1 XAVIER BECERRA 2 LINDA K. SCI-INEIDER 3 JOSI-JUA A. ROOM Attorney General of California Senior Assistant Attorney General 4 5 6 Supervising Deputy Attorney General State Bar No. 214663 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 510-3512 Facsimile: (415) 703-5480 Attorneys for Complainant 7 8 BEFORE THE BOARD OF PHARMACY DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 In the Matter of the Accusation Against: Case No. 6325 WALGREENS #04517 2600 Mowry Avenue Fremont, CA 94538 ACCUSATION Pharmacy License No. PHY 53062 and WALGREENS #00900 2105 Morrill Avenue San Jose, CA 95132 Pharmacy License No. PHY 52768 and WALGREENS #05480 1833 N. Milpitas Boulevard Milpitas, CA 95035 Pharmacy License No. PHY 52864 and KIM THIEN LE aka KIM T. LE 1133 Park Glen Court Milpitas, CA 95035 Pharmacy Technician License No. TCH 36481 Respondents. 28 1 (WALGREENS #04517; WALGREENS #00900; WALGREENS #05480; KIM THIEN LE) ACCUSATION Complainant alleges: 1 PARTIES 2 I. 3 4 Virginia Herold (Complainant) brings this Accusation solely in her official capacity as the Executive Officer of the Board of Pharmacy, Department of Consumer Affairs. 2. 5 On or about December 31, 2014, the Board of Pharmacy issued Pharmacy License 6 Number PHY 53062 to Walgreens Co. dba Walgreens #04517 (Respondent Walgreens #04517). 7 The Pharmacy License was in full force and effect at all times relevant to the charges brought 8 herein and will expire on December 1, 2018, unless renewed. 3. 9 On or about December 31, 2014, the Board of Pharmacy issued Pharmacy License 10 Nwnber PHY 52768 to Walgreens Co. dba Walgreens #00900 (Respondent Walgreens #00900). 11 The Pharmacy License was in full force and effect at all times relevant to the charges brought 12 herein and will expire on December 1, 2018, unless renewed. 4. 13 On or about December 31, 2014, the Board of Pharmacy issued Pharmacy License 14 Number PHY 52864 to Walgreens Co. dba Walgreens #05480 (Respondent Walgreens #05480). 15 The Pharmacy License was in full force and effect at all times relevant to the charges brought 16 herein and will expire on December l, 2018, unless renewed. 5. 17 On or about February 15, 2001, the Board of Pharmacy issued Pharmacy Technician 18 License Number TCH 36481 to Kim Thien Le aka Kim T. Le (Respondent Le). The Pharmacy 19 Technician License expired on October 31, 2008, and was subsequently cancelled. JURISDICTION 20 6. 21 22 This Accusation is brought before the Board under the authority of the following laws. All statutory references are to the Business and Professions Code (Code), unless indicated. 7. 23 Section 4011 of the Code provides that the Board shall administer and enforce both 24 the Pharmacy Law [Bus. & Prof. Code, § 4000 et seq.] and the Uniform Controlled Substances 25 Act [Health & Safety Code, § l 1000 et seq.]. 8. 26 Section 4300, subdivision (a), of the Code provides that every license issued by the 27 Board may be suspended or revoked. 28 /// 2 (WALGREENS #04517; WALGREENS #00900; WALGREENS #05480; KIM THIEN LE) ACCUSATION 1 9. Section 4300.1 of the Code provides that the expiration, cancellation, forfeiture, or 2 suspension of a Board-issued license, the placement of a license on a retired status, or the 3 voluntary surrender of a license by a licensee, shall not deprive the Board of jurisdiction to 4 commence or proceed with any investigation of, or action or disciplinary proceeding against, the 5 licensee or to render a decision suspending or revoking the license. STATUTORY PROVISIONS 6 7 8 9 JO 11 12 13 14 10. Section 4021 of the Code provides that a "controlled substance" means any substance listed in Chapter 2 (Section 11053 et seq.) ofDivision 10 of the Health and Safety Code. 11. Section 4022 of the Code states: "'Dangerous drug' or 'dangerous device' means any drug or device unsafe for self-use in humans or animals, and includes the fo !lowing: (a) Any drug that bears the legend: "Caution: federal law prohibits dispensing without prescription," "Rx only," or words of similar import. (b) Any device that bears the statement: 'Caution: federal law restricts this device to sale by 15 or on the order of a _____,,' 'Rx only,' or words of similar import, the blank to be filled in 16 with the designation of the practitioner licensed to use or order use of the device. 17 18 (c) Any other drug or device that by federal or state law can be lawfully dispensed only on prescription or furnished pursuant to Section 4006." 