failed to comply with 3 V.S.A. 12 a(b)(2) and thus engaged in unprofessional conduct. 2.0) Based on th~ above stipulation it is ORDERED as follows: 1 he Board hereby REPRIMANDS the Respondent. I 21) The final dit osition of the complaint against Respondent is public and the Commissio may notify other states of its disposition as provided in 3 V. S.A. 129(a)(7). that this Stipulation and Consent Order will remain ensing file and may be used for purposes of detennining sanctions in any futuredisciplinary matter. 22) Respondent part of his Ii ~ AGREED TO: I Dated: by: Dated: by: ~~~~~~~:: = _.!d:?2~~ Willis Breen Respondent by: rv~ St~phanie Eoli1'Y Attorney for Respondent 3

4 -_~1L~io APPROVED; by: ~j~~~~~~~ <::::::...~:::~~~ '/? ~ /1 I ~ v~~ - Date of Entry: i ---;- Montpelier. VT

5 'actice ~'mpiy SECRETARY OF STATE OFFICE OF PROFESSIONAL REGULATION BOARD OF PHARMACY IN RE: ) WILLIS J. B EN, JR. ) Docket No.: RX License No.: ) SPECIFICATION OF CHARGES -- NOW COMESI.th.e State ofvennont and makes the following Charges againsthe Respondent, wiilhs J. Breen, Jr., R.Ph.: 1) The vemt complaints of, 2052; 3 V.S.A. Board Authority it Board of Ph.tm1acy has jurisdiction to investigate and adjudicate.1professional conduct pursuant to 26 V.S.A. 2032, 2051 and 129 and 129a; and the Board ofphannacy Rules. I 2) Failing to p competently by reason of any cause on a single occasion or on multiple occ lsions may constitute unprofessional conduct. Failure to practice1udes competently in ' performance of unsafe or unacceptable patient or client care, and failure to c Inform to the essential standards of acceptable and prevailing practice. 3 V.S A. 129a(b)(1) and (2). 3) Incapacity ~j:" a nature that prevents a phamlacist from enga~g in the practice of pharmacy Wi h reasonable skill, competence and safety to the public is unprofessional ~ onduct upon which the Board may base disciplinary action. 26I. V.S.A. 2051(2 4) Failing to cd with provisions of federal or state statutes or rules governing the practice oftj e profession is unprofessional conduct upon which the Board may base disciplinar: action. 3 V.S.A. 129a(a)(3). Facts 5) Respondent. Willis J. Breen, Jr., of North Ferrisburgh, Vermont, is licensed by the State ofven nont as a phannacist under license number ) Respondent 1s license was originally issued on March 5,1986 and Respondent's li~ ':ense is currently set to expire on July 31, ) At all times relevant, the Respondent was employed as a pharmacist at Kinney Drugs, Inc. loca ed in Williston, Vermont. : 1

6 8) On or about January 11,2003, Respondent was under the influence of alcohol during his smn at Kinney Drugs, Inc. Two of the Respondent's co-workers, A.B. and D.D., gavewritten statements to Kinney Drugs, Inc. that Respondent had an odor of alcoho~ on Respondent's breath. 9) On or abo1 December 29,2003, A.B. informed State Investigator Ron West that the Respo dent had approved the prescriptions that. went out on January 11, ) On or abou January 28,2004, Respondent advised Investigator West that he has had a prob1 m with alcohol and that he considers himself an alcoholic. 11) By way of.story, Respondent had reported on his July 2003 renewal form that he had bee convicted ofdui and Negligent Operation in January ) Certified re~ords indicate that at the time of Respondent's arrest for these convictions, hislblood alcohollevel was ) Upon inforn lation and belief, Respondent entered the alcohol treatment program at Map Ie Leaf Farm on January 5, 2003 and Respondent was discharged from Maple LeafFarm on February 1, ) Upon info~tion and belief, Respondent entered the alcohol treatment program at Day e on February 5,2003. As of October 31,2003, Respondent had completed 1 hours of Level n and 13.5 hours of Level I counseling at Day One. 15) On or about~anuary 28, 2004, Respondent infoniled Investigator West that he currently attend counseling sessions at Day One once per week and attends AA meetings twice er week. Charges A. The above ~ts, omissions and/or circumstances described above, constitute grounds for 1iscipline because Respondent violated: Montpelier. VT i. 3 V..A. 129a(b )(1) and (2) (Failing to practice competently by reason of any caise on a single occasion or on multiple occasions may constitute unprofesional conduct. Failure to practice competently includes perfoffi1.ice of unsafe or unacceptable patient or client care, and failure to confoffi1 0 the essential standards of acceptable and prevailing practice); and ii. 26 V A. 2051(2) (Incapacity ofanature that prevents aphannacistlging from eng: in the practice ofphannacy with reasonable skill,ce compete~ and safety to the public); and 2

7 .S.A. I ~ ~~~ ii. 3 V 129a(a)(3)(Failing to comply with provisions offederal or state st: ltutes or rules governing the practice of the profession). Relief Requested WHEREFO~ ~, the license of Willis J. Breen, Jr. should be revoked, suspended, ;onditioned or otherwise disciplined. reprimanded, ~ I Dated at Montipelier, Vermont this ~ day of ~ "..{ \A,..., By: -~ State Prosecuting A rx.breen.soc 3