AGREED BOARD ORDER RE: IN THE MATTER OF BEFORE THE TEXAS STATE JACK RANDALL MUNN BOARD OF PHARMACY (PHARMACIST LICENSE #23108) On this day came on to be considered by the Texas State Board of Pharmacy the matter of pharmacist license number 23108 issued to Jack Randall Munn. By letter dated May 15, 2009, the Texas State Board of Pharmacy gave preliminary notice to Jack Randall Munn of its intent to take disciplinary action with respect to pharmacist license number 23108 issued to Jack Randall Munn. This action was taken as a result of an investigation which produced evidence indicating that Jack Randall Munn may have violated: Section 562.056; Section 562.112; and Section (2), (12), (13) and (15) of the Texas Pharmacy Act, TEX. OCC. CODE ANN. Subtitle (2007); Section Section (3), (13), (20) and and Section and Section and Section Section Section and Section 295.3 of the Texas Pharmacy Rules, 22 TEX. ADMIN. CODE (2007); and Section 481.074(a) and Section and Section Of the Texas Controlled Substances Act, TEX. HEALTH SAFETY CODE ANN. (2007), in that, allegedly: COUNTS (1) On or about September 17, 2007, through on or about November 13, 2007, Medical Park Pharmacy, 2508 Oak Lawn Ave, Dallas, Texas 75219-4018, ?lled prescriptions for consumers by downloaded prescriptions from the website, wwmadisonnaincliniccom. Jack Randall Munn, while acting as an employee (pharmacist-in-charge) and corporate president of Medical Park Pharmacy, sold controlled substances, listed in Penalty Group 3 and 4 of the Texas Controlled Substances Act, pursuant to invalid prescription drug orders issued by David Hoblit, M.D. Mr. Munn processed 236 invalid prescriptions for controlled substances under the initials, .M., and 1,512 under the initials, AD, 3 registered pharmacy technician?s initials. These prescriptions were mailed to various consumers in 45 states and Washington DC. without legal authorization Agreed Board Order Jack Randall Munn Page 2 (2) The invalid prescription drug orders were issued without face-to-face contact between the physician and patient, which was not within the usual course of professional practice of a physician, because a proper physician-patient relationship had not been established by means of a physical examination and appropriate diagnostic and-laboratory testing. A prescription drug order issued without a proper physician?patient relationship is not a valid prescription. Based on the following factors, Mr. Murm knew or should have known that the . medications were not prescribed pursuant to valid physician-patient relationships: I In a single day, the prescribing physician issued a large number of prescription drug orders for patients in various different states, indicating that a face?to-face examination and a valid physician-patient . relationship were unlikely, if not impossible; . The controlled substances prescribed by the physician had a high potential for abuse, were drugs commonly sought by drug abusers, and had a high street value, indicating that diversion from legitimate medical channels was more likely; a The prescribing physician consistently prescribed in quantities of 60 tablets for hydrocodone products, indicating that the prescription drug orders were not based on an individual patient assessment or medical need; 0 Only one physician was involved, indicating a relationship between the pharmacy and the physician; 0 The patients were in states other than Texas where the pharmacy was licensed and located and the drugs were shipped to these patients, indicating that the physician and/or patient chose this pharmacy because of the relationship between the pharmacy and the physician; and The physician was ultimately subject to administrative prosecution, indicating the prevalence of his prescribing practices. On or about October 9, 2007, through November 13, 2007, Medical Park Pharmacy, 2508 Oak Lawn Ave, Dallas, Texas 75219-4018, ?lled prescriptions for consumers by downloaded prescriptions from the website, Jack Randall Munn, while acting as an employee (pharmacist-in-charge) and corporate president of Medical Park Pharmacy, sold controlled substances, listed in Penalty Group 3 and 4 of the Texas Controlled Substances Act, pursuant to invalid prescription drug orders issued by Jamal Raza, M.D. Mr. Munn processed 5 invalid prescriptions for controlled substances under the initials, .M., and 537 under the initials, A.D., a registered pharmacy technician?s initials. These prescriptions were mailed to various consumers in 36 states and Washington DC. without legal authorization Agreed Board Order Jack Randall Munn Page 3 The invalid prescription drug orders were issued without face-to-face contact between the physician and patient, which was not within the usual course of professional practice of a physician, because a proper physician-patient relationship had not been established by means of a physical examination and apprOpriate diagnostic and laboratory testing. A prescription drug order issued without a proper physician-patient relationship is not a valid prescription. Based on the following factors listed above in Count (1), Mr. Munn knew or should have known that the medications were not prescribed pursuant to valid physician?patient relationships. An informal conference was held in the office of the Texas State Board of Pharmacy on July 16, 2009, with Jack Randall