19 12. Section 4036 of the Code states: 20 "'Pharmacist' means a natural person to whom a license has been issued by the board, 21 under Section 4200, except as specifically provided otherwise in this chapter. The holder of an 22 unexpired and active pharmacist license issued by the board is entitled to practice pharmacy as 23 defined by this chapter, within or outside of a licensed pharmacy as authorized by this chapter." Section 4051 of the Code states, in pertinent part: 24 13. 25 "(a) Except as otherwise provided in this chapter, it is unlawful for any person to 26 manufacture, compound, furnish, sell, or dispense any dangerous drug or dangerous device, or to 27 dispense or compound any prescription pursuant to Section 4040 of a prescriber unless he or she 28 is a pharmacist under this chapter, ... " 3 (WALGREENS #04517; WALGREENS #00900; WALGREENS #05480; KIM THJEN LE) ACCUSATION Section 4081 of the Code states, in pertinent part: 1 14. 2 "(a) All records of manufacture and of sale, acquisition, or disposition of dangerous drugs 3 or dangerous devices shall be at all times during business hours open to inspection by authorized 4 officers of the law, and shall be preserved for at least three years from the date of making .... 5 (b) The owner, officer, and partner of any pharmacy, wholesaler, or veterinary food-animal 6 drug retailer shall be jointly responsible, with the pharmacist-in-charge or representative-in- 7 charge, for maintaining the records and inventory described in this section." Section 4105 of the Code states, in pertinent part: 8 15. 9 "(a) All records or other documentation of the acquisition and disposition of dangerous 1o drugs and dangerous devices by any entity licensed by the board shall be retained on the licensed 11 premises in a readily retrievable form .... 12 13 14 (c) The records required by this section shall be retained on the licensed premises for a period of three years from the date of making. (d) Any records that are maintained electl'onically shall be maintained so that the 15 pharmacist-in-charge, [or] the pharmacist on duty if the pharmacist-in-charge is not on duty, ... 16 shall, at all times during which the licensed premises are open for business, be able to produce a 17 hard copy and electronic copy of all records of acquisition or disposition or other drug or 18 dispensing-related records maintained electronically.... " 19 16. Section 4301 of the Code provides, in pertinent part, that the Board shall take action 20 against any licensee guilty of"unprofessional conduct," defined to include, but not be limited to: 21 (f) The commission of any act involving moral turpitude, dishonesty, fraud, deceit, or 22 corruption, whether the act is committed in the course ofrelations as a licensee or otherwise, and 23 whether the act is a felony or misdemeanor or not. 24 25 26 (i) The violation of any of the statutes of this state, of any other state, or of the United States regulating controlled substances and dangerous drugs. ( o) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the 27 violation of or conspiring to violate any provision or term of this chapter or of the applicable 28 federal and state laws and regulations governing pharmacy .... 4 (WALGREENS #04517; WALGREENS #00900; W ALGREENS #05480; KIM THIEN LE) ACCUSATION 17. I Section 4328 of the Code provides that it is unlawful for any person to permit the 2 compounding or dispensing of prescriptions, or the furnishing of dangerous drugs, in his or her 3 pharmacy, except by a pharmacist. 18. 4 Section 4330 of the Code provides, in pertinent part, that it is unlawful for any person 5 who has obtained a license to conduct a pharmacy: to fail to place in charge of the pharmacy a 6 pharmacist; to permit the compounding or dispensing of prescriptions, or the furnishing of 7 dangerous drugs, except by a pharmacist; or to commit any act that would subvert or tend to 8 subvert the efforts of the pharmacist-in-charge to comply with laws governing the pharmacy. 9 19. Section 4332 of the Code makes it unlawful for any person: to fail, neglect, or refuse 1o to maintain the records required by Section 4081; or, when called upon by an authorized officer 11 or a member of the board, to fail, neglect, or refuse to produce or provide the records within a 12 reasonable time; or to willfully produce or furnish records that are false. 13 20. Section 4333 of the Code provides, in pertinent part, that all prescriptions filled by a 14 pharmacy and all other records required by Section 4081 shall be maintained on the premises and 15 available for inspection by authorized officers of the law for a period of at least three years. In J6 cases where the pharmacy discontinues business, these records shall be maintained in a 17 board-licensed facility for at least three years. 