AGREED BOARD ORDER #E-06-002
RE:

INTHEMATTEROF
WALDRICK LYNN LEMONS
(PHARMACIST LICENSE #37238)

BEFORE THE TEXAS STATE
BOARD OF PHARMACY

On this day came on to be considered by the Texas State Board of Pharmacy the
matter of pharmacist license number 37238 issued to Waldrick Lynn Lemons.
By letter dated June 16, 2006, the Texas State Board of Pharmacy gave
preliminary notice to Waldrick Lynn Lemons of its intent to take disciplinary action with
respect to pharmacist license number 37238 issued to Waldrick Lynn Lemons.

This

action was taken as a result of information received by the Board which produced
evidence indicating that Waldrick Lynn Lemons may have violated:
565.00I(a)(l), (2), (3), (6)(B), (9)(A), (12), (13) and (15) of the Texas
Pharmacy Act, TEX. Occ. CODE ANN. Subtitle J (Vernon 2005);
Section 28!.7(a)(2), (3), (12), (13) and (20); Section 281.7(b)(2); and
Section 291.34(b)(I) of the Texas Pharmacy Rules of Procedure, 22 TEX.
ADMIN. CODE (2005); and
Section 48!.074(a)(I) and (2); Section 481.074(h); Section 481.1!4(a);
and Section 481.129(c)(I) of the Texas Controlled Substances Act, TEX
HEALTH & SAFETY CODE ANN. (2005), in that, allegedly:
COUNT

On or about May 10,2005, in Cause No. 3:02-CR-369-P(05), in the United States
District Court, Northern District of Texas, Waldrick Lynn Lemons was convicted of the
felony offense ofConspiracyto Distribute a Controlled Substance. This action was based
on evidence that while acting as an employee (staff pharmacist) at Friendly Pharmacy
(now closed), 219 W. Kingsley #336, Garland, Texas 75041, Mr. Lemons conspired with
others to dispense and possess with intent to dispense controlled substances, namely
hydrocodone, a Schedule III controlled substance tbrough the pharmacy's internet
operations. The trial court placed Mr. Lemons on probation for a period of five years,
ordered him to participate in the Home Confinement Program for a period of 180
consecutive days, and ordered that Mr. Lemons pay a special assessment of $!00 and
complete 200 hours of community service.

 Agreed Board Order #E-06-002
Waldrick Lynn Lemons
Page 2
Hydrocodone is a Penalty Group 3 controlled substance listed m the Texas
Controlled Substances Act: Hydrocodone.
An informal conference was held m the office of the Texas State Board of
Pharmacy on September 7, 2006, with Waldrick Lynn Lemons, R.Ph., and Michael P.
Gibson, Legal Counsel for Waldrick Lynn Lemons, in attendance.

The informal

conference was heard by a Board panel comprised of: Rosemary Forester Combs, Board
Member; Gay Dodson, R.Ph., Executive Director/Secretary; and Carol Fisher, R.Ph.,
M.F.A., Director of Enforcement; with Kerstin E. Arnold, General Counsel. Also in
attendance were: Mitra A. Woody, Staff Attorney, and Joe Lewis, Chieflnvestigator.
At the aforementioned conference, Michael P. Gibson stated he was present for
and on behalf ofWaldrick Lynn Lemons. By their appearance at the informal conference
and by their signatures on this Order, Waldrick Lynn Lemons and Michael P. Gibson
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, Waldrick Lynn Lemons and Michael P. Gibson agreed to the entry of
an Order disposing of the need for further disciplinary action in this matter. By their
signatures on this Order, Waldrick Lynn Lemons and Michael P. Gibson neither admit
nor 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

 Agreed Board Order #E-06-002
Waldrick Lynn Lemons
Page 3
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.
Waldrick Lynn Lemons and Michael P. Gibson 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 Waldrick Lynn Lemons 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 37238 held by Waldrick Lynn
Lemons (hereinafter referred to as "Respondent") shall be, and such license is hereby
suspended for a period of time to run concurrent with his criminal probation in Cause No.
3:02-CR-369-P(OS), in the United States District Court, Northern District of Texas, with
such period to commence thirty (30) days after the entry of this Order. It is further
ORDERED that Respondent:
(I)

shall not practice pharmacy in this state or be employed in this state in any
manner that would allow access to prescription drugs during the period
pharmacist license number 37238 is suspended; and

(2)

shall surrender to the Texas State Board of Pharmacy, pharmacist license number
37238 and any renewal certificate and personal identification card pertaining to
pharmacist license number 37238 within 30 days after the entry of this Order.

 Agreed Board Order #E-06-002
Waldrick Lynn Lemons
Page4
It is further ORDERED that upon meeting the conditions of the Court and

providing certified documentation of termination of criminal probation to the Texas State
Board of Pharmacy from the United States District Court, Northern District of Texas, in
Cause 3:02-CR-369-P(OS), pharmacist license number 37238 shall be suspended for five
(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 adopted pursuant to the above-mentioned statutes.
It is further ORDERED that Respondent shall pay a probation fee of one thousand

two hundred dollars ($1,200).

This probation fee is due sixty (60) days after the

probationary period begins.
It is finally 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.

 Agreed Board Order #E-06-002
Waldrick Lynn Lemons
Page 5
And it is so ORDERED.
THIS ORDER IS A PUBLIC RECORD.

SIGNEDANDENTEREDONTHIS

1st dayof

November

2006

FPHARMACY

ATTEST:

Gay Dodson . h., xecutive Director/Secretary
Texas State Board fPharrnacy

ick Lynn Lemons

Texas State Board of Pharmacy

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