Munn, and William Kim Wade and John V. McShane, Legal Counsel for Jack Randall Munn, in attendance. The informal conference was heard by a Board panel comprised of: Dennis F. Wiesner, Board Member; Gay Dodson, Executive Director/Secretary; and Carol Fisher, M.P.A., Director of Enforcement; with Kerstin E. Arnold, General Counsel. Caroline K. Hotchkiss, Staff Attorney, was also in attendance. At the aforementioned conference, John V. McShane stated he was present for and on behalf of Jack Randall Munn. By their appearance at the informal conference and by their signatures on this Order, Jack Randall Munn and John V. McShane agree that the Texas State Board of Pharmacy has jurisdiction in this matter, and do hereby waive the right to notice of hearing, to a formal administrative hearing, and to judicial review of this Order. After discussion of the matters previously outlined in this Order, and subsequent communications, Jack Randall Munn and John V. McShane agreed to the entry of an Order disposing of the need for further disciplinary action in this matter. By their signatures on this Order, Jack Randall Munn and John V. McShane neither admit nor Agreed Board Order #1 -08-002-A Jack Randall Munn Page 4 deny the truth of the matters previously set out in this Order with respect to the above alleged Violations. Should this Order not be accepted by the Board, it is agreed that neither the presentation of the Order to the Board nor the Board?s consideration of the Order, will be deemed to have unfairly or illegally prejudiced the Board or its individual members and, therefore, will not be grounds for precluding the Board or any individual member of the Board from further participation in proceedings related to the matters set forth in the Order. Jack Randall Munn and John V. McShane understand that any failure to comply with the terms of this Order is a basis for discipline under the Texas Pharmacy Act. At the conclusion of the aforementioned conference, and subsequent communications, it was agreed among the parties that Jack Randall Munn shall comply with the terms and conditions set forth in the ORDER OF THE BOARD below. ORDER OF THE BOARD THEREFORE, PREMISES CONSIDERED, the Texas State Board of Pharmacy does hereby ORDER that pharmacist license number 23108 held by Jack Randall Munn (hereinafter referred to as ?Respondent?) shall be, and such license is hereby suSpended for two (2) months, with such period to commence 30 days after the entry of this Order. It is further ORDERED that Respondent: (I) shall not practice pharmacy in this state or have access to prescription drugs during the period pharmacist license number 23108 is suspended; and (2) shall surrender to the Texas State Board of Pharmacy, pharmacist license number 23108 and any renewal certi?cate and personal identi?cation card pertaining to pharmacist license number 23108 within 30 days after the entry of this Order. Agreed Board Order Jack Randall Munn Page 5 It is further ORDERED that immediately following the initial two-month suspension period, pharmacist license number 23108 held by Respondent shall be suspended for ?ve (5) years. It is further ORDERED that such suspension be probated under the conditions that Respondent abide by and obey the terms of this Order, all Federal laws and laws of the State of Texas with respect to pharmacy, controlled substances, dangerous drugs, and all rules and regulations adepted pursuant to the above- mentioned statutes. It is further ORDERED that Respondent shall pay a probation fee of one thousand two hundred dollars This probation fee is due ninety (90) days after Respondent?s probationary period begins. It is further ORDERED that within one 1) year after the entry of this Order, Respondent shall provide proof that he successfully passed the Multistate Pharmacy Jurisprudence Examination pursuant to Section 283.7 of the Texas Pharmacy Board Rules, 22 ADMIN. CODE. If Respondent does not provide proof of passing the Multistate Pharmacy Jurisprudence Examination pursuant to Section 283.7 within one year after the entry of this Order, his pharmacist license number 23108 shall be immediately suSpended until such time as ReSpondent provides proof of passing said examination. During the period of suspension, Respondent shall: (1) not practice pharmacy in this state or have access to prescription drugs during the period pharmacist license number 23108 is suspended; and (2) surrender to the Texas State Board of Pharmacy, pharmacist license number 23108 and any renewal certificate and personal identi?cation card pertaining to pharmacist license number 23108 within thirty-(30) days after the effective date of the suspension. Agreed Board Order Jack Randall Munn Page6 It is ?nally ORDERED that failure to comply with any of the terms and conditions in this Order constitutes a violation and shall be grounds for further disciplinary action against the Texas pharmacist license held by Respondent. JUL-31 -8889 11:38 2143659838 Agreed Bonrd Ordor Junk RundnH Munn Page 7 And il in so ORDERED. THIS ORDER IS A PUBLIC RECORD. SIGNED AND ON THIS 12th dnyol? . 200?). . Texas Stun: 01nd ofl?hm'muoy APPROVED AS TO FORM AND AGREED TO: 4444044444 ulull . uShu ?c Lega? Cof?mnor Jack Randall 'Mc muo DH 8, Centre. Tower I 8350 N. Conlml Suilo [200 Tum 752064624 Arnold, General Counsel 'l?cxna Board SAAuumuysH?NLa OIOD -