18 19 21. Health and Safety Code section 11152 provides that no person shall write, issue, fill, compound, or dispense a prescription that does not conform to this division. 20 22. Health and Safety Code section 11158 states, in pertinent part: 21 "(a) Except as provided in Section 11159 [order for controlled substances for use by a 22 patient in a county or licensed hospital] or in subdivision (b) of this section [prescriber dispensing 23 of72-hour supply of Schedule II controlled substance], no controlled substance classified in 24 Schedule II shall be dispensed without a prescription meeting the requirements of this chapter. 25 Except as provided in Section 11159 or when dispensed directly to an ultimate user by a 26 practitioner, other than a pharmacist or pharmacy, no controlled substance classified in Schedule 27 III, IV, or V may be dispensed without a prescription meeting the requirements of this chapter." 28 III 5 (WALGREENS #04517; WALGREENS #00900; WALGREENS 1105480; KIM THIEN LE) ACCUSATION 1 2 3 4 5 6 23. Health and Safety Code section 11162.1, subdivision (a), provides, in pertinent part, that prescription forms for controlled substances shall be printed with: (1) A latent, repetitive "void" pattern; if a prescription is scanned or photocopied, the word "void" shall appear in a pattern across the entire front of the prescription. (2) A watermark on the backside of the prescription blank; the watermark shall consist of the words "California Security Prescription." 7 (3) A chemical void protection that prevents alteration by chemical washing. 8 (4) A feature printed in thermochromic ink. 9 (5) An area of opaque writing so that the writing disappears if the prescription is lightened. 10 (6) A description of the security features included on each prescription form. 11 (7)(A) Six quantity check off boxes so that the prescriber may indicate the quantity by 12 checking the applicable box where the following quantities shall appear: 13 1-24 14 25-49 15 50-74 16 75-100 17 101-150 18 151 and over. 19 (B) In conjunction with the quantity boxes, a space to designate the units referenced in the 20 21 22 23 24 quantity boxes when the drug is not in tablet or capsule form. (8) A statement printed on the bottom of the prescription blank that the "Prescription is void if the number of drugs prescribed is not noted." (9) The preprinted name, category of licensure, license number, federal controlled substance registration number, and address of the prescribing practitioner. 25 (10) Check boxes so that the prescriber may indicate the number ofrefills ordered. 26 (11) The date of origin of the prescription. 27 (12) A check box indicating the prescriber's order not to substitute. 28 (13) A nwnber assigned to the approved security printer by the Department of Justice. 6 (WALGREENS #04517; WALGREENS #00900; W ALGREENS #05480; KIM Tl-TIEN LE) ACCUSATION J (l 4)(A) A check box by the name of each prescriber when a form lists multiple prescribers. 2 (B) Each prescriber who signs the prescription form shall identify himself or herself as the 3 4 prescriber by checking the box by his or her name. Health and Safety Code section 11162.1, subdivision (b), further provides that each batch of 5 controlled substance prescription forms shall have the lot number printed on the form and each 6 form within that batch shall be numbered sequentially beginning with the numeral one. Health and Safety Code section 11164 states, in pertinent part: 7 24. 8 "Except as provided in Section 11167 [emergency], no person shall prescribe a controlled 9 JO substance, nor shall any person fill, compound, or dispense a prescription for a controlled substance, unless it complies with the requirements of this section. 11 (a) Each prescription for a controlled substance classified in Schedule II, III, IV, or V, 12 except as authorized by subdivision (b), shall be made on a controlled substance prescription form 13 as specified in Section 11162.1 and shall meet the following requirements: J4 (I) The prescription shall be signed and dated by the prescriber in ink and shall contain the 15 prescriber's address and telephone number; the [patient name]; refill information, such as the 16 number of refills ordered and whether the prescription is a first-time request or a refill; and the 17 name, quantity, strength, and directions for use of the controlled substance prescribed. 18 (2) The prescription shall also contain the address of the person for whom the controlled J9 substance is prescribed. If the prescriber does not specify this address on the prescription, the 20 [pharmacy] shall write or type the address on the prescription or maintain this information in a 21 readily retrievable form in the pharmacy. 22 (b)(l) Notwithstanding paragraph (I) of subdivision (a) of Section 11162.1, any controlled 23 substance classified in Schedule III, IV, or V may be dispensed upon an oral or electronically 24 transmitted prescription, which shall be produced in hard copy form and signed and dated by the 25 pharmacist filling the prescription or by any other person expressly authorized by provisions of 26 the Business and Professions Code. Any person who transmits, maintains, or receives any 27 electronically transmitted prescription shall ensure the security, integrity, authority, and 28 confidentiality of the prescription. 7 (WALGREENS #04517; WALGREENS #00900; WALGREENS #05480; KIM 11-IIEN LE) ACCUSATION l (2) The date of issue of the prescription and all the information required for a written 2 prescription by subdivision (a) shall be included in the written record of the prescription; the 3 pharmacist need not include the address, telephone number, license classification, or federal 4 registry number of the prescriber or the address of the patient on the hard copy, if that information 5 is readily retrievable in the pharmacy. (3) Pursuant to an authorization of the prescriber, any agent of the prescriber on behalf of 6 7 the prescriber may orally or electronically transmit a prescription for a controlled substance 8 classified in Schedule III, IV, or V, if in these cases the written record of the prescription required 9 by this subdivision specifies the name of the agent of the prescriber transmitting the prescription." 10 REGULATORY PROVISIONS 25. 11 California Code of Regulations, title 16, section 1717, subdivision (b) requires, in 12 pertinent part, that for each prescription on file, certain information shall be maintained and be 13 readily retrievable in the pharmacy, including the date dispensed, and the name or initials of the 14 dispensing pharmacist. All prescriptions filled or refilled by an intern pharmacist must also be 15 initialed by the supervising pharmacist before they are dispensed. 26. 16 17 California Code of Regulations, title 16, section 1770, states: For the purpose of denial, suspension, or revocation of a personal or facility license pursuant to Division 1.5 (conunencing with Section 475) of the Business and Professions Code, a crime or act shall be considered substantially related to the qualifications, functions or duties ofa licensee or registrant ifto a substantial degree it evidences present or potential unfitness of a licensee or registrant to perform the functions authorized by his license or registration in a manner consistent with the public health, safety, or welfare. 18 19 20 COST RECOVERY 21 27. 22 Section 125.3 of the Code provides, in pertinent part, that the Board may request the 23 administrative law judge to direct a licentiate found to have committed a violation of the licensing 24 act to pay a sum not to exceed its reasonable costs of investigation and enforcement. 25 II I 26 II I 27 III 28 III 8 (WALGREENS #04517; WALGREENS #00900; WALGREENS #05480; KIM TI-TIEN LE) ACCUSATION FACTUAL BACKGROUND 1 2 28. On or about August 8, 2017, during and subsequent to an inspection at Respondent 3 Walgreens #04517, it was discovered that the pharmacy had dispensed prescriptions pursuant to 4 controlled substance prescription forms that did not meet statutory requirements. These included: 5 • RX 2895220 (alprazolam 2mg; patient MK) 1 : lacked "California Security 6 Prescription" watermark; lacked check boxes to indicate number ofrefills; lacked 7 identifying number assigned to the approved security printer by the Department of 8 Justice; and lacked lot and batch numbers printed on the prescription document. • RX 2895879 (alprazolam 2mg; patient HC): lacked "California Security 9 1O Prescription" watermark; lacked check boxes to indicate number of refills; lacked 11 identifying number assigned to the approved security printer by the Department of 12 Justice; and lacked lot and batch numbers printed on the prescription document. 13 • RX 2935775 (alprazolam 2mg; patient MC): lacked latent, repetitive ''void" J4 pattern printed across the entire front of the prescription document; lacked 15 "California Security Prescription" watermark; lacked check boxes to indicate 16 number of refills; lacked identifying number assigned to approved security printer 17 by Department of .Justice; and lacked lot and batch numbers printed on prescription. 18 • RX 2941746 (alprazolam 2mg; patient EC): lacked latent, repetitive "void" pattern 19 printed across the entire front of the prescription document; lacked "California 20 Security Prescription" watermark; lacked check boxes to indicate number of refills; 21 lacked identifying number assigned to the approved security printer by the 22 Department of .Justice; and lacked lot and batch numbers printed on the prescription. • 23 RX 3012053 (alprazolam 2mg; patient LG): lacked latent, repetitive "void" pattern 24 printed across the entire front of the prescription document; lacked check boxes to 25 indicate number ofrefills; lacked identifying number assigned to the approved 26 security printer by the Department of Justice; and lacked lot and batch numbers 27 printed on the prescription. 28 1 Patient initials are used throughout to protect confidentiality. 9 (WALGREENS #04517; WALGREENS #00900; WALGREENS #05480; KIM THIEN LE) ACCUSATION • I RX 3021321 (alprazolam 2mg; patient HC): lacked latent, repetitive "void" pattern 2 printed across the entire front of the prescription document; lacked "California 3 Security Prescription" watermark; lacked check boxes to indicate number of refills; 4 lacked identifying number assigned to the approved security printer by the 5 Department of Justice; and lacked lot and batch numbers printed on the prescription. • 6 RX 3023970 (promethazine with codeine 10 mg/6.25mg per 5 ml; patient HC): 7 lacked latent, repetitive "void" pattern printed across the entire front of the 8 prescription document; lacked "California Security Prescription" watermark; lacked 9 check boxes to indicate number ofrefills; lacked identifying number assigned to the 10 approved security printer by the Department of Justice; and lacked lot and batch 11 numbers printed on the prescription. • 12 RX 3036290 (alprazolam 2mg; patient LC): lacked latent, repetitive "void" pattern 13 printed across the entire front of the prescription document; lacked "California 14 Security Prescription" watermark; lacked check boxes to indicate number ofrefills; 15 lacked identifying number assigned to the approved security printer by the 16 Department of Justice; and lacked lot and batch numbers printed on the prescription. • 17 RX 3106606 (alprazolam 2mg; patient HC): lacked latent, repetitive "void" pattern 18 printed across the entire front of the prescription document; lacked "California 19 Security Prescription" watermark; lacked check boxes to indicate number of refills; 20 lacked identifying number assigned to the approved security printer by the 21 Department of Justice; and lacked lot and batch numbers printed on the prescription. • 22 RX 3107433 (alprazolam 2mg; patient SC): lacked latent, repetitive "void" pattern 23 printed across the entire front of the prescription document; lacked "California 24 Security Prescription" watermark; lacked check boxes to indicate number of refills; 25 lacked identifying number assigned to the approved security printer by the 26 Department of Justice; and lacked lot and batch numbers printed on the prescription. 27 I II 28 II I 10 (WALGREENS #04517; WALGREENS #00900; WALGREENS #05480; KIM THIEN LE) ACCUSATION [ • RX 3139666 (alprazolam 2mg; patient I-IJ): lacked latent, repetitive "void" pattern 2 printed across the entire front of the prescription document; lacked "California 3 Security Prescription" watermark; lacked check boxes to indicate number of refills. 4 5 6 29. During and subsequent to this inspection, neither the pharmacist on duty nor the pharmacist-in-charge were able to locate the original prescription document for RX 3012053. 30. During and subsequent to this inspection, inquiry into the pharmacists responsible for 7 verifying and dispensing the controlled substance prescriptions at issue revealed that the initials 8 KTL were listed as the verifying pharmacist for some of these prescriptions. Those initials were 9 said to correspond to a Kim T. Le, then employed by Walgreens as a pharmacist and pharmacist- !o in-charge at Respondent Walgreens #00900, who had done remote electronic verification. This 11 individual will hereafter be known as Kim Thien Le aka Kim T. Le (Respondent Le). 12 31. The Pharmacist License Number listed in Walgreens records for Respondent Le 13 (RPI-I 58654) was subsequently identified as belonging to another licensed pharmacist with a 14 similar name, who was not employed by Walgreens. When Respondent Le was confronted with 15 this information, she claimed to be the holder of another Pharmacist License Number (RPI-I J6 52262). However, RPH 52262 was also determined to belong to another licensed pharmacist 17 with a similar name, and not to Respondent Le. Subsequent investigation discovered that 18 Respondent Le had previously been licensed as a Pharmacy Technician (TCI-I 36481), but that 19 license had expired in 2008. Respondent Le had never been licensed as a Pharmacist. 20 21 22 32. Subsequent inquiry to Walgreens discovered that Respondent Le had also previously been a pharmacist and the pharmacist-in-charge at Respondent Walgreens #05480. 33. During a subsequent interview with Respondent Le, conducted shortly after the birth 23 of her child, when she was confronted with the fact that the two license numbers she had claimed 24 as her own belonged to other people, Respondent Le said "me and my son would be very grateful 25 if you could just forget about this," "I will pay whatever fine," and promised she would "not be 26 coming back to work as a pharmacist." When asked whether she was a licensed pharmacist, 27 Respondent Le said yes, and said she had received a pharmacy degree from Creighton University 28 in Nebraska. But she continued to avoid the question of what was her valid license number. l1 (WALGREENS #04517; WALGREENS #00900; WALGREENS #05480; KIM THIEN LE) ACCUSATION 1 Subsequent inquiry to Creighton University revealed an entry in their files matching 34. 2 Respondent Le's name and date of birth, but showing no undergraduate or graduate degree was 3 awarded. The entry in their files could simply have been the result of an inquiry by her, and did 4 not necessarily indicate enrollment or matriculation. A subsequent inquiry to the agency that 5 licenses pharmacists in Nebraska did not discover any licenses issued to Respondent Le. 6 7 35. Interviews with staff at Respondent Walgreens #00900 confirmed that Respondent Le had been observed undertaking tasks reserved to licensed pharmacists, including: 8 • Performing activities that required the exercise of professional judgment; 9 • Reducing oral and/or electronic prescriptions to writing; 1O • Verifying non-controlled and controlled substance prescriptions; 11 • Counseling patients regarding their prescriptions; 12 • Administering immunizations/vaccinations to patients; 13 • Supervising clerks, pharmacy technicians, intern pharmacists, and trainees; 14 • Ordering non-controlled and controlled medications; and 15 • Signing for delivered medications. 16 17 36. Subsequent inquiry to Walgreens discovered that Respondent Le had worked for Walgreens in one capacity or another since ,September 20, 1999. Her employment history was: 18 • September 1999 - March 2001: Pharmacy Cashier 19 • March 2001 - July 2001: Pharmacy Technician 20 • July 2001 - November 2006: Intern Pharmacist 21 • November 2006 - date ofreport: Pharmacist 22 • April 2016- date of report: Pharmacy Manager (pharmacist-in-charge [PIC]) 23 o 24 o November 2016- date of report: PIC at Respondent Walgreens #00900 25 3 7. April 2016-November 2016: PIC at Respondent Walgreens #05480 The Pharmacist License Number listed in Walgreens records was the first number 26 identified in paragraph 31, above (RPH 58654), which belonged to another licensed pharmacist 27 that was not employed by Walgreens. 28 38. Board records show no intern or pharmacist license(s) issued to Respondent Le. 12 (WALGREENS #04517; WALGREENS #00900; WALGREENS #05480; KIM TifilN LE) ACCUSATION 1 39. Walgreens did not have or keep any proof of Respondent Le's enrollment in or 2 graduation from an accredited pharmacy school, nor did Walgreens have or keep copies of any of 3 Respondent Le's purported licenses. Walgreens could not say whether or not Respondent Le's 4 Pharmacy Technician, (purported) Intern Pharmacist, or (purported) Pharmacist licensure papers 5 were requested or reviewed prior to hiring. Walgreens was also not able to locate a copy of any 6 application for employment completed by Respondent Le. 7 40. During the investigation, Walgreens provided documentation demonstrating that 8 Respondent Le had, during her tenure as a pharmacist with Walgreens, "performed one of the 9 pharmacist required steps, i.e., data entry review, drug utilization review, or product verification," 10 between November 1, 2006 and September 30, 2017, for a total of745,355 prescriptions in a total 11 of 395 Walgreens pharmacies (many by remote), 100,701 of those for controlled substances. The 12 greatest number of verifications had been performed in or for Respondent Walgreens #04517. 13 CAUSES FOR DISCIPLINE AS TO RESPONDENT LE 14 15 FIRST CAUSE FOR DISCIPLINE 16 17 18 (Acts Involving Moral Turpitude, Dishonesty, Frand, Deceit or Corruption) 41. Respondent Le is subject to discipline under section 4301, subdivision (f) ofthe 19 Code, in that Respondent, as described in paragraphs 30 to 40 above, committed acts involving 20 moral turpitude, dishonesty, fraud, deceit, or corruption, when she posed as an intern pharmacist 21 and pharmacist, accepted employment in those capacities, and acted as a pharmacist-in-charge, all 22 without having the appropriate licensure to perform the necessary tasks. SECOND CAUSE FOR DISCIPLINE 23 (Unlicensed Practice as Intern Pharmacist and Pharmacist) 24 25 42. Respondent Le is subject to discipline under section 4301, subdivision(s) U) and/or 26 (o), and/or section(s) 4036 and/or 4051 of the Code, in that Respondent, as described in 27 paragraphs 30 to 40 above, performed tasks reserved to an intern pharmacist or pharmacist, in 28 California, without appropriate licensure from the Board to permit those tasks. 13 (WALGREENS #04517; W ALGREENS #00900; WALGREENS #05480; KIM THIEN LE) ACCUSATION CAUSES FOR DISCIPLINE AS TO WALGREENS RESPONDENTS 1 2 3 THIRD CAUSE FOR DISCIPLINE 4 (Permitting Unlicensed Person to Act as Intern Pharmacist or Pharmacist) 5 43. Respondents Walgreens #04517, Walgreens #00900, and Walgreens #05480 are each 6 and severally subject to discipline under section 4301, subdivision(s) (j) and/or (o), and/or 7 section(s) 4328 and/or 4330 of the Code, in that Respondents, as described in paragraphs 30 to 40 8 above, permitted the compounding or dispensing of prescriptions, or the furnishing of dangerous 9 drugs, by Respondent Le, who was not then licensed as an intern pharmacist or pharmacist. 10 FOURTH CAUSE FOR DISCIPLINE (Failing to Place Pharmacist in Charge of Pharmacy) 11 44: 12 Respondents Walgreens #00900 and Walgreens #05480 are each and severally 13 subject to discipline under section 4301, subdivision(s) (j) and/or (o), and/or section 4330 of the 14 Code, in that Respondents, as described in paragraphs 30 to 40 above, failed to place a licensed 15 pharmacist in charge of the pharmacy while Respondent Le served as pharmacist-in-charge. 16 FIFTH CAUSE FOR DISCIPLINE 17 (Dispensing Pnrsuant to Non-Compliant Prescriptions) 45. 18 Respondent Walgreens #04517 is snbject to discipline under section 4301, 19 subdivision(s) (j) and/or (o), and/or Health and Safety Code section(s) 11152, 11158, 11162.1, 20 and/or 11164, in that Respondent, as described in paragraph 28 above, dispensed prescriptions 21 pursuant to controlled substance prescription forms that did not meet statutory requirements. 22 SIXTH CAUSE FOR DISCIPLINE 23 (Failing to Provide Records) 46. 24 Respondent Walgreens #04517 is subject to discipline under section 4301, 25 subdivision(s) (j) and/or (o), and/or section(s) 4081, 4105, 4332, and/or 4333 of the Code, in that, 26 as described in paragraph 29 above, neither the pharmacist on duty nor the pharmacist-in-charge 27 was able to retrieve or produce the original prescription document pertaining to RX 3012053. 28 /// 14 (WALGREENS #04517; W ALGREENS #00900; WALGREENS #05480; KIM THIBN LE) ACCUSATlON SEVENTH CAUSE FOR DISCIPLINE 1 (Lack of Documentation of Pharmacist Verification) 2 3 47. Respondent Walgreens #04517 is subject to discipline under section 4301, 4 subdivision(s) 5 as described in paragraphs 30 to 40 above, verifications on prescriptions were performed by an 6 individual not holding a pharmacist license, so that no proper pharmacist was identified. U) and/or (o), and/or California Code ofRegulations, title 16, section 1717, in that, 7 PRAYER 8 9 10 11 12 13 14 15 16 17 18 19 20 21 WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged, and that following the hearing, the Board of Pharmacy issue a decision: 1. Revoking or suspending Pharmacy License Number PHY 53062, issued to Walgreens Co. dba Walgreens #04517 (Respondent Walgreens #04517); 2. Revoking or suspending Pharmacy License Number PHY 52768, issued to Walgreens Co. dba Walgreens #00900 (Respondent Walgreens #00900); 3. Revoking or suspending Pharmacy License Number PHY 52864, issued to Walgreens Co, dba Walgreens #05480 (Respondent Walgreens #05480); 4. Revoking or suspending Pharmacy Technician License Number TCH 36481, issued to Kim Thien Le aka Kim T. Le (Respondent Le); 5. Ordering Respondents to pay the Board the reasonable costs of the investigation and enforcement of this case, pursuant to Business and Professions Code section 125.3; and, 6, Taldng such other and further action, asi~ dee1~ed n:ces~ry aj-d pro:er. 22 DATED: 23 IO /, 1) /